EPA v. BUTLER COUNTY FLOOD, INC.

Case summary

8/21/08 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. RESPONDENT'S INJECTION WELLS WERE IN EXISTENCE ON JUNE 25, 2984, THE EFFECTIVE DATE OF THE UIC PROGRAM IN KY. ON MAY 8, 1998, EPA ISSUED FINAL ADMIN ORDER ON CONSENT, DOCKET NUMBER 4-UICC-056-90C TO RESPONDENT. THE FINAL AOC BECAME EFFECTIVE ON JUNE 7, 1998. THE VIOLATIONS LISTED IN THAT AOC REMAIN AS PART OF THIS ORDER AND ARE INCLUDE BY REFERENCE. ON JUNE 19, 2000, EPA RECEIVED A PROPOSAL FORM FROM RESPONDENT REQUESTING AN ESTENTION OF THE DEADLINE FOR PAYMENT OF THE CIVIL PENALTY AND CORRECTIVE ACTIONS OUTLINED IN THE FINAL AOC. ON NOVEMBER 8, 2000, EPA ISSUED A MODIFICATION OF THE AOC, INCORPORATING RESPONDENT'S AFOREMENTIONED PROPOSAL. SINCE THAT DATE, RESPONDENT HAS PAID THE PENALTY IN FULL AND PERFORMED SOME OF THE REQUIRED INJUNCTIVE RELIEF. ON APRIL 16, 2008, EPA AND RESPONDENT DISCUSSED, BY PHONE, THE REMAINING INJUNCTIVE RELIEF REQUIRED TO COMPLY WITH THE AOC. RESPONDENT EXPRESSED THE DESIRE TO PLUG AND ABANDON THE SUBJECT WELLS WITH THE EXCEPTION OF THE H. GIVENS #W-2B WELL, ON WHICH RESPONDENT DESIRES TO CONDUCT A DEMONSTRATION OF MECHANICAL INTEGRITY. INJUNCTIVE RELIEF: NO LATER THAN NOVEMBER 30, 2008, RESPONDENT SHALL PLUG AND ABANDON THE SUBJECT WELLS ACCORDING TO AN EPA-APPROVED P&A PLAN, WITH THE EXCEPTION OF THE H. GIVENS #W-2B WELL AND UP TO 4 ADDITIONAL WELLS, TWO BEING ON THE M.A. HAWES LEASE AND ONE EACH ON THE E.N. ANDERSON AND TOM KIRBY LEASES. NO LATER THAN NOV 30, 2008, RESPONDENT SHALL DEMONSTRATE THE MECHANICAL INTEGRITY OF THE H. GIVENS #W-2B INJECTION WELL AND THE 4 ADDITIONAL WELLS REFERRED TO ABOVE. IF RESPONDENT CANNOT DEMONSTRATE THE MECHANICAL INTEGRITY OF THE WELLS, RESPONDENT SHALL TAKE CORRECTIVE ACTION TO REMEDIATE AND RETEST THE WELLS WITHIN 30 DAYS. IN ANY EVENT, THE WELLS MUCH EITHER PASS A MECHANICAL INTEGRITY TEST OR BE PLUGGED AND ABANDONED NO LATER THAN NOV 30, 2008. BEGINNING 90 DAYS AFTER RECEIPT OF THIS ORDER AND EVERY 90 DAYS THEREAFTER, RESPONDENT SHALL SUBMIT TO EPA A WRITTEN REPORT ON THE PROGRESS BEING MADE TO BRING THE WELLS INTO COMPLIANCE.

Defendants (1)

• BUTLER COUNTY FLOOD, INC. (SB)Named in settlement

Facilities (28)

• H. GIVENS W-2B UIC WELL (BUTLER COUNTY FLOOD, INC.)

  N37.118750; W-86.856399, MORGANTOWN, KY, 42261

  Registry ID: 110037239645

• H. GIVENS W-1C UIC WELL (BUTLER COUNTY FLOOD, INC.)

  N37.120017; W-86.859602, MORGANTOWN, KY, 42261

  Registry ID: 110037239609

• M.A. HAWES W-7 UIC WELL (BUTLER COUNTY FLOOD, INC.)

  N37.149478; W-86816221, MORGANTOWN, KY, 42261

  Registry ID: 110037239707

• H. GIVENS W-1A UIC WELL (BUTLER COUNTY FLOOD, INC.)

  N.37.117071; W-86.858193, MORGANTOWN, KY, 42261

  Registry ID: 110037239592

• TOM KIRBY W-4 UIC WELL (BUTLER COUNTY FLOOD, INC.)

  N37.116593; W-86852164, MORGANTOWN, KY, 42261

  Registry ID: 110037239663

• H.A. HAWES W-12 UIC WELL (BUTLER COUNTY FLOOD, INC.)

  N37.148531; W-86.816186, MORGANTOWN, KY, 42261

  Registry ID: 110037239734

• E.N. ANDERSON W-23 UIC WELL (BUTLER COUNTY FLOOD, INC.)

  N37.111498; W-86.850867, MORGANTOWN, KY, 42261

  Registry ID: 110037239565

• M.A. HAWES W-19 UIC WELL (BUTLER COUNTY FLOOD, INC.)

  N37.143865; W-86.813613, MORGANTOWN, KY, 42261

  Registry ID: 110037239789

• E.N. ANDERSON W-22 UIC WELL (BUTLER COUNTY FLOOD, INC.)

  N37.111728; W-86.852379, MORGANTOWN, KY, 42261

  Registry ID: 110037239556

• M.A. HAWES W-14 UIC WELL (BUTLER COUNTY FLOOD, INC.)

  N37.148729; W-86.812796, MORGANTOWN, KY, 42261

  Registry ID: 110037239725

• VAN BROWN W-19 UIC WELL (BUTLER COUNTY FLOOD, INC.)

  N37.112410; W-86.856857, MORGANTOWN, KY, 42261

  Registry ID: 110037239681

• TOM KIRBY W-3 UIC WELL (BUTLER COUNTY FLOOD, INC.)

  N37.116752; W-86.853764, MORGANTOWN, KY, 42261

  Registry ID: 110037239654

• H. GIVENS W-1D UIC WELL (BUTLER COUNTY FLOOD, INC.)

  N37.120100; W.-86861180, MORGANTOWN, KY, 42261

  Registry ID: 110037239618

• H. GIVENS W-2A UIC WELL (BUTLER COUNTY FLOOD, INC.)

  N37.119825; W-86.853258, MORGANTOWN, KY, 42261

  Registry ID: 110037239636

• E.N. ANDERSON 4-CW UIC WELL (BUTLER COUNTY FLOOD, INC.)

  N37.112272; W-86.848046, MORGANTOWN, KY, 42261

  Registry ID: 110037239583

• …and 13 more

Statutes cited

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

Enforcement conclusions (1)

• BUTLER COUNTY FLOOD, INC.entered 2008-08-21

  Primary law: SDWA

Timeline (2 milestones)

• 2008-08-21Final Order Issued
• 2008-09-13Enforcement Action Data Entered