EPA v. MARVIN YOUNG ENTERPRISES, INC.

Case summary

8/3/04 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,600. PENALTY TO BE PAID IN 4 INSTALLMENTS OVER AN 18-MONTH PERIOD. VIOLATION 1: ON NOVEMBER 3, 2003, EPA CONDUCTED A REVIEW OF THE COMPLIANCE RECORDS AND FOUND THERE WERE NO RECORDS CONFIRMING THAT RESPONDENT HAD EVER CONDUCTED OR SUBMITTED THE RESULTS OF FLUID ANALYSIS TESTS FOR PETE MORGAN LEASE WELL NUMBERS 4, 6, AND 9. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR 144.28(g)(2)(i) FOR FAILURE TO MONITOR AND REPORT ON THE REQUIRED FLUID ANALYSES FOR PETE MORGAN LEASE NOS 4, 6, AND 9. VIOLATION 2: ON NOVEMBER 3, 2003, EPA CONDUCTED A COMPLIACE REVIEW OF THE FILES AND DETERMINED THAT RESPONDENT HAD LAST DEMONSTRATED MECHANICAL INTEGRITY ON THE PETE MORGAN LEASE, WELL NUMBERS 4, 6, AND 9 DURING MARCH 1993. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR 144.28(g)(2)(iv)(A) FOR FAILURE TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE PETE MORGAN LEASE, WELL NUMBERS 4, 6, AND 9, AT LEAST ONCE EVERY 5 YEARS. VIOLATION 3: SUBSEQUENT TO THE SHOW CAUSE MEETING, EPA DISCOVERED THAT RESPONDENT HAD NOT DEMONSTRATED FINANCIAL RESPONSIBLITY TO CLOSE, PLUG, AND ABANDON THE WELLS (NUMBERS 4, 6, AND 9) IN ACCORDANCE WITH AN EPA-APPROVED PLAN. RESPONDENT IS IN VIOLATION OF 40 CFR 144.28(d) FOR FAILURE TO DEMONSTRATE ADEQUATE FINANCIAL RESPONSIBLITY TO CLOSE, PLUG AND ABANDON THESE INJECTION WELLS IN ACCORDANCE WITH AN EPA-APPROVED PLAN. ORDER REQUIRES: A. RESPONDENT SHALL DEMONSTRATE THE MECHANICAL INTEGRITY OF, OR PLUG AND ABANDON, EACH OF THE SUBJECT INJECTION WELLS WITHIN 6 MONTHS. B. SUBMIT A DEMONSTRATION OF FINANCIAL RESPONSIBLITY IN AN AMOUNT ADEQUATE TO CLOSE, PLUG, AND ABANDON THE SUBJECT WELLS IN ACCORDANCE WITH AN EPA-APPROVED PLAN WITHIN 30 DAY

Defendants (2)

• YOUNG, JOHNNYNamed in complaintNamed in settlement
• MARVIN YOUNG ENTERPRISES, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• MARVIN YOUNG ENTERPRISES (PETE MORGAN LEASE, UIC WELL FIELD)

  N/A, CROFTON, KY, 42461

  Registry ID: 110018910927

Statutes cited

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

Enforcement conclusions (1)

• MARVIN YOUNG ENTERPRISES, INC.entered 2004-08-03

  Primary law: SDWA

  Federal penalty: $2,600

Timeline (4 milestones)

• 2004-08-03Complaint Filed/Proposed Order
• 2004-08-03Final Order Issued
• 2004-09-30Enforcement Action Data Entered
• 2005-10-04Enforcement Action Closed