EPA v. MINION ENERGY, LLC

Case summary

7/23/10 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. RESPONDENT FORECLOSED ON THE SUBJECT WELLS FORMERLY OWNED J.D. CARTY RESOURCES, LLC IN JAN 2009. DURING THE 5 YRS PRIOR TO THE DATE OF FORECLOSURE, NO DEMONSTRATION OF MECHANICAL INTEGRITY WAS SUBMITTED TO EPA IN VIOLATION OF 40 CFR 144.28(f)(2); NO MONITORING REPORTS OR FLUID ANALYSIS REPORTS WERE SUBMITTED TO EPA, IN VIOLATION OF 40 CFR 144.28(h)(2); AND AT THE TIME OF FORECLOSURE, ADEQUATE DEMONSTRATE OF FINANCIAL RESPONSIBILITY FOR PLUGGING AND ABANDONMENT HAD NOT BEEN SUBMITTED TO EPA, IN VIOLATION OF 40 CFR 144.28(d). RESPONDENT AGREED TO ENTER INTO A CONSENT ORDER TO BRING THE SUBJECT WELLS INTO COMPLIANCE WITH THE SDWA AND ALL APPLICABLE REGULATIONS. INJUNCTIVE RELIEF: RESPONDENT SHALL BRING THE SUBJECT WELLS INTO COMPLIANCE WITH THE SDWA AND APPLICABLE UIC REGULATIONS BY EITHER: (1) DEMONSTRATING MECHANICAL INTEGRITY, ESTABLISHING FINANCIAL RESPONSIBILITY, PERFORMING FLUID ANALYSIS AND SUBMITTING MONITORING REPORT FOR THE SUBJECT WELLS; OR BY (2) PLUGGING AND ABANDONING THE SUBJECT WELLS. RESPONDENT SHALL COMMENCE BRINGING THE SUBJECT WELLS INTO COMPLIANCE AT THE RATE OF ONE WELL EVERY TWO MONTHS, BEGINNING IMMEDIATLEY UPON THE EFFECTIVE DATE OF THIS ORDER. EPA AND RESPONDENT AGREE THAT THE JACK HUNLEY W-5 INJECTION WELL HAS BEEN COVERED BY INFILL AND THE TOP OF THE CASING IS AT AN UNKNOWN DEPTH BELOW GROUND LEVEL. IF AT ANY TIME THE SUBJECT WELL BECOMES UNCOVERED AND ACCESSIBLE, AND RESPONDENT IS THE OWNER/OPERATOR OF THE WELL, RESPONDENT SHALL BRING THE SUBJECT WELL INTO COMPLIANCE WITH THE SDWA AND APPLICABLE UIC REGULATIONS BY EITHER: (1) DEMONSTRATING MECHANICAL INTEGRITY, PERFORMING FLUID ANALYSIS, AND SUBMITTING MONITORING REPORTS FOR THE SUBJECT WELL; OR BY (2) PLUGGING AND ABANDONING THE SUBJECT WELL WITHING 60 DAYS OF ITS BECOMING ACCESSIBLE TO RESPONDENT. RESPONDENT SHALL NOT INJECT ANY SUBJECT WELL OR WELLS UNTIL RESPONDENT HAS DEMONSTRATED BOTH INTERNAL AND EXTERNAL MECHANICAL INTEGRITY AND FINANCIAL RESPONSIBILITY HAS BEEN ESTABLISHED FOR THE SUBJECT WELL OR WELLS. IF AT ANY TIME A WELLS BEGINS OR CONTINUES TO LEAK, FLOW, OR SPILL AT THE GROUND SURFACE, OR IF NATURALLY OCCURRING SPRINGS, ROCK OUTCROPS, OR WATER SUPPLY WELLS SHOW ANY EVIDENCE OF HYDROCARBON OR BRINE CONTAMINATION, RESPONDENT SHALL IMMEDIATELY CEASE INJECTION AND NOTIFY EPA. INJECTION SHALL NOT BE RESUME UNTIL RESPONDENT DEMONSTRATES, TO THE SATISFACTION OF EPA, THAT THE INJECTION WILL NOT CAUSE MOVEMENT OF FLUIDS INTO OR BETWEEN UNDERGROUND SOURCES OF DRINKING WATERS AND/OR CAUSE CONTAMINATION OF WATERS OF THE U.S. IN VIOLATION OF THE CWA.

Defendants (1)

• MINION ENERGY, LLC (SB)Named in settlement

Facilities (11)

• SALYERS HEIRS 2-W UIC WELL

  LAT/LONG: 37.708003 / -83.016236, SALYERSVILLE, KY, 41465

  Registry ID: 110042333481

• J.H. ARNETT W-8 UIC WELL

  LAT/LONG: 37.707476 / -83.012286, SALYERSVILLE, KY, 41465

  Registry ID: 110042343121

• J.P. CONLEY 5-W UIC WELL

  LAT/LONG: 37.778644 / -83.009852, SALYERSVILLE, KY, 41465

  Registry ID: 110042333533

• R.L. SALYERS-JIM ARNETT W-2 UIC WELL

  LAT/LONG: 37.706451 / -83.015673, SALYERSVILLE, KY, 41465

  Registry ID: 110042336763

• J.P. CONLEY 4-W UIC WELL

  LAT/LONG: 37.779862 / -83.010138, SALYERSVILLE, KY, 41465

  Registry ID: 110042333524

• J.H. ARNETT W-11 UIC WELL

  LAT/LONG: 37.704927 / -83.009816, SALYERSVILLE, KY, 41465

  Registry ID: 110042343292

• SALYERS HEIRS 3-W UIC WELL

  LAT/LONG: 37.707415 / -83.014663, SALYERSVILLE, KY, 41465

  Registry ID: 110042333506

• JACK HUNLEY W-5 UIC WELL

  LAT/LONG: 37.822640 / -83.033679, SALYERSVILLE, KY, 41465

  Registry ID: 110042336772

• J.P. CONLEY 6-W UIC WELL

  LAT/LONG: 37.777710 / -83.009227, SALYERSVILLE, KY, 41465

  Registry ID: 110042333542

• R.L. SALYERS-JIM ARNETT W-1 UIC WELL

  LAT/LONG: 37.705226 / -83.016059, SALYERSVILLE, KY, 41465

  Registry ID: 110042333551

• JACK HUNLEY W-24 UIC WELL

  LAT/LONG: 37.821701 / -83.034436, SALYERSVILLE, KY, 41465

  Registry ID: 110042336790

Statutes cited

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

Enforcement conclusions (1)

• MINION ENERGY, LLCentered 2010-07-23

  Primary law: SDWA

Timeline (2 milestones)

• 2010-07-23Final Order Issued
• 2010-09-15Enforcement Action Data Entered