8/30/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSSESSING A PENALTY OF $4,490. RESPONDENT SHALL MAKE PAYMETNT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON JANUARY 6, 2015, DURING A ROUTINE INSPECTION THE EPA-AUTHORIZED UIC FIELD INSPECTOR FOUND THE SUBJECTS WELLS WERE CONNECTED VIA AN INJECTION LINE TO A TANK FARM THAT WAS MARKED DIVISION OF WATER TANK NO. 1290090.
ON SEPTEMBER 9, 2015, DURING A FOLLOW-UP INSPECTION OF THE SUBJECT WELLS AT THE TANK FARM, THE EPA-AUTHORIZED UIC FIELD INSPECTOR DISCOVERED FLUIDS FROM THE TANK FARM BEING ACTIVELY INJECTED INTO THE SUBJECT WELLS.
THE EPA'S RECORDS REVEALED THAT THE RESPONDENT FAILED TO SUBMIT AN APPLICATION FOR A UIC PERMIT FOR THE SUBJECT WELLS, THAT NO PERMIT WAS ISSUED FOR CONSTRUCTION OF THE SUBJECT WELLS, NOR ANY AUTHORIZATION GIVEN BY THE EPA FOR THE INSPECTION OF FLUIDS INTO THE SUBJECT WELLS.
THE EPA'S RECORDS ALSO INDICATED THAT THE RESPONDENT FAILED TO SUBMIT INVENTORY INFORMATION FOR THE SUBJECT WELLS AS REQUIRED BY 40 CFR SECTION 144.26 FOR RULE AUTHORIZATION, THEREFORE THE SUBJECT WELLS ARE NOT RULE AUTHORIZED.
THEREFORE, RESPONDENT IS IN VIOLATION OF PART C OF THE SDWA AND 40 CFR SECTION 144.11 FOR UNAUTHORIZED CONSTRUCTION OF AN UNDERGROUND INJECTION WELL AND UNAUTHORIZED UNDERGROUND INJECTION.
ON MAY 13, 2016, RESPONDENT PARTICIPATED IN A SHOW CAUSE HEARING WITH REPRESENTATIVES OF THE EPA TO DISCUES THESE ALLEGED VIOLATIONS OF THE SDWA AND THE IMPLEMENTING REGULATIONS.