EPA v. SWO & ISM, LLC

Case summary

8/8/13 - CEASE INJECTION ORDER ISSUED. ON JUNE 21, 2013, EPA DISCOVERED THE SUBJECT WELL ACTIVELY INJECTING BRINE WITH A PUMP PRESSURE OF 10 PSIG (POUNDS PER SQUARE INCH). A REVIEW OF THE EPA'S RECORDS REVEALED NO PERMIT HAD BEEN ISSUED FOR CONSTRUCTION OF THE SUBJECT WELL NOR HAD A PERMIT APPLICATION BEEN SUBMITTED FOR INJECTION INTO THE SUBJECT WELL. THE EPA'S RECORDS ALSO INDICATED THAT THE SUBJECT WELL WAS NOT RULE AUTHORIZED AS NO INVENTORY INFORMATION FOR THE SUBJECT WELL HAD NOT BEEN SUBMITTED AS REQUIRED BY 40 CFR 144.26 FOR RULE AUTHORIZATION. 40 CFR 144.11 PROHIBITS ANY UNDERGROUND INJECTION OR CONSTRUCTION OF AN UNDERGROUND INJECTION WELL THAT IS NOT AUTHORIZED BY RULE OR BY AN ISSUED PERMIT. ANY VIOLATION OF A UIC REGULATION ALSO CONSTITUTES A VIOLATION OF THE SDWA, AS PROVIDED IN PART C OF THE SDWA. THEREFORE, 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.

Defendants (1)

• SWO & ISM, LLCNamed in settlement

Facilities (1)

• JOHANNA HAYS #H-3 UIC WELL

  LAT/LONG: 36.82011 / -85.75012, SUMMER SHADE, KY, 42166

  Registry ID: 110055644432

Statutes cited

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

Enforcement conclusions (1)

• SWO & ISM, LLCentered 2013-08-08

  Primary law: SDWA

Timeline (2 milestones)

• 2013-08-08Final Order Issued
• 2013-08-22Enforcement Action Data Entered