9/16/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,039, DUE WITHIN 30 DAYS. EACH OF THE SUBJECT WELLS IS LOCATED IN LEE COUNTY, KY, EXCEPT FOR THE BELLE WATSON 100, LOCATED IN POWELL COUNTY, KY. THE SUBJECT WELLS, EXCEPT FOR THE BELLE WATSON 100, WERE IN EXISTENCE ON JUNE 25, 1984, THE EFFECTIVE DATE OF THE UIC PROGRAM IN KY AS IMPLEMENTED BY EPA, AND ARE, THEREFORE, AUTHORIZED BY RULE. ON OCT 28, 2008, EPA CONDUCTED AN INSPECTION OF THE BELLE WATSON 100 WELL AND FOUND IT TO BE ACTIVELY INJECTING. A SUBSEQUENT REVIEW OF THE EPA DATABASE AND FILES REVEALED NO INFO CONCERNING THE BELLE WATSON 100 WELL HAD BEEN SUBMITTED TO EPA. THE BELLE WATSON 100 WELL IS NOT AUTHORIZED BY RULE OR BY PERMIT. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR 144.11 FOR INJECTING INTO THE SUBJECT WELL WHICH IS NEITHER AUTHORIZED BY RULE NOR BY PERMIT.
RESPONDENT PURCHASED THE BELLE WATSON LEASE ON JULY 10, 2006 AND THE REMAINING LEASES ON JUNE 11, 2007. AT THE TIME OF THE PURCHASE OF THE SUBJECT WELLS UNTIL THE ISSUANCE OF THIS PROPOSED CA/FO, NO INVENTORY INFORMATION TO TRANSFER THE WELLS TO RESPONDENT HAS BEEN SUBMIT TO EPA, IN VIOLATION OF 40 CFR 144.26; NO DEMONSTRATION OF MECHANICAL INTEGRITY HAS BEEN SUBMITTED TO EPA, IN VIOLATION OF 40 CFR 144.28(f)(2); NO MONITORING REPORTS OR FLUID ANALYSIS REPORTS HAVE BEEN SUBMITTED TO EPA, IN VIOLATION OF 40 CFR 144.28(h)(2); AND NO DEMONSTRATION OF FINANCIAL RESPONSIBILITY FOR PLUGGING AND ABANDONMENT HAS BEEN SUBMITTED TO E