EPA v. WOODFORD COUNTY (WELLS ID#s SK1, SK6, SK7, SK8, and SK9)

Case summary

SEPTEMBER 9, 2022 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT On September 12, 2002, the EPA issued UIC Permit No. KYV0030 ( Permit ) for the Subject Well I to Huntertown Village, LLC. The Permit expired on September 12, 2007. On March 19, 2019, representatives of the EPA, Region 4, conducted a UJC Class V inspection at the Subject Well I and determined that the status of the Subject Well I was active. Additionally, the EPA determined that there was a moderate frequency of precipitation days greater than 0.1 inches over the past five years, indicating active injection. On January 29, 2020, the EPA, Region 4, mailed an Information Request Letter (IRL), pursuant to Section 1445(a) of the SOWA, 42 U.S.C. ? 300j-4(a), to Respondent via certified mail to aid the EPA in determining whether the Subject Well I has been and is currently in compliance with the SDWA. The IRL required Respondent to provide a complete response to each of the questions outlined in the IRL by February 28, 2020. On May 15, 2020, the EPA, Region 4, mailed a Notice of Violation of the SDWA and Notice of Opportunity to Show Cause (NOV) letter to Respondent via certified mail, alleging that Respondent failed to provide a complete response to the EPA's IRL in a timely manner, in violation of Section 1445(a) of the SOW A, 42 U.S.C. ? 300j-4(a). On May 19, 2020, Respondent informed the EPA in an email that it had received the NOV letter and had responded to the IRL in early March of 2020, but that it did not own the well. On June 18, 2020, EPA conducted a show-cause meeting with Respondent. On October 8, 2020. EPA emailed a second IRL to Respondent to aid the EPA in determining whether the Respondent is acting as an operator of the Subject Well. On November 9, 2020, Respondent emailed its response to the EPA. On December 7, 2021, the EPA emailed a third IRL pursuant to Respondent to aid the EPA in determining whether Respondent is acting as an operator for other UIC Class V storm water wells similar to the Subject Well 1 in Woodford County, Kentucky. On January 5, 2022, Respondent emailed a document to the EPA that contained a response to the question in the December 7, 2021, IRL. The IRL response indicated that Respondent has been performing maintenance and/or inspections in the detention areas of the Subject Well 1 and maintenance of the active Subject Well 2 in Woodford County to ensure the continuous function of stormwater disposal. However, according to EPA records, the Subject Well 2 has not been properly authorized under 40 C.F.R. ? 144 to inject stormwater. Therefore, Respondent is in violation of 40 C.F.R. ? 144.11 for discharging fluids into the Subject Well 1, as determined by the EPA during its March 19, 2019, UJC inspection. Therefore, Respondent is also in violation of40 C.F.R. ? 144.11 for discharging fluids into the Subject Well 2, as determined by the Respondent's January 5, 2022, response to the December 7, 2021, IRL.

Defendants (1)

• WOODFORD COUNTYNamed in settlement

Facilities (5)

• WOODFORD COUNTY WELL ID# SK7 UIC WELL

  LAT: 38.03507 LONG: -84.70841, VERSAILLES, KY, 40383

  Registry ID: 110071339477

• WOODFORD COUNTY WELL ID# SK1 UIC WELL

  LAT: 38.03891 LONG: -84.70919, VERSAILLES, KY, 40383

  Registry ID: 110071339450

• WOODFORD COUNTY WELL ID# SK8 UIC WELL

  LAT: 38.03453 LONG: -84.71354, VERSAILLES, KY, 40383

  Registry ID: 110071339478

• WOODFORD COUNTY WELL ID# SK6 UIC WEL

  LAT: 38.03958 LONG: -84.71499, VERSAILLES, KY, 40383

  Registry ID: 110071339451

• WOODFORD COUNTY WELL ID# SK9 UIC WELL

  LAT: 38.03960 LONG: -84.70429, VERSAILLES, KY, 40383

  Registry ID: 110071339479

Statutes cited

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

Enforcement conclusions (1)

• WOODFORD COUNTY (WELLS ID#s SK1, SK6, SK7, SK8, and SK9)entered 2022-09-08

  Primary law: SDWA

Timeline (3 milestones)

• 2022-09-08Final Order Issued
• 2022-09-21Enforcement Action Data Entered
• 2023-03-21Enforcement Action Closed