EPA v. THACKER, KENNETH C.

Case summary

3/1/11 - CEASE INJECTION ORDER ISSUED. FINDINGS OF FACT: DURING AN INSPECTION ON FEB 7, 2011, IT WAS FOUND THAT PRODUCED FLUIDS FROM AN OIL/WATER SEPARATOR WERE BEING INJECTED INTO THE SUBJECT WELL THROUGH ITS CASING. THIS WELL IS AN UNAUTHORIZED COVERSION OF A PREVIOUSLY UNKNOWN, ABANDONED OIL WELL. 40 CFR 144.11 PROHIBITS ANY UNDERGROUND INJECTION OR CONSTRUCTION OF AN UNDERGROUND INJECTION WELL THAT IS NOT AUTHORIZED BY RULE OR BY AN ISSUED PERMIT. NO AUTHORIZATION HAS BEEN GIVEN FOR THE UNDERGROUND INJECTION OF FLUIDS INTO THE SUBJECT WELL. NO PERMIT HAS BEEN ISSUED ALLOWING CONSTRUCTION OF THE SUBJECT INJECTION WELL. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA AND 40 CFR 144.11 FOR UNAUTHORIZED CONSTRUCTION OF AN INJECTION WELL AND UNAUTHORIZED UNDERGROUND INJECTION. ANY VIOLATION OF A UIC REGULATION ALSO CONSTITUTES A VIOLATION OF THE SDWA. ORDER: RESPONDENT IS HEREBY ORDERED TO IMMEDIATELY CEASE INJECTION INTO THE SUBJECT WELL PURSUANT TO 40 CFR 144.11, WHICH PROHIBITS UNAUTHORIZED UNDERGROUND INJECTION AND PROHIBITS UNAUTHORIZED CONSTRUCTION OF AN UNDERGROUND INJECTION WELL.

Defendants (1)

• THACKER, KENNETH C. (SB)Named in settlement

Facilities (1)

• KEN THACKER #1A UIC WELL

  LAT/LONG: 37.73047 / -83.77313, IRVINE, KY, 40336

  Registry ID: 110043465915

Statutes cited

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

Enforcement conclusions (1)

• THACKER, KENNETH C.entered 2011-03-01

  Primary law: SDWA

Timeline (2 milestones)

• 2011-03-01Final Order Issued
• 2011-03-24Enforcement Action Data Entered