EPA v. ROSECLARE OIL COMPANY

Case summary

8/29/08 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $19,636. RESPONDENT SHALL PAY. $9,818 WITHIN 30 DAYS. RESPONDENT SHALL PAY REMAINING $9,818 WITHIN 6 MONTHS AFTER THE INITIAL PAYMENT. ALLEGATIONS: DURING THE WEEK OF DEC 11-13, 2007, EPA INSPECTED RESPONDENT'S INJECTION WELLS. DURING THE INSPECTION, EACH OF RESPONDENT'S SUBJECT INJECTION WELLS WAS FOUND TO HAVE BEEN MECHANICALLY ALTERED. EACH OF THE SUBJECT WELLS CONTAINED A DEVICE WHICH WOULD CAUSE ITS ANNULUS TO BE BYPASSED DURING A MECHANICAL INTEGRITY TEST (MIT), THEREBY RESULTING IN FALSIFIED MIT RESULTS. THE MECHANICAL ALTERATION TO EACH OF THE SUBJECT WELLS RENDERED THEM INCAPABLE OF PASSING A MIT. TEHREFORE THE SUBJECT WELLS LACKED MECHANICAL INTEGRITY SUBSEQUENT TO THE MECHANICAL ALTERATION. RESPONDENT IN IN VIOLATION OF 40 CFR 144.28(f)(2) FOR FAILUIRE TO ESTABLISH AND MAINTAIN MECHANICAL INTEGRITY OF THE SUBJECT INJECTION WELLS UNTIL THE WEELS WERE PROPERLY PLUGGED IN ACCORDANCE WITH AN APPROVED PLUGGING AND ABANDONMENT PLAN. ON FEB 29, 2008, EPA ISSUED A NOTICE OF VIOLATION AND NOTICE OF OPPORTUNITY TO SHOW FOR THE SUBJECT WELLS, ALLEGING RESPONDENT TO BE IN VIOLATION OF THE SDWA AND ITS IMPLEMENTING REGULATIONS.

Defendants (1)

• ROSECLARE OIL COMPANY (SB)Named in complaintNamed in settlement

Facilities (2)

• REISS-YUNKER-DURHAM#7 UIC WELL (ROSECLARE OIL COMPANY, LLC)

  N-37788514, W-87.916747, UNIONTOWN, KY, 42461

  Registry ID: 110037234203

• REISS-YUNKER-DURHAM UIC WELL #9 (ROSECLARE OIL COMPANY, LLC)

  N.37788514, W-87.916747, UNIONTOWN, KY, 42461

  Registry ID: 110037234212

Statutes cited

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

Enforcement conclusions (1)

• ROSECLARE OIL COMPANYentered 2008-08-29

  Primary law: SDWA

  Federal penalty: $19,636

Timeline (4 milestones)

• 2008-08-29Complaint Filed/Proposed Order
• 2008-08-29Final Order Issued
• 2008-09-13Enforcement Action Data Entered
• 2009-03-02Enforcement Action Closed