EPA v. J.R. WATTS

Case summary

3/8/12 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $15,000, PLUS INTEREST, DUE ACCORDING TO THE FOLLOWING SCHEDULE: RESPONDENT SHALL PAY THE FIRST INSTALLMENT WITHIN 30 DAYS. THEREAFTER, THE REMAINING PAYMENTS SHALL BE SUBMITTED EVERY 90 DAYS UNTIL PAID IN FULL. ALLEGATIONS: THE ONSTOTT-WINK W-1 INJECTION WELL HAS BEEN SHUT-IN AND INACTIVE SINCE 2004. THE EPA UIC PERMIT REUQIEST THAT AFTER A CESSATION OF INJECTION FOR 2 YEARS, THE PERMITTEE SHALL PLUG AND ABANDON (P&A) THE WELL IN ACCORDANCE WITH AN EPA-APPROVED PLAN, OR PROVIDE A DEMONSTRATION OF MECHANICAL INTEGRITY OF THE WELL AT LEAST ONCE EVERY TWO YEARS AS LONG AS THE WELL REMAINS INACTIVE. EPA'S RECORDS INDICATE THAT THE LAST MECHANICAL INTEGRITY TEST (MIT) FOR THE ONSTOTT-WINK W-1 INJECTION WELL WAS CONDUCTED ON APR 5, 2000. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA, ITS UIC PERMIT AND 40 CFR 144.51(a) FOR FAILURE TO COMPLY WITH MECHANICAL INTEGRITY DEMONSTRATION REQUIREMENTS FOR THE ONSTOTT-WINK W-1 INJECTION WELL. THE EPA UIC PERMIT REQUIRES THE PERMITTEE TO MONITOR WEEKLY THE OPERATION OF THE INJECTION WELL. THE PERMIT REQUIRES THE PERMITTEE TO SUBMIT THE MONITORING RESULTS ANNUALLY. EPA RECORDS FOR THE ONSTOTT-WINK W-1 INJECTION WELL INDICATE THAT NO ANNUAL MONITORING REPORTS HAVE EVER BEEN SUBMITTED. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA, ITS UIC PERMIT AND 40 CFR 144.51(a) FOR FAILURE TO SUBMIT ANNUAL MONITORING REPORTS FOR THE ONSTOTT-WINK W-1 INJECTION WELL. EPA'S RECORDS SHOW THAT THE C.M. HINES W-1 INJECTION WELL IS ACTIVE. EPA UIC PERMIT REQUIRES A DEMONSTRATION OF MECHANICAL INTEGRITY OF THE WELL AT LEAST ONCE EVERY 5 YEARS AS LONG AS THE WELL REMAINS ACTIVE AND OT NOTIFY EPA AT LEAST 30 DAYS PRIOR TO SUCH DEMONSTRATION. WITHIN 90 DAYS AFTER THE DATE OF THE MECHANICAL INTEGRITY DEMONSTRATION, THE PERMITTEE IS REQUIRED TO PROVIDE THE EPA WITH THE RESULTS. EPA'S RECORDS INDICATE THAT THE LAST MECHANICAL INTEGRITY TEST (MIT) RESULT FOR THE C.M. HINES W-1 INJECTION WELL WAS SUBMITTED ON MAR 30, 2005. THE NEXT MIT RESULT WAS DUE TO BE SUBMITTED NO LATER THAN MAR 30, 2010. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA, ITS UIC PERMIT AND 40 CFR 144.51(a) FOR FAILURE TO COMPLY WITH MECHANICAL INTEGRITY DEMONSTRATION REQUIREMENTS FOR THE C.M. HINES W-1 INJECTION WELL. THE EPA UIC PERMIT REQUIRES THE PERMITTEE TO MONITOR WEEKLY THE OPERATION OF THE INJECTION WELL. THE PERMIT REQUIRES THE PERMITTEE TO SUBMIT MONITORING RESULTS ANNUALLY. EPA'S RECORDS FOR THE C.M. HINES W-1 INJECTION WELL INDICATE THAT NO ANNUAL MONITORING REPORTS HAVE EVER BEEN SUBMITTED. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA, ITS UIC PERMIT AND 40 CFR 144.51(a) FOR FAILURE TO SUBMIT ANNUAL MONITORING REPORTS FOR THE C.M. HINES W-1 INJECTION WELL. THE EPA UIC PERMIT REQUIRES THE PERMITTEE TO CONDUCT INJECTION FLUID ANALYSIS AT LEAST ONCE EVERY 12 MONTHS AND WHENEVER CHANGES ARE MADE TO THE INJECTION FLUID. THE PERMIT REQUIRES THE PERMITTEE TO SUBMIT THE RESULTS OF THESE INJECTION FLUID ANALYSES TO EPA ANNUALLY. EPA'S RECORDS FOR THE C.M. HINES W-1 INJECTION WELL INDICATE THAT NO ANNUAL INJECTION FLUID ANALYSIS REPORTS HAVE EVER BEEN SUBMITTED. THEREFORE, THE PERMITTEE IS IN VIOLATION OF THE SDWA, ITS UIC PERMIT AND 40 CFR 144.51(a) FOR FAILURE TO CONDUCT FLUID ANALYSES AND SUBMIT FLUID ANALYSES REPORTS FOR THE C.M. HINES W-1 INJECTION WELL.

Defendants (1)

• J.R. WATTS (SB)Named in complaintNamed in settlement

Facilities (2)

• C.M. HINES #W-1 UIC WELL

  LAT/LONG: 37.66274 / -84.96234, OWENSBORO, KY, 42303

  Registry ID: 110044227155

• ONSTOTT-WINK W-1 UIC WELL

  LAT/LONG: N37.66857 / W-86.95716, OWENSBORO, KY, 42303

  Registry ID: 110045465796

Statutes cited

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

Enforcement conclusions (1)

• J.R. WATTSentered 2012-03-08

  Primary law: SDWA

  Federal penalty: $15,000

Timeline (4 milestones)

• 2012-03-08Final Order Issued
• 2012-03-08Complaint Filed/Proposed Order
• 2012-03-22Enforcement Action Data Entered
• 2013-12-17Enforcement Action Closed