EPA v. Performance Operating - OS6384000(35-1W) MIT Violation

Case summary

On March 9, 2019, EPA sent a Notice of Violation to Respondent (NOV). The NOV required the injection well successfully demonstrate a MIT within sixty days. EPA has not received notice of a successful demonstration of mechanical integrity. Therefore, Respondent violated regulations set forth at 40 C.F.R. ?? 147.2903(b), 147.2920 and Part I.B. of the permit by maintaining the injection well in a manner that could allow the movement of fluid that contains contaminants into an USDW and by failing to successfully demonstrate mechanical integrity. Pursuant to Section 1423(c)(3)(A) of the Act, 42 U.S.C. ? 300h?2(c)(3)(A), on September 13, 2021, EPA issued a Proposed Administrative Order to Respondent and provided Respondent an opportunity to request a hearing on the Proposed Administrative Order. On January 26, 2022, EPA provided public notice of its proposal to issue an order for compliance in this matter in accordance with Section 1423(c)(3)(B) of the Act, 42 U.S.C. ?300h-2(c)(3)(B). Respondent did not request a hearing and EPA did not receive any public comments on the Proposed Administrative Order.

Defendants (1)

• Performance Operating CompanyNamed in complaintNamed in settlement

Facilities (1)

• OS6384 - WELL NO. 35-1W (S)

  NW/4, SEC. 35, T 28N, R 09E, PAWHUSKA, OK, 74056

  Registry ID: 110070526044

Statutes cited

• SDWA 1422/1423 — UIC Regulations Classes I - V
• SDWA 1423C — UIC - Violation of 1423(c) AO
• SDWA 1421 — UIC Regulations

Enforcement conclusions (1)

• Performance Operating - OS6384000(35-1W) MIT Violationentered 2022-04-27

  Primary law: SDWA

Timeline (5 milestones)

• 2021-10-21Enforcement Action Data Entered
• 2022-01-26Complaint Filed/Proposed Order
• 2022-04-27Final Order Issued
• 2022-04-29Compliance Achieved
• 2022-05-04Enforcement Action Closed