EPA v. ROBERT MORRISON

Case summary

LITIGATION REFERRAL OF SAFE DRINKING WATER ACT VIOLATION: MORRISON'S MOBILE HOME PARK AND ROBERT MORRISON, DANVILLE, INDIANA CASE SUMMARY THE PROPOSED DEFENDANTS, MORRISON'S MOBILE HOME PARK AND ROBERT MORRISON, HAVE REPEATEDLY VIOLATED THE SAFE DRINKING WATER ACT, 42 U.S.C. SECTION 300 F ET.SEQ., AND EPA'S NATIONAL INTERIM PRIMARY DRINKING WATER REGULATIONS PROMULGATED THEREUNDER, 40 C.F.R. PART 141. FROM 1983 TO 1984, THE DRINKING WATER SUPPLIED BY MORRISON'S MOBILE HOME PARK FOR USE HAS BEEN FOUND THREE TIMES TO EXCEED MAXIMUM CONTAMINANT LEVELS (MCL) FOR COLI- FORM 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. MORRISON'S MOBILE HOME PARK AND ROBERT MORRISON HAVE FAILED TO SAMPLE THEIR WATER AND REPORT ANALYTICAL RESULTS TO EPA ON TWENTY- ONE OCCATIONS IN VIOLATION OF 40 C.F.R. SECTIONS 141.21 AND 141.31. MORRISON HAS 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 CALLS, WRITTEN AND PERSONAL CONTACTS WITH MORRISON BEGINNING IN 1981, ALL MADE IN AN ATTEMPT TO OBTAIN COM- PLIANCE INFORMALLY. AFTER REPEATED CONTACTS BY EPA EMPLOY- EES WERE UNSUCCESSFUL, AN ADMINISTRATIVE FINDINGS AND ORDER LETTER WAS SENT TO MR. MORRISON ON JUNE 30, 1983 AND ANOTHER ON SEPTEMBER 6, 1983. AFTER ADDITIONAL MONTHLY VIOLATIONS OCCURRED, AN ADMINISTRATIVE COMPLIANCE AGREE- MENT WAS SENT TO MR. MORRISON ON MARCH 9, 1984 AND ANOTHER ON APRIL 16, 1984. THE LAST COMPLIANCE AGREEMENT WAS DELI- VERED TO MR. MORRISON BY THE U.S. MARSHAL ON MAY 2, 1984, AFTER THE ORIGINAL COMPLIANCE AGREEMENT WAS RETURNED BY THE U.S. POSTAL SERVICE. NEITHER MR. MORRISON NOR ANY OTHER AGENT OF THE MORRISON'S MOBILE HOME PARK 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 NECES- SARY TO ENSURE COMPLIANCE WITH THE MAXIMUM CONTAMINANT LEVELS AS WELL AS THE REPORTING AND NOTIFICATION REQUIRE- MENTS CONTAINED IN THE NATIONAL INTERIM PRIMARY DRINKING WATER REGULATIONS. DUE TO THE PATTERN OF NONCOMPLIANCE BY MR. MORRISON, CIVIL PENALTIES WOULD ALSO BE APPROPRIATE. THIS CASE SHOULD NOT PRESENT ANY FACTUAL OR LEGAL ISSUES OF A PRECEDENTIAL NATURE. HOWEVER, THE CASE IS SIGNIFICANT BECAUSE IT WOULD BE ONLY THE SECOND CIVIL ACTION BROUGHT UNDER THE SAFE DRINKING WATER ACT IN INDIANA, THE ONLY STATE IN REGION V WHICH HAS NOT ASSUMED PRIMARY EN- FORCEMENT RESPONSIBILITIES FOR PUBLIC WATER SYSTEMS. AS THE SECOND 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)

• MORRISON, R.Named in complaintNamed in settlement

Facilities (1)

• MORRISON MOBILE HOME PARK

  US 36 & SR 267 1/5 MI W, DANVILLE, IN, 46122

  Registry ID: 110010701945

Statutes cited

• SDWA 1414 — Safe Drinking Water Act

Enforcement conclusions (1)

• ROBERT MORRISONentered 1987-02-13

  Primary law: SDWA

  Federal penalty: $1,200

Timeline (7 milestones)

• 1985-03-01Enforcement Action Data Entered
• 1985-03-29Referred To Dept Of Justice
• 1985-07-01Complaint Filed With Court
• 1987-02-13Final Order Lodged
• 1987-02-13Final Order Entered
• 1987-02-13Concluded
• 1988-08-13Enforcement Action Closed