EPA v. GALLAGHER DRILLING, INC. (LILLIE FOLEY #6 UIC WELL)

Case summary

6/24/04 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $1,600. VIOLATION 1: 40 CFR 144.28(c)(2)(iv) REQUIRES THAT A DEMONSTRATION OF MECHANICAL INTEGRITY BE CONDUCTED AT LEAST ONCE EVERY 2YEARS FOR A TEMPORARILY ABANDONED INJECTION WELL, OR THAT THE WELL BE PLUGGED AND ABANDONED IN ACCORDANCE WITH AN EPA-APPROVED PLUGGING AND ABANDONMENT PLAN. THE RECORDS FILE FOR THE LILLIE FOLEY #6 INJECTION WELL SHOWS THAT INJECTION INTO THE WELL HAS CEASED FORA MINIMUM OF TWO YEARS. THE RECORDS FILL SHOWS THAT THE LAST DEMONSTRATION OF MECHANICAL INTEGRITY FOR THE INJECTION WELL WAS CONDUCTED ON MARCH 26, 1999. THEREFORE, RESPONDENT IS 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 LITTLE FOLEY #6 INJECTION WELL. VIOLATION 2: 40 CFR 144.28(g)(2)(ii)(B) REQUIRES AN OWNER OR OPERATOR OF A RULE AUTHORIZED ENHANCED RECOVERY WELL TO MONITOR MONTHLY FOR INJECTION PRESSURE, FLOW RATE, AND CUMULATIVE VOLUME. 40 CFR 144.28(h)(2)(i) REQUIRES THAT THE OWNER OR OPERATOR SUBMIT AN ANNUAL REPORT SUMMARIZING THE RESULTS OF THE ABOVE MONITORING TO EPA. SUBMITTAL OF ANNUAL MONITORING REPORTS IS REQUIRED EVEN IF NO INJECTION OCCURRED. THERE ARE NO ANNUAL MONITORING REPORTS IN THE RECORDS FILE FOR THE LITTLE FOLEY #6 INJECTION WELL FOR THE YEARS 1999 AND 2000. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA AND 40 CFR 144.28(h)(2)(i) FOR FAILURE TO SUBMIT ANNUAL MONITORING REPORTS FOR THE WELL FOR THE YEARS 1999 AND 200

Defendants (1)

• GALLAGHER DRILLING, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• LILLIE FOLEY #6 UIC WELL (GALLAGHER DRILLING, INC.)

  SUGAR CREEK, 24-J-24, 500' FNL X 230' FEL, HOPKINSVILLE, KY, 42240

  Registry ID: 110018922264

Statutes cited

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

Enforcement conclusions (1)

• GALLAGHER DRILLING, INC. (LILLIE FOLEY #6 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
• 2004-07-14Enforcement Action Closed