EPA v. MANEIKIS ENERGY, LLC

Case summary

3/23/2010 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF ZERO. THERE ARE NO ANNUAL MONITORING REPORTS IN THE RECORDS FILE FOR THE SUBJECT WELL. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR 144.51(a), ITS PERMIT, AND THE SDWA FOR FAILURE TO TIMELY SUBMIT ANNUAL MONITORING REPORTS FOR THE SUBJECT WELL. THERE ARE NO ANNUAL INJECTION FLUID ANALYSIS REPORTS IN THE RECORDS FILE FOR THE SUBJECT WELL. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR 144.51(a), ITS PERMIT, AND THE SDWA FOR FAILURE TO SUBMIT ANNUAL INJECTION FLUID ANALYSIS REPORTS FOR THE SUBJECT WELL. EPA REQUIRES A DEMONSTRATION OF MECHANICAL INTEGRITY AT LEAST ONCE EVERY 5 YEARS AS LONG AS THE WELL REMAINS ACTIVE. THE RECORDS FILE FOR THE WELL SHOWS THAT THE LAST MECHANICAL INTEGRITY TEST (MIT) WAS CONDUCTED ON SEPT 17, 2002. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR 144.51(a), ITS PERMIT, AND THE SDWA FOR FAILURE TO DEMONSTRATE MECHANICAL INTEGRITY BY SEPT 17, 2007. ORDER REQUIRES: RESPONDENT SHALL, WITHIN 30 DAYS, DEMONSTRATE BOTH INTERNAL AND EXTERNAL MECHANICAL INTEGRITY OF THE SUBJECT WELL, OR PLUG AND ABANDON THE WELL IN ACCORDANCE WITH AN EPA-APPROVED PLAN. IF THE SUBJECT WELL FAILS THE MIT TEST, RESPONDENT SHALL NOTIFY EPA WITHIN 24 HOURS OF THE FAILED MIT. WITHIN 90 DAYS OF THE FAILED MIT, RESPONDENT FAILED EITHER TAKE CORRECTIVE ACTION TO REMEDIATE AND RETEST THE WELL, OR P&A THE WELL ACCORDING TO AN EPA-APPROVED P&A PLAN. REPONDENT SHALL, WITHIN 30 DAYS, CONDUCT AN INJECTION FLUID ANALYSIS AND SUBMIT THE RESULT TO EPA. THEREAFTER, RESPONDENT SHALL CONDUCT AN INJECTION FLUID ANALYSIS AND SUBMIT THE RESULTS TO EPA ANNUALLY OR WHENEVER CHANGES ARE MADE TO THE INJECTION FLUID. RESPONDENT SHALL, WITHIN 30 DAYS, SUBMIT AN ANNUAL MONITORING REPORT TO EPA FOR THE YRS 2004 THRU 2009. THEREFORE, RESPONDENT SHALL MONITOR THE OPERATION OF THE SUBJECT WELL COVERING THE PERIOD FROM JANUARY 1ST TO DEC 31ST. THE ANNUAL MONITORING REPORT SHALL BE SUBMITTED BY JAN 30TH OF THE FOLLOWING YEAR.

Defendants (1)

• MANEIKIS ENERGY, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• RUSSELL BARRICK #1-V INJECTION WELL (MANEIKIS ENERGY, LLC)

  N36.926415 X W-85946276, COLUMBIA, KY, 42728

  Registry ID: 110041199084

Statutes cited

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

Enforcement conclusions (1)

• MANEIKIS ENERGY, LLCentered 2010-03-23

  Primary law: SDWA

Timeline (3 milestones)

• 2010-03-23Final Order Issued
• 2010-03-23Complaint Filed/Proposed Order
• 2010-03-25Enforcement Action Data Entered