EPA v. NADEL AND GUSSMAN - 2

Case summary

VIOLATIONS: ENVIRONMENTAL PROTECTION AGENCY (EPA) REGULATIONS REQUIRE THE OWNER OR OPERATOR OF AN INJECTION WELL TO PLUG THE WELL WITHIN ONE YEAR AFTER TERMINATION OF INJECTION OPERATIONS. THE PLUGGING DEADLINE MAY BE EXTENDED IF THE OPERATOR HAS A VIABLE PLAN FOR FUTURE USE OF THE WELL AND FLUIDS CONTAINING CONTAMINANTS WILL NOT MOVE THROUGH THE WELL BORE INTO UNDERGROUND SOURCES OF DRINKING WATER (USDWS). RESPONDENT VIOLATED OSAGE UNDERGROUND INJECTION CONTROL REGULATIONS BY FAILING TO PLUG ONE INJECTION WELL WITHIN ONE YEAR AFTER TERMINATION OF INJECTION OPERATIONS. EPA REGULATIONS REQUIRE THAT THE OWNER OR OPERATOR OF AN INJECTION WELL MAINTAIN THE WELL SO AS TO PREVENT FLUIDS CONTAINING CONTAMINANTS TO MOVE THROUGH THE WELL BORE INTO USDWS. TWO OF RESPONDENT’S INJECTION WELLS HAVE A STATIC FLUID LEVEL ABOVE THE BASE OF USDWS IN THE VICINITY OF THE WELLS. THEREFORE, FLUIDS COULD BE MOVING THROUGH THE WELL BORES INTO USDWS. REMEDY: PLUG, OR SUBMIT A VIABLE PLAN FOR FUTURE USE OF ONE INJECTION WELL WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THE ORDER. SUBMIT A CORRECTIVE ACTION PLAN FOR INJECTION WELLS WITH A STATIC FLUID LEVEL ABOVE USDWS WITHIN 30 DAYS FROM THE EFFECTVE DATE OF THE ORDER. COMPLETE CORRECTIVE ACTIONS ACCORDING TO A SCHEDULE APPROVED BY THE EPA. PENALTY: NONE

Defendants (1)

• NADEL AND GUSSMAN OPERATING COMPANY, LLCNamed in complaintNamed in settlement

Facilities (2)

• OS0939 - WELL NO. 12 (E)

  NE/4, SEC. 2, T 21N, R 8E, HOMINY, OK, 74035

  Registry ID: 110013705482

• OS0965 - WELL NO. 9 (E)

  NW/4. SEC. 35, T22N, R08E, HOMINY, OK, 74035

  Registry ID: 110024533272

Statutes cited

• SDWA 1422/1423 — UIC Regulations Classes I - V
• SDWA 1421 — UIC Regulations

Enforcement conclusions (1)

• NADEL AND GUSSMAN - 2entered 2008-05-23

  Primary law: SDWA

Timeline (4 milestones)

• 2007-12-06Complaint Filed/Proposed Order
• 2008-02-13Enforcement Action Data Entered
• 2008-05-23Final Order Issued
• 2008-12-10Enforcement Action Closed