EPA v. WELSH, GLENN IN RE

Case summary

ON SEPTEMBER 30, 1999, EPA FILED AN ADMINISTRATIVE COMPLAINT AND NOTICE OF OPPORTUNITY TO REQUEST HEARING (SDWA-3-99-0005 AGAINST GLEN WELSH, OWNER, NEW CREEK INVESTMENTS, ALLEGING THAT MR. WELSH HAD VIOLATED THE SAFE DRINKING WATER ACT ( SDWA ), 42 U.S.C. SECTION 300F ET SEQ. SDWA SECTION 1401 ET SEQ., AND ITS IMPLEMENTATING REGULATIONS INCLUDING, 40 CC.F.R. PART 141, BY FAILING TO MONITOR FOR LEAD AND COPPER, COLIFORM BACTERIA, NITRATE, ALPHA PARTICLE ACTIVITY, FOR FAILING TO PERFORM A MATERIALS EVALUATION AND SITE SELECTION AND FOR FAILING TO PROVIDE PUBLIC NOTIFICATION OF ITS FAILURES TO COMPLY WITH THESE MONITORING REQUIREMENTS. ON APRIL 28, 2000, A DEFAULT ORDER WAS ISSUED BY BENJAMIN KALKSTEIN, REGIONAL JUDICIAL OFFICER AGAINST GLEN WELSH AND ORDERED THAT MR. WELSH WAS LIABLE FOR $5,000 FOR VIOLATION ALLEGED IN THE COMPLAINT. FURTHER, NO APPEAL WAS FILED AND THE ENVIRONMENTAL APPEALS BOARD ELECTED NOT TO REVIEW THE CASE SUA SPONTE. THE DEFAULT ORDER BECAME THE BOARD'S FINAL ORDER UNDER 40 C.F.R. SECTION 22.27. ON SEPTEMBER 23, 2000, MR. WELSH WAS SERVED THE DEFAULT ORDER BY A FEDERAL PROCESS SERVER. ON DECEMBER 28, 2000, GLEN WELSH FILED A PETITION UNDER CHAPTER 7 WHICH WAS CONVERTED TO A PETITION TO REORGANIZE UNDER CHAPTER 11 ON JANUARY 12, 2001 IN THE UNITED STATES BANKRUPCTY COURT IN THE NORTHERN DISTRICT OF WEST VIRGINIA. ON DECEMBER 20, 2000, JANUARY 22, 2001, FEBRUARY 22, 2001, EPA SENT TO MR. WELSH DELINQUENCY NOTICES REQUESTING PAYMENT OF THE $5,000 DEBT. THE BAR DATE FOR THE GOVERNMENT TO FILE A CLAIM IS AUGUST 15, 2001. AS A RESULT OF THIS BANKRUPTCY MATTER, IT IS NECESSARY FOR EPA TO FILE WITH THE COURT A PROOF OF CLAIM IN ORDER TO RECOVER $5,000 WHICH REPRESENTS THE UNPAID PENALTY BASED ON A COMPLAINT ISSUED UNDER THE SAFE DRINKING WATER ACT AND THE SUBSEQUENT DEFAULT ORDER.

Defendants (1)

• Welsh, Glen In reNamed in complaintNamed in settlement

Facilities (1)

• NEW CREEK INVESTMENTS

  ROUT 50, 5 M S OF KEYSER, VA, KEYSER, WV, 26726

  Registry ID: 110028116287

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• WELSH, GLENN IN REentered 2005-10-05

  Primary law: SDWA

  Federal penalty: $7,782

Timeline (5 milestones)

• 2001-07-23Referred To Dept Of Justice
• 2001-08-02Enforcement Action Data Entered
• 2004-05-20Complaint Filed With Court
• 2005-10-05Final Order Entered
• 2005-10-05Final Order Lodged