EPA v. FLAT ROCK ENERGY COMPANY, AN OKLAHOMA COMPANY

Case summary

1. SECTION 1423(C) OF THESAFE DRINKING WATER ACT ( SDWA ), 42 U.S.C. SECTION 300H-2(C). 2. FLAT ROCK ENERGY COMPANY, AN OKLAHOMA COMPANY 1122 SADDLE LANE SKIATOOK, OSAGE COUNTY, OKLAHOMA 74070 WELLS: OSAGE COUNTY, OKLAHOMA OS3774 WELL NO. W-69 SW/4, SEC. 33, T21 N, R12 E OS2137 WELL NO. W-74 SW/4, SEC. 04, T20 N, R12 E OS4268 WELL NO. W-72 NE/4, SEC. 04, T20 N, R12 E OS2132 WELL NO. W-22 NW/4, SEC. 04, T20 N, R12 E OS2182 WELL NO. W-65 NW/4, SEC. 08, T20 N, R12 E OS2497 WELL NO. W-68 SW/4, SEC. 33, T21 N, R12 E 3. RESPONDENT WAS IN VIOLATION OF SECTION 1421 OF THE SDWA BY 1) MAINTAINING THE WELLS WITHOUT MECHANICAL INTEGRITY, AND 2) FAILING TO COMPLY WITH CONSTRUCTION REQUIREMENTS. 4. RELIEF SOUGHT PURSUANT TO SECTION 1423(C) OF THE SDWA, EPA ISSUED A PROPOSED ADMINISTRATIVE ORDER (AO) TO THE RESPONDENT. THE PROPOSED AO WOULD REQUIRE THE RESPONDENT TO: 1) EITHER PLUG THE WELLS, ACCORDING TO REGULATIONS, OR COMPLETE OTHER APPROPRIATE CORRECTIVE ACTION, ACCORD- ING TO THE FOLLOWING SCHEDULE: WELL NO. W-69 BY DEC. 31, 1999; WELL NO. W-74 BY APR. 30, 2000; WELL NO. W-72 BY AUG. 31, 2000; WELL NO. W-22 BY DEC. 31, 2000; WELL NO. W-65 BY APR. 30, 2001; AND WELL NO. W-68 BY AUG. 31, 2001. CORRECTIVE ACTION IS DEFINED AS ANY ACTION THAT WOULD ACHIEVE COMPLIANCE, SUCH AS PLU A WELL ACCORDING TO REGU- LATIONS, OR CONVERT THE WELL TO PRODUCTION, OR OTHER WORK APPROVED BY EPA.

Defendants (1)

• FLAT ROCK ENERGY COMPANYNamed in settlement

Facilities (2)

• OS2137 - WELL NO. W-74 (E)

  SW/4, SEC. 4, T 20N, R 12E, TULSA, OK, 74132

  Registry ID: 110013689277

• FLAT ROCK ENERGY CO

  1122 SADDLE LANE, SKIATOOK, OK, 74070

  Registry ID: 110010657066

Statutes cited

• SDWA 1421 — UIC Regulations

Enforcement conclusions (1)

• FLAT ROCK ENERGY COMPANYentered 1999-09-21

  Primary law: SDWA

Timeline (4 milestones)

• 1999-05-17Enforcement Action Data Entered
• 1999-05-17Complaint Filed/Proposed Order
• 1999-09-21Final Order Issued
• 2004-10-15Enforcement Action Closed