EPA v. SWO & ISM, LLC

Case summary

6/24/14 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,889.81, DUE WITHIN 30 DAYS. ALLEGATIONS: A PERMIT APPLICATION FOR THE SUBJECT WELL WAS RECEIVED BY EPA ON NOV 12, 2012. A DRAFT PERMIT WAS PROPOSED BY EPA ON MARCH 6, 2013. THE PUBLIC NOTICE FOR THIS DRAFT PERMIT WAS DATED MAR 19, 2013. THE PUBLIC NOTICE AND COMMENT PERIOD ENDED APR 29,2013. FOLLOWING THE PUBLIC NOTICE, COMMENTS WERE RECEIVED BY EPA CONCERNING PRODUCTION WELLS IN THE AREA OF REVIEW OF THE PERMIT FOR THE SUBJECT WELL. EPA DETERMINED THESE PRODUCTION WELLS COULD POSE A DANGER TO ANY UNDERGROUND SOURCES OF DRINKING WATER (USDWs) IN THE AREA, BY CREATING PATHWAYS FOR FLUID MIGRATION. 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. BASED ON THE INFO OBTAINED FROM THE INSPECTIONS OF MAY 30, 2013, EPA REQUESTED RESPONDENT TO PROVIDE DOCUMENTATION ON THE STATUS OF PRODUCTION WELLS IN THE AREA OF REVIEW AND/OR TO PERFORM CORRECTIVE ACTIONS TO PREVENT FLUID MIGRATION. RESPONDENT DID NOT SUBMIT THE REQUESTED INFO NOR DID RESPONDENT PERFORM THE CORRECTIVE ACTIONS. THE 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. NO FINAL PERMIT WAS ISSUED FOR CONSTRUCTION OF THE SUBJECT WELL, NOR WAS AUTHORIZATION GIVEN BY EPA FOR THE INJECTION OF FLUIDS INTO THE SUBJECT WELL. 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. THE CONSTRUCTION OF ANY WELL REQUIRED TO HAVE A PERMIT IS PROHIBITED UNTIL THE PERMIT HAS BEEN ISSUED. 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, LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• HENSON #H-15

  LAT/LONG: 36.78612 / -85.46659, BURKESVILLE, KY, 42717

  Registry ID: 110059791694

Statutes cited

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

Enforcement conclusions (1)

• SWO & ISM, LLCentered 2014-06-24

  Primary law: SDWA

  Federal penalty: $5,890

Timeline (4 milestones)

• 2014-06-24Final Order Issued
• 2014-06-24Complaint Filed/Proposed Order
• 2014-07-08Enforcement Action Data Entered
• 2014-09-05Enforcement Action Closed