EPA v. BETHANY, IND., TOWN OF

Case summary

BRIEF SYNOPSIS OF THE CASE: THE TOWN OF BETHANY OWNS AND OPERATES A COMMUNITY WATER SY STEM FOR THE TOWN OF BETHANY, INDIANA. FROM FEBRUARY 1982, TO MARCH 1986, THE SYSTEM HAS EXPERIENCED SEVEN VIOLATIONS OF THE MAXIMUM CONTAMINANT (MCL) LEVEL FOR COLIFORM BACTERIA CONTAINED IN THE NATL PRIMARY DRINKING WATER REGULATIONS. THREE VIOLATIONS OF MONITORING AND SAMPLING REQUIREMENTS FOR COLIFORM BACTERIA ALSO OCCURRED DURING THE SAME TIME PERIOD. THE TOWN OF BETHANY ALSO FAILED TO NOTIFY USERS OF THE SYS- TEM AND THE PUBLIC WHEN SIX OF THE MCL VIOLATIONS AND ALL OF THE MONITORING AND SAMPLING VIOLATIONS OCCURRED, AS REQUIRED BY THE REGULATIONS. BECAUSE INDIANA DOES NOT HAVE AN APPROVED STATE PROGRAM, USEPA HAS AUTHORITY TO ENFORCE THE REQUIREMENTS OF THE SAFE DRINKING WATER ACT AND THE NATL INTERIM PRIMARY DRINKING WA- TER REGULATIONS PROMULGATED THEREUNDER. CONCLUSION: WE HAVE CONCLUDED THAT REFERRAL OF THIS MATTER IS APPROPRI ATE. THE PROJECTED DEFENDANT'S FAILURE TO COMPLY WITH REPOR TING AND NOTIFICATION REQUIREMENTS, COUPLED WITH THE PAST FAILURE TO PRODIVE DRINKING WATER WHICH DOES NOT EXCEED THE MCL FOR COLIFORM BACTERIA, GIVES RISE TO A POTENTIAL THREAT TO PUBLIC HEALTH WHICH SHOULD BE ABATED.

Defendants (1)

• BETHANY, TOWN OFNamed in complaintNamed in settlement

Facilities (1)

• BETHANY WATER UTILITY

  7285 BETHANY DR, MARTINSVILLE, IN, 46151

  Registry ID: 110010701552

Statutes cited

• SDWA 1445 — Record keeping and/or Access
• SDWA 1414 — Safe Drinking Water Act

Enforcement conclusions (1)

• BETHANY, INDIANA - TOWN OFentered 1988-12-14

  Primary law: SDWA

  Federal penalty: $500

Timeline (8 milestones)

• 1986-06-23Enforcement Action Data Entered
• 1986-09-30Referred To Dept Of Justice
• 1987-02-24Referred TO U.S. Attorney
• 1987-02-26Complaint Filed With Court
• 1988-12-14Final Order Lodged
• 1988-12-14Final Order Entered
• 1988-12-14Concluded
• 1989-12-14Enforcement Action Closed