EPA v. SWO & ISM, LLC

Case summary

8/8/13 - CEASE INJECTION ORDER ISSUED. ALLEGATIONS: A PERMIT APPLICATION FOR THE SUBJECT WELL WAS RECEIVED BY EPA ON NOV 12, 2012. THE APPLICATION WAS REVIEWED AND A DRAFT PERMIT WAS PROPOSED BY EPA ON MARCH 6, 2013. THE PUBLIC NOTICE FOR THIS DRAFT PERMIT WAS DATED MARCH 19, 2013. THE PUBLIC NOTICE AND COMMENT PERIOD ENDED APR 29, 2013. DURING THE PUBLIC NOTICE COMMENTS WERE RECEIVED BY EPA CONCERNING PRODUCTION WELLS IN THE AREA OF REVIEW OF THE PERMIT FOR THE SUBJECT WELL. BASED ON THE COMMENTS RECEIVED DURING THE PUBLIC NOTICE, EPA DIRECTED ITS AUTHORIZED FIELD INSPECTOR TO GO TO THE SITE AND INSPECT ALL WELLS IN THE AREA OF REVIEW. THESE INSPECTIONS WERE CONDUCTED ON MAY 30, 2013. THE MAY 30, 2013 INSPECTION REVEALED THAT THERE WERE ABANDONED UNPLUGGED PRODUCTION WELLS WITHIN THE AREA OF REVIEW OF THE SUBJECT WELL. THESE UNPLUGGED PRODUCTION WELLS COULD POSE A DANGER TO ANY UNDERGROUND SOURCES OF DRINKING WATER USDWs) IN THE AREA, BY CREATING PATHWAYS FOR FLUID MIGRATION. BASED ON THE INFO OBTAINED FROM THE INSPECTIONS OF MAY 30, 2013, THE EPA REQUESTED RESPONDENT TO PROVIDE ADD'L DOCUMENTATION ON THE STATUS OF ALL PRODUCTION WELLS IN THE AREA OF REVIEW OF THE SUBJECT WELL AND/OR PERFORM CORRECTIVE ACTIONS TO PREVENT FLUID MIGRATION. RESPONDENT DID NOT SUBMIT THE INFO REQUESTED BY THE EPA NOR DID RESPONDENT PERFORM CORRECTIVE ACTIONS TO ENSURE THAT INEJCTION ACTIVITIES WOULD NOT CAUSE FLUID MIGRATION INTO USDWs IN THE AREA. EPA-AUTHORIZED FIELD INSPECTOR CONDUCTED A FOLLOW UP INSPECTION ON JUNE 21, 2013, AND FOUND THAT BRINE WAS BEING INJECTED INTO THE SUBJECT WELL, WITH A TUBING PRESSURE OF 395 PSIG (POUNDS PER SQUARE INCH) AND A PUMP PRESSURE OF 395 PSIG). EPA HAS NOT RECEIVED THE REQUESTED DOCUMENTATION NEEDED TO RENDER A FINAL PERMIT DECISION. NO FINAL PERMIT HAS YET BEEN ISSUED FOR CONSTRUCTION OF THE SUBJECT WELL, NOR HAS AUTHORIZATION BEEN GIVEN BY EPA FOR THE INJECTION OF FLUIDS INTO THE SUBJECT WELL. RESPONDENT IS IN VIOLATION OF PART C OF THE SDWA AND 40 CFR 144.11 FOR UNAUTHORIZED CONSTRUCTION OF AN UNDERGROUND INJECTION WELL AND UNAUTHORIZED UNDERGROUND INJECTION. ORDER REQUIRES: RESPONDENT IS HEREBY ORDER TO IMMEDIATELY CEASE INJECTION INTO THE SUBJECT WELL AND REMOVE THE INJECTION LINE, PURSUANT TO THE REGULATION AT 40 CFR 144.11, WHICH PROHIBITS UNAUTHORIZED UNDERGROUND INJECTION AND PROHIBITS UNAUTHORIZED CONSTRUCTION OF AN UNDERGROUND INJECTION WELL.

Defendants (1)

• SWO & ISM, LLC (SB)Named in settlement

Facilities (1)

• HENSON #H-15 UIC WELL

  LAT/LONG: 36.78612 / -85.46659, TOMKINSVILLE, KY, 42167

  Registry ID: 110055644469

Statutes cited

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

Enforcement conclusions (1)

• SWO & ISM, LLCentered 2013-08-13

  Primary law: SDWA

Timeline (2 milestones)

• 2013-08-13Final Order Issued
• 2013-09-28Enforcement Action Data Entered