EPA v. JOHN VOGLER

Case summary

7/19/2012 - CONSENT AGREEMENT AND FINAL ORDER (CAFO) ISSUED, ASSESSING A PENALTY OF $6,000. RESPONDENT SHALL MAKE SIX PAYMENTS. THE FIRST PAYMENT IS DUE WITHIN 90 DAYS OF EFFECTIVE DATE OF THE CAFO. THE LAST PAYMENT IW DUE WITHIN 540 DAYS OF EFFECTIVE DATE OF THE CAFO. ORDER ALLEGES: RESPONDENT IS IN VIOLATIN OF 40 C.F.R. SECTIN 146.8, THE UIC PERMIT AND THE SDWA FOR FAILURE TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF THE ACTIVE PERMITTED SUBJECT. PART I, SECTION C, PARAGRAPH 1(b)(i), OF THE UIC PERMIT, REQUIRED THAT A MAXIMUM INJECTION PRESSURE, MEASURED AT THE WELLHEAD, SHALL NOT EXCEED 425 POUNDS PER SQUARE INCH (PSIG) FOR THE SUBJECT WELL. FIELD INSPECTIONS SHOW THAT THE SUBJECT WELL WAS ACTIVELY INJECTING AT 1200 PSIG DURING ONE INSPECTION AND 1290 PSIG THROUGH THE TUBBING AT THE WELLHEAD DURING A SECOND INSPECTION. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 C.F.R. SECTION 144.51(a), ITS PERMIT AND THE SDWA FOR EXCEEDING THE MAXIMUM ALLOWABLE INJECTION PRESSURE FOR THE SUBJECT WELL. ORDER REQUIRES: RESPONDENT IS ORDERED TO PROVIDE ADVANCE NOTIFICATION AND SUCCESSFULLY DEMONSTRATE THE MECHANICAL INTERGRITY OR CLOSE, PLUG, AND ABANDON THE WITHIN 90 DAYS OF RECEIPT OF THIS ORDER. MECHANICAL INTEGRITY TESTING OR PLUGGING AND ABANDONMENT MUST BE WITNESSED BY AN AUTHORIZED EPA INSPECTOR. RESPONDENT AGREES TO PAY STIPULATED CIVIL PENALTIES FOR VIOLATION OF THE CONDITIONS SET FORTH IN PARAGRAPH 19 ABOVE AS FOLLOWS. FOR FAILURE TO COMPLY WITH THE CONDITION DESCRIBED IN PARAGRAPH 19 ABOVE, RESPONDENT SHALL PAY A STIPULATED CIVIL PENALTY ACCORDING TO THE FOLLOWING SCHEDULE. A. $300 FOR ANY PORTION OF THE FIRST 7 CALENDAR DAYS RESPONDENT IS IN VIOLATION OF THIS AGREEMENT; AND B. $200 PER DAY FOR EACH DAY ATER THE FIRST 7 CALENDAR DAYS RESPONDENT IS IN VIOLATION OF THIS AGREEMENT. STIPULATED PENALTIES SHALL BECOME DUE AND PAYABLE NO LATER THAN 30 DAYS AFTER RECEIPT OF DEMAND FROM EPA.

Defendants (1)

• JOHN VOGLER (SB)Named in complaintNamed in settlement

Facilities (1)

• UIC WELL - RICHARD BIVINS #5

  37.4948, -87.19885, GREENVILLE, KY, 42345

  Registry ID: 110054075978

Statutes cited

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

Enforcement conclusions (1)

• JOHN VOGLERentered 2012-07-19

  Primary law: SDWA

  Federal penalty: $6,000

Timeline (4 milestones)

• 2012-07-19Final Order Issued
• 2012-07-19Complaint Filed/Proposed Order
• 2012-09-15Enforcement Action Data Entered
• 2014-02-14Enforcement Action Closed