EPA v. HUNTER DISPOSAL, LLC

Case summary

9/8/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $31,000 DUE WITHIN 60 DAYS. ALLEGATIONS: RESPONDENT IS THE OWNER AND/OR OPERATOR OF THE CLASS II UIC WELL THAT IS SUBJECT TO THE ORDER: MINNIE HILL #1D RESPONDENT'S PERMIT REQUESTS 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 MECHANICAL INTEGRITY TEST (MIT) TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE FOLLOWING ACTIVE PERMITTED SUBJECT WELL IS OVERDUE: MINNIE HILL #1D - MIT DUE, 2/11/14. MIT NOT YET DONE. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA, 40 CFR 146.8 AND 144.51(a), 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 EPA ANNUALLY IN ACCORDANCE WITH 40 CFR 146.23(c). BASED ON EPA'S RECORDS, ANNUAL INJECTION FLUID ANALYSIS RESULTS FOR THE WELL WERE NOT TIMELY SUBMITTED AS SHOWN BELOW: MINNIE HILL #1D - LAST FLUID ANALYSIS REPORT - 3/10/10. 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 TIMELY SUBMIT TO THE EPA ANNUAL FLUID ANALYSIS RESULTS AS SHOWN ABOVE. PERMIT REQUIRES THE PERMITTEE TO WEEKLY MONITOR THE INJECTION AND ANNULUS PRESSURES AT THE WELLHEAD, TO WEEKLY MONITOR THE FLOW RATE AND TO MONTHLY MONITOR THE CUMULATIVE VOLUME OF THE INJECTED FLUID. PERMIT CONTAINS THE REQUIREMENT TO SUBMIT THE RESULTS OF ALL MONITORING TO EPA ANNUALLY IN ACCORDANCE WITH 40 CFR 146.23(c) BY JAN 30 OF THE SUBSEQUENT YEAR. MONITORING RESULTS FOR THE FOLLOWING WELL WERE NOT TIMELY SUBMITTED, AS SHOWN BELOW: MINNIE HILL #1D - LAST MONITORING REPORT, YEAR 2012. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA, 40 CFR 146.23(b)(2), 146.23(c), AND 144.51(a) AND THE PERMIT FOR FAILURE TO TIMELY SUBMIT ANNUAL MONITORING REPORTS TO EPA FOR THE ACTIVE PERMITTED SUBJECT WELL, AS SHOWN ABOVE.

Defendants (1)

• WHITNEY OIL & GAS CO., LLC (SB)Named in complaintNamed in settlement

Facilities (1)

• MINNIE HILL #1D UIC WELL

  LAT/LONG: 37.615361 / -83.619833, BEATTYVILLE, KY, 41311

  Registry ID: 110064839206

Statutes cited

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

Enforcement conclusions (1)

• HUNTER DISPOSAL, LLCentered 2015-09-08

  Primary law: SDWA

  Federal penalty: $31,000

Timeline (4 milestones)

• 2014-12-18Enforcement Action Data Entered
• 2015-09-08Complaint Filed/Proposed Order
• 2015-09-08Final Order Issued
• 2018-05-15Enforcement Action Closed