EPA v. CARLISLE, INDIANA-TOWN OF

Case summary

I. SYNOPSIS OF THE CASE THE TOWN OF CARLISLE OWNS AND OPERATES A COMMUNITY WATER SUPPLY SYSTEM FOR THE SOUTHERN INDIANA COMMUNITY OF CAR- LISLE, IN SULLIVAN COUNTY. THE TOWN OF CARLISLE'S PUBLIC WATER SYSTEM IS SUBJECT TO THE NATIONAL PRIMARY DRINKING WATER REGULATIONS(40 C.F.R. PART 141) PROMULGATED UNDER THE SAFE DRINKING WATER ACT (SWDA). SINCE OCTOBER 1982, THE TOWN OF CARLISLE'S WATER SYSTEM HAS EXCEEDED THE MAXI- MUM CONTAMINANT LEVELS (MCLS) FOR COLIFORM BACTERIA IN VIO- LATION OF 40 C.F.R. SEC. 141.14. VIOLATIONS OF THE COLIFORM BACTERIA MCL HAVE TRADITIONALLY BEEN REGARDED AS POTENTIALLY SERIOUS THREATS TO PUBLIC HEALTH BECAUSE THE PRESENCE OF SUCH BACTERIA IS AN INDICATOR OF POTENTIALLY UNSAFE WATER. IN ADDITION, THE TOWN OF CARLISLE HAS FAILED TO SAMPLE ITS WATER AND REPORT ANALYTICAL RESULTS TO EPA ON THREE OCCA- SIONS IN VIOLATION OF 40 C.F.R. SEC 141.21(B) AND 141.31(A). IT HAS FAILED TO NOTIFY THE PUBLIC AND THE USERS OF ITS SYS- TEM OF THREE EXCEEDANCES OF THE MCL FOR COLIFORM BACTERIA IN VIOLATION OF 40 CFR S141.32, AND FAILED TO NOTIFY USERS OF ONE MONITORING VIOLATION. THE RELIEF SOUGHT FROM THE TOWN OF CARLISLE INCLUDES A CIVIL PENALTY IN THE RANGE OF $10,000 (MINIMUM ACCEPTABLE PENALTY) TO $70,000 (STATUTORY MAXIMUM). THIS AMOUNT RE- FLECTS: (1) THE ECONOMIC BENEFIT GAINED FROM NONCOMPLIANCE, (2) A RECALCITRANCE PENALTY, AND (3) A PENALTY FOR RISK TO PUBLIC HEALTH . FURTHER, AN INJUNCTION SHOULD BE SOUGHT RE- QUIRING DEFENDANT TO TAKE APPROPRIATE STEPS TO ASSURE COM- PLIANCE WITH THE MCL AND THE REPORTING, SAMPLING AND NOTIFI- CATION REQUIREMENTS.

Defendants (1)

• CARLISLE, INDIANA-TOWN OFNamed in complaintNamed in settlement

Facilities (1)

• CARLISLE TOWN OF

  1 N MAIN ST, CARLISLE, IN, 47838

  Registry ID: 110010729300

Statutes cited

• SDWA 1414 — Safe Drinking Water Act

Enforcement conclusions (1)

• CARLISLE, INDIANA-TOWN OFentered 1988-04-27

  Primary law: SDWA

Timeline (7 milestones)

• 1986-06-25Enforcement Action Data Entered
• 1986-09-22Referred To Dept Of Justice
• 1987-02-06Complaint Filed With Court
• 1988-04-27Final Order Lodged
• 1988-04-27Final Order Entered
• 1988-04-27Concluded
• 1990-01-02Enforcement Action Closed