EPA v. SHELL WESTERN E&P, INC.

Case summary

ON 6/23/98, THE ACTING REGIONAL ADMINISTRATOR OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA), REGION 5, SIGNED A CONSENT AGREEMENT AND CONSENT ORDER RESOLVING THE ALLEGATIONS IN A PROPOSED ADMINISTRATIVE ORDER (COMPLAINT) THAT REGION 5 ISSUED AGAINST SHELL WESTERN E&P, INC.(SHELL). THE COMPLAINT ALLEGED VIOLATIONS OF REGULATIONS PROMULGATED PURSUANT TO SECTION 1422 OF THE SAFE DRINKING WATER ACT (SDWA), 42 U.S.C. 300H-1. SHELL HAS AGREED TO PAY A PENALTY OF $12,000. BACKGROUND: ON JULY 7, 1997, REGION 5 FILED THE COMPLAINT AGAINST SHELL PURSUANT TO SECTION 1423 OF SDWA, 42 U.S.C. 300H-S, ALLEGING VIOLATIONS OF THE UNDERGROUND INJECTION CONTROL (UIC) REGULATIONS PROMULGATED PURSUANT TO SECTION 1422 OF SDWA, 42 U.S.C. 300H-1, AND APPEARING AT 40 C.F.R. PART 146. REGION 5 SOUGHT A TOTAL CIVIL PENALTY OF $16,000 FOR THE ALLEGED VIOLATIONS. IN THE COMPLAINT, REGION 5 ALLEGED THAT SHELL VIOLATED SDWA BY FAILING TO TIMELY CONDUCT MECHANICAL INTEGRITY TESTING AT THREE OF ITS CLASS II UIC WELLS, AS REQUIRED BY 40 C.F.R. 146.23 AND THE PERMIT FOR THE UIC WELLS AT ISSUE. SUCH ACTIONS VIOLATE SDWA, PURSUANT TO 40 C.F.R. 144.51(A). UIC CASE, FAILURE TO TIMELY TEST FOR MECHANICAL INTEGRITY (MIT TESTING) AT THREE WELLS.

Defendants (1)

• SHELL WESTERN E&P, INC.Named in complaintNamed in settlement

Facilities (1)

• SHELL WESTERN E P INC

  GRANDVIEW PLAZA, TRAVERSE CITY, MI, 49684

  Registry ID: 110010705825

Statutes cited

• SDWA 1414G — PWS - Violation of 1414(g) AO

Enforcement conclusions (1)

• SHELL WESTERN E&P, INC.entered 1998-06-23

  Primary law: SDWA

  Federal penalty: $12,000

Timeline (4 milestones)

• 1996-09-16Enforcement Action Data Entered
• 1997-07-23Complaint Filed/Proposed Order
• 1998-06-23Final Order Issued
• 1998-07-09Enforcement Action Closed