E.P.A. Looks for Penalty against Company for Illegal Dumping of Brine In Allegheny National Forest Wells

PHILADELPHIA (June 28, 2011) The E.P.A. has suggested a $157,500 civil penalty against a Kansas-based company for alleged illegal discharges of in excess of 228,000 gallons of oil brine into injection wells in the Allegheny National Forest in McKean County, Pa.

E.P.A. alleges violations of the federal Safe Drinking Water Act and E.P.A. regulations on the underground injections of fluids and wastes, in seeking the penalty against Swamp Angel Energy, LLC, of Wichita, Kan.

"EPA takes our responsibility to protect public health very seriously," said E.P.A. Regional Administrator Shawn M. Garvin. "When companies break the law and threaten our drinking water supplies, they must be held accountable."

The suggested Administrative Order and Complaint for Penalty against Swamp Angel Energy alleges that the company illegally pumped brine generated from its oil production operations into the underground wells. In addition to the penalty, EPA's action also requires the company to properly plug one of the 2 wells at issue, known as "Old Glory."

In its complaint, E.P.A. states that the unauthorized disposal of brine into injection wells without the proper safeguards poses a potential threat to underground sources of drinking water. In Pennsylvania, E.P.A. authorizes and enforces Underground Injection Control (UIC) permitting requirements including responsibility for regulating the construction, operation, and closure of injection wells that place fluids underground for storage or disposal. More information on EPA's UIC plan is at http://www.epa.gov/reg3wapd/uic/


2 company employees were previously convicted on criminal charges in connection with the illegal brine injection. They were sentenced to home detention and probation and ordered to pay a fine and perform community service. See http://www.justice.gov/usao/paw/pr/2010_june/2010_06_24_04.html

The company has the right to appeal the alleged violations and suggested penalty.

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