EPA v. DONALD F. LESTER

Case summary

OPERATOR FAILED TO PLUG ONE INJECTION WELL AS REQUIRED (40 C.F.R. SEC. 147.2905 AND 147.2916. OPERATOR PLANS TO OBTAIN AN EASEMENT FOR THE WELL AND DEMONSTRATE MECHANICAL INTEG- RITY OR PLUG THE WELL. RESPONDENT IS AN INDIVIDUAL AUTHORIZED TO DO BUSINESS IN THE STATE OF OKLAHOMA AND AS SUCH IS A PERSON WITHIN THE MEAN- ING OF SECTION 1401(12) OF THE ACT, 42 U.S.C. SEC. 300F(12). RESPONDENT IS SUBJECT TO UNDERGROUND INJECTION CONTROL ( UIC ) PROGRAM REQUIREMENTS AT 40 C.F.R. SEC. 147, SUBPART GGG. RESPONDENT IS THE OPERATOR OF AN INJECTION WELL WHICH IS A NEW CLASS II WELL , AS THOSE TERMS ARE DEFINED AT 40 C.F. R. SEC. 147.2902, IDENTIFIED AS WELL NO. 2( WELL ). THE WELL IS ALSO IDENTIFIED BY EPA INVENTORY NO. OS5298, AND IS LO- CATED IN NORTHEAST QUARTER OF SECTION 04, TOWNSHIP 22 NORTH, RANGE 10 EAST, EAST FLESHER FIELD, OSAGE COUNTY, OK. REGULATIONS AT 40 C.F.R. SEC. 147.2903(A) REQUIRE THAT ANY UNDERGROUND INJECTION, EXCEPT AS AUTHORIZED BY RULE OR PER- MIT ISSUED INDER THE UIC PROGRAM, IS PROHIBITED. THE CON- STRUCTION OR OPERATION OF ANY WELL REQUIRED TO HAVE A PERMIT IS PROHIBITED UNTIL THE PERMIT HAS BEEN ISSUED. THE TERM PERMIT IS DEFINED AT 40 C.F.R. SEC. 147.2902. REGULATIONS AT 40 C.F.R. SEC. 147.2916 REQUIRE THE OWNER OR OPERATOR OF A NEW CLASS II INJECTION WELL OR ANY OTHER CLASS II WELL REQUIRED TO HAVE A PERMIT IN THE OSAGE MINERAL RE- SERVE TO COMPLY WITH THE REQUIREMENTS OF 40 C.F.R. SEC. 147. 2903, 147.2907, AND 147.2918 THROUGH 147.2928. ON JUNE 7, 1988, THE EPA ISSUED UIC PERMIT NO. 06S1261P5298 ( PERMIT ) TO C.R. REDCORN. RESPONDENT OBTAINED THE LEASE IN APRIL 1989. ON MARCH 8, 1990, THE EPA TRANSFERRED THE PERMIT TO RESPONDENT. ALL CONDITIONS OF THE PERMIT REMAINED UN- CHANGED. PERMIT CONDITION II.M.2. REQUIRES THE OPERATOR TO PLUG THE WELL WITHIN ONE YEAR AFTER INJECTION HAS CEASED. THE RA MAY EXTEND THE TIME TO PLUG IF NO FLUID MOVEMENT INTO AN UNDER- GROUND SOURCE OF DRINKING WATER ( USDW ) WILL OCCUR AND THE OPERATOR HAS PRESENTED A VIABLE PLAN FOR UTILIZING THE WELL WELL WITHIN A REASONABLE TIME. THE TERM USDW IS DEFINED AT 40 C.F.R. SEC. 147.2902.REGULATIONS AT 40 C.F.R. SEC. 147. 2905 AND PERMIT CONDITION II.M.3 ALSO SET OUT ADMINISTRATIVE AND TECHNICAL REQUIREMENTS TO BE FOLLOWED WHEN PLUGGING AN INJECTION WELL. REGULATIONS AT 40 C.F.R. SEC. 147.2916 AND 147.2925(A) AND CONDITION II.B OF THE PERMIT REQUIRE THE PERMITTEE TO COMPLY WITH ALL PERMIT CONDITIONS, EXCEPT AS AUTHORIZED BY AN EMERG ENCY PERMIT (DESCRIBED AT 40 C.F.R. SEC. 147.2906). RESPON- DENT DID NOT HAVE AN EMERGENCY PERMIT FOR VIOLATIONS DES- CRIBED IN THIS ADMINISTRATIVE ORDER. REPONDENT CEASED USING THE WELL ON OR BEFORE AUGUST 8, 1989. RESPONDENT HAS NOT PLUGGED THE WELL AS REQUIRED BY THE PER- MIT AND 40 C.F.R. SEC. 147.2905 OR SUBMITTED A VIABLE PLAN FOR FUTURE USE OF THE WELL TO THE RA. THEREFORE, RESPONDENT VIOLATED REGULATIONS AT 40 C.F.R. SEC. 147.2905, 147.2916, AND 147.2925(A) AND PERMIT CONDITION II. M.2 BY FAILING TO PLUG THE WELL WITHIN ONE YEAR AFTER INJECT ION WAS TERMINATED.

Defendants (1)

• DONALD F. LESTERNamed in complaint

Facilities (1)

• DONALD F LESTER

  PO BOX 430, SAND SPRINGS, OK, 74063

  Registry ID: 110010745523

Statutes cited

• SDWA 1421 — UIC Regulations

Timeline (5 milestones)

• 1994-04-05Complaint Filed/Proposed Order
• 1994-04-07Enforcement Action Data Entered
• 1994-05-13Final Order Issued
• 1994-09-29Compliance Achieved
• 1994-09-29Enforcement Action Closed