EPA v. GRAVES, JOSEPH WAYNE

Case summary

4/17/14 - CEASE INJECTION ORDER ISSUED. ON JAN 4, 2010, RESPONDENT SUBMITTED A PERMIT APPLICATION FOR SUBJECT WELL. BY LETTER DATED FEB 8, 2010, EPA INFORMED RESPONDENT THAT THE PERMIT WOULD BE DEEMED ADMINISTRATIVELY INCOMPLETED UNTIL FINANCIAL RESPONSIBILITY COVERAGE IN THE AMOUNT OF $3,700 HAS BEEN PROVIDED. DURING A ROUTING INPSECTION BY THE EPA-AUTHORIZED UIC FIELD INSPECTOR ON OCT 6, 2010, THE SUBJECT WELL WAS FOUND TO BE ACTIVELY INJECTING WITH A TUBING PRESSUR OF 230 POUNDS PER SQUARE INCH (PSIG). DURING A SECOND ROUTING INSPECTION ON FEB 20, 2012, THE SUBJECT WELL WAS AGAIN ACTIVELY INJECTING WITH A TUBING PRESSURE OF 125 PSIG. AND THE WELL WAS FOUND TO BE ACTIVELY INJECTING DURING A THIRD ROUTING INSPECTION ON MARCH 13, 2013. WHEN A REVIEW OF EPA'S RECORDS WAS CONDUCTED, IT WAS DISCOVERED THAT NO FINNCIAL RESPONSIBILITY COVERAGE WAS EVER PROVIDED TO EPA BY RESPONDENT FOR SUBJECT WELL. THE RECORDS ALSO REVEALED THAT NO FINAL PERMIT WAS ISSUED FOR CONSTRUCTION OF THE SUBJECT WELL, NOR WAS ANY OTHER 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. 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. ORDER: 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)

• GRAVES, JOSEPH WAYNENamed in settlement

Facilities (1)

• ANNIE SANDEFUR #3 UIC WELL

  LAT/LONG: 37.70843 / -87.31248, OWENSBORO, KY, 42302

  Registry ID: 110058917542

Statutes cited

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

Enforcement conclusions (1)

• GRAVES, JOSEPH WAYNEentered 2014-04-17

  Primary law: SDWA

Timeline (2 milestones)

• 2014-04-17Final Order Issued
• 2014-05-01Enforcement Action Data Entered