EPA v. CAIN, DARRY

Case summary

8/4/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,800. RESPONDENT SHALL MAKE PAYMENT WITHIN SIXTY DAYS. ORDER ALLEGES: THE REGULATION AT 40 C.F.R. SECTION 144.28(d) STATES THAT THE OWNER OR OPERATOR OF A RULE-AUTHORIZED INJECTION WELL IS REQUIRED TO DEMONSTRATE AND MAINTAIN FINANCIAL RESPONSIBILITY AND RESOURCES TO CLOSE, PLUG AND ABANDON THE WELL IN AN EPA-APPROVED MATTER. RESPONDENT HAS NOT PROVIDED THE FINANCIAL ASSURANCE FOR THE SUBJECT WELLS. THEREFORE, RESPONDENT IS IN VIOLATION OF SDWA AND 40 C.F.R. SECTION 144.28(d) FOR FAILING TO DEMONSTRATE AND MAINTAIN FINANCIAL RESPONSIBILITY AND RESOURCES FOR THE SUBJECT WELLS. REQUIREMENTS FOUND AT 40 C.F.R. SECTION 144.28(g)(2)(iv), STATE THAT A DEMONSTRATION OF MECHANICAL INTEGRITY, PURSUANT TO SECTION 146.8, SHALL OCCUR AT LEAST EVERY 5 YEARS FOR ACTIVE WELLS AND THAT THE OWNER AND OPERATOR SHALL NOTIFY EPA AT LEAST 30 DAYS PRIOR TO SUCH DEMONSTRATION. ACCORDING TO EPA'S RECORDS, ADVANCE NOTIFICATION WAS NOT PROVIDED BY THE RESPONDENT AND THE MECHANICAL INTEGRITY DEMONSTRATION REQUIREMENTS. THEREFORE RESPONDENT VIOLATED 40 C.F.R. SECTION 144.28(g)(2)(iv)(A) AND THE SDWA BY FAILING TO PROVIDE ADVANCE NOTIFICATION AND FAILING TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF THE ACTIVE SUBJECT WELLS. 40 C.F.R. SECTI0N 144.28(c)(2)(iv) REQUIRES THAT AFTER A CESSATION OF INJECTION FOR TWO YEARS, THE OWNER OR OPERATOR OF A RULE-AUTHORIZED UNDERGROUND INJECTION WELL SHALL DEMONSTRATE THE MECHANICAL INTEGRITY OR CLOSE, PLUG AND ABANDON THE WELL. ACCORDING TO EPA'S RECORDS AND FIELD INSPECTIONS, THE FOLLOWING INACTIVE SUBJECT WELLS WERE NOT PLUGGED AND ARE OVERDUE FOR MECHANICAL INTEGRITY DEMONSTRATION AS SHOWN. (HIGGINSON #2, HANCOCK #1, PINKSTON #1W, AND RUSSELL BALL #1) THEREFORE RESPONDENT IS IN VIOLATION OF 40 C.F.R. SECTION 144.28(c)(2)(vi) AND THE SDWA FOR FAILING TO DEMONSTRATE THE MECHANICAL INTEGRITY OR PROPERLY CLOSE, PLUG AND ABANDON THE SUBJECT INACTIVE WELLS. THE REGULATION AT 40 C.F.R. SECTION 144.28(g)(2)(ii)(B) STATES THE OWNER OR OPERTOR OF A RULE-AUTHORIZED INJECTION WELL IS REQUIRED TO MONITOR THE INJECTION PRESSURE, FLOW RATE, AND CUMULTATIVE VOLUME OF THE INJECTED FLUID ON A MONTHLY BASIS FOR ENHANCED RECOVERY OPERATIONS. 40 C.F.R. SECTION 144.28(h)(2)(i) CONTAINS THE REQUIREMENT TO SUBMIT ALL MONITORING RESULTS TO EPA ANNUALLLY. THE RECORDS INDICATE THAT RESPONDENT IS OVERDUE ON THE SUBMITTAL OF MONITORING RESULTS FOR THE HIGGINSON #2, RUSSELL BALL #1, J. POSEY #1, POWELL POSEY #5, HANCOCK #1, AND PINKSTON #1W. THERFORE RESPONDENT VIOLATED 40 C.F.R. SECTION 144.28(h)(2)(i) AND THE SDWA BY FAILING TO TIMELY SUBMIT MONITORING RESULTS OF THE SUBJECT WELLS.

Defendants (1)

• CAIN, DARRY (SB)Named in complaintNamed in settlement

Facilities (6)

• POWELL POSEY #5 UIC WELL (DARRY R. CAIN / NICHOLAS A. CAIN)

  LAT/LONG: 37.68945 / -87.74371, HENDERSON, KY, 42420

  Registry ID: 110043462963

• HIGGINSON #2 UIC WELL (DARRY R. CAIN / NICHOLAS A. CAIN)

  LAT/LONG: 37.69172 / -87.75193, HENDERSON, KY, 42420

  Registry ID: 110043460652

• PINKSTON #1W UIC WELL (DARRY R. CAIN / NICHOLAS A. CAIN)

  LAT/LONG: 37.69639 / -87.75774, HENDERSON, KY, 42420

  Registry ID: 110043462981

• HANCOCK #1 UIC WELL (DARRY R. CAIN / NICHOLAS A. CAIN)

  LAT/LONG: 37.69143 / -87.75479, HENDERSON, KY, 42420

  Registry ID: 110043462972

• J. POSEY #1 UIC WELL (DARRY R. CAIN / NICHOLAS A. CAIN)

  LAT/LONG: 37.69080 / -87.74864, HENDERSON, KY, 42420

  Registry ID: 110043462954

• RUSSELL BALL #1 UIC WELL (DARRY CAIN)

  LAT: 37.416667; LONG: -87.4437637, HENDERSON, KY, 42419

  Registry ID: 110022872006

Statutes cited

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

Enforcement conclusions (1)

• CAIN, DARRYentered 2011-08-04

  Primary law: SDWA

  Federal penalty: $5,800

Timeline (4 milestones)

• 2011-08-04Complaint Filed/Proposed Order
• 2011-08-04Final Order Issued
• 2011-08-24Enforcement Action Data Entered
• 2012-10-23Enforcement Action Closed