EPA v. OMIMEX ENERGY, INC.

Case summary

RESPONDENT'S PERMIT REQUIRED RESPONDENT TO PLUG AND ABANDON ITS CLASS II INJECTION WELL NOT LATER THAN TWO YEARS AFTER OPERATION CEASES, AND TO TEST THE WELL TO ENSURE MECHANICAL INTEGRITY DURING THE PERIOD OF NON-OPERATION, UNLESS RESPON- DENT ROVIDED NOTICE AND DESCRIBE ACTIONS OR PROCEDURES TO PREVENT ENDANGERMENT TO UNDERGROUND SOURCES OR DRINKING WATER. RESPONDENT DID NONE OF THIS DURING THE PERIOD 10/25/94-10/25/96. RESPONDENT DID DEMONSTRATE MECHANICAL INTEGRITY ON 4/3/97. 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 WELL WAS TEMPORARILY ABANDONED FROM AT LEAST OCTOBER 25, 1994 THROUGH OCTOBER 25, 1996, BUT NO MECHANI- CAL INTEGRITY TESTING WAS PERFORMED DURING THAT PERIOD, AND NEITHER WERE THE OTHER TWO PERMIT REQUIREMENTS MET. ON APRIL 3, 1997, THE MECHANICAL INTERGRITY OF THE INJECTION WELL WAS DEMONSTRATED. U.S. EPA ISSUED A SINGLE COUNT COMPLAINT ON JUNE 24, 1998, ALLEGING RESPONDENT'S FAILURE TO COMPLY WITH THE PERMIT AND UIC PROGRAM REQUIREMENTS/REGULATIONS. THE PARTIES SETTLED THIS ACTION IN THE AMOUNT OF $2,300 BASED ON RESPONDENT SELF-REPORTING OF THE VIOLATION, TIMELY EFFORTS TO COME INTO COMPLIANCE BEFORE THE ENFORCEMENT ACTION WAS TAKEN, AND IMPLEMENTATION OF SELF-MONITORING PROCEDURES TO AVOID SIMILAR INCIDENTS IN THE FUTURE.

Defendants (1)

• OMIMEXNamed in complaintNamed in settlement

Facilities (1)

• OMIMEX ENERGY, INC.

  20990 12 MILE RD., BATTLE CREEK, MI, 49014

  Registry ID: 110010598362

Statutes cited

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

Enforcement conclusions (1)

• OMINEX ENERGY, INC.entered 1998-09-21

  Primary law: SDWA

  Federal penalty: $2,300

Timeline (4 milestones)

• 1998-06-24Complaint Filed/Proposed Order
• 1998-08-20Enforcement Action Data Entered
• 1998-09-21Final Order Issued
• 1998-11-23Enforcement Action Closed