9/8/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,000, DUE WITHIN 60 DAYS.
ALLEGATIONS:
RESPONDENT IS THE OWNER AND/OR OPERATOR OF THE CLASS II UIC WELL THAT IS SUBJECT TO THIS ORDER.
ON MARCH 7, 1990, EPA ISSUED TO GEORGE H. MILLER A UIC PERMIT.
ON JAN 1, 2013, RESPONDENT ASSUMED OWNERSHIP AND OPERATIONAL CONTROL OF THE SUBJECT WELL AND BEGAN ACTIVELY INJECTING PRODUCED FLUIDS.
THE PERMIT AND THE REGS FOUND AT 40 CFR 144.51(k)(3), STATE THAT THIS PERMIT IS NOT TRANSERABLE TO ANY PERSON W/OUT NOTICE TO THE DIRECTOR. 40 CFR 144.38(b), ALLOWS THAT ANY UIC PERMIT FOR A WELL NOT INJECTING HAZ WASTE OR INJECTING CARBON DIOXIDE FOR GEOLOGIC SEQUESTRATION MAY BE AUTOMATICALLY TRANSFERRED. 40 CFR 144.38(b)(2) REQUIRES THE NEW PERMITTEE TO DEMONSTRATE THE FINANCIAL RESPONSIBILITY AND RESOURCES TO CLOSE, PLUG AND ABANDON THE SUBJECT WELL IN AN EPA-APPROVED MANNER.
RESPONDENT, AS THE NEW PERMITTEE, HAS NOT DEMONSTRATED FINANCIAL RESPONSIBLITY AND RESOURCES TO CLOSE, PLUG AND ABANDON THE SUBJECT WELL IN AN EPA-APPROVED MANNER.
THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA AND 40 CFR 144.38(b)(2) FOR FAILING TO DEMONSTRATE FINANCIAL RESPONSBILITY AND RESOURCES TO CLOSE, PLUG AND ABANDON THE SUBJECT WELL.
PERMIT REQUIRES THAT A DEMONSTRATION OF MECHANICAL INTEGRITY IN ACCORDANCE WITH 40 CFR 146.8 BE MADE NO LATER THAN 5 YEARS FROM THE LAST APPROVED DEMONSTRATION. A MIT TEST IS OVERDUE. WAS DONE ON 6/26/07 AND HAS NOT YET BEEN DONE.
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