8/4/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,800. RESPONDENT SHALL MAKE PAYMENT WITHIN SIXTY DAYS.
ORDER ALLEGES:
THE REGULATION AT 40 C.F.R. SECTION 144.28(d) STATES THAT THE OWNER OR OPERATOR OF A RULE-AUTHORIZED INJECTION WELL IS REQUIRED TO DEMONSTRATE AND MAINTAIN FINANCIAL RESPONSIBILITY AND RESOURCES TO CLOSE, PLUG AND ABANDON THE WELL IN AN EPA-APPROVED MATTER.
RESPONDENT HAS NOT PROVIDED THE FINANCIAL ASSURANCE FOR THE SUBJECT WELLS. THEREFORE, RESPONDENT IS IN VIOLATION OF SDWA AND 40 C.F.R. SECTION 144.28(d) FOR FAILING TO DEMONSTRATE AND MAINTAIN FINANCIAL RESPONSIBILITY AND RESOURCES FOR THE SUBJECT WELLS.
REQUIREMENTS FOUND AT 40 C.F.R. SECTION 144.28(g)(2)(iv), STATE THAT A DEMONSTRATION OF MECHANICAL INTEGRITY, PURSUANT TO SECTION 146.8, SHALL OCCUR AT LEAST EVERY 5 YEARS FOR ACTIVE WELLS AND THAT THE OWNER AND OPERATOR SHALL NOTIFY EPA AT LEAST 30 DAYS PRIOR TO SUCH DEMONSTRATION.
ACCORDING TO EPA'S RECORDS, ADVANCE NOTIFICATION WAS NOT PROVIDED BY THE RESPONDENT AND THE MECHANICAL INTEGRITY DEMONSTRATION REQUIREMENTS. THEREFORE RESPONDENT VIOLATED 40 C.F.R. SECTION 144.28(g)(2)(iv)(A) AND THE SDWA BY FAILING TO PROVIDE ADVANCE NOTIFICATION AND FAILING TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF THE ACTIVE SUBJECT WELLS.
40 C.F.R. SECTI0N 144.28(c)(2)(iv) REQUIRES THAT AFTER A CESSATION OF INJECTION FOR TWO YEARS, THE OWNER OR OPERATOR OF A RULE-AUTHORIZED UNDERGROUND INJECTION WELL SHALL DEMONSTRATE THE