10/14/10- CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,715 DUE IN INSTALLMENTS. THE FIRST $5,357.50 IS DUE WITHIN 30 DAYS. THE REMAINDER OF THE PENALTY PAYMENT IS DUE WITHIN 90 DAYS OF THE FIRST INSTALLMENT.
ALLEGATIONS:
THE PERMIT FOR THE JESSE SULLIVANT #7 REQUIRES A DEMONSTRATION OF MECHANICAL INTEGRITY AT LEAST ONCE EVERY 2 YRS. THE RESPONDENT FAILED TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THIS WELL BY THE DATE INDICATED BELOW:
JESSE SULLIVAN #7 - LAST MIT, 10/20/05 - MIT DUE, 10/20/07
THEREFORE, RESPONDENT VIOLATED 40 CFR 40 CFR 144.51(a), ITS PERMIT AND THE SDWA BY FAILING TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF THE SUBJECT WELL.
IN ACCORDANCE WITH THE PERMITS, EPA REQUIRES THAT AFTER A CESSATION OF INJECTION FOR TWO YEARS, THE PERMITTEE SHALL DEMONSTRATE THE MECHANICAL INTEGRITY OF THE INJECTION WELL, OR PLUG AND ABANDON ACCORDING TO AN EPA-APPROVED PLUGGING AND ABANDONMENT PLAN. THE RESPONDENT FAILED TO DEMONSTRATE THE MECHANICAL INTEGRITY, OR TO PLUG AND ABANDON THE FOLLOWING INACTIVE WELLS BY THE DATES INDICATED BELOW:
BILLY WHITNEY #8 - LAST MIT, 11/29/05 - MIT DUE, 11/29/07.
JOE IRWIN, #2 - LAST MIT, 11/25/05 - MIT DUE, 11/25/07.
THEREFORE, RESPONDENT VIOLATED 40 CFR 144.51(a), ITS PERMIT, AND THE SDWA BY FAILING TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF THE SUBJECT WELLS OR PLUG AND ABANDON THEM ACCORDING TO AN EPA-APPROVED PLUGGING AND ABANDONMENT PLAN.
THE PERMIT REQUIRES THE PERMITTEE TO CON