EPA v. HIGGINS, JIM & COLLINS, SAM (F.K. FULKERSON LEASE)

Case summary

VIOLATION 1: RESPONDENTS HAVE NOT SUBMITTED ANNUAL MONITORING REPORTS TO EPA SINCE ACQUIRING THE LEASE (APPROX ONE YEAR AGO). 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: 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 40 CFR 144.28(g)(2)(iv)(A) FOR FAILURE TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE SUBJECT WELL AT LEAST ONCE EVERY FIVE YEARS. VIOLATION 3: RESPONDENTS HAVE NOT DEMONSTRATED ADEQUATE FINANCIAL RESPONSIBILTIY 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. VIOLATION 4: RESPONDENT HAVE NEVER SUBMITTED A FLUID ANALYSIS FOR THE SUBJECT WELL. IN VIOLATION OF 40 CFR 144.28(G)(2) AND 40 CFR 144.28(h)(2)(i) FOR FAILURE TO PERFORM INJECTED FLUID ANALYSIS AND FOR FAILURE TO SUBMIT TO EPA THE REQUIRED FLUID ANALYSIS REPORTS. INJUNCTIVE RELIEF: WITHIN 30 DAYS, RESPONDENTS SHALL SUBMIT TO EPA FOR APPROVAL A PLAN FOR INITIATION OF MONITORING AS REQUIRED BY 40 CFR 144.28(g)(2)(ii)(B). WITHIN 15 DAYS, RESPONDENTS 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 INJECTION WELL, OR SHALL HAVE PLUGGED AND ABANDONED THE WELL IN ACCORDANCE WITH AN EPA-APPROVED PLUGGING AND ABANDONMENT PLAN. WITHIN 90 DAYS, RESPONDENTS SHALL SUBMIT A DEMONSTRATION OF FINANCIAL RESPONSIBILITY OF AN AMOUNT ADEQUATE TO CLOSE, PLUG, AND ABANDON THE SUBJECT WELL IN ACCORDANCE WITH AN EPA-APPROVED PLAN. THIS DEMONSTRATION SHALL BE IN THE FORM OF A FULLY-FUNDED TRUST, A BOND WITH STAND-BY TRUST, OR A LETTER OF CREDIT WITH STANDY-BY TRUST IN LANGUAGE COMPARABLE TO THAT FOUND AT 40 CFR 144.70. WITHIN 60 DAYS, RESPONDENTS SHALL SUBMIT AN INJECTED FLUID ANALYSIS THAT INCLUDES THE FOLLOWING PARAMETERS: (A) pH; (B) tOTAL DISSOLVED SOLIDS; (C) SPECIFIC GRAVITY.

Defendants (2)

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

Facilities (1)

• SAM COLLINS & JIM HIGGINS (F.K. FULKERSON LEASE)

  1127 BUFORD ROAD, UTICA, KY, 42376

  Registry ID: 110024530088

Statutes cited

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

Enforcement conclusions (1)

• HIGGINS, JIM & COLLINS, SAM (F.K. FULKERSON LEASE)entered 2006-01-04

  Primary law: SDWA

Timeline (2 milestones)

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