EPA v. RIVER VIEW COAL, LLC

Case summary

06-15-2020 ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT DURING THE MONTH OF DECEMBER 2018, THE EPA REGION 4 UIC PROGRAM STAFF CONDUCTED FIELD INSPECTIONS OF THE SUBJECT WELLS AND DETERMINED THE SUBJECT WELLS APPEARED TO HAVE BEEN PLUGGED AND ABANDONED. HOWEVER, RESPONDENT DID NOT SUBMIT DOCUMENTATION TO CONFIRM PROPER PLUGGING AND ABANDONMENT. RESPONDENT'S PERMIT EXPIRED ON NOVEMBER 18, 2014; HOWEVER, ACCORDING TO THE EPA'S FILE REVIEW, RESPONDENT INJECTED INTO THE SUBJECT WELLS DURING THE MONTH OF DECEMBER 2014. THE EPA FINDS THAT RESPONDENT VIOLATED THE SDWA AND 40 C.F.R. 144.11 AND 144.31(A) BY FAILING TO OBTAIN A NEW PERMIT AND BY CONDUCTING UNAUTHORIZED INJECTION ACTIVITIES AFTER THE EXPIRATION DATE OF THE PERMIT. SUBJECT WELL EPA ID NOS. KYV2250079 AND KYV2250100 APPEARED TO HAVE BEEN PLUGGED AND ABANDONED AFTER THE PERMIT EXPIRED ON NOVEMBER 18, 2014, BUT THE WELLS LACK SUFFICIENT DOCUMENTATION TO CONFIRM THE WELLS HAD BEEN PLUGGED AND ABANDONED IN A MANNER THAT PROHIBITS THE MOVEMENT OF FLUID INTO UNDERGROUND SOURCES OF DRINKING WATER, IN VIOLATION OF 40 C.F.R. 146.10(C). THEREFORE, THE EPA FINDS THAT RIVER VIEW COAL VIOLATED THE SDWA AND 40 C.F.R. 144.11, 144.31(A), AND 144.33(C) BY FAILING TO REPORT NEW WELLS WITHIN THE AOR AND BY CONDUCTING UNAUTHORIZED INJECTION ACTIVITIES AT THESE WELLS AFTER THE PERMIT EXPIRED. WITHIN NINETY (90) DAYS OF THE EFFECTIVE DATE OF THIS AOC, RESPONDENT IS ORDERED TO PROVIDE DOCUMENTATION SHOWING WELLS WERE PLUGGED AND ABANDONED IN A MANNER WHICH PLACED CONTINUOUS COLUMN OF CEMENT FROM 100 FEET BELOW THE EXISTING GROUND ELEVATION TO THREE FEET BELOW EXISTING SURFACE INSIDE THE INJECTOR CASING,, AND THAT, AFTER HARDENING, THE CASING WAS CUT AND REMOVED THREE FEET.

Defendants (1)

• RIVER VIEW COAL, LLCNamed in settlement

Facilities (4)

• OHIO MINE #11-2 UIC WELL (KYV2250076)

  N 37.74893 W -87.95523, WAVERLY, KY, 42461

  Registry ID: 110070517175

• OHIO MINE #11-1 UIC WELL (KYV2250074)

  N 37.75074 -W 87.94893, WAVERLY, KY, 42461

  Registry ID: 110070517172

• OHIO MINE #11-3 UIC WELL (KYV2250079)

  N 37.74634 W -87.95515, WAVERLY, KY, 42461

  Registry ID: 110070517177

• OHIO MINE #11-4 UIC WELL (KYV2250100)

  N 37.72873 W -87.94794, WAVERLY, KY, 42461

  Registry ID: 110070517174

Statutes cited

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

Enforcement conclusions (1)

• RIVER VIEW COAL, LLCentered 2020-06-15

  Primary law: SDWA

Timeline (2 milestones)

• 2020-06-15Final Order Issued
• 2020-07-01Enforcement Action Data Entered