EPA v. DUNCAN OIL COMPANY

Case summary

1/8/2013 - CONSENT AGREEMENT AND FINAL ORDER (CAFO) ISSUED, ASSESSING A PENALTY OF $28,391. RESPONDENT SHALL MAKE PAYMENT WITHIN 60 DAYS OF RECEIPT OF A FULLY-EXECUTED COPY OF THIS CAFO. ORDER ALLEGES: RESPONDENT IS IN VIOLATION OF 40 CFR SECTION 146.8, THE UIC PERMITS AND THE SDWA FOR FAILING TO HAVE AN MAINTAIN THE MECHANICAL INTEGRITY OF THE ACTIVE WELLS; C. BRECKINRIDGE #17. #9, #29, AND #25. PART II, SECTION G, PARAGRAPH 3, OF THE UIC PERMIT, REQUIRES THAT A DEMONSTRATION OF MECHANICAL INTEGRITY IN ACCORDANCE WITH 40 CFR SECTION 146.8 BE MADE NO LATER THAN 5 YEARS FROM THE LAST APPROVED DEMONSTRATION. THE MECHANICAL INTEGRITY DEMONSTRATIONS FOR THE FOLLOWING ACTIVE PERMITTED SUBJECT WELLS ARE OVERDUE OR WERE PERFORMED LATE, C. BRECKINRIDGE #5, #12, #17, AND #19. THEREFORE, THE RESPONDENT IS IN VIOLATION OF 40 CFR SECTION 146.8, THE UIC PERMITS AND THE SDWA FOR FAILING TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF THE ACTIVE PERMITTED SUBJECT WELLS.

Defendants (1)

• DUNCAN OIL COMPANY (SB)Named in complaintNamed in settlement

Facilities (7)

• C. BRECKINRIDGE #12 UIC WELL (DUNCAN OIL COMPANY)

  LAT/LONG: 37.66105 / -87.74018, HENDERSON, KY, 42420

  Registry ID: 110041882148

• C. BRECKINRIDGE #5 UIC WELL (DUNCAN OIL CO.)

  37.65599 -87.73797, HENDERSON, KY, 42420

  Registry ID: 110055112453

• C. BRECKINRIDGE #17 UIC WELL (DUNCAN OIL COMPANY)

  LAT/LONG: 37.65668 / -87.73988, HENDERSON, KY, 42420

  Registry ID: 110041882175

• C. BRECKINRIDGE #9 UIC WELL (DUNCAN OIL COMPANY)

  LAT/LONG: 37.66105 / -87.74018, HENDERSON, KY, 42420

  Registry ID: 110041882139

• C. BRECKINRIDGE #29 UIC WELL (DUNCAN OIL CO.)

  37.656681 -87.74952, HENDERSON, KY, 42420

  Registry ID: 110055112435

• C. BRECKINRIDGE #25 UIC WELL (DUNCAN OIL WELL)

  LAT/LONG: 37.65321 / -87.74203, HENDERSON, KY, 42420

  Registry ID: 110041882157

• C. BRECKINRIDGE #19 UIC WELL (DUNCAN OIL CO.)

  37.65836 -87.74444, HENDERSON, KY, 42420

  Registry ID: 110055112462

Statutes cited

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

Enforcement conclusions (1)

• DUNCAN OIL COMPANYentered 2013-01-08

  Primary law: SDWA

  Federal penalty: $28,391

Timeline (3 milestones)

• 2013-01-08Complaint Filed/Proposed Order
• 2013-01-08Final Order Issued
• 2013-02-11Enforcement Action Data Entered