VIOLATION 1: RESPONDENTS HAVE NOT SUBMITTED ANNUAL MONTIORING REPORTS TO EPA SINCE ACQUIRING THE LEASE (APPROX. 1 YEAR AGO). IN VIOLATION OF 40 CFR 144.28(g)(2)(ii)(B) AND 40 CFR 144.29(h)(2)(i) FOR FAILURE TO MONITOR AND TO SUBMIT TO EPA, THE ANNUAL MONITORING REPORTS SUMMARIZING THE REQUIRED MONITORING INFORMATION.
VIOLATION 2: RESPONDENTS HAD NEVER DEMONSTRATED THE MECHANICAL INTEGRITY OF THE SUBJECT WELL AND THAT THE LAST DEMONSTRATION OF MECHANICAL INTEGRITY HAD BEEN ON OCTOBER 23, 1991. IN VIOLATION OF OF 40 CFR 144.28(G)(2)(iv)(A) FOR FAILURE TO DEMONSTRATE MECHANICAL INTEGRITY ON THE SUBJECT WELL AT LEAST ONCE EVERY 5 YEARS.
VIOLATION 3: RESPONDENTS HAVE NOT DEMONSTRATED ADEQUATE FINANCIAL RESPONSIBILITY TO CLOSE, PLUG, AND ABANDON THE WELL IN ACCORDANCE WITH AN EPA-APPROVED PLAN. IN VIOLATION OF 40 CFR 144.28(d) FOR FAILURE TO DEMONSTRATE ADEQUATE FINANCIAL RESPONSIBILITY TO CLOSE, PLUG, AND ABANDON THE SUBJECT INJECTION WELL IN ACCORDANCE WITH AN EPA-APPROVED PLAN.
VIOLATION 4 - RESPONDENTS HAVE NEVER SUBMITTED A FLUID ANALYSIS FOR THE SUBJECT WELL. IN VIOLATION OF 40 CFR 144.28(g)(2) AND 40 CFR 144.28(h)(2)(i) FOR FAILURE TO PERFORM INJECTED FLUID ANALYSIS AND FOR FAILURE TO SUBMIT TO EPA THE REQUIRED FLUID ANALYSIS REPORTS.
INJUNCTIVE RELIEF:
WITHIN 30 DAYS, RESPONDENT SHALL SUBMIT TO EPA FOR APPROVAL A PLAN FOR INITIATION OF MONITORING AS REQUIRED BY 40 CFR 144.28(G)(2)(ii)(B).
WITHIN 15 DAYS, RESPONDENT SHALL CONTACT EPA TO ARRANGED FOR