The U.S. Environmental Protection Agency, Region 5, is providing this notice of its intent to enter a Consent Agreement and Final Order (CAFO) with Arbor Operating, LLC (Respondent) which alleges Respondent failed to comply with requirements for its five Underground Injection Control (UIC) permits listed below (the Permits) and federal regulations at its Class II disposal injection well facilities in Michigan.

• Smalarz #D2-32 well (EPA No. MI-137-2D-0307), Otsego County, MI;
• Flesher #Dl-28 well (EPA No. MI-137-2D-0321), Otsego County, MI;
• TEL #B2-25 SWD well (EPA No. MI-101-2D-C030), Manistee County, MI;
• Sorgett #1-26 SWD well (EPA No. MI-141-2D-0003), Presque Isle County, MI and
• Schmuckal #2-3 SWD well (EPA No. MI-055-2D-0043), Grand Traverse County, MI.

The CAFO proposes that Respondent pay a civil penalty of $42,000 and meet compliance reqnirements to improve the operation, monitoring, and record keeping practices of its injection wells.

• Public Notice SDWA-05-2020-0002 (PDF)(3 pp, 641 K, January 10, 2020)
• Proposed CAFO SDWA-05-2020-0002 (PDF)(18 pp, 709 K, January 10, 2020)