EPA v. ELNA OIL COMPANY

Case summary

11/8/11 - FINDINGS AND ADMINISTRATIVE ORDER ON CONSENT ISSUED. PART II, SECTION F, PARAGRAPH 3, OF THE UIC PERMITS, REQUIRES THAT AFTER A CESSATION OF INJECTION FOR TWO YEARS,THE PERMITTEE SHALL DEMONSTRATE THE MECHANICAL INTEGRITY OR CLOSE, PLUG AND ABANDON THE WELL. AS LONG AS THE WELL REMAINS INACTIVE, A DEMONSTRATION OF MECHANICAL INTEGRITY IS REQUIRED AT LEAST ONCE EVERY TWO YEARS. EPA'S RECORDS AND FIELD INSPECTIONS INDICATE THAT THE SUBJECT WELLS ARE INACTIVE AND HAVE NOT BEEN PLUGGED AND ARE OVERDUE FOR MECHANICAL INTEGRITY DEMONSTRATION REQUIREMENTS AS SHOWN: HOMER NEELEY #10 - LAST MIT 10/30/2000 SPARKS HEIRS #2 - LAST MIT 05/03/2003. THEREFORE RESPONDENT IS IN VIOLATION OF PART C OF THE SDWA, ITS UIC PERMITS AND 40 CFR 144.51(a) FOR FAILURE TO DEMONSTRATE THE MECHANICAL INTEGRITY OR PLUG AND ABANDON THE INACTIVE SUBJECT WELLS. INJUNCTIVE RELIEF: RESPONDENT SHALL PERFORM THE FOLLOWING INJUNCTIVE RELIEF: A. RESPONDENT SHALL DEMONSTRATE THE MECHANICAL INTEGRITY OR CLOSE, PLUG AND ABANDON EACH OF THE SUBJECT WELLS. WITHIN 180 DAYS, THE RESPONDENT SHALL DEMONSTRATE THE MECHANICAL INTEGRITY OR CLOSE, PLUG AND ABANDON THE FIRST OF THE TWO SUBJECT WELLS. WITHIN 180 DAYS, RESPONDENT SHALL DEMONSTRATE THE MECHANICAL INTEGRITY OR CLOSE, PLUG AND ABANDON THE SECOND SUBJECT WELLS SO THAT WITHIN 1 YEAR BOTH OF THE SUBJECT WELLS MUST HAVE A DEMONSTRATION OF MECHANICAL INTEGRITY OR BE CLOSED, PLUGG AND ABANDONED. MECHANICAL INTEGRITY TESTING OR PLUGGING AND ABANDONMENT MUST BE WITNESSED BY AN AUTHORIZED REPRESENTATIVE OF EPA.

Defendants (1)

• ELNA OIL COMPANY, INC.Named in settlement

Facilities (2)

• SPARK HEIRS #2 UIC WELL

  LAT/LONG: 38.0228747 / -82.5622158, MARTHA, KY, 41159

  Registry ID: 110044867695

• ELNA OIL COMPANY, INC. - HOMER NEELEY #10 UIC WELL

  HC 80, BOX 160, MARTHA, KY, 41159

  Registry ID: 110013701379

Statutes cited

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

Enforcement conclusions (1)

• ELNA OIL COMPANYentered 2011-11-08

  Primary law: SDWA

Timeline (2 milestones)

• 2011-11-08Final Order Issued
• 2012-01-05Enforcement Action Data Entered