EPA v. BRIAN CLEMISHIRE

Case summary

1. SECTION 1423(C) OF THE SAFE DRINKING WATER ACT ( SDWA ), 42 U.S.C. SECTION 300H-2(C). 2. BRIAN CLEMISHIRE 100 E. CEDAR CREEK #288 CLEVELAND, PAWNEE COUNTY, OKLAHOMA 74020 FACILITY: WELL NO. 1-33, NE/4, SEC. 33, T22N, R84 OSAGE COUNTY, OKLAHOMA 3. RESPONDENT WAS IN VIOLATION OF SECTION 1421 OF THE SDWA BY FAILING TO SUBMIT REQUIRED ANNUAL OPERATION REPORTS FOR THE 1995, 1996 AND 1997 MONITORING PERIODS FOR ITS EXISTING CLASS II WELL. 4. RELIEF SOUGHT PURSUANT TO SECTION 1423(C) OF THE SDWA, EPA PROPOSES TO ISSUE AN ADMINISTRATIVE ORDER (AO) THAT REQUIRES THE RESPONDENT TO: 1) WITHIN 15 DAYS OF THE EF- FECTIVE DATE OF THE AO, SUBMIT ANNUAL OPERATING REPORTS FOR THE MONITORING PERIOD OF JAN. 1995 THROUGH DEC. 1997, AND SUBMIT A PERMIT APPLICATION ACCORDING TO REGULATIONS, OR 2) IF RESPONDENT FAILS TO COMPLY WITH THOSE REQUIRE- MENTS WITHIN 15 DAYS OF THE AO, RESPONDENT SHALL CEASE USE OF THE WELL FOR UNDERGROUND INJECTION OF FLUIDS, DIS- CONNECT ALL INJECTION PIPELINES LEADING TO THE WELL, AND REMOVE SUCH PIPELINES FROM THE WELL SITE. THIS ORDER BE- COMES EFFECTIVE 30 DAYS AFTER ISSUANCE.

Defendants (1)

• BRIAN CLEMISHIRENamed in complaintNamed in settlement

Facilities (1)

• BRIAN CLEMISHIRE

  NE/4, SEC. 33, T22N, R8E, OSAGE, OK, 74054

  Registry ID: 110010726401

Statutes cited

• SDWA 1421 — UIC Regulations

Enforcement conclusions (1)

• BRIAN CLEMSHIRE

  Primary law: SDWA

Timeline (3 milestones)

• 1998-02-04Complaint Filed/Proposed Order
• 1998-02-17Enforcement Action Data Entered
• 1998-08-25Enforcement Action Closed