3/8/12 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,000, PLUS INTEREST, DUE ACCORDING TO THE FOLLOWING SCHEDULE:
RESPONDENT SHALL PAY THE FIRST INSTALLMENT WITHIN 30 DAYS. THEREAFTER, THE REMAINING PAYMENTS SHALL BE SUBMITTED EVERY 90 DAYS UNTIL PAID IN FULL.
ALLEGATIONS:
THE ONSTOTT-WINK W-1 INJECTION WELL HAS BEEN SHUT-IN AND INACTIVE SINCE 2004. THE EPA UIC PERMIT REUQIEST THAT AFTER A CESSATION OF INJECTION FOR 2 YEARS, THE PERMITTEE SHALL PLUG AND ABANDON (P&A) THE WELL IN ACCORDANCE WITH AN EPA-APPROVED PLAN, OR PROVIDE A DEMONSTRATION OF MECHANICAL INTEGRITY OF THE WELL AT LEAST ONCE EVERY TWO YEARS AS LONG AS THE WELL REMAINS INACTIVE.
EPA'S RECORDS INDICATE THAT THE LAST MECHANICAL INTEGRITY TEST (MIT) FOR THE ONSTOTT-WINK W-1 INJECTION WELL WAS CONDUCTED ON APR 5, 2000. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA, ITS UIC PERMIT AND 40 CFR 144.51(a) FOR FAILURE TO COMPLY WITH MECHANICAL INTEGRITY DEMONSTRATION REQUIREMENTS FOR THE ONSTOTT-WINK W-1 INJECTION WELL.
THE EPA UIC PERMIT REQUIRES THE PERMITTEE TO MONITOR WEEKLY THE OPERATION OF THE INJECTION WELL. THE PERMIT REQUIRES THE PERMITTEE TO SUBMIT THE MONITORING RESULTS ANNUALLY.
EPA RECORDS FOR THE ONSTOTT-WINK W-1 INJECTION WELL INDICATE THAT NO ANNUAL MONITORING REPORTS HAVE EVER BEEN SUBMITTED. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA, ITS UIC PERMIT AND 40 CFR 144.51(a) FOR FAILURE TO SUBMIT ANNUAL MONITORING REPORTS FOR THE ONSTOTT-WINK W-1 INJEC