EPA v. SHELL WESTERN EXPLORATION AND PRODUCTION, INC.

Case summary

LOCATION SW, TOWNSHIP 28N, RANGFE 7W, TOWNSHIP NAME--RAPID RIVER, COUNTY NAME--KALKASKA STATE PERMIT NO. 30571, EPA PERMIT NO. MI079-2D-0013 TEMPORARY ABANDONMENT OF UIC CLASS II WELL OVER 2 YEARS; RESPONDENT OWNS AND OPERATES AN UNDERGROUND INJECTION WELL SUBJECT TO UIC PROGRAM REQUIREMENTS FOR THE STATE OF MICHIGAN (40 C.F.R. PART 147, SUBPART X). RESPONDENT WAS ISSUED A UIC PERMIT FOR THE WELL. THE UIC PERMIT REQUIRED EITHER THE MECHANICAL INTEGRITY TESTING OF THE WELL DURING A TWO-YEAR PERIOD OF TEMPORARY ABANDONMENT, OR ABANDONMENT AND PLUGGING OF THE WELL, OR NOTICE TO THE U.S. EPA AND A DESCRIPTION OF ACTIONS OR PROCEDURES TAKEN ENSURING AGAINST ENDANGERMENT OF UNDERGROUND SOURCES OF DRINKING WATER. UNDER THE APPLICABLE UIC PROGRAM, RESPONDENT WAS REQUIRED ALSO TO COMPLY WITH ALL CONDITIONS OF THE PERMIT. RESPONDENT'S WILL WAS TEMPORARILY ABANDONED FROM AT LEAST FEBRUARY OF 1995 THROUGH FEBRUARY OF 1997, BUT NO MECHANICAL INTEGRITY TESTING WAS PERFORMED DURING THAT PERIOD, AND INTEGRITY TESTING WAS PERFORMED DURING THAT PERIOD, AND NEITHER WERE THE OTHER TWO PERMIT REQUIREMENTS MET. ON OCTOBER 9, 1998, THE MECHANICAL INTEGRITY OF THE INJECTION WELL WAS DEMONSTRATED. U.S. EPA ISSUED TWO COUNT COMPLAINT ON SEPTEMBER 30, 1998, ALLEGING RESPONDENT'S FAILURE TO COMPLY WITH THE PERMIT AND UIC PROGRAM REQUIREMENTS/REGU- LATIONS. THE PARTIES SETTLED THIS ACTION IN THE AMOUNT OF $16,550. U.S. EPA RECEIVED PAYMENT FROM SHELL WESTERN ON 6/21/99.

Defendants (1)

• SHELL WESTERN EXPLORATION AND PRODUCTIONNamed in complaintNamed in settlement

Facilities (1)

• SHELL WESTERN E P INC

  GRANDVIEW PLAZA, TRAVERSE CITY, MI, 49684

  Registry ID: 110010705825

Statutes cited

• SDWA 1422 — Safe Drinking Water Act
• SDWA 1421 — UIC Regulations

Enforcement conclusions (1)

• SHELL WESTERN EXPLORATIONentered 1999-05-24

  Primary law: SDWA

  Federal penalty: $16,550

Timeline (4 milestones)

• 1998-07-09Enforcement Action Data Entered
• 1998-09-29Complaint Filed/Proposed Order
• 1999-05-24Final Order Issued
• 1999-06-10Enforcement Action Closed