EPA v. WEST CARROLL, TWP OF

Case summary

THIS ACTION IS A SUIT FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF FOR VIOLATIONS OF THE SAFE DRINKING WATER ACT (SWDA) PURSUANT TO SECT 1414 OF THE ACT, 42 U.S.C. SECT 300(G-3), WHICH PROVIDES THAT: (A)(2) WHNEVER, ON THE BASIS OF INFORMATION AVAILABLE TO HIM, THE ADMINISTRATOR FINDS DURING A PERIOD DURING WHICH THE STATE DOES NOT HAVE PRIMARY ENFORCEMENT RESPONSIBILITY FOR PUBLIC WATER SYSTEMS THAT A PUBLIC WATER SYSTEM IN SUCH STATE- (A) FOR WHICH A VARIANCE UNDER SECT 1415(A-2) OR AN EXEMPTION UNDER SECT 1416(F) IS NOT IN EFFECT, DOES NOT COMPLY WITH ANY NATIONAL PRIMARY DRINKING WATER REGULATION IN EFFECT UNDER SECT 1412...HE MAY COMMENCE A CIVIL ACTION UNDER SUBSECTION (B). THE PROPOSED DEFENDANT (DEF) IS THE WATER & SEWAGE AUTHOR- ITY OF THE TWOSHIP OF WEST CARROL, WHICH OWNS & OPERATES TWO WATER SUPPLY SYSTEMS, THE BAKERTON SYSTEM WITH 225 SERVICE CONNECTIONS & THE ST. BENEDICT SYSTEM WITH 99 SERVICE CON- NECTIONS. SINCE NOVEMBER 1978, BOTH SYSTEMS HAVE BEEN IN CONTINUOUS VIOLATION OF THE MAXIMUM CONTAMINANT LEVEL (MCL) FOR TURBIDITY, THE MCL BEING 1 TURBIDITY UNIT (NTU) AS A MONTHLY AVERAGE & 5 NTU FOR A TWO DAY AVERAGE. FROM JUNE 14 1977 TO NOVEMBER 1978, THE AUTHORITY VIOLATED THE INTERIM REGULATIONS BY FAILING TO MONITOR AND REPORT TURBIDITY. EPA HAS FULLY INFORMED THE PROPOSED DEF OF THE ACT'S REQU- IREMENTS & THE REGULATIONS. SINCE OCTOBER 1978 EPA HAS, BY CORRESPONDENCE, TELEPHONE, PERSONAL MEETINGS AND INSPECTION, TRIED TO OBTAIN COMPLIANCE W/OUT COURT ACTION. IMPROVEMENTS TO THE TWO SYSTEMS WILL COST APPROX. $1.7M. THE FARMERS HOME ADMINISTRATION (FMHA) AND THE DEPT. OF HOUSING & URBAN DE- VELOPMENT (HUD) OFFERED WEST CARROLL A GRANT & LOAN PACKAGE TO MAKE IMPROVEMENTS OT THE SYSTEMS. A STIPULATION OF THE GRANT & LOAN WAS A MANDATORY HOOK-UP REQUIREMENT. A MANDA- TORY HOOK-UP ORDINANCE WAS NOT ENACTED BY WEST CARROLL & THE GRANT & LOAN PACKAGE FROM FMHA & HUD WAS REFUSED. THUS, THE AUTHORITY IS NOT ONLY A WILLFUL VIOLATION (A REQUIREMENT FOR PENALTIES) BUT HAS ALSO SHOWN THAT THEY HAVE NOT MADE AN EFFORT IN GOOD FAITH TO COMPLY WITH THE ACT & REGULATIONS.

Defendants (1)

• WEST CARROLL, TWP OFNamed in complaintNamed in settlement

Facilities (1)

• WEST CARROLL TWP

  BOX 27, WEST CARROLL, PA, 15773

  Registry ID: 110010606497

Statutes cited

• SDWA 1414 — Safe Drinking Water Act

Enforcement conclusions (1)

• WEST CARROLL, TWP OFentered 1987-04-14

  Primary law: SDWA

  Federal penalty: $1,000

Timeline (8 milestones)

• 1980-09-23Referred To Headquarters
• 1981-03-11Referred To Dept Of Justice
• 1983-03-24Referred TO U.S. Attorney
• 1983-04-07Complaint Filed With Court
• 1987-04-14Final Order Lodged
• 1987-04-14Final Order Entered
• 1987-04-14Concluded
• 1987-06-04Enforcement Action Closed