Alton Townsend, SDWA Violation, Kentucky 2009

Frankfort, KY – Alton Townsend, a Kentucky oil operator, has avoided jail time but will spend two years on probation following a guilty plea to violating the Safe Drinking Water Act (SDWA). The case, brought by the Environmental Protection Agency (EPA), centered around Townsend’s operation of an unpermitted underground injection well, a practice that poses significant risks to groundwater safety.

According to court documents, Townsend illegally injected approximately 100 barrels per day of brine – a highly saline byproduct of oil production – into the earth via an underground well. This activity continued unabated for over a year before being discovered by EPA investigators. The injection well was connected to four separate oil production wells operated by Townsend, effectively creating an unauthorized disposal system.

The EPA’s investigation revealed that Townsend failed to obtain the necessary permits required under the Underground Injection Control (UIC) program, a critical component of the SDWA. The UIC program is designed to protect underground sources of drinking water from contamination caused by underground injection activities. Operating an injection well without a permit bypasses crucial safeguards, including geological assessments, well construction standards, and operational monitoring requirements.

Townsend was initially charged on January 20, 2009, with one count of violating 42 U.S.C. §300h-2(b)(2), specifically pertaining to the unauthorized operation of an injection well under the SDWA. He subsequently entered a guilty plea, acknowledging his transgression. The EPA entered into a Consent Agreement and Final Order with Townsend as part of the legal proceedings.

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Sentencing and Penalties

On May 14, 2009, Townsend was sentenced to 24 months of probation. Significantly, no fine was imposed, though the sentence mandates full compliance with the terms of the previously agreed-upon Consent Agreement and Final Order. Details of the consent agreement were not immediately available but likely involve remediation measures and ongoing monitoring to ensure no further violations occur. Environmental advocacy groups have expressed concern that the lack of a financial penalty may not adequately deter similar behavior by others in the industry.

Key Facts

Defendant: Alton Townsend
State: Kentucky
Year: 2009
Crime: Violation of the Safe Drinking Water Act (SDWA)
Statute Violated: 42 U.S.C. §300h-2(b)(2) – Violating requirements of the Underground Injection Control Program
Brine Injected: Approximately 100 barrels per day
Duration of Illegal Injection: Over one year
Penalty: 24 months probation, compliance with Consent Agreement & Final Order; no fine imposed.

The EPA continues to emphasize the importance of adhering to regulations designed to protect vital water resources. This case serves as a reminder that illegal disposal practices, even without immediate visible consequences, can have long-term and devastating impacts on public health and the environment. Further investigation into whether this operation impacted local groundwater is ongoing.

Source: EPA ECHO Enforcement Case Database

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