8/29/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,818. RESPONDENT SHALL MAKE PAYMENT OF $4,909 WITHIN THIRTY DAYS. RESPONDENT SHALL MAKE FINAL PAYMENT OF $4,909 BY FEBRUARY 2009. ORDER ALLEGES: DURING THE WEEK OF DECEMBER 11-13 2007, EPA INSPECTED RESPONDENT'S INJECTION WELL. 40 CFR SECTION 144.28(f)(2) REQUIRES THAT, THE OWNER OR OPERATOR OF A CLASS II INJECTION WELL AUTHORIZED BY RULE SHALL ESTABLISH AND MAINTAIN MECHANICAL INTEGRITY UNTIL THE WELL IS PROPERLY PLUGGED IN ACCORDANCE WITH AN APPROVED PLUGGING AND ABANDONMENT PLAN. DURING THE AFOREMENTIONED INSPECTION, RESPONDENT'S SUBJECT INJECTION WELL WAS FOUND TO HAVE BEEN MECHANICALLY ALTERED. THE SUBJECT WELL CONTAINED A DEVICE WHICH WOULD CAUSE ITS ANNULUS TO BE BYPASSED DURING A MECHANICAL INTEGRITY TEST (MIT), THEREBY RESULTING IN A FALSIFIED MIT RESULT. THE MECHANICAL ALTERATION TO THE SUBJECT WELL RENDERED IT INCAPABLE OF PASSING A MIT. THEREFORE, THE SUBJECT WELL LACKED MECHANICAL INTEGRITY SUBSEQUENT TO THE MECHANAICAL ALTERATION. RESPONDENT IS IN VIOLATION OF 40 CFR SECTION 144.28(f)(2) FOR FAILURE TO ESTABLISH AND MAINTAIN MECHANICAL INTEGRITY OF THE SUBJECT WELL UNTIL THE WELL WAS PROPERLY PLUGGED IN ACCORDANCE WITH AN APPROVED PLUGGING AND ABANDONMENT PLAN.