EPA v. TOM AND JERRY GRAHAM dba TOM AND JERRY OIL COMPANY

Case summary

7/11/05 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF$2,026. ON JULY 13, 2004, EPA CONDUCTED A COMPLIANCE REVIEW OF THE FILES ON THE SUBJECT WELL AND DETERMINED THAT RESPONDENTS LAST DEMONSTRATED THE MECHANICAL INTEGRITY OF THE SUBJECT WELL IN JUNE 1991. THEREFORE, RESPONDENTS VIOLATED 40 CFR 144.28(g)(2)(iv)(A) FOR FAILURE TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THEIR WELL AT LEAST ONCE EVERY 5 YEARS. ON NOEVEMBER 4, 2004, EPA NOTIFIED RESOPNDENTS BY CERTIFIED MAIL OF THEIR VIOLATION OF THE SDWA AND ITS IMPLEMENTING REGULATIONS. ON DECEMBER 7, 2004, EPA CONDUCTED A SHOW CAUSE MEETING WITH RESPONDENTS TO DISCUSS THE VIOLATION. DURING THE SHOW CAUSE MEETING, IT WAS FOUND THAT RESPONDENTS HAD TESTED THE WELL FOR MECHANICAL INTEGRITY DURING THE SPRING OF 2004 AND THE WELL HAD FAILED THE TEST. IT WAS FOUND FURTHER THAT RESPONDENTS SOLD THE WELL TO DARRY CAIN IN THE SUMMARY OF 2004 WITHOUT REMEDIATING IT. DARRY CAIN HAS AGREED TO PROPERLY PLUG THE WELL

Defendants (3)

• GRAHAM, TOMNamed in complaintNamed in settlement
• GRAHAM, JERRYNamed in complaintNamed in settlement
• TOM AND JERRY OIL COMPANYNamed in complaintNamed in settlement

Facilities (1)

• HIGGINSON #3 UIC WELL (DARRY CAIN)

  LAT: 3734139.68; LONG: -85.4508, HENDERSON, KY, 42419

  Registry ID: 110022872033

Statutes cited

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

Enforcement conclusions (1)

• TOM AND JERRY GRAHAM dba TOM AND JERRY OIL COMPANYentered 2005-07-11

  Primary law: SDWA

  Federal penalty: $2,026

Timeline (4 milestones)

• 2005-07-11Complaint Filed/Proposed Order
• 2005-07-11Final Order Issued
• 2005-07-15Enforcement Action Closed
• 2005-07-22Enforcement Action Data Entered