The U.S. Environmental Protection Agency, Region 5, proposes to issue a Consent Agreement and Final Order (CAFO), that assesses a civil penalty of $48,960.69 to Douglas Bailer (Respondent) under the authority of Section 1423(c)(2) of the Safe Drinking Water Act (SDWA), 42 U.S.C. §300-2h. The CAFO will settle the EPA’s allegations that Respondent failed to comply with requirements for its three Underground Injection Control (UIC) permits and the UIC regulations at Title 40 of the Code of Federal Regulations (40 C.F.R.) Part 144 at its Class II disposal injection well facilities in Tuscola County, Michigan. The alleged violations to be resolved by the CAFO are: 1) failure to conduct required annulus pressure  monitoring, and 2) submission of inaccurate monitoring reports.

In addition to payment of the civil penalty, the CAFO requires that Respondent implement compliance measures to improve the operation, monitoring, and record keeping practices at its injection wells. Monitoring and reporting of injection wells is vital to protecting underground sources of drinking water because the required activities ensure that the wells have mechanical integrity, are not leaking, and are being operated for the purposes for which they were permitted.

• Proposed CAFO, SDWA-05-2021-0001 (PDF)(17 pp, 3 MB, November 19, 2020)
• Public Notice of Proposed CAFO, SDWA-05-2021-0001 (PDF)(2 pp, 159 K, November 19, 2020)