EPA v. WITHROW WELL PLUGGING

Case summary

11/15/05 - ADMINISTRATIVE ORDER ON CONSENT. ON DECEMBER 10, 2003, EPA INSPECTED RESPONDENT'S INJECTION WELL. ON FEBRUARY 9, 2005, A REVIEW OF THE RECORDS FILE FOR THE SUBJECT WELL WAS CONDUCTED. THE RESULTING VIOLATION IS ALLEGED. THE RECORDS FILE FOR THE ELLIS ESTATE DRAINAGE INJECTION #7 SHOWS THAT INJECTION INTO THE WELL HAS CEASED SINCE 1999. EPA CONSIDERS AN INJECTION WELL THAT HAS BEEN INACTIVE FOR MORE THAN TWO (2) YEARS TO BE TEMPORARILY ABANDONED. 40 CFR SECTION 144.28(c)(2)(iv) REQUIRES THAT MECHANICAL INTEGRITY BE DEMONSTRATED EVERY TWO (2) YEARS 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 ELLIS ESTATE DRAINAGE #7 INJECTION WELL SHOWS THAT THE LAST MECHANICAL INTEGRITY TEST (MIT) WAS CONDUCTED ON SEPTEMBER 19, 1995. HOWEVER, THIS MIT WAS NOT WITNESSED BY EPA AND IS NOT RECOGNIZED AS A VALID MIT. THE RECORDS FILE SHOWS THAT THE LAST MIT FOR THE SUBJECT WELL WAS CONDUCTED ON OCTOBER 11, 1990. THEREFORE, THE ELLIS ESTATE DRAINAGE #7 INJECTION WELL IS CURRENTLY IN A STATE OF NON-COMPLIANCE WITH 40 CFR SECTION 144.28(c)(2)(iv) DUE TO THE LACK OF DEMONSTRATION OF MECHANICAL INTEGRITY OF A TEMPORARILY ABANDONED INJECTION WELL. RESPONDENT HAS EXPRESSED THE INTENT TO PLUG AND ABANDON THE ELLIS ESTATE DRAINAGE #7.

Defendants (1)

• WITHROW WELL PLUGGING (SB)Named in settlement

Facilities (1)

• WITHROW WELL PLUGGING

  UTICA FIELD, UTICA, KY, 42376

  Registry ID: 110024531050

Statutes cited

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

Enforcement conclusions (1)

• WITHROW WELL PLUGGINGentered 2005-11-15

  Primary law: SDWA

Timeline (2 milestones)

• 2005-11-15Final Order Issued
• 2006-02-08Enforcement Action Data Entered