EPA v. HOWARD, THOMAS d/b/a TOWER OIL COMPANY

Case summary

3/18/05 - COMPLIANCE ORDER ISSUED. VIOLATION 1: A. 40 CFR 144.28(g)(2)(ii)(B) REQUIRES THE OWNER OR OPERATOR OF A RULE AUTHORIZED WELL TO MONITOR MONTHLY FOR INJECTION PRESSURE, FLOW RATE, AND CUMULATIVE VOLUME INJECTED. 40 CFR 144.28(h)(2)(i) FURTHER REQUIRES THAT THE OWNER OR OPERATOR SUBMIT AN ANNUAL REPORT SUMMARIZING THE RESULTS OF THE ABOVE MONITORING TO EPA. B. ON MARCH 19, 2004, EPA CONDUCTED A COMPLIANCE REVIEW OF THE FILES ON SUBJECT WELL AND DETERMINED THAT RESPONDENT HAD NEVER SUBMITTED ANNUAL MONITORING REPORTS TO EPA FOR THE SUBJECT WELL. C. EPA DETERMINED THAT RESPONDENT WAS IN VIOLATION OF 40 CFR 144.28(g)(2)(ii)(B) AND 40 CFR 144.28(h)(2)(i) FOR FAILURE TO MONITOR AND TO SUBMIT TO EPA THE ANNUAL MONITORING REPORTS SUMMARIZING THE REQUIRED MONITORING INFORMATION. VIOLATION 2: A. 40 CFR 144.28(g)(2)(iv)(A) REQUIRES THAT AN OWNER OR OPERATOR OF A RULE AUTHORIZED INJECTION WELL DEMONSTRATES THE MECHANICAL INTEGRITY OF THE WELL AT LEAST ONCE EVERY 5 YEARS. B. DURING THE COMPLIANCE REVIEW, EPA DETERMINED THAT RESPONDENT HAD LAST DEMONSTRATED THE MECHANICAL INTEGRITY OF THE SUBJECT INJECTION WELL ON JULY 31, 1991. C. EPA DETERMINED THAT RESPONDENT WAS IN VIOLATION OF 40 CFR 144.28(g)(2)(iv)(A) FOR FAILURE TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE SUBJECT WELL AT LEAST ONCE EVERY 5 YEARS. ORDER REQUIRES: A. WITHIN 15 DAYS, RESPONDENT SHALL CONTACT EPA TO ARRANGE FOR THE SCHEDULING OF A MECHANICAL INTEGRITY TEST. B. WITHIN 90 DAYS, RESPONDENT SHALL HAVE DEMONSTRATED THE MECHANICAL INTEGRITY OF THE SUBJECT INJECTION WELL OR PLUGGED THE SUBJECT WELL IN ACCORDANCE WITH AN EPA-APPROVED PLUGGING PLAN. C. WITHIN 15 DAYS, RESPONDENT SHALL SUBMIT TO EPA ALL AVAILABLE ANNUAL REPORTS FOR THE SUBJECT WELL FOR THE YEARS 1991 TO 2004 SUMMARIZING THE RESULTS OF ALL MONITORING DATA

Defendants (1)

• TOWER OIL COMPANY (SB)Named in settlement

Facilities (1)

• LEBOLD LEASE (TOWER OIL COMPANY)

  SR 1514 AND GIBSON MILL ROAD, GLENVILLE, KY, 42376

  Registry ID: 110022312246

Statutes cited

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

Enforcement conclusions (1)

• HOWARD, THOMAS d/b/a TOWER OIL COMPANYentered 2005-03-18

  Primary law: SDWA

Timeline (2 milestones)

• 2005-03-18Final Order Issued
• 2005-03-24Enforcement Action Data Entered