EPA v. GALLAGHER DRILLING, INC.

Case summary

8/12/09- CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,120, DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT VIOLATED 40 CFR 144.51(a), ITS PERMIT,A ND THE SDWA BY FAILING TO COMPLY WITH THE PERMIT CONDITION TO DEMONSTRATE MECHANICAL INTEGRITY AS LEAST ONCE EVERY 5 YEARS FOR THE GENTRY #5, LAFOON #2, AND MARQUESS #2 WELLS. RESPONDENT VIOLATED 40 CFR 144.51(a), ITS PERMITS AND THE SDWA BY FAILING TO EITHER PLUG AND ABANDON THE BOWLES #2 AND DEWEY THOMASON #1 WELLS OR TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF THESE WELLS. ANNUAL MONITORING REPORTS FOR 2007 AND 2008 FOR ALL OF THE SUBJECT WELLS EXCEPT THE LILLY FOLEY #6 WELL AND THE DEWEY THOMASON #1 WELL, WERE SUBMITTED LATE. NO ANNUAL MONITORING REPORTS WERE SUBMITTED AT ALL FOR THE DEWEY THOMASON #1 FOR 2005 THRU 2008. THEREFORE, RESPONDENT VIOLATED 40 CFR 144.51(a), ITS PERMIT, AND THE SDWA BY FAILING TO TIMELY SUBMIT ANNUAL MONITORING REPORTS. DURING THE PAST 5 YEARS, NO FLUID ANALYSES HAVE BEEN SUBMITTED FOR THE WELLS SUBMITED TO PERMIT NO KYA0562. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR 144.51(a), ITS PERMIT, AND THE SDWA FOR FAILURE TO SUBMIT ANNUAL FLUID ANALYSES. RESPONDENT VIOLATED 40 CFR 144.28(c)(2)(iv) AND THE SDWA BY FAILING TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF THE LILLIE FOLEY #6 WELL. THE 2007 ANNUAL MONITORING REPORT FOR THE LILLIE FOLEY #6 WAS NOT SUBMITTED UNTIL SEPT 24, 2008, AND THE 2008 ANNUAL MONITORING RE0PORT WAS NOT SUBMITTED UNTIL MAY 3, 2009. THEREFORE, RESPONDENT VIOLATED THE REQUIREMENT OF 40 CFR 144.28(h)(2) AND THE SDWA BY FAILING TO TIMELY SUBMIT ANNUAL MONITORING REPORTS FOR THE LILLIE FOLEY #6 WELL.

Defendants (1)

• GALLAGHER DRILLING, INC.Named in complaintNamed in settlement

Facilities (8)

• DEWEY THOMASON #1 UIC WELL (GALLAGHER DRILLING INC.)

  LAT/LONG: 37.26587, -87.56266, LOUISVILLE, KY, 40207

  Registry ID: 110040059691

• MARQUESS #2 UIC WELL (GALLAGHER DRILLING, INC.)

  LAT/LONG: 37.25631, -87.57862, LOUISVILLE, KY, 40207

  Registry ID: 110040059619

• GENTRY #5 UIC WELL (GALLAGHER DRILLING, INC.)

  LAT/LONG: 37.26269, -87.57891, LOUISVILLE, KY, 40207

  Registry ID: 110040059575

• BOWLES #2 UIC WELL (GALLAGHER DRILLING, INC.)

  LAT/LONG: 37.26147, -87.58311, LOUISVILLE, KY, 40207

  Registry ID: 110040071365

• LAFOON #2 UIC WELL (GALLAGHER DRILLING, INC.)

  LAT/LONG: 37.25745, -87.57582, LOUISVILLE, KY, 40207

  Registry ID: 110040059600

• LILLIE FOLEY #6 UIC WELL (GALLAGHER DRILLING INC.)

  LAT/LONG: 37.265293, -87.567457, LOUISVILLE, KY, 40207

  Registry ID: 110040059726

• TODD #7 UIC WELL (GALLAGHER DRILLING INC.)

  LAT/LONG: 37.621899, -87.571601, LOUISVILLE, KY, 40207

  Registry ID: 110040059682

• PRESSLEY (ZOGG) #2 UIC WELL (GALLAGHER DRILLING, INC.)

  LAT/LONG: 37026786, -87.57567, LOUISVILLE, KY, 40207

  Registry ID: 110040059646

Statutes cited

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

Enforcement conclusions (1)

• GALLAGHER DRILLING, INC.entered 2009-08-12

  Primary law: SDWA

  Federal penalty: $15,120

Timeline (4 milestones)

• 2009-08-12Final Order Issued
• 2009-08-12Complaint Filed/Proposed Order
• 2009-08-31Enforcement Action Data Entered
• 2010-03-11Enforcement Action Closed