1/26/12 - ADMINISTRATIVE ORDER ON CONSENT ISSUED.
FINDINGS:
ACCORDING TO THE RECORDS OF THE SECRETARY OF THE COMMONWEALTH OF KY, JETT BLACK, INC., THE PREVIOUS OWNER AND/OR OPERATOR OF THE SUBJECT WELLS, IS NO LONGER AN ACTIVE CORPORATION.
RESPONDENT SUBMITTED AN APPLICATION TO TRANSFER PERMIT AND THE LEASE ASSIGNMENT DOCUMENT TO THE EPA ON JULY 12, 2010. IN THE APPLICATION, RESPONDENT REQUESTED THAT THE PERMIT BE TRANSFERRED FROM JETT BLACK, INC., TO ANDERSON OIL & GAS, INC.; NO OTHER MODIFICATIONS TO THE PERMIT WERE REQUESTED BY THE NEW PERMITTEE.
THE SDWA AND 40 CFR 144.51(a) REQUIRE THE PERMITTEE TO COMPLY WITH ALL CONDITIONS OF THE PERMIT. NONCOMPLIANCE CONSTITUTES A VIOLATION OF THE SDWA AND IS GROUNDS FOR AN ENFORCEMENT ACTION.
THE UIC PERMITS STATE THESE PERMITS ARE NOT TRANSFERABLE TO ANY PERSON EXCEPT AFTER NOTICE TO AND APPROVAL BY THE DIRECTOR, IN COMPLIANCE WITH THE REQUIREMENTS OF 40 CFR 144.38. 40 CFR 144.38(b) ALLOWS FOR AN AUTOMATIC TRANSFER TO REFLECT THE CHANGE IN OWNERSHIP OR OPERATIONAL CONTROL THRU A MINOR MODIFICATION PURSUANT TO 40 CFR 144.41(d), PROVIDED THE CURRENT PERMITTEE NOTIFIES EPA 30 DAYS IN ADVANCE OF THE PROPOSED TRANSFER. SUCH NOTICE SHALL INCLUDE THE WRITTEN AGREEMENT BETWEEN THE NEW AND EXISTING PERMITTEES AND SHALL DEMONSTRATE THAT THE FINANCIAL RESPONSIBILITY REQUIREMENTS OF 40 CFR 144.52(a)(7) WILL BE MET BY THE NEW PERMITTEE.
EPA DID NOT RECEIVE PROPER NOTICE OF HTE PROPOSED TRANSFER 30 DAYS IN ADVANCE OF THE TIME