EPA v. LOGSDON VALLEY OIL COMPANY, INC.

Case summary

3/13/14 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,000, DUE WITHIN 60 DAYS. DURING A JOINT INSPECTION ON JULY 18, 2012, OF INJECTION WELL IN THE HART COUNTY, KY, AREA, BY THE KY DEPT OF ENVIRONMENTAL PROTECTION (KDEP) AND EPA, IT WAS DISCOVERED THAT PRODUCED FLUIDS FROM OIL PRODUCTION WERE BEING ILLEGALLY INJECTED INTO THE SUBJECT WELL. WHILE INSPECTING THE PAYTON LEASE, OPERATED BY RESPONDENT, INSPECTORS OBSERVED A BURIED 2-INCH PVC INJECTION LINE THAT LED FROM THE TANK BATTERY, WHERE PRODUCED FLUIDS FROM OIL PRODUCTION WERE STORED, TO A WELL CASING. THE INSPECTORS FOUND A RED LID PLACED OVER THE TOP OF THE WELL CASING AND THE LID COVERED WITH WOOD AND BRUSH. AFTER THE INSPECTORS CLEARED THE WOOD AND BRUSH AWAY AND REMOVED THE LID, THEY DISCOVERED THAT PRODUCED FLUIDS FROM OIL PRODUCTION WERE BEING INJECTED INTO THE SUBJECT WELL THROUGH THE BURIED 2-INCH PVC LINE. 40 CFR 144.11 PROHIBITS ANY UNDERGROUND INJECTION EXCEPT INTO A WELL AUTHORIZED BY RULE OR PERMIT ISSUED UNDER THE UIC PROGRAM. THE CONSTRUCTION OF ANY WELL REQUIRED TO HAVE A PERMIT IS PROHIBITED UNTIL THE PERMIT HAS BEEN ISSUED. ANY VIOLATION OF A UIC REG ALSO CONSTITUTES A VIOLATION OF THE SDWA, AS PROVIDED IN PART C OF THE SDWA. A REVIEW OF THE EPA'S RECORDS INDICATED THAT THE SUBJECT WELL WAS NOT RULE AUTHORIZED AS NO INVENTORY INFO HAD BEEN SUBMITTED AS REQUIRED BY 40 CFR 144.26 FOR RULE AUTHORIZATION. EPA'S RECORDS ALSO REVEALED THAT NO PERMIT HAD BEEN ISSUED FOR CONSTRUCTION OF THE SUBJECT WELL NOR HAD A PERMIT APPLICATION BEEN SUBMITTED FOR INJECTION INTO THE SUBJECT WELL. 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. ORDER REQUIRES: WITHIN 90 DAYS, RESPONDENT IS ORDERED TO PROVIDE ADEQUATE DOCUMENTATION THAT THE SUBJECT WELL, THE STINSON #6, (THE WELL USED FOR ILLEGAL INJECTION) IS PLUGGED AND ABANDONED IN A MANNER THAT PROTECTS UNDERGROUND SOURCES OF DRINKING WATER FROM CONTAMINATION; IF THIS DOCUMENTATION CANNOT BE PROVIDED TO EPA, THEN MR. STINSON MUST TAKE APPROPRIATE ACTION TO PLUG AND ABANDON THE STINSON #6 IN ACCORDANCE WITH AN EPA-APPROVED PLUGGING AND ABANDONMENT PLAN. PLUGGING AND ABANDONMENT MUST BE WITNESSED BY AN AUTHORIZED EPA INSPECTOR.

Defendants (1)

• LOGSDON VALLEY OIL COMPANY, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• CHARLES L STINSON #6 UIC WELL

  LAT/LONG:37.19299 / -85.77625, HORSE CAVE, KY, 42749

  Registry ID: 110058290415

Statutes cited

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

Enforcement conclusions (1)

• LOGSDON VALLEY OIL COMPANY, INC.entered 2014-03-13

  Primary law: SDWA

  Federal penalty: $10,000

Timeline (4 milestones)

• 2014-03-13Complaint Filed/Proposed Order
• 2014-03-13Final Order Issued
• 2014-03-17Enforcement Action Closed
• 2014-03-27Enforcement Action Data Entered