EPA v. CROWE, LEONARD P. (DUNN W-5, W-7, AND W-9 UIC WELLS)

Case summary

6/24/04 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $100. VIOLATION 1: RESPONDETN HAS NOT DEMONSTRATED THE MECHANICAL INTEGRITY OF THE DUNN W-5 WELL SINCE NOVEMBER 22, 1995; IN VIOLATION OF THE SDWA AND 40 CFR 144.28(g)(2)(iv)(A) FOR FAILURE TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE DUNN W-5 INJECTION WELL AT LEAST ONCE EVERY 5 YEARS DURING THE LIFE OF THE SUBJECT WELL. VIOLATION 2: RESPONDENT HAS NOT DEMONSTRATED THE MECHANICAL INTEGRITY OF TEH DUNN W-7 OR THE DUNN W-9 INJECTION WELLS SINCE NOVEMBER 22, 1995, NOR PLUGGED AND ABANDONED THE SUBJECT WELLS; IN VIOLATION OF THE SDWA AND 40 CFR 144.28(c)(2)(iv) FOR FAILURE TO DEMONSTRATE THE MECHANICAL INTEGRITY OF, OR TO PLUG AND ABANDON THE DUNN W-7 AND THE DUNN W-9 INJECTION WELLS. VIOLATION 3: THE LAST ANNUAL MONITORING REPORTS IN THE EPA RECORDS FILE FOR THE DUNN W-5, THE DUNN W-7 AND THE DUNN W-9 INJECTION WELLS ARE FOR THE FISCAL YEAR ENDING SEPTEMBER 1992; IN VIOLATION OF THE SDWA AND 40 CFR 144.28(h)(2)(i) FOR FAILURE TO SUBMIT ANNUAL MONITORING REPORTS FOR THE DUNN W-5, THE DUNN W-7, AND THE DUNN W-9 INJECTION WELLS. ORDER REQUIRES: RESPONDENT SHALL IMMEDIATELY CEASE THE INJECTION OF FLUIDS INTO THE INJECTION WELLS. UNDER NO CIRCUMSTANCES IS INJECTION TO RESUME INTO ANY OF THE SUBJECT WELLS UNTIL RESPONDENT HAS DEMONSTRATED THE MECHANICAL INTEGRITY OF ALL THREE WELLS. 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 WELLS. WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS CAFO, RESPONDENT SHALL HAVE DEMONSTRATED THE MECHANICAL INTEGRITY OF THE WELLS. IF ANY OF THE WELLS FAIL THE MIT, RESPONDENT SHALL EITHER PLUG AND ABANDON THE WELL OR TAKE CORRECTIVE ACTION AND RETEST THE WELL. IN ANYT EVENT, THE WELLS SHALL EITHER PASS THE MIT OR BE PLUGGED AND ABANDONED ACCORDING TO AN EPA-APPROVED P&A PLAN WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS CAFO. WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS CAFO, RESPONDENT SHALL PROVIDE TO EPA AN AFFIDAVIT, PREPARED BY EPA'S CONTRACTOR, STATING THAT AN MIT WAS PERFORMED ON THE WELLS, OR THAT THE WELLS HAVE BEEN PLUGGED AND ABANDONED ACCORDING TO AN EPA APPROVED P&A PLAN. WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO, RESPONDENT SHALL PROVIDE TO EPA A MONITORING REPORT FOR EACH OF THE SUBJECT WELLS COVERING THE 12-MONTH PERIOD OF JANUARY 1 - DECEMBER 31, 2002. THEREAFTER, UNLESS THE WELLS ARE PLUGGED AND ABANDONED, MONITORING REPORTS SHALL BE SUBMITTED ANNUALLY TO EPA NO LATER THAN JANUARY 31. WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS CAFO, RESPONDENT SHALL DEMONSTRATE FR IN THE AMOUNTS SET FORTH IN THE CAFO FOR ANY OF THE WELLS THAT ARE NOT PLUGGED AND ABANDONE

Defendants (1)

• CROWE, LEONARD P.Named in complaintNamed in settlement

Facilities (1)

• DUNN UIC WELL FIELD (LEONARD P. CROWE)

  FORDSVILLE POOL, FORDSVILLE, KY, 42343

  Registry ID: 110018910918

Statutes cited

• SDWA 1422/1423 — UIC Regulations Classes I - V
• SDWA 1421 — UIC Regulations

Enforcement conclusions (1)

• CROWE, LEONARD P. (DUNN W-5, W-7 & W-9 UIC WELLS)entered 2004-06-24

  Primary law: SDWA

  Federal penalty: $100

Timeline (4 milestones)

• 2004-06-24Complaint Filed/Proposed Order
• 2004-06-24Final Order Issued
• 2004-07-12Enforcement Action Data Entered
• 2004-07-14Enforcement Action Closed