EPA v. DAVID J. PETERS (PAUL PETERS #1)

Case summary

8/11/2011 - CEASE INJECTION ORDER ISSUED. ORDER STATES: DURING INSPECTIONS ON FEBRUARY 17, 2011, MARCH 28, 2011, AND MAY 19, 2011, IT WAS FOUND THAT PRODUCED FLUIDS FROM AN OIL/WATER SEPARATOR WERE BEING INJECTED INTO THE SUBJECT WELL (PAUL PETERS #1). THE PERMIT APPLICATION FOR THIS WELL WAS RECEIVED BY EPA ON MAY 17, 2001. IN A LETTER DATED NOVEMBER 21, 2001, THE EPA EXPLAINTED TO RESPONDENT THAT THE FINANCIAL RESPONSIBILITY DEMONSTRATION WAS INCOMPLETE AND THEREFORE THE PERMIT APPLICATION WAS INCOMPLETE. RESPONDENT FAILED TO CURE THE DEFICIENCY. CONSEQUENTLY, THE PERMIT WAS NEVER ISSUED SINCE RESPONDENT TO PROVIDE THE FINANCIAL RESPONSBILITY AND RESOURCES TO CLOSE, PLUG AND ABANDON THE WELL. 40 C.F.R. SECTION 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. ANY VIOLATION OF A UIC REGULATION ALSO CONSTITUTES A VIOLATION OF THE SDWA, AS PROVIDED IN PART C OF THE SDWA, 42 U.S.C. SECTION 300h, et seq. THEREFORE, RESPONDENT IS IN VIOLATION OF PART C OF THE SDWA AND 40 C.F.R. SECTION 144.11 FOR UNAUTHORIZED CONSTRUCTION OF AN INJECTION WELL AND UNAUTHORIZED UNDERGROUND INJECTION.

Defendants (1)

• DAVID J. PETERS (SB)Named in settlement

Facilities (1)

• UIC WELL - PAUL PETERS #1

  4698 KY 719, SANDY HOOK, KY, 41171-6948

  Registry ID: 110044219592

Statutes cited

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

Enforcement conclusions (1)

• DAVID J. PETERS (PAUL PETERS #1)entered 2011-08-11

  Primary law: SDWA

Timeline (2 milestones)

• 2011-08-11Final Order Issued
• 2011-08-19Enforcement Action Data Entered