EPA v. GALLAGHER DRILLING, INC. (DEWEY THOMASON #1 UIC WELL)

Case summary

6/24/04 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,600, DUE WITHIN 30 DAYS. VIOLATION 1: EPA REQUIRES THAT AFTER A CESSATION OF INJECTION FOR TWO YEARS, THE PERMITTEE SHALL PLUG AND ABANDON (P&A) THE WELL IN ACCORDANCE WITH AN EPA APPROVED P&A, OR DEMONSTRATE THE MECHANICAL INTEGRITY AT LEAST ONCE EVERY TWO YEARS AS LONG AS THE WELL REMAINS INACTIVE. THE RECORDS FILE FOR THE DEWEY THOMPSON #1 INJECTION WELL SHOWS THAT INJECTION INTO THE WELL HAS CEASED FOR A MINIMUM OF TWO YEARS AND THAT THE LAST DEMONSTRATION OF MECHANICAL INTEGRITY FOR THE INJECTION WELL WAS CONDUCTED ON JANUARY 12, 2000. VIOLATION 2: THERE ARE NO ANNUAL MONITORING REPORTS IN THE RECORDS FILE FOR THE DEWEY THOMASON #1 INJECTION WELL FOR THE YEARS 1999 AND 2000. PART I, SECTION D, PARAGRAPH 2 OF THE PERMIT REQUIRES ANNUAL SUBMITTAL OF MONTHLY INJECTION MONITORING REPORTS. ORDER REQUIRES: RESPONDENT SHALL IMMEDIATELY CEASE THE INJECTION OF FLUIDS INTO THE DEWEY THOMASON #1 INJECTION WELL. UNDER NO CIRCUMSTANCES IS INJECTION TO RESUME INTO THE SUBJECT WELL UNTIL RESPONDENT HAS DEMONSTRATED THE MECHANICAL INTEGRITY OF THE WELL. IF RESPONDENT DESIRES TO PERMANENTLY CEASE THE INJECTION OF FLUIDS INTO THE DEWEY THOMASON #1 INJECTION WELL FOR THE PURPOSE OF USING THE WELL FOR A FUTURE GAS STORAGE PROJECT, RESPONDENT SHALL: A. CONTACT EPA WITH 15 DAYS OF THE EFFECTIVE DATE OF THIS CAFO TO ARRANGE FOR THE TERMINATION OF PERMIT NUMBER KY10455; B. WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS CAFO, PROVIDE EPA WITH A COPY A A TEMPORARY ABANDONMENT PERMIT ISSUED BY THE STATE OF KENTUCKY, AND C. REMOVE ALL INJECTION EQUIPMENT FROM THE WELL AND SET A CAST IRON PLUG AT A DEPTH IN ACCORDANCE WITH THE TEMPORARY ABANDONMENT PERMIT. IF RESPONDENT DESIRE TO RETAIN PERMIT NUMBER KY10455, RESPONDENT SHALL: A. WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS CAFO, TAKE CORRECTIVE ACTION AND RETEST THE WELL TO DEMONSTRATE MECHANICAL INTEGRITY, B. PROVIDE TO EPA AN AFFIDAVIT, PREPARED BY EPA'S CONTRACTOR, STATING THAT AN MIT WAS PERFORMED ON THE DEWEY THOMASON #1 INJECTION WELL, AND C. WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS CAFO, PROVIDE EPA A MONITORING REPORT FOR THE SUBJECT WELL COVERING THE 12-MONTH PERIOD OF JANUARY 1 - DECEMBER 31, 2003. THEREAFTER, UNLESS THE WELL IS PLUGGED AND ABANDONED, MONITORING REPORTS SHALL BE SUBMITTED ANNUALLY TO EPA NO LATER THAN JANUARY 31.

Defendants (1)

• GALLAGHER DRILLING, INC.Named in complaintNamed in settlement

Facilities (1)

• DEWEY THOMASON #1 UIC WELL (GALLAGHER DRILLING, INC.)

  SUGAR CREEK, 24-J-24, 225' X 1150' FWL, HOPKINSVILLE, KY, 42240

  Registry ID: 110018922139

Statutes cited

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

Enforcement conclusions (1)

• GALLAGHER DRILLING, INC. (DEWEY THOMASON #1 UIC WELL)entered 2004-06-24

  Primary law: SDWA

  Federal penalty: $1,600

Timeline (4 milestones)

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