EPA v. LOEB BROTHERS, LLC

Case summary

9/8/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $9,512.23, DUE WITHIN 60 DAYS. ALLEGATIONS: RESPONDENT IS THE OWNER AND/OR OPERATOR OF THE FOLLOWING CLASS II WELLS: H.H. GREGORY #1 CRAFTON-BLAIR#8 CRAFTON-BLAIR #14 MECHANICAL INTEGRITY TESTS (MITs) TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE FOLLOWING ACTIVE RULE-AUTHORIZED SUBJECT WELLS ARE OVERDUE, AS SHOWN BELOW: H.H. GREGORY #1 - MIT DUE, 5/14/08. MIT NOT DONE. CRAFTON-BLAIR #14 - MIT DUE 5/14/08. MIT NOT DONE. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA, 40 CFR 144.28(g)(2)(iv), 146.8 AND 144.28(a) FOR FAILURE TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF THE RULE-AUTHORIZED SUBJECT WELLS. MONITORING RESULTS FOR THE SUBJECT WELLS WERE NOT SUBMITTED, AS SHOWN BELOW: THE REGULATION AT 40 CFR 14428(g)(2)(ii)(B) STATES THAT THE OWNER OR OPERATOR OF A RULE-AUTHORIZED INJECTION WELL IS REQUIRED TO MONITOR THE INJECTION PRESSURE, FLOW RATE AND CUMULATIVE VOLUME OF THE INJECTED FLUID ON A MONTHLY BASIS. 40 CFR 144.28(h)(2)(I) CONTAINS THE REQUIREMENT TO SUBMIT ALL MONITORING RESULTS REQUIRED BY PARAGRAPH (g)(2) TO THE EPA ANNUALLY. H.H. GREGORY #1 - LAST MONITORING REPORT, 2008. CRAFTON-BLAIR - 2008 CRAFTON-BLAIR - 2008 THEREFORE, THE RESPONDENT IS IN VIOLATION OF 40 CFR 144.28(g)(2)(ii)(B), 144(h)(2)(I) and 14428(a) AND THE SDWA, FOR FAILURE TO SUBMIT ANNUAL MONITORING RESULTS FOR THE SUBJECT WELLS.

Defendants (1)

• LOEB BROTHERS, LLC (SB)Named in complaintNamed in settlement

Facilities (3)

• CRAFTON BLAIR #8 UIC WELL

  LAT/LONG: 37.830085 / -87.4560930, HENDERSON, KY, 42420

  Registry ID: 110064837707

• H.H. GREGORY UIC WELL

  LAT/LONG: 37.829200 / -87.432814, HENDERSON, KY, 42420

  Registry ID: 110064837725

• CRAFTON BLAIR #14 UIC WELL

  LAT/LONG: 37.834559 / -87.497950, HENDERSON, KY, 42420

  Registry ID: 110064837716

Statutes cited

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

Enforcement conclusions (1)

• LOEB BROTHERS, LLCentered 2015-09-08

  Primary law: SDWA

  Federal penalty: $9,512

Timeline (4 milestones)

• 2015-09-08Complaint Filed/Proposed Order
• 2015-09-08Final Order Issued
• 2015-09-14Enforcement Action Data Entered
• 2015-10-26Enforcement Action Closed