EPA v. GALLAGHER DRILLING, INC. (LAFOON #3 & BOWLES #2 UIC WELLS)

Case summary

6/24/04 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $3,200. VIOLATIONS: 1. EPA REQUIRES THAT AFTER A CESSATION OF INJECTION FOR TWO YEARS, THE PERMITTEE SHALL PLUG AND ABANDON THE WELL IN ACCORDANCE WITH AN EPA APPROVED PLUG AND ABANDON PLAN, OR DEMONSTRATE THE MECHANICAL INTEGRITY AT LEAST ONCE EVERY TWO YEARS AS LONG AS THE WELL REMAINS INACTIVE. THE RECORDS FILE FOR THE LAFOON #3 WELL SHOWS THAT INJECTION HAS CEASED FOR A MINIMUM OF 2 YEARS AND THAT THE LAST DEMONSTRATION OF MECHANICAL INTEGRITY WAS CONDUCTED ON DECEMBER 2, 1997. THE RECORDS FILE FOR THE BOWLES #2 WELL SHOWS THAT INJECTION HAS CEASED FORA MINIMUM OF 2 YEARS AND THAT THE LAST DEMONSTRATION OF MECHANICAL INTEGRITY FOR THE INJECTION WELL WAS CONDUCTED ON NOVEMBER 2, 1999. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA AND 40 CFR 144.51(a) FOR FAILURE TO COMPLY WITH PART II, SECTION F, PARAGRAPH OF RESPONDENT'S PERMIT. 2. THE PERMIT REQUIRES ANNUAL SUBMITTAL OF MONTHLY INJECTION MONITORING REPORTS. THERE ARE NO ANNUAL MONITORING REPORTS IN TEH RECORDS FILE FOR THE LAFOON #3 INJECTION WELL FOR THE YEARS 1999 AND 2000. THERE ARE NO ANNUAL MONITORING REPORTS IN THE RECORDS FILE FOR THE BOWLES #2 INJECTION WELL FOR THE YEARS 1999 AND 2000. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA AND 40 CFR 144.51(a) FOR FAILURE TO COMPLY WITH PART II, SECTION F, PARAGRAPH 3 OF THE RESPONDENT'S PERMIT. ORDER REQUIRES: RESPONDENT SHALL IMMEDIATELY CEASE THE INJECTION OF FLUIDS INTO THE WELLS. UNDER NO CIRCUMSTANCES IS INJECTION TO RESUME INTO EITHER OF THE SUBJECT WELLS UNTIL RESPONDENT HAS DEMONSTRATED THE MECHANICAL INTEGRITY OF BOTH WELLS. WITHIN 15 DAYS, RESPONDENT SHALL CONTACT EPA TO ARRANGE FOR THE SCHEDULING OF A MECHANICAL INTEGRITY TEST ON THE WELLS. WITHIN 90 DAYS, RESPONDENT SHALL HAVE EITHER DEMONSTRATED THE MECHANICAL INTEGRITY OF THE WELLS OR PLUGGED AND ABANDONED THE WELLS ACCORDING TO AN EPA APPROVED P&A PLAN. IF ANY OF THE SUBJECT WELLS FAIL THE MIT, RESPONDENT SHALL EITHER P&A THE WELL OR TAKE CORRECTIVE ACTION AND RETEST THE WELL. IN ANY EVENT, THE WELLS SHALL EITHER PASS THE MIT OR BE PLUGGED AND ABANDONED ACCORDING TO AN EPA APPROVED P&A PLAN WITHIN 90 DAYS. WITHIN 90 DAYS, 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, RESPONDENT SHALL PROVIDE TO EPA A MONITORING REPORT FOR EACH OF THE WELLS COVERING THE 12-MONTH PERIOD OF JANUARY 1 - DECEMBER 31, 2003. THEREAFTER, UNLESS THE WELLS ARE PLUGGED AND ABANDONED, MONITORING REPORTS SHALL BE SUBMITTED ANNUALLY TO EPA NO LATER THAN JANUARY 31.

Defendants (1)

• GALLAGHER DRILLING CO. (SB)Named in complaintNamed in settlement

Facilities (1)

• GALLAGHER DRILLING, INC. - UIC WELL FIELD

  SUGAR CREEK, HOPKINSVILLE, KY, 42240

  Registry ID: 110018910936

Statutes cited

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

Enforcement conclusions (1)

• GALLAGHER DRILLING, INC. (LAFOON #3 & BOWLES #2 UIC WELLS)entered 2004-06-24

  Primary law: SDWA

  Federal penalty: $3,200

Timeline (4 milestones)

• 2004-06-24Complaint Filed/Proposed Order
• 2004-06-24Final Order Issued
• 2004-07-13Enforcement Action Data Entered
• 2004-07-14Enforcement Action Closed