EPA v. MUD RIVER OIL AND GAS, LLC

Case summary

6/1/11 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,865. ALLEGATIONS: EPA REQUIRES A DEMONSTRATION OF MECHANICAL INTEGRITY AT LEAST ONCE EVERY FIVE YEARS AS LONG AS THE WELL REMAINS ACTIVE. THE RECORDS FILE FOR THE J.M. SUMNER #1 INJECTION WELL SHOWS THAT THE LAST MIT WAS CONDUCTED ON AUG 27, 2004. THE NEXT MIT WAS DUE NO LATER THAN AUG 27, 2009. THEREFORE, THE RESPONDENT IS IN VIOLATION OF THE SDWA, ITS UIC PERMIT AND 40 CFR 144.51(a) FOR FAILURE TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE J.M. SUMNER #1 INJECTION WELL AT LEAST ONCE EVERY FIVE YEARS. PART I, SECTION D, PARA 3 OF THE SUBJECT PERMIT REQUIRES AN INJECTION FLUID ANALYSIS TO BE CONDUCTED AT LEASE ONCE EVERY 12 MONTHS, AND WHENEVER CHANGES ARE MADE TO THE INJECTION FLUID. PART I, SECTION E, PARA 1, OF THE SUBJECT PERMIT REQUIRES THE SUBMITTAL OF ANNUAL INJECTION FLUID ANALYSIS REPORTS TO EPA. TEH LAST ANNUAL REPORT IN THE RECORDS FILE FOR THE J.M. SUMNER #1 INJECTION WELL IS DATED JAN 20, 2006. THEREFORE, THE RESPONDENT IS IN VIOLATION OF THE SDWA, ITS UIC PERMIT AND 40 CFR 144.51(a) FOR FAILURE TO SUBMIT ANNUAL INJECTION FLUID ANALYSIS REPORTS FOR THE SUBJECT WELL FOR THE YEARS 2007, 2008, AND 2009. ON NOV 18, 2010, RESPONDENT INFORMED EPA THAT THE J.M. SUMNER #1 INJECTION WELL HAS BEEN SHUT-IN SINCE NOV 2009. ORDER REQUIRES: RESPONDENT SHALL, WITHIN 30 DAYS, DEMONSTRATE BOTH INTERNAL AND EXTERMAL 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 SUBMIT TO EPA AN INJECTION FLUID ANALYSIS REPORT WITHIN 30 DAYS OF RESUMING INJECTION INTO THE J.M. SUMNER #1 INJECTION WELL. THEREFORE, IN ACCORDANCE WITH THE SUBJECT PERMIT, RESPONDENT SHALL CONDUCT AN ANNUAL INJECTION FLUID ANALYSIS AND SUBMIT THE ANALYSIS REPORT TO EPA AT LEASE ONCE EVERY 12 MONTHS, AND WHENEVER CHANGES ARE MADE TO THE INJECTION FLUID.

Defendants (1)

• MUD RIVER OIL AND GAS, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• J.M. SUMNER #1 INJECTION WELL

  HUNTSVILLE SOUTH FIELD, PENROD, KY, 42365

  Registry ID: 110043705121

Statutes cited

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

Enforcement conclusions (1)

• MUD RIVER OIL AND GAS, LLCentered 2011-06-01

  Primary law: SDWA

  Federal penalty: $7,865

Timeline (4 milestones)

• 2011-06-01Complaint Filed/Proposed Order
• 2011-06-01Final Order Issued
• 2011-06-17Enforcement Action Data Entered
• 2014-03-19Enforcement Action Closed