EPA v. HIGGINS, JIM & COLLINS, SAM (G.R. BARNETT LEASE)

Case summary

VIOLATION 1: RESPONDENTS HAVE NOT SUBMITTED ANNUAL MONTIORING REPORTS TO EPA SINCE ACQUIRING THE LEASE (APPROX. 1 YEAR AGO). IN VIOLATION OF 40 CFR 144.28(g)(2)(ii)(B) AND 40 CFR 144.29(h)(2)(i) FOR FAILURE TO MONITOR AND TO SUBMIT TO EPA, THE ANNUAL MONITORING REPORTS SUMMARIZING THE REQUIRED MONITORING INFORMATION. VIOLATION 2: ON DECEMBER 10, 2003, EPA INSPECTED RESPONDENTS' G.R. BARNETT LEASE IN DAVIESS COUNTY, KY. DURING THE INSPECTION, EPA DISCOVERED THAT RESPONDENTS' RULE-AUTHORIZED WELL HAD BEEN CONVERTED TO PRODUCTION. DURING THE REVIEW OF THE FILES ON THE SUBJECT WELL, EPA DETERMINED THAT RESPONDENTS HAD NOT NOTIFIED EPA OF THEIR PLANS TO CONVERT THE WELL TO PRODUCTION. IN VIOLATION OF 40 CFR 144.28(j)(2) FOR FAILING TO NOTIFY EPA AT LEAST 45 DAYS PRIOR TO CONVERTING THE SUBJECT INJECTION WELL TO PRODUCTION. VIOLATION 3: RESPONDENTS HAD NEVER DEMONSTRATED THE MECHANICAL INTEGRITY OF THE SUBJECT WELL AND THAT THE LAST DEMONSTRATION OF MECHANICAL INTEGRITY HAD BEEN ON OCTOBER 23, 1991. IN VIOLATION OF OF 40 CFR 144.28(G)(2)(iv)(A) FOR FAILURE TO DEMONSTRATE MECHANICAL INTEGRITY ON THE SUBJECT WELL AT LEAST ONCE EVERY 5 YEARS. VIOLATION 3: RESPONDENTS HAVE NOT DEMONSTRATED ADEQUATE FINANCIAL RESPONSIBILITY TO CLOSE, PLUG, AND ABANDON THE WELL IN ACCORDANCE WITH AN EPA-APPROVED PLAN. IN VIOLATION OF 40 CFR 144.28(d) FOR FAILURE TO DEMONSTRATE ADEQUATE FINANCIAL RESPONSIBILITY TO CLOSE, PLUG, AND ABANDON THE SUBJECT INJECTION WELL IN ACCORDANCE WITH AN EPA-APPROVED PLAN. INJUNCTIVE RELIEF: WITHIN 30 DAYS, RESPONDENT SHALL SUBMIT TO EPA A DESCRIPTION OF THE PROCEDURES USED TO CONVERT THE SUBJECT WELL TO PRODUCTION. WITHIN 15 DAYS, RESPONDENT SHALL CONTACT EPA TO ARRANGE FOR THE SCHEDULING OF A MECHANICAL INTEGRITY TEST OF THE SUBJECT WELL. WITHIN 90 DAYS, RESPONDENTS SHALL HAVE DEMONSTRATED THE MECHANICAL INTEGRITY OF THE SUBJECT WELL OR SHALL HAVE PLUGGED AND ABANDONED THE WELL IN ACCORDANCE WITH AN EPA-APPROVED PLUGGING AND ABANDONMENT PLAN. WITHIN 60 DAYS, RESPONDENTS SHALL SUBMIT PROOF THAT THEY HAVE BONDED THE SUBJECT WELL AS AN OIL PRODUCTION WELL WITH THE COMMONWEALTH OF KY.

Defendants (2)

• HIGGINS, JIMNamed in settlement
• COLLINS, SAMNamed in settlement

Facilities (1)

• JIM HIGGINS & SAM COLLINS (G.R. BARNETT LEASE) (UIC WELLS)

  1127 BUFORD ROAD, UTICA, KY, 42376

  Registry ID: 110024530667

Statutes cited

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

Enforcement conclusions (1)

• HIGGINS, JIM & COLLINS, SAM (G.R. BARNETT LEASE)entered 2006-01-04

  Primary law: SDWA

Timeline (2 milestones)

• 2006-01-04Final Order Issued
• 2006-01-05Enforcement Action Data Entered