EPA v. HERMAN L. LOEB

Case summary

8/28/2008 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $4,000, DUE WITHIN 30 DAYS. PART II, SECTION G(3) OF RESPONDENT'S PERMIT REQUIRES THAT A MECHANICAL INTEGRITY TEST (MIT) BE CONDUCTED EVER 5 YEARS ON AN ACTIVE WELL. RECORDS IN THE PERMIT FILES SHOW THAT THE MECHANICAL INTEGRITY OF THE BINFORD #8 WAS LAST DEMONSTRATED ON DEC 6, 2000 AND THE MECHANICAL INTEGRITY OF THE TAYLOR ETAL #1 ON APRIL 8, 2002. THEREFORE, RESPONDENT VIOLATED THE SDWA AND ITS UIC PERMIT BY FAILING TO TIMELY TEST THE SUBJECT WELLS FOR MECHANICAL INTEGRITY. ON MAY 1, 2008, EPA SENT RESPONDENT A NOTICE OF VIOLATION FOR FAILURE TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE SUBJECT WELLS. ON MAY 29, 2008, A TELEPHONE CONFERENCE WAS HELD BETWEEN EPA AND RESPONDENT DURING WHICH RESPONDENT AGREED TO PAY A PENALTY OF $4,000. EPA WAS NOTIFIED THAT THE SUBJECT WELLS DEMONSTRATED MECHANICAL INTEGRITY ON MAY 28, 2008.

Defendants (1)

• LOEB, HERMAN L. (SB)Named in complaintNamed in settlement

Facilities (2)

• BINFORD #8 UIC WELL (HERMAN L. LOEB)

  37.668589; 87.95491, GROVE CENTER, KY, 42437

  Registry ID: 110037239752

• TAYLOR ETAL #1 UIC WELL (HERMAN L. LOEB)

  37.667079; -87.92677, GROVE CENTER, KY, 42437

  Registry ID: 110037241482

Statutes cited

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

Enforcement conclusions (1)

• HERMAN L. LOEBentered 2008-08-28

  Primary law: SDWA

  Federal penalty: $4,000

Timeline (4 milestones)

• 2008-08-28Final Order Issued
• 2008-08-28Complaint Filed/Proposed Order
• 2008-09-13Enforcement Action Data Entered
• 2008-09-19Enforcement Action Closed