1 192 SUBJECT Consent Agreement and Final Order CAIFO Docket No required by 40 CFR 226 This CAFO effective upon the date filed Regional Hearing Clerk and you comply immediately Inte ID: 840113
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1 1 192 Temperance, SUBJECT: Consent Agr
1 192 Temperance, SUBJECT: Consent Agreement and Final Order (CAIFO). Docket No. required by 40 C.F.R. $22.6. This CAFO effective upon the date filed Regional Hearing Clerk and you comply immediately Internet Address (URL) . hp Nw.epa.gov Ae~ycIed/Re~yclabl~ .Pnntsa hl := -+. -- - m , .- .. . .'~, ~ . .. ..,. :., - - , : . . ,~ W I ,- . . , - ~- - ~ - �-. , . -. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;-. -- , ., REG
2 ION 4 - 1 PJ IN THE MATTER OF Mr. R
ION 4 - 1 PJ IN THE MATTER OF Mr. Ronald L. Bige Big Top Oil and Gas. LLC 1192 Maple Way Drive Temperance, Michigan 481828661 and Final SDWA4U-2010-1008(b) STATUTORY AUTHORITY Governing the Administrative Assesment of Civil Penalties, Issuance ~orre&~e Action Orders, and the Revocation. Termination or Suwnsion of Permits (Consolidated Rules or Part 22), published at keq. delegated authority the Administrator Protection Agency (EPA or Complainant) under P
3 art C of tne Safe Drinking AU (SDWA
art C of tne Safe Drinking AU (SDWA or the Act), 42 U.S.C. § 1421, @sea., the EPA, as Complainant, hereby enters into the following Consent Agreement and Final Order ('CAIFO7 with Big Section 1450 out her functions under the SDWA. These regulations are found at 40 CFR Parts 124,144, 146, 147, and 148, and set forth requirements for the Underground lnjedion program promulgated 5 300h, 6 a. Injection well and operators requirements. The UIC program for the
4 Commonwealth of Kentucky, including
Commonwealth of Kentucky, including all Indian lands, is administered by EPA. 40 CFR 5 147.901(a). ALLEGATIONS 4. Respondent is a limited libilii company 1192 Maple Way Temperance, Michigan 48182-9561. evidence or testimony, the making of an argument, or the adjudication matter, and § 22.13(b), thii CAlFO INJUNCTIVE RELIEF Based upon patii hereby agree 16. Respondent $300.00 (Three Hundred Dollam) in accordance with set forth Whin thirty (30) days o
5 f receipt of a fully-executed copy of t
f receipt of a fully-executed copy of this CAFO, submit a certii check in the total amount of the penalty set iorth in the preceding paragraph, payable to the Treasurer, United SWes of'& at the following address: U.S. Environmental Protection Agency Fines and Penalties Box 979077 63197-9000 penalty payment 18. Respondent submit copies of the check to the following persons: Regional Hearing Clerk U.S. EPA - Region 4 61 Forsyth Street SW Atlanta. GA 30303-8960 F
6 red McManus, Ground Water Sedion U.
red McManus, Ground Water Sedion U. S. €PA - Region 4 61 Forsyth Street SW Atlanta. GA 30303-8960 19. Pursuant to Section 1423(c)(7) of the SDWA, 42 U.S.C. § 300h-2(c)(7), failure by penalty assessed thii CAlFO in full by its due date may subject Respondent to a civil in an appropriate district court recover the amount assessed (plus costa, attorneys prevailing rates action, the valiii, amount and appropriateness of the penalty shall not be subj
7 ect to review. resolves only Respondent
ect to review. resolves only Respondents liability for penalties for facts stipulated the purposes of state federal income taxation, Respondent shall not be and agrees to claim a deduction for penalty payment this CNFO. penalty shall constitute event beyond cause a shall notify (4) days A written report said event certified mail to 0) Respondent received report shall circumstances, and taken to such violation or failure timetable by which those measures are proving that beyond the
8 control of fault Respondent and the su
control of fault Respondent and the such circumstances with Respondent. conditions or increased costs relating to reasonably foreseeable technological infeasibility im~lementation called for this C-0, shall not relieve ~es~ondent imposed under ihe of this CAIFO, nor from payment of any penalty setforth h this CA/FO. EPA will notify that certain circumstances are considered Res~ondenCs control and the extension of time, if any, for completion of the affded r
9 equiiements. this right to to provide p
equiiements. this right to to provide provided herein or for failure to provide proof for 28. The CNFO is 22.45(~)(4) sets forth person not to this proceeding may consent agreement and basis that material party shall and attorneys fees upon the Docket No. SDWA-04-2010-1008(b) to the Consolidated and the delegated authority Consent Agreement approved and reference into this Final Order. Respondent with the Agreement, which are this Final 3/23//0 -A. u Susan Schub Regional J