EPA v. TUSSEY, GARY K.

Case summary

THE STATUTES AND REGULATIONS WHICH ARE THE BASIS FOR THE PROPOSED ACTION, INCLUDING STATE REGULATIONS, IF APPLICABLE. SECTIONS 1422 AND 1423 OF THE SAFE DRINKING WATER ACT, 42 U.S.C. SECTION 300H; EPA REGULATIONS AT 40 C.F.R. PARTS 144, 146, AND 147. THE NAME AND LOCATION OF THE DEFENDANT. GARY K. TUSSEY, BOX 69, SAINT FRANCISVILLE, ILLINOIS 62460, DOING BUSINESS IN GIBSON COUNTY, INDIANA. THE VIOLATIONS UPON WHICH THE ACTION IS BASED. VIOLATIONS OF UIC REGULATIONS REQUIRING SUBMISSION OF INVENTORY INFORMATION, AN ANNUAL REPORT, PLUGGING AND ABANDONMENT PLANS AND FINANCIAL RESPONSIBILITY DEMON- STRATIONS BY INJECTION WELL OWNERS AND INJECTION WITHOUT AUTHORIZATION. THE PROPOSED RELIEF TO BE SOUGHT, INCLUDING INJUNCTION, AND PROPOSED AMOUNT OF PENALTY TO BE SOUGHT AT SETTLEMENT, IF APPLICABLE. PERMANENT INJUNCTION REQUIRING COMPLIANCE WITH THE UIC REGULATIONS. BOTTOM LINE CIVIL PENALTY OF $30,000. THE RECENT CONTACTS WITH THE DEFENDANT, INCLUDING ANY PREVIOUS ADMINISTRATIVE ENFORCEMENT ACTIONS TAKEN, AND NEGOTIATIONS, IF ANY. NOTICE OF NONCOMPLIANCE SENT TO TUSSEY NOVEMBER 8, 1985. NO ADMINISTRATIVE ENFORCEMENT ACTION TAKEN OR NEGOTIA- TIONS HELD. THE SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES. THE IS A CASE OF FIRST IMPRESSION IN THE NATION UNDER THE UIC PROGRAM OF THE SAFE DRINKING WATER ACT. DATE OF INSPECTION, INFORMATION RESPONSE OF RECEIPT OF EVI- DENCE OF VIOLATION WHICH LED TO DECISION TO INITIATE ENFORCEMENT PROCEEDINGS. INSPECTION OF THE OIL FIELD TOOK PLACE ON JULY 2, 1985, NOVEMBER 25, 1985, JANUARY 28, 1986, AND MAY 20, 1986. INVENTORY AND OTHER INFORMATION AND REPORTS WERE NO RECEIVED ON JUNE 25, 1985. DATE, IF APPLICABLE, THAT THE TECHNICAL SUPPORT DOCUMENTS FROM THE PROGRAM, OR SUPPORT DOCUMENTS NECESSARY FOR PREPARATION OF A REFERRAL, REACHED THE REGIONAL COUNSEL'S OFFICE. APRIL 1986. DATE REFERRAL IS SIGNED BY REGIONAL ADMINISTRATOR. JUNE 11, 1986. ANY OTHER ASPECT OF THE CASE WHICH IS SIGNIFICANT OR SHOULD BE HIGHLIGHTED INCLUDING ANY EXTRAORDINARY RESOURCE DEMANDS WHICH THE CASE MAY REQUIRE. BECAUSE THIS IS A CASE OF FIRST IMPRESSION, IT IS EXPECT- ED TO BE EXTREMELY RESOURCE INTENSIVE. THE ATTENTION OF ALL OIL FIELD OPERATORS IN INDIANA AND THROUGHOUT REGION V WILL BE FOCUSED ON THE OUTCOME OF THIS CASE AS THE NEW UIC PROGRAM STRIVES TO MAKE ITS PRESENCE FELT IN THIS HERETOFORE UNDER-REGULATED FIELD.

Defendants (1)

• TUSSEY, GARY K.Named in complaintNamed in settlement

Facilities (1)

• ADAMS JW #1 WELL

  SENWSE SEC24 T1S R11W, PATOKA, IN, 47666

  Registry ID: 110010592322

Statutes cited

• SDWA 1423 — Safe Drinking Water Act
• SDWA 1422 — Safe Drinking Water Act

Enforcement conclusions (1)

• TUSSEY, GARY K.entered 1988-03-10

  Primary law: SDWA

  Federal penalty: $5,000

Timeline (7 milestones)

• 1986-06-18Referred To Headquarters
• 1986-07-14Referred To Dept Of Justice
• 1986-10-09Complaint Filed With Court
• 1988-03-10Final Order Lodged
• 1988-03-10Final Order Entered
• 1988-03-10Concluded
• 1988-04-10Enforcement Action Closed