11/30/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,000, PLUS INTEREST, DUE AS SET FORTH BELOW:
A. RESPONDENT SHALL PAY THE PENALTY IN 6 INSTALLMENTS. THE FIRST 5 INSTALLMENTS SHALL BE IN THE AMOUNT OF $1,666.67 EACH. THE FINAL INSTALLMENT SHALL BE IN THE AMOUNT OF $1,728.30.
B. RESPONDENT SHALL PAY THE FIRST INSTALLMENT WITHIN 30 DAYS. THE SECOND INSTALLMENT PAYMENT WILL BE DUE 090 DAYS FOLLOWING THE DATE THE FIRST PAYMENT IS MADE AND THEREAFTER THE REMAINING PAYMENTS SHALL BE SUBMIYTTED EVEYR 90 DAYS UNTIL PAID IN FULL.
ALLEGATIONS:
THE UIC PERMIT REQUIRES A DEMONSTRATION OF MECHANICAL INTEGRITY OF THE WELL AT LEAST ONCE EVERY 5 YEARS AS LONG AS THE WELL REMAINS ACTIVE AND TO NOTIFY THE EPA AT LEAST 30 DAYS PRIOR TO SUCH DEMONSTRATION. WITHIN 30 DAYS AFTER THE DATE OF THE MECHANICAL INTEGRITY DEMONSTRATION, THE PERMITTEE IS REQUIRED TO PROVIDE THE EPA WITH THE RESULTS.
EPA'S RECORDS INDICATE THAT THE LAST MECHANICAL INTEGRITY TEST (MIT) RESULTS FOR THE MALONE SWEENY W-12 INJECTION WELL WAS SUBMITTED ON JAN 29, 2003. THE NEXT MIT RESULT WAS DUE TO BE SUBMITTED NO LATER THAN JAN 29, 2008.
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 MALONE SWEENY W-12 INJECTION WELL.
EPA'S RECORDS INDICATE THAT A MECHANICAL INTEGRITY TEST (MIT) RESULT FOR THE LAKE MALONE #10 INJECTIN WELL WAS SUBMITTED ON JAN 29, 2003. THE MEXT