EPA v. JAMES OIL CO.

Case summary

DATA SHEET: * DEFENDANT: PETE JAMES ENTERPRISES, INC., AND EDGAR P. JAMES OPERATE OIL PRODUCTION WELLS AND SALT WATER DISPOSAL WELLS IN THE OSAGE MINERAL RESERVE, OSAGE COUNTY, OK. * VIOLATIONS: VIOLATION OF SECTION 1423 OF THE SDWA, BY INJECTING WITHOUT A PERMIT OR AUTHORIZATION BY RULE. * PROPOSED RELIEF: SETTLEMENT IN THE FORM OF A CONSENT DECREE AND A MINIMUM CIVIL PENALTY IN THE AMOUNT OF $20,000. * RECENT CONTACT W/DEFENDANTS: THE MOST RECENT CONTACT WITH DEFENDANTS WAS ON SEPT 2, 1986. DEFENDANTS HAVE COME INTO COMPLIANCE. CASE SYNOPSIS: THIS IS AN ACTION TO ENFORCE PART C OF THE FEDERAL SDWA, 42 USC 300F, ET SEQ, CONCERNING PROTECTION OF UNDERGROUND SOURCES OF DRINKING WATER. AUTHORITY TO COMMENCE A CIVIL ACTION IS PROVIDED IN SDWA 1423 (A)(2) AND (B), 42 USC 300H-2(A)(2) AND (B). * THE DEFENDANTS, PETE JAMES ENTERPRISES, INC., AND EDGAR P. JAMES, OWN AND OPERATE WELLS FOR THE PRODUCTION OF OIL AND DISPOSAL OF SALT WATER IN THE OSAGE MINERAL RESERVE, OSAGE COUNTY, OK. THE UIC PROGRAM FOR THE OSAGE MINERAL RESERVE IS SET FORTH IN 40 CFR 147.2852 ET SEQ. WHICH BECAME EFFEC- TIVE DECEMBER 30, 1984. THE EPA DIRECTLY ADMINISTERS THE PROGRAM. SECTION 147.2903(A) PROHIBITS ANY UNDERGROUND INJECTIION THAT IS NOT AUTHORIZED BY UIC PERMIT OR BY RULE. 40 CFR 147.2909 PROVIDES THAT AUTHORIZATION BY RULE STATUS REQUIRES THAT A WELL MUST HAVE BEEN CONSTRUCTED OR COMPLETED ON OR BEFORE DEC 30, 1984, AND MUST HAVE BIA APPROVAL TO INJECT. * WITHOUT HAVING EITHER UIC AUTHORIZATION BY RULE OR A UIC PERMIT, DEFENDANTS INJECTED INTO DEFENDANTS' WELL #3 CONTINUOUSLY FROM DEC 30, 1984, TO JULY 25, 1986. IN ADDI- TION, ON AUGUST 4, 1986, DEFENDANTS INJECTED INTO THE DEFEN- DANTS' WELL #1-A, WHICH ALSO HAD NO PERMIT OR AUTHORIZATION BY RULE FOR THE DISPOSAL OF SALT WATER. * THIS IS AN ACTION TO SEEK CIVIL PENALTIES FOR THE DEFEN- DANTS' INJECTION.

Defendants (1)

• JAMES OIL CO.Named in complaintNamed in settlement

Facilities (1)

• PETE JAMES ENTERPRISES INC

  309'FNL,798'FEL, NE/4,SECTION, PAWHUSKA, OK, 74056

  Registry ID: 110010727222

Statutes cited

• SDWA 1423 — Safe Drinking Water Act

Enforcement conclusions (1)

• EDGAR P. JAMESentered 1989-03-21

  Primary law: SDWA

  Federal penalty: $20,000

Timeline (8 milestones)

• 1986-09-30Enforcement Action Data Entered
• 1986-09-30Referred To Headquarters
• 1986-11-12Referred To Dept Of Justice
• 1987-06-13Complaint Filed With Court
• 1989-03-21Concluded
• 1989-03-21Enforcement Action Closed
• 1989-03-21Final Order Lodged
• 1989-03-21Final Order Entered