EPA v. MANNON OIL OF TENNESSEE, LLC

Case summary

6/3/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $14,936 DUE IN INSTALLMENT PAYMENTS. WITHIN 30 DAYS, RESPONDENT SHALL SUBMIT A CASHIER'S OR CERTIFIED CHECK IN THE AMOUNT OF $4,734 AS HTE INITIAL INSTALLMENT, WITH EQUAL AMOUNTS DUE EVERY 120 DAYS THEREAFTER, FOR A TOTAL OF 4 PAYMENTS. ALLEGATIONS: THE FOLLOWING INJECTION WELLS ARE OVERDUE FOR MECHANICAL INTEGRITY DEMONSTRATION REQUIREMENTS AS FOLLOWS: J.F. SMITH #S-8 - MIT DUE 11/17/05; J.F. SMITH #S-7 - MIT DUE 11/02/07; J.F. SMITH #S-2 - MIT DUE 11/15/02; J.F. SMITH #S-1WI - MIT DUE 11/02/07; J.F. SMITH #S-9 - MIT DUE 11/17/05. THEREFORE, RESPONDENT VIOLATED 40 CFR 144/28(c)(2)(iv) AND THE SDWA BY FAILING TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY, OR PROPERTY CLOSE, PLUG, AND ABANDON THE INACTIVE WELLS. REQUIREMENTS FOUND AT 40 CFR 144.28(g)(2)(iv)(A), STATE THAT A DEMONSTRATION OF MECHANICAL INTEGRITY PURSUANT TO 146.8, SHALL OCCUR AT LEAST ONCE EVERY 5 YEARS FOR ACTIVE WELLS. THESE WELLS ARE OVERDUE FOR MECHANICAL INTEGRITY AS FOLLOWS: HEIFNER HEIRS #5 - MIT DUE 11/02/09; J.F. SMITH #S-3 - MIT DUE 12/11 08; J.F. SMITH #S-1 - MIT DUE 11/17/03. THEREFORE RESPONDENT VIOLATED 40 CFR 144.28(g)(2)(iv)(A) AND THE SDWA BY FAILING TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF THE ACTIVE WELLS. THE FOLLOWING INJECTION WELLS ARE OVERDUE FOR MECHANICAL INTEGROTY DEMONSTRATION REQUIREMENTS AS FOLLOWS: HEIFNER HEIRS #8 - MIT DUE 11/02/06; HEIFNER HEIRS #4 - MIT DUE 06/19/04. THEREFORE, RESPONDENT VIOLATED 40 CFR 144.51(a), ITS PERMIT AND THE SDWA BY FAILING TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE SUBJECT WELLS. PART I, SECTION C, PARAGRAPH 2 OF THE PERMIT REQUIRES WEEKLY MONITORING OF THE INJECTION AND ANNULUS PRESSURES AT THE WELLHEAD, AND FLOW RATE AND CUMULATIVE VOLUME OF THE INJECTED FLUID. PART I, SECTION D, PARAGRAPH 2 REQUIRES SUBMISSION OF THESE MONITORING RESULTS TO EPA, POSTMARKED BY THE 28TH DAY OF THE MONTH FOLLOWING EACH FULL YEAR OF OPERATION. MONITORING REPORTS FOR YEARS 2007 AND 2008 WERE SUBMITTED ON FEB 2, 2010. THEREFORE, RESPONDENT VIOLATED 40 CFR 144.51(a), ITS PERMIT AND THE SDWA BY FAILING TO TIMELY SUBMIT ANNUAL MONITORING REPORTS FOR THE PERMITTED SUBJECT WELLS. PART I, SECTION C, PARAGRAPH 3, REQUIRES THE PERMITTEE TO PERFORM INJECTION FLUID ANALYSIS AT LEAST ONCE EVERY 12 MONTH. PART I, SECTION D, PARAGRAPH 2 OF THE PERMIT REQUIRES THE RESULTS OF THESE INJECTION FLUID ANALYSES TO BE SUBMITTED ANNUALLY. THE LAST FLUID ANALYSIS PRESENT IN THE PERMIT FILES IS DATED JAN 5, 2001. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR 144.51(a), ITS PERMIT, AND THE SDWA FOR FAILURE TO ANNUALLY PERFORM INJECTION FLUID ANALYSES, AND TO SUBMIT THESE REPORTS TO EPA.

Defendants (1)

• MANNON OIL OF TENNESSEE, LLC (SB)Named in complaintNamed in settlement

Facilities (10)

• J.F. SMITH #S-1WI

  37.52956 / -87.04817, HARTFORD, KY, 42347

  Registry ID: 110041882941

• J.F. SMITH #S7

  37.53400 / -87.04982, HARTFORD, KY, 42347

  Registry ID: 110041882905

• J.F. SMITH #S2

  37.53560 / -87.04990, HARTFORD, KY, 42347

  Registry ID: 110041882923

• J.F. SMITH #S-9

  37.53314 / -87.05297, HARTFORD, KY, 42347

  Registry ID: 110041882950

• HEIFNER HEIRS # #4 UIC WELL

  37.52723 / -87.03964, HARTFORD, KY, 42347

  Registry ID: 110041882978

• J.F. SMITH #S-1 UIC WELL

  37.53111 / -87.04584, HARTFORD, KY, 42347

  Registry ID: 110041884413

• J.F. SMITH #S-8 UIC WELL (MANNON OIL OF TENNESSEE, LLC)

  37.53147 / -87.05217, HARTFORD, KY, 42347

  Registry ID: 110041882512

• J.F. SMITH #S-3 UIC WELL

  37.53231 / -87.04710, HARTFORD, KY, 42347

  Registry ID: 110041884397

• HEIFNER HEIRS #8

  37.52749 / -87.04511, HARTFORD, KY, 42347

  Registry ID: 110041882969

• HEIFNER HEIRS #5 UIC WELL

  37.52907 / -87.04164, HARTFORD, KY, 42347

  Registry ID: 110041884379

Statutes cited

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

Enforcement conclusions (1)

• MANNON OIL OF TENNESSEE, LLCentered 2010-06-10

  Primary law: SDWA

  Federal penalty: $14,936

Timeline (4 milestones)

• 2010-06-10Complaint Filed/Proposed Order
• 2010-06-10Final Order Issued
• 2010-06-18Enforcement Action Data Entered
• 2012-07-24Enforcement Action Closed