2008-08-28_ENFORCEMENT - M1983194

• Permit No: M1983194
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 8/28/2008
• Doc Name: EPA issues violation
• From: United States Environmental Protection Agency
• To: Natural Soda, Inc.
• Email Name: SSS
• Media Type: D
• Archive: No

I packer or tubing (also called "internal" mechanical integrity, 40 C.F.R. §
2 146.8(a)(1)), and there is no significant fluid movement into USDWs through
3 vertical channels adjacent to the well bore (also called "external" mechanical
4 integrity, 40 C.F.R. § 146.8(a)(2)).
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6 19. Part II(C)(6) of the UIC permit requires Respondent to demonstrate mechanical
7 integrity through the following methods: a pressure test, for "internal" mechanical
8 integrity, and [use of] temperature logs for "external" mechanical integrity.
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10 20. Respondent demonstrated internal and external mechanical integrity at the wells
11 referenced in paragraph 9 in 2002, and was required to demonstrate mechanical
12 integrity again in 2007, as follows:
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Well
name Mechanical Integrity
Demonstration Method Demonstration Date Demonstration Due
Date
5H Pressure test May 9, 2002 May 9, 2007
5H Temperature log June 4, 2002 June 4, 2007
6H Pressure test September 29, 2002 September 29, 2007
6H Temperature log October 21, 2002 October 21, 2007
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15 21. See Attachment A to this complaint where these violations are summarized and
16 labeled with the letters "A" and "B." Attachment A is incorporated into this
17 - complaint.
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COUNT 1
22. Respondent is in violation of part II(C)(6) of its UIC permit and 40 C.F.R. §
146.33(b)(3), by failing to demonstrate mechanical integrity at least once every
five years for Well 5H and Well 6H. The duration of the Respondent's violation
is shown in detail in attachment A. EPA has not received the mechanical integrity
demonstrations. For the purpose of determining a total duration of non-
compliance, EPA estimates that such compliance will have occurred by
September 30, 2008.
PROPOSED ORDER WITH ADMINISTRATIVE CIVIL PENALTY
23. The Act, as amended, and 40 C.F.R. part 19, authorize the assessment of a civil
penalty of up to $11,000 for each day of violation up to a maximum penalty of
$157,500. 42 U.S.C. § 300h-2(c)(2). The Act requires EPA to take into account
the following factors in assessing a civil penalty: the seriousness of the violations,
the economic benefit resulting from the violations, Respondent's prior compliance
history of such violations, any good-faith efforts to comply, the economic impact
on Respondent, and other factors that justice may require. 42 U.S.C. § 300h-
2(c)(4)(B)•
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