EPA v. BLACKHAWK ENERGY, LLC

Case summary

9/20/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $10,500. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: DURING THE MONTH OF FEBRUARY 2016, THE EPA REGION 4 UIC PROGRAM STAFF PERFORMED A FIELD REVIEW OF ITS UIC PROGRAM RECORDS FOR THE SUBJECT WELLS - LUTHER MCINTOSH W-3, LUTHER MCINTOSH W-2, STOVALL-GENET, HUTCH BROWNING. RESPONDENT FAILED TO TIMELY SUBMIT ANNUAL INJECTION FLUID ANALYSIS RESULTS FOR THE SUBJECT WELLS. THEREFORE, RESPONDENT IS IN VIOLATION OF SECTIONS 146.23(b)(1), 146.23(c) AND 144.51(a), AND THE UIC PERMIT NO KYA0345, KYI0935, AND KYI0953 FOR FAILURE TO TIMELY SUBMIT TO THE EPA ANNUAL FLUID ANALYSIS RESULTS. RESPONDENT FAILED TO TIMELY SUBMIT MONITORING RESULTS FOR THE SUBJECT WELL. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA, SECTIONS 146.23(b)(1), 146.23(c) AND 144.51(a), AND THE UIC PERMIT NO KYA0345, KYI0935, AND KYI0953 FOR FAILURE TO TIMELY SUBMIT TO THE EPA ANNUAL MONITORING REPORTS TO THE EPA FOR THE ACTIVE PERMITTED SUBJECT WELLS. BASED ON THE EPA FIELD INSPECTIONS OF 2012, 2014, AND 2015 THE SUBJECT WELL KYS17770011 - CASBIER #9W, HAS BEEN INACTIVE FOR OVER TWO YEARS. THEREFORE, RESPONDENT IS IN VIOLATION OF SDWA, SECTION 144.28(c)(2)(iv), FOR FAILURE TO TIMELY CLOSE, PLUG AND ABANDON THE INACTIVE SUBJECT WELL.

Defendants (1)

• BLACKHAWK ENERGY, LLCNamed in complaintNamed in settlement

Facilities (5)

• HUTCH BROWNING #1 - UIC WELL (BLACKHAWK ENERGY, LLC)

  37.157896 -87.242726, GREENSVILLE, KY, 42345

  Registry ID: 110069550211

• LUTHER MCINTOSH W3 - UIC WELL (BLACKHAWK ENERGY, LLC)

  37.13012 -87.282373, GREENSVILLE, KY, 42345

  Registry ID: 110069549224

• CASEBIER #9W - UIC WELL (BLACKHAWK ENERGY, LLC)

  37.2211336 -87.097184, DRAKESBORO, KY, 42337

  Registry ID: 110069549206

• LUTHER MCINTOSH W2 - UIC WELL (BLACKHAWK ENERGY, LLC)

  37.13218 -87.282922, GREENSVILLE, KY, 87.282922

  Registry ID: 110069549233

• STOVALL-GENET #1 - UIC WELL (BLACKHAWK ENERGY, LLC)

  37.139587 -87.257032, GREENSVILLE, KY, 42345

  Registry ID: 110069549466

Statutes cited

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

Enforcement conclusions (1)

• BLACKHAWK ENERGY, LLCentered 2016-09-20

  Primary law: SDWA

  Federal penalty: $10,500

Timeline (4 milestones)

• 2016-09-20Final Order Issued
• 2016-09-20Complaint Filed/Proposed Order
• 2016-09-22Enforcement Action Data Entered
• 2016-10-27Enforcement Action Closed