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In re Sammy-Mar LLC

02/18/2016
Case Number:UIC Permit Appeal 15-02
ELR Citation:47 ELR 4187

Mr. Shawn Agosti seeks review of a Class II Underground Injection Control (“UIC”) permit issued by the United States Environmental Protection Agency Region 3 (“Region”) to Sammy-Mar, LLC pursuant to the Safe Drinking Water Act, 42 U.S.C. §§ 300f to 300j-26. The permit authorizes Sammy-Mar to construct and operate a new Class II-D brine disposal injection well in Huston Township, Clearfield County, Pennsylvania. Petitioner asserts that the Board should grant review of the proposed permit on the following grounds: (1) the Region failed to consider adequately geological data and the possibility of seismic events related to the proposed well; (2) the Region failed to specify who will pay the costs of replacing drinking water wells should a spill occur; (3) the Region failed to consider effects of the well on traffic, property values, and hunters visiting the area; and (4) the Region failed to consider the potential for injected fluids to escape from the injection zone and contaminate environmentally sensitive areas.

Held: The Board finds that the Region provided thorough and well-reasoned responses during the public comment period to the questions and concerns raised in Mr. Agosti’s petition for review. The Board denies the petition for review because it fails to address the permit issuer’s responses and explain why the responses or determination to issue the permit were clearly erroneous or otherwise warrant Board review. See 40 C.F.R. § 124.19(a)(4)(ii).