EPA v. Eldra Shulterbrandt Facility, VI DOH

Case summary

The Facility utilizes a septic system which is a Class V underground injection well. The well was never inventoried by Respondent. Therefore, Respondent does not have authorization to inject into the well. Moreover, the septic system has not been properly maintained and is no longer operating properly. The result is that inadequately treated septage is overflowing off the Facility property and down through the neighborhood instead of into the injection well. The flow seeps into a crack in the road, percolating down. Beneath the well and the inadequately treated septage flow lies the Turpentine Run Basin, which is a USDW. Therefore, the unauthorized injectate and injection activity may adversely affect the health of persons who utilize the Turpentine Run Basin as a source of drinking water. EPA was made aware of this situation in August 2007 and inspected the Facility in August 2007. At that time, Respondent informed the EPA inspector that the septic system has not been operating properly since mid-2006. Respondent violated Section 1421of the Act by injecting fluid waste into one Class V well without authorization to inject. The unauthorized injection, and threat of endangerment, occurred from at least August 8, 2007 to at least September 19, 2007 (no less than 43 days).

Defendants (1)

• Eldra Shulterbrandt Facility, VI DOHNamed in complaintNamed in settlement

Facilities (1)

• ELDRA SCHULTERBRANDT CLINIC (VIDOHS)

  1303 HOSPITAL GROUND, CHARLOTTE AMALIE, ST. THOMAS, VI, 00802

  Registry ID: 110010606371

Statutes cited

• SDWA 1422/1423 — UIC Regulations Classes I - V

Enforcement conclusions (1)

• Eldra Shulterbrandt Facility, VI DOHentered 2008-07-18

  Primary law: SDWA

  Federal penalty: $2,500

Timeline (4 milestones)

• 2007-09-27Complaint Filed/Proposed Order
• 2007-09-28Enforcement Action Data Entered
• 2008-07-18Final Order Issued
• 2008-07-18Enforcement Action Closed