EPA v. ARCO OIL AND GAS COMPANY/ MIDLAND, TEXAS

Case summary

ARCO HAS VIOLATED THE SDWA AND REGULATIONS PROMULGATED THEREUNDER, INCLUDING 40 CFR 144.11, BY CONTRUCTING AN INJECTION WELL WITHOUT AUTHORIZATION, I.E. WITHOUT HAVING RECEIVED A VALID UIC PERMIT. THE MAXIMUM STATUTORY CIVIL PENALTY IS $5,000 FOR EACH DAY OF SUCH VIOLATION. THE PROPOSED RELIEF TO BE SOUGHT, INCLUDING INJUNCTION, AND PROPOSED AMOUNT OF PENALTY TO BE SOUGHT AT SETTLEMENT, IF APPLICABLE. WE ARE REQUESTING A CIVIL PENALTY ONLY IN THIS CASE. WE CALCULATE A STATUTORY MAXIMUM OF $110,000.00 AND RECOMMEND SETTLEMENT FOR $55,000.00 SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSURE. THIS IS ONE OF THE FIRST CASES PROSECUTING THE UNAUTHOR- IZED CONSTRUCTION OF AN INJECTION WELL.

Defendants (1)

• ARCO OIL & GAS MIDLAND, TEXASNamed in complaintNamed in settlement

Facilities (1)

• ARCO OIL & GAS CO

  NW 1/4 SEC 15 T32N R9W, IGNACIO, CO, 81137

  Registry ID: 110010668937

Statutes cited

• SDWA 1423 — Safe Drinking Water Act

Enforcement conclusions (1)

• ARCO OIL AND GAS COMPANYentered 1988-01-25

  Primary law: SDWA

  Federal penalty: $47,500

Timeline (9 milestones)

• 1986-09-30Referred To Headquarters
• 1986-11-24Returned To Region
• 1987-02-25Rereferred
• 1987-04-17Referred To Dept Of Justice
• 1987-08-17Complaint Filed With Court
• 1988-01-25Final Order Lodged
• 1988-01-25Final Order Entered
• 1988-01-25Concluded
• 1988-02-25Enforcement Action Closed