EPA v. ESTES, TONY

Case summary

9/8/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $5,000, DUE WITHIN 60 DAYS. ALLEGATIONS: RESPONDENT IS THE OWNER AND/OR OPERATOR OF THE CLASS II UIC WELL THAT IS SUBJECT TO THIS ORDER. ON MARCH 7, 1990, EPA ISSUED TO GEORGE H. MILLER A UIC PERMIT. ON JAN 1, 2013, RESPONDENT ASSUMED OWNERSHIP AND OPERATIONAL CONTROL OF THE SUBJECT WELL AND BEGAN ACTIVELY INJECTING PRODUCED FLUIDS. THE PERMIT AND THE REGS FOUND AT 40 CFR 144.51(k)(3), STATE THAT THIS PERMIT IS NOT TRANSERABLE TO ANY PERSON W/OUT NOTICE TO THE DIRECTOR. 40 CFR 144.38(b), ALLOWS THAT ANY UIC PERMIT FOR A WELL NOT INJECTING HAZ WASTE OR INJECTING CARBON DIOXIDE FOR GEOLOGIC SEQUESTRATION MAY BE AUTOMATICALLY TRANSFERRED. 40 CFR 144.38(b)(2) REQUIRES THE NEW PERMITTEE TO DEMONSTRATE THE FINANCIAL RESPONSIBILITY AND RESOURCES TO CLOSE, PLUG AND ABANDON THE SUBJECT WELL IN AN EPA-APPROVED MANNER. RESPONDENT, AS THE NEW PERMITTEE, HAS NOT DEMONSTRATED FINANCIAL RESPONSIBLITY AND RESOURCES TO CLOSE, PLUG AND ABANDON THE SUBJECT WELL IN AN EPA-APPROVED MANNER. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA AND 40 CFR 144.38(b)(2) FOR FAILING TO DEMONSTRATE FINANCIAL RESPONSBILITY AND RESOURCES TO CLOSE, PLUG AND ABANDON THE SUBJECT WELL. PERMIT REQUIRES 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. A MIT TEST IS OVERDUE. WAS DONE ON 6/26/07 AND HAS NOT YET BEEN DONE. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA , 40 CFR 146.8 AND THE UIC PERMIT FOR FAILURE TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF THE ACTIVE PERMITTED SUBJECT WELL. PERMIT REQUIRES 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. PERMIT REQUIRES THE PERMITTEE TO SUBMIT THE RESULTS OF INJECTION FLUID ANALYSES TO THE EPA ANNUALLY IN ACCORDANCE WIHT 40 CFR 146.23(c). BASED ON EPA'S RECORDS, INJECTION FLUID ANALYSIS RESULTS WERE NOT SUBMITTED. LAST FLUID ANALYSIS REPORT WAS 4/16/1991. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA, 40 CFR 146.23(b)(1), 146.23(c) AND 144.51(a), AND THE UIC PERMIT FOR FAILURE TO SUBMIT ANNUAL FLUID ANALYSIS RESULTS. PERMIT REQUIRES PERMITTEE TO MONTHLY MONITOR THE INJECTION AND ANNULUS PRESSURES AT THE WELLHEAD, AND TO MONTHLY MONITOR THE FLOW RATE AND THE CUMULUS VOLUME OF THE INJECTED FLUID. PERMIT CONTAINS THE REQUIREMENT TO SUBMIT THE RESULTS OF ALL MONTIORING TO EPA ANNUALLY IN ACCORDANCE WITH 146.23(c) BY JANUARY 28 OF THE SUBSEQUENT YEAR. MONITORING RESULTS WERE NOT TIMELY SUBMITTED. LAST MONITORING REPORT WAS 1996. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA, 40 CFR 146.23(b)(2), 146.23(c) AND 144.51(a) AND THE UIC PERMIT FOR FAILURE TO TIMELY SUBMIT ANNUAL MONITORING REPORTS TO EPA FOR THE ACTIVE PERMITTED WELL. ORDER: A. WITHIN 30 DAYS, RESPONDENT IS ORDERED TO PROVIDE TO EPA THE TRANSFER APPLICATION SHOWING THE PERMIT TRANSFER. B. WITHIN 30 DAYS, RESPONDENT IS ORDERED TO PROVIDE TO EPA WITH THE FINANCIAL RESPONSIBILITY DEMONSTRATION FOR THE SUBJECT WELL, UNLESS RESPONDENT SUBMITS DOCUMENTATION TO DEMONSTRATE THE SUBJECT WELL HAS BEEN PROPERLY CLOSED, PLUGGED AND ABANDONED IN A MANNER PRESCRIBED BY EPA. PLUGGING AND ABANDONMENT MUST BE WITNESSED BY AN EPA-AUTHORIZED INSPECTOR. C. WITHIN 30 DAYS, RESPONDENT IS ORDERED TO PROVIDE CURRENT FLUID ANALYSIS RESULTS. D. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE TO EPA MONITORING REPORTS FOR 2013 AND 2014.

Defendants (1)

• ESTES, TONYNamed in complaintNamed in settlement

Facilities (1)

• HARVEY ESTES #4 UIC WELL

  LAT/LONG: 36.968521 / -85.486995, EDMONTON, KY, 42129

  Registry ID: 110064839572

Statutes cited

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

Enforcement conclusions (1)

• ESTES, TONYentered 2015-09-08

  Primary law: SDWA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2015-09-08Complaint Filed/Proposed Order
• 2015-09-08Final Order Issued
• 2015-09-16Enforcement Action Data Entered
• 2018-01-30Enforcement Action Closed