EPA v. MOOSE OIL CO

Case summary

THIS IS A CIVIL REFERRAL UNDER THE SDWA, 42 U.S.C. SECTION 300H REGARDING THE BRADENBROOK, MYRTLE, TULLAR AND POLLY PROPERTIES IN THE TOWN OF BOLIVAR, ALLEGANY COUNTY, NY. MOOSE OIL CO IS THE OWNER/OPERATOR OF 78 CLASS II INJECT- ION WELLS LOCATED AT THE FACILITY LISTED ABOVE. MOOSE OIL CO IS IN VIOLATION OF THE SAFE DRINKING WATER ACT, ITS IMPLEMENTING REGULATIONS, AND FINAL ADMINISTRATIVE ORDER, DOCKET NO. UIC-AO-87-5. SPECIFICALLY, MOOSE OIL CO HAS FAILED TO PROVIDE FINANCIAL RESPONSIBILITY ASSURANCE; SUBMIT AN APPROVABLE PLUGGING AND ABANDONMENT PLAN; CASE AND CEMEMT EACH INJECTION; SUBMIT ANNUAL REPORTS SUMMARIZING RESULTS OF REQUIRED MONITORING. THE PROPOSED RELIEF SOUGHT IS A JUDICIAL ORDER DIRECTING MOOSE OIL CO TO COMPLY WITH THE TERMS OF FINAL ADMIN- ISTRATIVE ORDER AND THE IMPOSITION OF A CIVIL PENALTY. EPA ISSUED A FINAL ADMINISTRATIVE ORDER ON 9/27/88. MOOSE OIL CO FILED AN APPEAL OF THE ORDER WITH THE U.S. DISTRICT COURT ON 10/25/88. ON 8/3/90, THE COURT DISMISSED THE APPEAL AND UPHELD THE FINAL ADMINISTRATIVE ORDER. THE FACILITY WAS INSPECTED BY AN EPA INSPECTOR ON JUNE 24 AND 25, 1991. BRADENBROOK, MYRTLE, TULLAR AND POLLY PROPERTIES, LOTS 19 AND 27 TOWN OF BOLIVAR, ALLEGANY COUNTY, NY OWNERSHIP: PRIVATE * 12/19/91 - REFERRED TO DOJ 11/25/92 - REFERRED TO U.S. ATTY 12/10/92 - COMPLAINT FILED 05/26/94 - DEFAULT JUDGMENT ENTERED - CD#02-1994-C031. * 02/07/00 - LETTER TO FILE REQUESTING FMB TO WRITE OFF $'S OWED EPA ACCOUT RECEIVABLE #94580 05/30/00 - LAN FROM FMB THAT $'S WERE WRITTEN OFF CASE AND DEFAULT ORDER CLOSED (LAN DATED 7/23/01 TO FILE VERIFYING THE DATE OF MAY 30, 2000.

Defendants (2)

• KENNEMUTH, RICHARD L.Named in settlement
• MOOSE OIL CONamed in complaintNamed in settlement

Facilities (1)

• BRADENBROOK MYRTLE TULLAR & POLLYLEASES

  LOTS 19 & 27, BOLIVAR, NY, 14715

  Registry ID: 110010601740

Statutes cited

• SDWA 1421 — UIC Regulations

Enforcement conclusions (1)

• RICHARD L. KENNEMUTHentered 1994-05-26

  Primary law: SDWA

  Federal penalty: $138,095

Timeline (8 milestones)

• 1991-06-24Enforcement Action Data Entered
• 1991-12-19Referred To Dept Of Justice
• 1992-11-25Referred TO U.S. Attorney
• 1992-12-10Complaint Filed With Court
• 1994-05-26Final Order Lodged
• 1994-05-26Final Order Entered
• 1994-05-26Concluded
• 2000-05-30Enforcement Action Closed