EPA v. LINMAR PETROLEUM COMPANY

Case summary

RESPONDENT OPERATES THREE SALT WATER DISPOSAL INJECTION WELLS WHICH ARE THE SUBJECT OF THIS ADMINISTRATIVE ORDER. THESE WELLS ARE LOCATED WITHIN THE EXTERIOR BOUNDARIES OF THE UINTAH-OURAY INDIAN RESERVATION IN THE STATE OF UTAH. ON OR ABOUT 01/22/92, AN EPA REPRESENTATIVE SPOKE WITH JOHN CLARK OF LINMAR PETROLEUM COMPANY IN DENVER, COLORADO REGARDING THE NEED FOR FINANCIAL RESPONSIBILITY DEMONSTRATION FOR THE SUBJECT WELLS. MR CLARK STATED THE WELLS ARE ON FEE LANDS (PRIVATE LANDS) WITHIN THE RESERVATION AND QUESTIONED THE NEED FOR LINMAR TO SUBMIT AN EPA BOND WHEN A STATE BOND IS ALREADY IN PLACE. ON OR ABOUT 02/12/92, EPA SENT LINMAR PETROLEUM COMPANY A LETTER DISCUSSING EPA JURISDICTION ON UTAH UINTAH-OURAY INDIAN LANDS. THIS LETTER STATES THAT THE UIC PROGRAM IS APPLICABLE TO ALL LANDS WITHIN THE RESERVATION BOUNDARY, REGARDLESS OF SURFACE MINERAL RIGHTS OWNERSHIP. IN ADDITION THE LETTER STATED THAT THE UIC PROGRAM REQUIRES ALL OWNERS/ OPERATORS FALLING WITHIN ITS JURISDICTION SUBMIT FINANCIAL ASSURANCE FOR PLUGGING COSTS ASSOCIATED WITH INJECTION WELLS. ENCLOSED WITH THE LETTER WERE FINANCIAL RESPONSIBILITY DEMONSTRATION GUIDELINES, SAMPLE DOCUMENTS, AND A UINTAH-OURAY BOUNDARY MAP. THE LETTER REQUIRED SUBMITTAL OF FINANCIAL ASSURANCE TO EPA WITHIN 30 DAYS OF RECEIPT OF THE LETTER. AS OF 09/22/92, RESPONDENT FAILED TO SUBMIT FINANCIAL RESPONSIBILITY DEMONSTRATIONS FOR ANY OF THE WELLS LISTED. THE PROPOSED CIVIL PENALTY IN THIS CASE IS $13,430.

Defendants (1)

• LINMAR PETROLEUM COMPANYNamed in complaintNamed in settlement

Facilities (1)

• UINTAH OURAY INDIAN RESERVATION ALTAMONT FLD

  NE 1/4 NE 1/4 T1S SEC 16 R3W SEC 35 R5W, ALTAMONT, UT, 84001

  Registry ID: 110010692982

Statutes cited

• SDWA 1422 — Safe Drinking Water Act
• SDWA 1423 — Safe Drinking Water Act
• SDWA 1421 — UIC Regulations

Enforcement conclusions (1)

• LINMAR PETROLEUM COMPANYentered 1993-05-13

  Primary law: SDWA

  Federal penalty: $2,750

Timeline (5 milestones)

• 1992-09-30Enforcement Action Data Entered
• 1992-09-30Complaint Filed/Proposed Order
• 1993-05-13Final Order Issued
• 1993-06-01Compliance Achieved
• 1993-12-17Enforcement Action Closed