EPA v. APPALACHIAN RESOURCES OF FLORIDA, LLC

Case summary

9/16/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $1,039, DUE WITHIN 30 DAYS. EACH OF THE SUBJECT WELLS IS LOCATED IN LEE COUNTY, KY, EXCEPT FOR THE BELLE WATSON 100, LOCATED IN POWELL COUNTY, KY. THE SUBJECT WELLS, EXCEPT FOR THE BELLE WATSON 100, WERE IN EXISTENCE ON JUNE 25, 1984, THE EFFECTIVE DATE OF THE UIC PROGRAM IN KY AS IMPLEMENTED BY EPA, AND ARE, THEREFORE, AUTHORIZED BY RULE. ON OCT 28, 2008, EPA CONDUCTED AN INSPECTION OF THE BELLE WATSON 100 WELL AND FOUND IT TO BE ACTIVELY INJECTING. A SUBSEQUENT REVIEW OF THE EPA DATABASE AND FILES REVEALED NO INFO CONCERNING THE BELLE WATSON 100 WELL HAD BEEN SUBMITTED TO EPA. THE BELLE WATSON 100 WELL IS NOT AUTHORIZED BY RULE OR BY PERMIT. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR 144.11 FOR INJECTING INTO THE SUBJECT WELL WHICH IS NEITHER AUTHORIZED BY RULE NOR BY PERMIT. RESPONDENT PURCHASED THE BELLE WATSON LEASE ON JULY 10, 2006 AND THE REMAINING LEASES ON JUNE 11, 2007. AT THE TIME OF THE PURCHASE OF THE SUBJECT WELLS UNTIL THE ISSUANCE OF THIS PROPOSED CA/FO, NO INVENTORY INFORMATION TO TRANSFER THE WELLS TO RESPONDENT HAS BEEN SUBMIT TO EPA, IN VIOLATION OF 40 CFR 144.26; NO DEMONSTRATION OF MECHANICAL INTEGRITY HAS BEEN SUBMITTED TO EPA, IN VIOLATION OF 40 CFR 144.28(f)(2); NO MONITORING REPORTS OR FLUID ANALYSIS REPORTS HAVE BEEN SUBMITTED TO EPA, IN VIOLATION OF 40 CFR 144.28(h)(2); AND NO DEMONSTRATION OF FINANCIAL RESPONSIBILITY FOR PLUGGING AND ABANDONMENT HAS BEEN SUBMITTED TO EPA, IN VIOLATION OF 40 CFR 144.28(d). DURING SEPT 2009, EPA PERSONNEL PERFORMED ADDITIONAL INSPECTIONS. ORDER REQUIRES: WITHIN 60 DAYS, RESPONDENT SHALL BRING THE BELLE WATSON 100 WELL INTO COMPLIANCE BY EITHER: (1) PLUGGING AND ABANDONING (P&A) THE SUBJECT WELL IN ACCORDANCE WITH EPA REGULATIONS AND AND EPA-APPROVED P&A PLAN; OR (2) APPLYING FOR AN EPA-APPROVED PERMIT FOR THE WELL. RESPONDENT MAY RESUME INJECTION INTO THE BELLE WATSON 100 WELL IF RESPONDENT APPLIES FOR AND RECEIVES SUCH PERMIT. AND: EPA AND RESPONDENT AGREE THAT THE FOLLOWING SUBJECT WELLS HAVE BEEN COVERED BY INFILL, LANDSLIDE, MINING, OR HIGHWAY CONSTRUCTION ACTIVITY AND THE TOP OF THE CASING IS AT AN UNKNOWN DEPTH BELOW GROUND LEVEL OR CANNOT BE LOCATED: R.J. MCLIN-NORTH 4-W; R.J. MCLIN-NORTH 7-W; R.J. MCLIN-SOUTH W-1; W.E. KINCAID W-3; W.E. KINCAID-W-4; W.E. KINCAID 6-W; MARION SHOEMAKER 1-W. IF AT ANY TIME ANY OF THESE WELLS BECOMES LOCATED, AND OR UNCOVERED AND ACCESSIBLE TO RESPONDENT AND RESPONDENT IS THE OWNER/OPERATOR OF THE WELL, RESPONDENT SHALL BRING THE SUBJECT WELL INTO COMPLIANCE WITH THE SDWA AND APPLICABLE UIC REGS BY EITHER DEMONSTRATING MECHANICAL INTEGRITY OR P&A WITHIN 60 DAYS. RESPONDENT SHALL NOT INJECT INTO THE REMAINING WELLS UNTIL THEY ARE BROUGHT INTO COMPLIANCE.

