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

Case summary

7/5/2012 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $3,000. RESPONDENT SHALL MAKE PAYMENT WITHIN SIXTY DAYS. ORDER ALLEGES: DURING INSPECTIONS ON FEBRUARY 17, 2011, AND MARCH 28, 2011, THE EPA INSPECTOR OBSERVED PRODUCED FLUIDS FROM AN OIL/WATER SEPARATOR BEING INJECTED INTO THE SUBJECT WELL. 40 C.F.R. SECTION 144.11 PROHIBITS ANY UNDERGROOUND INJECTION OR CONSTRUCTION OF AN UNDERGROUND INJECTION WELL THAT IS NOT AUTHORIZED BY RULE OR BY AN ISSUED PERMIT. NO AUTHORIZATION HAD BEEN GIVEN FOR THE UNDERGROUND INJECTION OF FLUIDS INTO THE SUBJECT WELL NOR HAD A PERMIT BEEN ISSUED ALLOWING CONSTRUCTION OF THE SUBJECT WELL. RESPONDENT VIOLATED PART C OF THE SDWA, 42 U.S.C. SECTION 300j et seq., AND 40 C.F.R. SECTION 144.11 FOR UNAUTHORIZED CONSTRUCTION OF AN INJECTION WELL AND UNAUTHORIZED UNDERGROUND INJECTION. RESPONDENT LATER PROVIDED THE PROPER DEMONSTRATION OF FINANCIAL RESPONSIBLITY AND RESOURCES TO CLOSE, PLUG AND ABANDON THE SUJECT WELL, DATED NOVEMBER 11, 2011. THE PERMIT FOR THE SUBJECT WAS ISSUED WITH AN EFFECTIVE DATE OF DECEMBER 22, 2011. ON SEPTEMBER 19, 2011, AND APRIL 3, 2012, RESPONDENT PARTICIPATED IN SHOW CAUSE HEARINGS WITH REPRESENTATIVES SOF THE EPA TO DISCUSS VIOLATIONS OF THE SDWA AND THE IMPLEMENTING REGULATIONS.

Defendants (1)

• DAVID J. PETERS (SB)Named in complaintNamed 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 2012-07-05

  Primary law: SDWA

  Federal penalty: $3,000

Timeline (4 milestones)

• 2012-07-05Final Order Issued
• 2012-07-05Complaint Filed/Proposed Order
• 2012-07-13Enforcement Action Data Entered
• 2012-07-31Enforcement Action Closed