EPA v. CAREFREE HOMES

Case summary

NATURE OF CASE CAREFREE HOMES, INC. AND ROBERT DE ROSE, ITS PRESIDENT, THE PROPOSED DEFENDANTS, HAVE REPEATEDLY VIOLATED THE SAFE DRINKING WATER ACT, 42 U.S.C. SECTION 300F ET SEQ., AND EPA'S NATIONAL INTERIM PRIMARY DRINKING WATER REGULATIONS PROMULGATED THEREUNDER, 40 C.F.R. PART 141.}i CAUSE OF ACTION THE DRINKING WATER SUPPLIED BY CAREFREE HOMES, INC. FOR USE AT THE CAREFREE HOMES MOBILE HOME PARK HAS REPEATEDLY BEEN FOUND TO EXCEED MAXIMUM CONTAMINANT LEVELS (MCL) FOR COLIFORM BACTERIA, WHICH ARE CODIFIED AT 40 C.F.R. SECTION 141.14. THIS BACTERIOLOGICAL CONTAMINATION PRESENTS A POTENTIAL HEALTH RISK TO USERS OF THE SYSTEM. CAREFREE AND DE ROSE HAVE FAILED TO SAMPLE THEIR WATER AND REPORT ANALYTICAL RESULTS TO EPA, IN VIOLATION OF 40 C.F.R. SECTION 141.21 AND 141.31. CAREFREE AND DE ROSE HAVE ALSO FAILED TO NOTIFY USERS OF THE SYSTEM OF EXCEEDANCES OF THE MCL OR OTHER VIOLATIONS OF THE REGULATIONS IN VIOLATION OF 40 C.F.R. SECTION 141.32. THESE VIOLATIONS HAVE CONTINUED DESPITE A NUMBER OF EPA TELEPHONE, WRITTEN AND PERSONAL CONTACTS WITH CAREFREE HOMES, INC. AND DE ROSE BEGINNING IN EARLY 1980 IN AN ATTEMPT TO OBTAIN COMPLIANCE INFORMALLY. AFTER REPEATED CONTACTS BY EPA EMPLOYEES WERE UNSUCCESSFUL, AN ADMINISTRATIVE FINDINGS AND ORDER LETTER WAS SENT TO MR. DE ROSE ON AUGUST 1, 1983. PROPOSED REMEDY NEITHER MR. DE ROSE NOR ANY OTHER AGENT OF CAREFREE HOMES, INC. HAS RESPONDED IN A SATISFACTORY MANNER. A CIVIL ACTION IS, THEREFORE, NECESSARY TO OBTAIN A JUDGMENT OR A CONSENT DECREE WHICH WOULD REQUIRE THE MEASURES NECESSARY TO ENSURE COMPLIANCE WITH THE MAXIMUM CONTAMINANT LEVELS AS WELL AS THE REPORTING AND NOTIFICATION REQUIREMENTS CONTAINED IN THE NATIONAL INTERIM PRIMARY DRINKING WATER REGULATIONS. DUE TO THE PATTERN OF NONCOMPLIANCE BY CAREFREE HOMES, INC. AND MR. DE ROSE, CIVIL PENALTIES MIGHT ALSO BE APPROPRIATE. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE THIS CASE SHOULD NOT PRESENT ANY FACTUAL OR LEGAL ISSUES OF A PRECEDENTIAL NATURE. HOWEVER, THE CASE IS SIGNIFICANT BECAUSE IT WOULD BE THE FIRST CIVIL ACTION BROUGHT UNDER THE SAFE DRINKING WATER ACT IN INDIANA, THE ONLY STATE IN REGION V WHICH HAS NOT ASSUMED PRIMARY ENFORCEMENT RESPONSIBILITIES FOR PUBLIC WATER SYSTEMS. AS THE FIRST ENFORCEMENT ACTION UNDER THE SAFE DRINKING WATER ACT IN REGION V, IT WILL BE AN IMPORTANT STEP IN THE DEVELOPMENT OF EPA'S ENFORCEMENT POLICIES AND PRACTICES FOR APPLICATION IN INDIANA AND IN OTHER STATES IN THE REGION.

Defendants (1)

• DE ROSE, ROBERTNamed in complaintNamed in settlement

Facilities (1)

• CAREFREE HOMES MOBILE HOME PAR

  I 69 & SR 13, PENDLETON, IN, 46064

  Registry ID: 110006765296

Statutes cited

• SDWA 1414 — Safe Drinking Water Act

Enforcement conclusions (1)

• CAREFREE HOMESentered 1988-05-16

  Primary law: SDWA

  Federal penalty: $7,500

Timeline (8 milestones)

• 1983-12-19Enforcement Action Data Entered
• 1984-01-17Referred To Dept Of Justice
• 1984-03-08Referred TO U.S. Attorney
• 1984-03-15Complaint Filed With Court
• 1988-05-16Final Order Lodged
• 1988-05-16Final Order Entered
• 1988-05-16Concluded
• 1989-06-16Enforcement Action Closed