11/10/11 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,500 DUE WITHIN 60 DAYS.
ALLEGATIONS:
DURING AN INSPECTION ON FEB 7, 2011, EPA INSPECTORS OBSERVED PRODUCED FLUIDS BEING INJECTED INTO THE SUBJECT WELL THROUGH ITS CASING FROM AN OIL/WATER SEPARATOR.
40 CFR 144.11 PROHIBITS ANY UNDERGROUND INJECTION, OR CONSTRUCTION OF AN UNDERGROUND INJECTION WELL THAT IS NOT AUTHORIZED BY RULE OR BY AN ISSUED PERMIT.
NO AUTHORIZATION HAS BEEN GIVEN FOR THE UNDERGROUND INJECTION OF FLUIDS INTO THE SUBJECT WELL NOR HAS A PERMIT BEEN ISSUED ALLOWING CONSTRUCTION OF THE SUBJECT INJECTION WELL.
THEREFORE, RESPONDENT IS IN VIOLATION OF PART C OF THE SDWA AND 40 CFR 144.11 FOR UNAUTHORIZED CONSTRUCTION OF AN INJECTION WELL AND UNAUTHORIZED UNDERGROUND INJECTION.