EPA v. SALEMVILLE WATER ASSOCIATION

Case summary

NATURE OF THE CASE: SPECIFICALLY, DEF'S HAVE VIOL'D THE FOLLOWING RE- QUIREMENTS OF THE REGULATIONS: (A) THE REPORTING REQUIRE- MENTS BY FAILING TO REPORT TO EPA RESULTS OF SAMPLING & ANALYSIS REQUIRED BY THE REGULATIONS, (B) THE MONITORING REQUIREMENTS BY FAILING TO PERFORM MICROBIOLOGICAL & TUR- BIDITY SAMPLING & ANALYSIS, EXCEPT DURING THE MONTH OF 9/78 FOR WHICH THE DEF'S REPORTED SAMPLING OF COLIFORM BACTERIA, & (C) THE REGULATIONS FOR MICROBIOLOGICAL CON- TAMINANTS & TURBIDITY. (THE 9/78 REPORTED SAMPLE CONTAIN- ED COLIFORM, A CONTAMINANT PARAMETER, IN EXCESS OF THE MAXIMUM CONTAMINANT LEVEL AUTHORIZED BY THE REGULATIONS.) SEC 1414(B) OF THE ACT, 42 USC SEC 300F-3(B), IS THE AUTHORITY FOR THIS ACTION. IT PROVIDES THAT EPA MAY BRING A CIVIL ACTION TO ENJOIN VIOL'S OF THE NATIONAL INTERIM PRIMARY DRINKING WATER REGULATIONS & THAT THE COURT MAY ENTER AN APPROPRIATE JUDGMENT, INCLUDING, IN THE CASE OF WILLFUL VIOL'S, CIVIL PLTY'S IN THE AMOUNT OF $5K/DAY. SINCE DEF'S HAVE BEEN GIVEN WRITTEN & IN PERSON NOTICE ON REPEATED OCCASIONS OF THE REQUIREMENTS OF THE ACT & THE REGULATIONS BUT CONTINUE TO VIOLATE THEM WE BELIEVE THAT DEF'S VIOL'S HAVE BEEN WILLFUL. THE INDIVIDUAL DEF'S, AS CO-OWNERS OF THE WATER SYS- TEM, ARE W/I THE JURISDICTION OF THE SDWA & ITS REGULA- TIONS. IN PARTICULAR, THE IMPLEMENTATION REGULATIONS PRO- MULGATED BY EPA PROVIDE THAT THE ADMINISTRATOR MAY COM- MENCE A CIVIL ACTION UNDER SEC 1414(B) OF THE ACT, 42 USC SEC 300-3(B), AGAINST A SUPPLIER OF WATER WHOSE SYSTEM IS NOT IN COMPLIANCE W/THE NATIONAL INTERIM PRIMARY DRINKING WATER REGULATIONS, 40 CFR SEC 142.31(A). THE ACT & REGULATIONS DEFINE A SUPPLIER OF WATER AS ONE WHO OWNS OR OPERATES A PUBLIC WATER SYSTEM. 42 USC SEC 300F (F); 40 CFR SEC 141.2(I). DEF'S MAY ARGUE THAT SINCE ALL CONSUMERS TO WHOM THE ASSOCIATION SUPPLIES WATER ARE ALSO MEMBERS & CO-OWNERS OF THE ASSOCIATION, THE WATER SYSTEM IN NOT PUBLIC . THE ASSOCIATION SERVES APPROX 28 CON- NECTIONS & BETWEEN 70 & 80 YR ROUND RESIDENTS. SINCE THE ACT DEFINES A PUBLIC WATER SYSTEM AS A SYSTEM WHICH PROVIDES TO THE PUBLIC PIPED WATER FOR HUMAN CONSUMPTION, & HAS AT LEAST 15 CONNECTIONS OR REGULARLY SERVES AT LEAST 25 INDIVIDUALS, 42 USC SEC 300(F)(4), WE BELIEVE THAT THE SYSTEM FALLS W/I THE JUSIDICTION OF THE ACT.

Defendants (1)

• SALEMVILLE WATER ASSOCIATIONNamed in complaintNamed in settlement

Facilities (1)

• SALEMVILLE WATER ASSOCIATION

  UNOBTAINABLE, SALEMVILLE, PA, 16664

  Registry ID: 110000971048

Statutes cited

• SDWA 1414 — Safe Drinking Water Act

Enforcement conclusions (1)

• SALEMVILLE WATER ASSOCIATIONentered 1983-06-09

  Primary law: SDWA

  Federal penalty: $100

Timeline (8 milestones)

• 1979-09-28Referred To Headquarters
• 1979-12-05Referred To Dept Of Justice
• 1980-07-11Referred TO U.S. Attorney
• 1980-09-29Complaint Filed With Court
• 1983-06-09Concluded
• 1983-06-09Final Order Lodged
• 1983-06-09Final Order Entered
• 1985-10-17Enforcement Action Closed