Defendants (1)

• APPALACHIAN RESOURCES OF FLORIDA, LLC (SB)Named in complaintNamed in settlement

Facilities (20)

• R.J. MCLIN-NORTH 2-W UIC WELL

  LAT/LONG: 37.69399 / -83.68434, BEATTYVILLE, FL, 41311

  Registry ID: 110042355448

• R.J. MCLIN-SOUTH A-4 UIC WELL

  LAT/LONG: 37.67918 / -83.68038, BEATTYVILLE, FL, 41311

  Registry ID: 110042340222

• MARION SHOEMAKER A-2 UIC WELL

  LAT/LONG: 37.68104 / -83.37889, BEATTYVILLE, FL, 41311

  Registry ID: 110042352067

• MARION SHOEMAKER A-3 UIC WELL

  LAT/LONG: 37.37939 / -83.67867, BEATTYVILLE, FL, 41311

  Registry ID: 110042352085

• R.J. MCLIN-NORTH 3-W UIC WELL

  LAT/LONG: 37.69256 / -83.68225, BEATTYVILLE, FL, 41311

  Registry ID: 110042355457

• W.E. KINCAID UIC WELL

  LAT/LONG: 37.37895 / -83.68225, BEATTYVILLE, FL, 41311

  Registry ID: 110042352049

• R.J. MCLIN-NORTH 5-W UIC WELL

  LAT/LONG: 37.69772 / -83.68300, BEATTYVILLE, FL, 41311

  Registry ID: 110042355475

• R.J. MCLIN-SOUTH 30 UIC WELL

  LAT/LONG: 37.38338 / -83.67989, BEATTYVILLE, FL, 41311

  Registry ID: 110042340179

• MARION SHOEMAKER 1-W UIC WELL

  LAT/LONG: 37.68459 / -83.68198, BEATTYVILLE, FL, 41311

  Registry ID: 110042352129

• MARION SHOEMAKER 11-W UIC WELL

  LAT/LONG: 37.68064 / -83.67749, BEATTYVILLE, FL, 41311

  Registry ID: 110042352076

• W.E. KINCAID W-3 UIC WELL

  LAT/LONG: 37.68194 / -83.68150, BEATTYVILLE, FL, 41311

  Registry ID: 110042352021

• E. WILLIAMS W-1 UIC WELL

  LAT/LONG: 37.67253 / -83.67709, BEATTYVILLE, FL, 41311

  Registry ID: 110042352110

• BELLE WATSON 100 UIC WELL

  LAT/LONG: 37.74831 / -83.82343, BEATTYVILLE, FL, 41311

  Registry ID: 110042355420

• R.J. MCLIN-NORTH 7-W UIC WELL

  LAT/LONG: 37.68458 / -83.68184, BEATTYVILLE, FL, 41311

  Registry ID: 110042355493

• R.J. MCLIN-SOUTH A-1 UIC WELL

  LAT/LONG: 37.68191 / -83.67920, BEATTYVILLE, FL, 41311

  Registry ID: 110042339877

• …and 5 more

Statutes cited

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

Enforcement conclusions (1)

• APPALACHIAN RESOURCES OF FLORIDA, LLCentered 2010-09-14

  Primary law: SDWA

  Federal penalty: $1,039

Timeline (4 milestones)

• 2010-09-14Complaint Filed/Proposed Order
• 2010-09-14Final Order Issued
• 2010-09-16Enforcement Action Data Entered
• 2010-09-17Enforcement Action Closed