EPA v. HAR-KEN AGENT OK, LLC

Case summary

9/8/15 CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,000, DUE WITHIN 60 DAYS. ALLEGATIONS: RESPONDENT IS THE OWNER AND/OR OPERATOR OF THE 4 CLASS II UIC WELLS THAT ARE SUBJECT TO THIS ORDER. ON DEC 26, 2985, EPA ISSUED TO CENTURY OIL CO A UIC PERMIT. ON NOV 22, 2004, THE PERMIT WAS MODIFIED TO REFLECT THE TRANSFER TO RESPONDENT. ON AUG 9, 2007, EPA ISSUED ANOTHER PERMIT. ON NOV 17, 2006, EPA ISSUED ANOTHER PERMIT. ON DEC 21, 2010, EPA ISSUED ANOTHER PERMIT. THE SDWA AND 40 CFR 144.51(a) REQUIRE THE PERMITTEE OF A PERMITTED UIC WELL TO COMPLY WITH ALL CONDITIONS OF THEIR PERMIT. THE PERMITS REQUIRE THAT A DEMONSTRATION OF MECHANICAL INTEGRITY IN ACCORDANCE WITH 40 CFR 146.8 BE MADE NO LATER THAN 5 YEARS FROM THE LAST APPROVED DEMONSTRATION. MECHANICAL INTEGRITY TESTS (MITs) TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE FOLLOWING PERMITTED USBJECT WELLS WERE PERFORMED LATE: COOPER #2 - MIT DUE 8/1/11; MIT DONE 5/12/15; BRACKETT #3 - MIT DUE 7/3/12; MIT DONE 5/12/15; TAPP #1 - MIT DUE 4/16/12; MIT DONE 5/12/15. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA, 40 CFR 146.8 AND 144.51(a) AND THE UIC PERMITS FOR FAILURE TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF THE PERMITTED WELLS. PERMITS REQUIRES THE PERMITTEE TO CONDUCT AN INJECTION FLUID ANALYSIS IN ACCORDANCE WITH 40 CFR 146.23(b)(1) AT LEAST ONCE EVERY 12 MONTH AND WHENEVER CHANGES ARE MADE TO THE INJECTION FLUID. 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, ANNUAL INJECTION FLUID ANALYSIS RESULTS FOR THE FOLLOWING ACTIVE PERMITTED SUBJECT WELLS WERE NOT TIMELY SUBMITTED: COOPER #2, LAST: JAN 10, 2004; BRACKETT #3, LAST: NONE; TAPP#1, LAST: NONE; NEWTON #W1, LAST: NONE. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SWA, 40 CFR 146.23(b)(1), 146.23(c), AND 144.51(a) AND THE UIC PERMITS FOR FAILURE TO TIMELY SUBMIT ANNUAL FLUID ANALYSIS RESULTS TO EPA.

Defendants (1)

• HAR-KEN AGENT OK, LLCNamed in complaintNamed in settlement

Facilities (4)

• COOPER #2 UIC WELL

  LAT/LONG: 37.750786 / -87.541423, HENDERSON, KY, 42420

  Registry ID: 110064837574

• TAPP #1 UIC WELL

  LAT/LONG: 37.595150 / -87.613200, DIXON, KY, 42409

  Registry ID: 110064837565

• BRACKETT #3 UIC WELL

  LAT/LONG: 37.661730 / -87.645060, HENDERSON, KY, 42420

  Registry ID: 110064837556

• NEWTON #1 UIC WELL

  LAT/LONG: 37.603260 / -87.601460, DIXON, KY, 42409

  Registry ID: 110064840882

Statutes cited

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

Enforcement conclusions (1)

• HAR-KEN AGENT OK, LLCentered 2015-09-08

  Primary law: SDWA

  Federal penalty: $9,000

Timeline (4 milestones)

• 2015-09-08Complaint Filed/Proposed Order
• 2015-09-08Final Order Issued
• 2015-09-09Enforcement Action Closed
• 2015-09-18Enforcement Action Data Entered