EPA v. GILBERT EDWARDS GARAGE & TOWING

Case summary

7/30/15 - ADMINISTRATIVE ORDER ISSUED. BASED ON EPA'S RECORDS, RESPONDENT IS THE OWNER AND/OR OPERATOR OF THE COLLOWING CLASS V MOTOR VEHICLE WASTE DISPOSAL WELL: KYV1990332, GILBERT EDWARDS GARAGE, CLASS V: MOTOR VEHICLE WASTE DISPOSAL WELL. DURING A FIELD INSPECTION CONDUCTED ON APR 2, 2007, APR 18, 2011, AND SEPT 4, 2012, EPA INSPECTORS FOUND FLOOR DRAINS OPEN, CONNECTED TO A SUBSURFACE DISTRIBUTION SYSTEM THAT WAS ACCEPTING FLUIDS FROM VEHICULAR REPAIR AND/OR MAINTENANCE ACTIVITIES. THE SDWA AND 40 CFR 144.84(b)(2), 144.85(b) AND 144.88(b), REQUIRE THE OWNER/OPERATOR OF EXISTING MOTOR VEHICLE WASTE DISPOSAL WELLS (OPERATIONAL OR UNDER CO NSTRUCTION BY APRIL 5, 2000) TO PROPERLY CLOSE THE WELL OR OBTAIN A PERMIT BY JAN 1, 2007. BASED ON EPA'S FILE REVIEW, RESPONDENT FAILED TO CLOSE THE SUBJECT WELL OR OBTAIN A PERMIT BY JAN 1, 2007. AND AS DOCUMENTED DURING EPA'S FIELD INSPECTIONS RESPONDENT CONTINUES TO INJECT WASTE INTO THE WELL. PURSUANT TO 40 CFR 144.11, UNDERGROUND INJECTION IS PROHIBITED FOR ANY WELL THAT IS NOT AUTHORIZED BY RULE OR BY AN ISSUED PERMIT. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR 144.11, 144.84(b)(2), 144.85(B), 144.88)b)(1)(iv) AND PART C OF THE SDWA FOR FAILING TO OBTAIN A PERMIT OR TO PROPERLY LCOSE THE SUBJECT WELL BY JAN 1, 2007 AND FOR UNAUTHORIZED UNDERGROUND INJECTION.

Defendants (1)

• GILBERT EDWARDS GARAGE & TOWINGNamed in settlement

Facilities (1)

• GILBERT EDWARDS GARAGE AND TOWING

  86 BABE BOULEVARD, SOMERSET, KY, 42503

  Registry ID: 110064694059

Statutes cited

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

Enforcement conclusions (1)

• GILBERT EDWARDS GARAGE & TOWINGentered 2015-07-30

  Primary law: SDWA

Timeline (2 milestones)

• 2015-07-30Final Order Issued
• 2015-08-10Enforcement Action Data Entered