EPA v. ROSECLARE OIL COMPANY, LLC

Case summary

8/29/2008 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,818. RESPONDENT SHALL MAKE PAYMENT OF $4,909 WITHIN THIRTY DAYS. RESPONDENT SHALL MAKE FINAL PAYMENT OF $4,909 BY FEBRUARY 2009. ORDER ALLEGES: DURING THE WEEK OF DECEMBER 11-13 2007, EPA INSPECTED RESPONDENT'S INJECTION WELL. 40 CFR SECTION 144.28(f)(2) REQUIRES THAT, THE OWNER OR OPERATOR OF A CLASS II INJECTION WELL AUTHORIZED BY RULE SHALL ESTABLISH AND MAINTAIN MECHANICAL INTEGRITY UNTIL THE WELL IS PROPERLY PLUGGED IN ACCORDANCE WITH AN APPROVED PLUGGING AND ABANDONMENT PLAN. DURING THE AFOREMENTIONED INSPECTION, RESPONDENT'S SUBJECT INJECTION WELL WAS FOUND TO HAVE BEEN MECHANICALLY ALTERED. THE 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 ALTERATION TO THE SUBJECT WELL RENDERED IT INCAPABLE OF PASSING A MIT. THEREFORE, THE SUBJECT WELL LACKED MECHANICAL INTEGRITY SUBSEQUENT TO THE MECHANAICAL ALTERATION. RESPONDENT IS IN VIOLATION OF 40 CFR SECTION 144.28(f)(2) FOR FAILURE TO ESTABLISH AND MAINTAIN MECHANICAL INTEGRITY OF THE SUBJECT WELL UNTIL THE WELL WAS PROPERLY PLUGGED IN ACCORDANCE WITH AN APPROVED PLUGGING AND ABANDONMENT PLAN.

Defendants (1)

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

Facilities (1)

• BLAND ORME #1 UIC WELL (ROSECLARE OIL COMPANY, LLC)

  N37.780057, W-87.915392, UNIONTOWN, KY, 42461

  Registry ID: 110037234123

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)

• 2008-08-29Complaint Filed/Proposed Order
• 2008-08-29Final Order Issued
• 2008-09-17Enforcement Action Data Entered
• 2009-03-02Enforcement Action Closed