EPA v. DOUGLAS MORTIMER

Case summary

8/13/2009 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $5,000. THE RECORDS FILE FOR THE SUBJECT WELL INDICATES THAT THE MECHANICAL INTEGRITY OF THE WELL WAS DEMONSTRATED ON SEPTEMBER 23, 2003, AND WAS THEREFORE DUE TO BE DEMONSTRATED AGAIN NO LATER THAN SEPTEMBER 20, 2008. RESPONDENT FAILED TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE SUBJECT WELL BY THAT DATE. THEREFORE, RESPONDENT VIOLATED 40 CFR SECTION 144.51(a), ITS PERMIT, AND THE SDWA BY FAILING TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE SUBJECT WELL. THERE ARE NO ANNUAL MONITORING REPORTS IN THE RECORDS FILE FOR THE SUBJECT WELL. RESPONDENT FAILED TO SUBMIT ANNUAL INJECTION FLUID ANALYSIS REPORTS FOR THE SUBJECT WELL. ON APRIL 16, 2009, EPA ISSUED A NOTICE OF VIOLATION AND NOTICE OF OPPORTUNITY TO SHOW CAUSE FOR THE SUBJECT WELL, ALLEGING RESPONDENT TO BE IN VIOLATION OF ITS PERMIT, THE SDWA AND ITS IMPLEMENTING REGULATIONS. ON MAY 20, 2009, EPA RECEIVED RESPONDENT'S MIT REPORT FOR THE SUBJECT WELL DATED MAY 13, 2009. ON MAY 20. 2009, EPA RECEIVED RESPONDENT'S ANNUAL SUMMARY MONITORING REPORTS FOR THE SUBJECT WELL FOR THE YEARS 2004, 2005, 2006, 2007, AND 2008. ON MAY 20, 2009, EPA RECEIVED RESPONDENT'S ANNUAL INJECTION FLUID ANALYSIS REPORT FOR THE SUBJECT WELL DATED MAY 12, 2009.

Defendants (1)

• DOUGLAS MORTIMER (SB)Named in complaintNamed in settlement

Facilities (1)

• DOUGLAS MORTIMER #4 - UIC WELL

  453 MAPLE STREET, SALYERSVILLE, KY, 41465

  Registry ID: 110040067343

Statutes cited

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

Enforcement conclusions (1)

• DOUGLAS MORTIMERentered 2009-08-13

  Primary law: SDWA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2009-08-13Complaint Filed/Proposed Order
• 2009-08-13Final Order Issued
• 2009-08-21Enforcement Action Data Entered
• 2011-02-02Enforcement Action Closed