EPA v. ROSECLARE OIL COMPANY, LLC

Case summary

8/29/08 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,818. RESPONDENT SHALL PAY $4,909 WITHIN 30 DAYS. REMAINING $4,909 SHALL BE PAID WITHIN 6 MONTHS. ALLEGATIONS: DURING THE WEEK OF DEC 11-13, 2007, EPA INSPECTED RESPONDENT'S INJECTION WELL. DURING THE AFOREMENTIONED INSPECTION, RESPONDENT'S SUBJECT INJECTION WELL WAS FOUND TO HAVE BEEN MECHANICALLY ALTERED. SUBJECT WELL CONTAINED A DEVICE WHICH WOULD CAUSE ITS ANNULUS TO BE BYPASSED DURING A MECHANICAL INTEGRITY TEST (MIT), THEREBY RESULTING IN A FALSIFIED MIT RESULT. THE MECHANICAL ALTERNATION TO THE SUBJECT WELL RENDERED IT INCAPABLE OF PASSING A MIT. THEREFORE, THE SUBJECT WELL LACKED MECHANICAL INTEGRITY SUBSEQUENT TO THE MECHANICAL ALTERATION. RESPONDENT IN IN VIOLATION OF 40 CFR 144.28(f)(2) FOR FAILURE TO ESTABLISH AND MAINTAIN MECHANICAL INTEGRITY OF THE SUBJECT INJECTION WELL UNTIL THE WELL WAS 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 CAUSE FOR THE SUBJECT WELL, ALLEGING RESPONDENT TO BE VIOLATION OF THE SDWA AND ITS IMPLEMENTING REGULATIONS.

Defendants (1)

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

Facilities (1)

• BESSIE BOSWELL UIC WELL (ROSECLARE OIL COMPANY, LLC)

  N37.709553; W-88.051081 (KYS2250150), UNIONTOWN, KY, 42461

  Registry ID: 110037240447

Statutes cited

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

Enforcement conclusions (1)

• ROSECLARE OIL COMPANY, LLCentered 2008-08-29

  Primary law: SDWA

  Federal penalty: $9,818

Timeline (4 milestones)

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