EPA v. BENSON

Case summary

THIS IS A CIVIL ACTION UNDER THE UNDERGROUND INJECTION CONTROL ( UIC ) PROGRAM, SECTION 1423(B) OF THE SDWA, 42 USC 300H-2(B), FOR FAILURE OF DEFENDANT TO COMPLY WITH PART C OF THE SDWA, 40 CFR PART 144. ROBERT D. BENSON, SR., DEFENDANT, AN INDIVIDUAL DOING BUS- INESS AS BENSON OIL COMPANY, OWNS AND OPERATES 23 OIL PRO- DUCTION WELLS AND 29 ENHANCED RECOVERY UNDERGROUND INJEC- TION WELLS IN AN AREA OF APP. 415 ACRES DESIGNATED AS THE BENSON-ZINK LEASE . THESE WELLS ARE LOCATED IN ALLEGANY TOWNSHIP, CATTARAUGUS COUNTY, NY. THE VIOLATIONS UPON WHICH THE ACTION IS BASED: A. 40 CFR 144.26: FAILURE TO SUBMIT INVENTORY INFORMATION; B. 40 CFR 144.28(D): FAILURE TO DOCUMENT FINANCIAL RESPON- SIBILITY TO PLUG AND ABANDON WELLS; C. 40 CFR 144.28(C): FAILURE TO SUBMIT PLUGGING AND ABAN- DONMENT PLANS; D. 40 CFR 144.28(H): FAILURE TO SUBMIT ANNUAL MONITORING REPORTS; E. 40 CFR 144.11: UNAUTHORIZED INJECTION. THE PROPOSED RELIEF TO BE SOUGHT: INJUNCTIVE RELIEF REQUIRING DEFENDANT TO CEASE OPERATION UN- TIL HE OBTAINS A PERMIT; ADDITIONAL RELIEF REQUIRING DEFEN- DANT TO SUBMIT AN APPROVABLE PERMIT APPLICATION, EVIDENCE OF FINANCIAL RESPONSIBILITY, A PLUGGING AND ABANDONMENT PLAN AND ANNUAL MONITORING REPORTS; CIVIL PENALTY SETTLEMENT FI- GURE OF $30,300. THIS CASE IS REGION II'S FIRST JUDICIAL ENFORCEMENT IN THE UIC PROGRAM AND IS PART OF THE NATIONAL UIC ENFORCEMENT INTITIATIVE. * FACILITY NAME: BENSON-ZINK LEASE (ON COMPLAINT) LOTS 2 & 4 SECTION 16 ALLEGANY TWP, NY 14703 OWNERSHIP: P SIC CODE: EPID NYD038640413

Defendants (1)

• BENSON, ROBERT D. SR.Named in complaintNamed in settlement

Facilities (1)

• BENSON OIL

  BIRCHRUN ROAD, ALLEGANY, NY, 14706

  Registry ID: 110010638649

Statutes cited

• SDWA 1423 — Safe Drinking Water Act

Enforcement conclusions (1)

• BENSON, ROBERT Dentered 1990-03-07

  Primary law: SDWA

  Federal penalty: $9,000

Timeline (8 milestones)

• 1986-06-06Referred To Headquarters
• 1986-07-16Referred To Dept Of Justice
• 1987-02-26Referred TO U.S. Attorney
• 1987-03-13Complaint Filed With Court
• 1990-03-07Final Order Lodged
• 1990-03-07Final Order Entered
• 1990-03-07Concluded
• 1990-12-18Enforcement Action Closed