6/11/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,823, DUE WITHIN 60 DAYS.
ALLEGATIONS:
RESPONDENT IS THE OWNER AND/OR OPERATOR OF THE SUBJECT WELL. ON OCT 17, 2012, THE KY DEPT FOR ENVIRONMENTAL PROTECTION (KDEP) CONDUCTED AN INSPECTION OF THE SUBJECT WELL AND THE INSPECTORS OBSERVED THE RESPONDENT INJECTING PRODUCED FLUIDS THROUGH A PVC LINE FROM A BRINE TANK, DIVISION OF WATER NO. 0030057 , INTO THE CASING OF AN ABANDONED OIL WELL.
ON OCT 23, 2012, FOLLOWING THAT INITIAL INSPECTION, A JOINT INSPECTION WAS CONDUCTED BY THE KDEP AND THE EPA-AUTHORIZED UIC FIELD INSPECTOR. THE INSPECTORS OBSERVED PRODUCED FLUIDS CONTINUING TO BE INJECTED INTO THE SUBJECT WELL.
A REVIEW OF EPA'S AND KDEP'S RECORDS REVEALED THAT NO PERMIT HAD BEEN ISSUED FOR CONSTRUCTION OF THE SUBJECT WELL NOR HAD AUTHORIZATION BEEN GIVEN FOR INJECTION OF FLUIDS INTO THE SUBJECT WELL.
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. ANY VIOLATION OF A UIC REGULATOIN ALSO CONSTITUES A VIOLATION OF THE SDWA, AS PROVIDED IN PART C OF THE SDWA.
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.
WITHIN 30 DAYS, RESPONDENT IS ORDERED TO SUBMIT AN ADMINISTRATIVELY COMPLETE PERMIT APPLICATION OR PROPERLY CLOSE, PLUG AND ABANDON THE SUBJECT WELL ACCORDING