EPA v. B&J OIL COMPANY, INC.

Case summary

9/8/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENLATY OF $5,000, DUE WITHIN 60 DAYS. ALLEGATIONS: RESPONDENT IS THE OWNER AND/OR OPERATOR OF THE TWO SUBJECT WELLS. ON OCT 16, 2006, EPA ISSUED TO TRI GLOBAL HOLDINGS, LLC, A UIC PERMIT. ON DEC 11, 2012, THE PERMIT WAS MODIFIED TO REFLECT THE TRANSFER TO RESPONDENT. ON DEC 7, 2009, EPA ISSUED TO RESPONDENT A UIC PERMIT. THE PERMIT REQUIRES THAT A DEMONSTRATION OF MECHANICAL INTEGRITY BE MADE NO LATER THAN 5 YEARS FROM THE LAST APPROVED DEMONSTRATION. A MECHANICAL INTEGRITY TEST (MIT) TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE FOLLOWING ACTIVE PERMITTED SUBJECT WELL WAS PERFORMED LATE: VERNON KETCHUM #2 - MIT DUE, 10/6/11; MIT DONE, 10/23/12. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA, 40 CFR 146.8, AND THE PERMIT FOR FAILURE TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF THE ACTIVE PERMITTED SUBJECT WELL. THE UIC PERMITS REQUIRE THE PERMITTEE TO CONDUCT AN INJECTION FLUID ANALYSIS IN ACCORDANCE WITH 40 CFR 146.23(b)(1) AT LEAST ONCE EVERY 12 MONTHS AND WHENEVER CHANGES ARE MADE TO THE INJECTION FLUID. THE PERMITS REQUIRE THE PERMITTEE TO SUBMIT THE RESULTS OF INJECTION FLUID ANALYSES TO EPA ANNUALLY IN ACCORDANCE WITH 40 CFR 146.23(c). BASED ON EPA'S RECORDS, INJECTION FLUID ANALYSIS RESULTS FOR THE FOLLOWING ACTIVE PERMITTED SUBJECT WELLS WERE NOT SUBMITTED: VERNON KETCHUM #2 - LAST FLUID ANALYSIS REPORT 7/5/06; BRUCE CUNDIFF #7R - LAST FLUID ANALYSIS REPORT, NONE. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA, 40 CFR 146.23(b)(1) AND 144.51(a), AND THE UIC PERMITS FOR FAILIURE TO SUBMIT FLUID ANALYSES.

Defendants (1)

• B&J OIL COMPANY, INC. (SB)Named in complaintNamed in settlement

Facilities (2)

• VERNON KETCHUM #2

  LAT/LONG: 37.124906 / -85.58119, EDMONTON, KY, 42743

  Registry ID: 110064841220

• BRUCE CUNDIFF #7R

  LAT/LONG: 37.078398 / -85.58119, EDMONTON, KY, 42728

  Registry ID: 110064841239

Statutes cited

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

Enforcement conclusions (1)

• B&J OIL COMPANY, INC.entered 2015-09-08

  Primary law: SDWA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2015-09-08Final Order Issued
• 2015-09-08Complaint Filed/Proposed Order
• 2015-09-16Enforcement Action Data Entered
• 2016-12-01Enforcement Action Closed