EPA v. PETROLEUM DEVELOPMENT GROUP, LLC

Case summary

1/14/2014 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,849.77. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: THE MECHANICAL INTEGRITY DEMONSTRATION FOR THE FOLLOWING ACTIVE PERMITTED SUBJECT WELL (G. R. CRAFTON #4)WAS PERFORMED LATE, AS SHOWN BELOW. THERFORE, THE RESPONDENT IS IN VIOLATION OF 40 CFR SECTION 146.8, THE UIC PERMIT AND THE SDWA FOR FAILURE TO TIMELY DEMONSTRATE THE MECHANICAL INTERGIRTY OF THE ACTIVE PERMITTED SUBJECT WELL, AS SHOWN ABOVE. BASED ON THE EPA'S RECORDS, ANNUAL MONITORING REPORTS FOR THE FOLLOWING ACTIVE PERMITTED SUBJECT WELL ARE OVERDUE, AS SHOWN BELOW: G.R. CRAFTON #4, LUCY P. SANDEFUR #10WI THEREFORE, THE RESPONDENT IS IN VIOLATION OF 40 CFR SECTION 144.51(a), THE UIC PERMITS AND THE SDWA FOR FAILURE TO TIMELY SUBMIT ANNUAL MONITORING REPORTS FOR THE ACTIVE PERMITTED SUBJECT WELLS, AS ABOVE. THE FOLLOWING SUBJECT WELLS (REYNOLDS METALS #5, E.C. ALDERSON #5, JACK KNIGHT #2, CREEK-VINCENT #1, MCELROY #1) WERE IN EXISTENCE ON JUNE 25, 1985, THE EFFECTIVE DATE OF THE UIC PROGRAM IN KENTUCKY AS IMPLEMENTED BY THE EPA, THEREORE ARE AUTHORIZED BY RULE AS THAT TERM IS DEFINED IN 40 CFR SECTION 144.21(a). BASED ON THE EPA'S FIELD INSPECTIONS, THE FOLLOWING RULE-AUTHORIZED SUBJECT WELLS (JACK KNIGHT #2, MCELROY #1) ARE INACTIVE AND HAVE NOT BEEN PLUGGED, CLOSED AND ABANDONED. THE INACTIVE RULE-AUTHORIZED SUBJECT WELLS ARE OVERDUE FOR THE MECHANICAL INTEGRITY DEMONSTRATIONS, AS SHOWN BELOW. THERFORE, RESPONDENT IS VIOLATION 40 CFR SECTION 144.28(c)(2)(iv) AND THE SDWA, FOR FAILING TO CLOSE, PLUG AND ABANDON OR TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE INACTIVE RULE-AUTHORIZED SUBJECT WELLS, AS SHOWN ABOVE. BASED ON THE EPA'S RECORDS, MONITORING RESULTS FOR THE FOLLOWING SUBJECT WELLS (REYNOLDS METALS #5-A, E.C. ALDERSON #5, MCELROY #1, JACK KNIGHT #2, CREEK-VINCENT #1) ARE OVERDUE, AS SHOWN BELOW. THEREFORE, THE RESPONDENT IS IN VIOLATION OF 40 CFR SECTION 144.28(h)(2)(i) AND THE SDWA FOR FAILURE TO SUBMIT ANNUAL MONITORING RESULTS FORTHE SUBJECT WELLS, AS SHOWN ABOVE. ON OCTOBER 17, 2012, A MECHANICAL INTEGRITY TEST WAS PERFORMED ON THE FOLLOWING ACTIVE RULE-AUTHORIZED SUBJECT WELL. THE SUBJECT WELL FAILED THE TEST AND THE MECHANICAL INTEGRITY OF THE SUBJECT WELL HAS NOT YET BEEN DEMONSTRATED BELOW. E.C. ALDERSON #5 THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR SECTION 146.8 AND THE SDWA FOR FAILING TO ESTABLISH AND MAINTAIN THE MECHANICAL INTEGRITY OF THE ACTIVE RULE-AUTHORIZED SUBJECT WELL, AS SHOWN ABOVE.

Defendants (3)

• BRIAN REYNOL.DS (SB)Named in complaintNamed in settlement
• PETROLEUM DEVELOPMENT GROUP, LLC (SB)Named in complaintNamed in settlement
• STEPHEN B. MILLER (SB)Named in complaintNamed in settlement

Facilities (7)

• REYNOLDS METALS #5A - UIC WELL (PETROLEUM DEV. GROUP)

  37.70989 -87.41544, HENDERSON, KY, 42420

  Registry ID: 110057186780

• CREEK-VINCENT #1 - UIC WELL (PETROLEUM DEV. GROUP)

  37.24416 -87.23834, GREENVILLE, KY, 42345

  Registry ID: 110057184470

• UIC WELL - LUCY P. SANDEFUR #10WI (PETROLEUM DEV. GROUP)

  37.265147 87.38759, CALHOUN, KY, 42327

  Registry ID: 110057186735

• E.C. ALDERSON #5 - UIC WELL (PETROLEUM DEV. GROUP)

  37.70989 -87.41544, HENDERSON, KY, 42420

  Registry ID: 110057186799

• JACK KNIGHT #2 - UIC WELL (PETROLEUM DEV. GROUP)

  37.69063 -87.49938, HENDERSON, KY, 42420

  Registry ID: 110057184461

• MCELROY #1 - UIC WELL (PETROLEUM DEV. GROUP)

  36.69257 -87.5003, HENDERSON, KY, 42420

  Registry ID: 110057184489

• G. R. CRAFTON #4 - UIC WELL (PETROLEUM DEV. GROUP)

  37.69307 -87.50130, HENDERSON, KY, 42420

  Registry ID: 110057186753

Statutes cited

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

Enforcement conclusions (1)

• PETROLEUM DEVELOPMENT GROUP, LLCentered 2014-01-14

  Primary law: SDWA

  Federal penalty: $11,850

Timeline (4 milestones)

• 2014-01-14Final Order Issued
• 2014-01-14Complaint Filed/Proposed Order
• 2014-02-21Enforcement Action Data Entered
• 2014-04-01Enforcement Action Closed