EPA v. REBCO OIL, INC.

Case summary

6/1/11 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $10,000 IN EIGHT INSTALLMENT PAYMENTS OF $1,250 EACH. RESPONDENT SHALL PAY THE FIRST INSTALLMENT WITHIN 30 DAYS. THEREAFTER, THE REMAINING PAYMENTS SHALL BE SUBMITTED EVERY 90 DAYS UNTIL PAID IN FULL. ALLEGATIONS: PART II, SECTION F, PARAGRAPH 3 OF THE SUBJECT WELL'S PERMIT, REQUIRES THAT AFTER A CESSATION OF INJECTION FOR TWO YEARS, THE PERMITTEE SHALL PLUG AND ABANDON THE WELL IN ACCORDANCE WITH AN EPA-APPROVED P&A PLAN, OR DEMONSTRATE MECHANICAL INTEGRITY AT LEAST ONCE EVERY 2 YEARS AS LONG AS THE WELL REMAINS INACTIVE. RECENT FIELD INSPECTIONS AND REVIEW OF RECORDS SHOW THAT THE YOUNG FARMS #2 INJECTION WELL HAS BEEN INACTIVE SINCE JULY 2004. THE RECORDS FILE FOR THE YOUNG FARMS #2 INJECTION WELL SHOWS THAT THE LAST MECHANICAL INTEGRITY DEMONSTRATION WAS CONDUCTED ON SEPT 26, 2003. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA, ITS UIC PERMIT AND 40 CFR 144.51(a) FOR FAILURE TO EITHER DEMONSTRATE THE MECHANICAL INTEGRITY OF THE YOUNG FARMS #2 INJECTION WELL EVERY TWO YARS WHILE INACTIVE, OR P&A THE WELL IN ACCORDANCE WITH AN EPA-APPROVED P&A PLAN. PART I, SECTION C, PARAGRAPH 2 OF THE SUBJECT PERMIT REQUIRES ANNUAL SUBMITTAL OF MONTHLY INJECTION MONITORING REPORTS. THE LAST ANNUAL MONITORING REPORT IN THE RECORDS FILE FOR THE YOUNG FARMS #2 INJECTION WELL IS FOR THE YEAR 2002. 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. ON OCT 29, 2010, EPA NOTIFIED RESPONDENT BY CERTIFIED MAIL OF THE ALLEGED VIOLATIONS OF THE SDWA AND THE IMPLEMENTING REGULATIONS. ORDER REQUIRES: RESPONDENT SHALL, WITHIN 30 DAYS, DEMONSTRATE BOTH INTERNAL AND EXTERNAL MECHANICAL INTEGRITY OF THE SUBJECT WELL, OR P&A THE WELL IN ACCORDANCE WITH AN EPA-APPROVED P&A PLAN. IF THE SUBJECT WELL FAILS THE MECHANICAL INTEGRITY TEST (MIT), RESPONDENT SHALL NOTIFY EPA WITHIN 24 HOURS OF THE FAILED MIT. WITHIN 90 DAYS OF THE FAILED MIT, RESPONDENT SHALL EITHER TAKE CORRECTIVE ACTION TO REMEDIATE AND RETEST THE WELL, OR P&A THE WELL ACCORDING TO AN EPA=APPROVED P&A PLAN. RESPONDENT SHALL, WITHIN 30 DAYS, SUBMIT AN ANNUAL MONITORING REPORT TO EPA ON EPA FORM 7520-11 FOR THE YEARS 2006 THRU 2010. THEREAFTER, IN ACCORDANCE WITH THE SUBJECT PERMIT, RESPONDENT SHALL MONITOR THE OPERATION OF THE SUBJECT WELL COVERING THE PERIOD FROM JAN 1 TO DEC 31. THE ANNUAL MONITORING REPORT SHALL BE SUBMITTED BY JAN 30 OF THE FOLLOWING YEAR.

Defendants (1)

• REBCO OIL, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• YOUNG FARMS #2 INJECTION WELL

  BEECH GROVE EAST FIELD, BEECH GROVE, KY, 42322

  Registry ID: 110043709038

Statutes cited

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

Enforcement conclusions (1)

• REBCO OIL, INC.entered 2011-06-01

  Primary law: SDWA

  Federal penalty: $10,000

Timeline (4 milestones)

• 2011-06-01Final Order Issued
• 2011-06-01Complaint Filed/Proposed Order
• 2011-06-17Enforcement Action Data Entered
• 2011-09-02Enforcement Action Closed