EPA v. PAXTON WATER CORP AND LEE HIATT

Case summary

REFERRAL OF PAXTON WATER CORPORATION THE STATUTES AND REGULATIONS WHICH ARE THE BASIS FOR THE PROPOSED ACTION, INCLUDING STATE REGULATIONS, IF APPLICABLE: SECTION 1414 OF THE SAFE DRINKING WATER ACT, 42 U.S.C. SECTION 300 G-3, EPA REGULATIONS AT 40 C.F.R. PART 141. THE NAME AND LOCATION OF THE DEFENDANTS: PAXTON WATER CORPORATION AND LEE HIATT, PRESIDENT, R.R. #3, P.O. BOX 175, CARLISLE, INDIANA. THE VIOLATIONS UPON WHICH THE ACTION IS BASED: VIOLATIONS OF PUBLIC WATER SUPPLY REGULATIONS REQUIRING COMPLIANCE WITH MAXIMUM CONTAMINANT LEVELS (MCL'S), SAMPLING AND REPORTING REQUIREMENTS, PUBLIC AND USER NOTIFICATIONS. THE PROPOSED RELIEF TO BE SOUGHT, INCLUDING INJUNCTION, AND PROPOSED AMOUNT OF PENALTY TO BE SOUGHT AT SETTLEMENT, IF APPLICABLE: PERMANENT INJUNCTION REQUIRING COMPLIANCE WITH PUBLIC WATER SUPPLY REGULATIONS AND REQUIRING THAT CERTAIN REMEDIAL ACTION BE TAKEN. BOTTOM LINE CIVIL PENALTY OF $10,000. THE RECENT CONTACTS WITH THE DEFENDANTS, INCLUDING ANY PRE- VIOUS ADMINISTRATIVE ENFORCEMENT ACTIONS TAKEN, AND NEGOTIA- TIONS, IF ANY: NUMBEROUS NOTICES OF VIOLATION OVER THE PAST FOUR YEARS. FINDINGS AND ORDER LETTER SENT FEBRUARY 16, 1984. COMPLIANCE AGREEMENT SENT MARCH 26, 1985, SIGNED BY DEFENDANTS ON APRIL 9, 1985. INSPECTIONS COMPLETED ON DECEMBER 20, 1983 AND OCTOBER 29, 1985. THE SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES: THIS IS THE FIRST REGION V CASE AGAINST A COMMUNITY PUBLIC WATER SUPPLY SERVICING A POPULATION GREATER THAN 1,000 PERSONS. DATE OF INSPECTION, INFORMATION RESPONSE OR RECEIPT OF EVI- DENCE OF VIOLATION WHICH LED TO DECISION TO INITIATE EN- FORCEMENT PROCEEDINGS: MCL VIOLATIONS OCCURRING IN AUGUST AND SEPTEMBER 1985 AND INSPECTION CONDUCTED OCTOBER 29, 1985. DATE, IF APPLICABLE, THAT THE TECHNICAL SUPPORT DOCUMENTS FROM THE PROGRAM, OR SUPPORT DOCUMENTS NECESSARY FOR PREPAR- ATION OF A REFERRAL REACHED THE REGIONAL COUNSEL'S OFFICE: NOVEMBER 26, 1985 ANY OTHER ASPECT OF THE CASE WHICH IS SIGNIFICANT OR SHOULD BE HIGHLIGHTED INCLUDING ANY EXTRAORDINARY RESOURCE DEMANDS WHICH THE CASE MAY REQUIRE: REMEDIAL ACTION TO PRECLUDE FUTURE MCL VIOLATIONS IS CRITICAL IN THIS CASE. RELIANCE ON CHLORINATION IS NOT A LONG-TERM SOLUTION TO THE SOURCE OF VIOLATIONS.

Defendants (1)

• PAXTON WATER CORP.Named in complaintNamed in settlement

Facilities (1)

• PAXTON WATER CORP

  CR 425 S & CR 100 E, PAXTON, IN, 47865

  Registry ID: 110012139747

Statutes cited

• SDWA 1414 — Safe Drinking Water Act

Enforcement conclusions (1)

• PAXTON WATER CORP. & L. HIATTentered 1987-01-15

  Primary law: SDWA

  Federal penalty: $3,000

Timeline (8 milestones)

• 1985-10-29Enforcement Action Data Entered
• 1985-12-31Referred To Dept Of Justice
• 1986-04-02Referred TO U.S. Attorney
• 1986-04-11Complaint Filed With Court
• 1987-01-15Final Order Lodged
• 1987-01-15Final Order Entered
• 1987-01-15Concluded
• 1988-07-15Enforcement Action Closed