EPA v. NOLIN RURAL ELECTRIC COOPERATIVE

Case summary

2.2.17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,500, DUE WITHIN 30 DAYS. ALLEGATIONS: ON JULY 16, 2015, RESPONDENT SELF-REPORTED TO EPA THAT IT WAS OPERATING AN UNDERGROUND INJECTION WELL. SUBSEQUENTLY, EPA REVIEWED ITS RECORDS AND DISCOVERED THAT RESPONDENT HAD NOT SUBMITTED AN APPLICATION FOR THE WELL NOR WAS THE WELL AUTHORIZED BY RULE AS THAT TERM IS DEFINED IN 40 CFR 144.21(a). PURSUANT TO 40 CFR 144.21(a) RULE AUTHORIZATION WAS AVAILABLE TO CLASS II INJECTION WELLS THAT WERE IN EXISTENCE PRIOR TO JUNE 25, 1984, THE DATE THE UIC PROGRAM BECAME EFFECTIVE. INFORMATION PROVIDE BY RESPONDENT TO EPA INDICATES THAT RESPONDENT CONSTRUCTED THE SUBJECT WELL IN 2009, THEREFORE THE WELL IS NOT RULE-AUTHORIZED. THE INFO SUBMITTED BY RESPONDENT ALSO SHOWS RESPONDENT HAS BEEN INJECTING INTO THE SUBJECT WELL SINCE JAN 15, 2010, WITHOUT THE REQUIRED UIC PERMIT. ON AUG 6, 2015, EPA CONDUCTED AN INSPECTION OF THE WELL AT FORT KNOX AND THE OPERATOR INDICATED THAT PRODUCED FLUIDS WERE IN THE PAST INJECTED INTO THE SUBJECT WELL. 40 CFR 144.11 PROHIBITS ANY UNDERGROUND INJECTION OR CONSTRUCTION OF AN UNDERGROUND INJECTION WELL THAT IS NOT AUTHORIZED BY RULE NOR BY A PERMIT. RESPONDENT FAILED TO TIMELY SUBMIT AN APPLICATION FORA PERMIT FOR THE SUBJECT WELL; THEREFORE, RESPONDENT IS IN VIOLATION OF PART C OF THE SDWA AND 40 CFR 144.11 FOR UNAUTHORIZED CONSTRUTION OF A UIC WELL AND UNAUTHORIZED UNDERGROUND INJECTION.

Defendants (1)

• NOLIN RURAL ELECTRIC COOPERATIVENamed in complaintNamed in settlement

Facilities (1)

• JILLERS 2 SWD UIC WELL

  LAT/LONG: 37.982317 / -86.010964, WEST POINT, GA, 40177

  Registry ID: 110070044749

Statutes cited

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

Enforcement conclusions (1)

• NOLIN RURAL ELECTRIC COOPERATIVEentered 2017-02-02

  Primary law: SDWA

  Federal penalty: $6,500

Timeline (4 milestones)

• 2017-02-02Complaint Filed/Proposed Order
• 2017-02-02Final Order Issued
• 2017-03-09Enforcement Action Data Entered
• 2017-03-28Enforcement Action Closed