EPA v. Miller, George H. (Harvey Estes #4) (Complaint/CAFO)

Case summary

11/22/02 - CONSENT AGREEMENT AND FINAL ORDER ISSUED. RESPONDENT OWNS AND/OR OPERATES THE FOLLOWING INJECTION WELL: KYS169005; HARVEY ESTES #4; PERMIT NUMBER KY10375. RESPONDENT FAILED TO PERFORM A MECHANICAL INTEGRITY TEST WELL SINCE DECEMBER 18, 1989, IN VIOLATION OF THE SDWA AND 40 CFR 144.51(a) FOR FAILURE TO COMPLY WITH PART II, SECTION G, PARAGRAPH 3 OF RESPONDENT'S PERMIT. THE LAST ANNUAL MONITORING REPORT SUBMITTED TO EPA FOR THE HARVEY ESTES #4 INJECTION WELL WAS ON APRIL 23, 1992, IN VIOLATION OF THE SDWA AND 40 CFR 144.51(a) FOR FAILURE TO COMPLY WITH PART I, SECTION D, PARAGRAPH 2 OF PERMIT. THE LAST INJECTION FLUID ANALYSIS REPORT FOR THE HARVEY ESTES #4 INJECTION WELL WAS SUBMITTED TO EPA ON APRIL 16, 1991, IN VIOLATION OF THE SDWA AND 40 CFR 144.51(a) FOR FAILURE TO COMPLY WITH PART I, SECTION D, PARAGRAPH 2 OF PERMIT. ON MARCH 28, 2001, EPA ISSUED A NOTICE OF VIOLATION AND NOTICE OF OPPORTUNITY TO SHOW CAUSE (NOV). ON MAY 24, 2002, EPA RECEIVED RESPONDENT'S ANNUAL MONITORING REPORTS FOR THE WELL FOR THE YEARS 1992 THROUGH 2001. RESPONDENT SHALL PAY A PENALTY OF $3,105 IN FOUR INSTALLMENTS. THE FIRST INSTALLMENT OF $777 SHALL BE PAID NO LATER THAN 45 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. THE REMAINING THREE INSTALLMENTS OF $776 SHALL BE PAID EVERY 90 DAYS THEREAFTER. ORDER ALSO REQUIRES: (1) WITHIN 15 DAYS OF THE EFFECTIVE DATE OF THIS CAFO, RESPONDENT SHALL CONTACT EPA TO ARRANGE FOR THE SCHEDULING OF A MECHANICAL INTEGRITY TEST ON THE WELL. (2) WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS CAFO, RESPONDENT SHALL HAVE DEMONSTRATED THE MECHANICAL INTEGRITY OF THE WELL. (3) IF THE WELL FAILS THE MECHANICAL INTEGRITY TEST, RESPONDENT SHALL EITHER PLUG AND ABANDON THE WELL OR TAKE CORRECTIVE ACTION AND RETEST THE WELL. IN ANY EVENT, THE WELL SHALL EITHER PASS THE MECHANICAL INTEGRITY TEST OR BE PLUGGED AND ABANDONED ACCORDING TO AN EPA APPROVED P & A PLAN WITHIN 90 DAYS OF THE EFFECTIVE DATE. (4) WITHIN 90 DAYS OF THE EFFECTIVE DATE, RESPONDENT SHALL PROVIDE TO EPA AN AFFIDAVIT, PREPARED BY EPA'S CONTRACTOR, STATING THAT AN MECHANICAL INTEGRITY TEST WAS PERFORMED OR THAT THE WELL HAS BEEN PLUGGED AND ABANDONED ACCORDING TO AN EPA APPROVED P&A PLAN. (5) WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO, RESPONDENT SHALL PROVIDE TO EPA AN AFFIDAVIT VERIFYING THAT RESPONDENT'S ANNUAL MONITORING REPORTS FOR THE WELL FOR THE YEARS 1992 THROUGH 2001 ARE FACTUAL, TRUE, AND ACCURATE. (6) WITHIN 90 DAYS OF THE EFFECTIVE DATE, RESPONDENT SHALL PROVIDE TO EPA AN INJECTION FLUID ANALYSIS REPORT FOR THE WELL FOR THE YEAR 200

Defendants (1)

• MILLER, GEORGE H.Named in complaintNamed in settlement

Facilities (1)

• MILLER, GEORGE H. (HARVEY ESTES #4 UIC WELL)

  MOSBY RIDGE OIL FIELD, COLUMBIA, KY, 42728

  Registry ID: 110014419405

Statutes cited

• SDWA 1421 — UIC Regulations

Enforcement conclusions (1)

• Miller, George H. (Harvey Estes #4)(Complaint/CAFOentered 2002-11-22

  Primary law: SDWA

  Federal penalty: $3,105

Timeline (4 milestones)

• 2002-11-22Complaint Filed/Proposed Order
• 2002-11-22Final Order Issued
• 2003-05-19Enforcement Action Data Entered
• 2003-10-17Enforcement Action Closed