EPA v. ORVILLE DAVIDSON (AKA PORTLAND, IN.)

Case summary

SYNOPSIS OF CASE: ORVILLE DAVIDSON, WHO RESIDES IN PORTLAND, IN., IS THE DE- FENDANT IN THIS ACTION. ON MARCH 2, 1987, USEPA ISSUED A PROPOSED ADMINISTRATIVE ORDER PURSUANT TO THE PROVISIONS OF SECT 1423C2 OF THE SAFE DRINKING WATER ACT, 42 USC S300H-2C2, CITING ORVILLE DAVID- SON, AS OPERATOR OF AN UNDERGROUND INJECTION WELL IN JAY CTY IN., FOR VIOLATIONS OF THE UNDERGROUND INJECTION CONTROL (UIC) REGULATIONS (40 CFR PART 144) AT HIS WELL. THEREAFTER, MR. DAVIDSON SUPPLIED USEPA WITH INFORMATION THAT LED THE AGENCY TO CONCLUDE THAT THE PROPOSED ADMINISTRA TIVE ORDER WAS INAPPROPRIATE AND THUS, ON SEPTEMBER 14, 1987 A SECOND PROPOSED ADMINISTRATIVE ORDER CITING DAVIDSON FOR DIFFERENT VIOLATIONS OF THE SAME UIC REQUIREMENTS WAS SENT. MR. DAVIDSON RESPONDED WITH INFORMATION THAT IN PART COM- PLIED WITH THE PROPOSED ORDER. A FINAL ADMINISTRATIVE ORDER AFTER OPPORTUNITY FOR PUBLIC COMMENT, WAS ISSUED ON MARCH 25, 1988, ASSESSING A CIVIL PENALTY OF $1,750 FOR VIOLATIONS OF THE UIC REGULATIONS. THIS ORDER BECAME EFFECTIVE APRIL 25, 1988, AND PAYMENT OF THE PENALTY WAS DUE MAY 25, 1988. TO DATE, THIS PENALTY AMOUNT HAS REMAINED UNCOLLECTED. PURSUANT TO SECT 1423C7, THE ADMINISTRATOR MAY REQUEST THE ATTORNEY GENERAL TO BRING A CIVIL ACTION IN AN APPROPRIATE DISTRICT TO RECOVER THE PENALTY ASSESSED AFTER AN ADMINISTRA TIVE ORDER HAS BECOME EFFECTIVE. CONCLUSION: I HEREBY REQUEST THAT YOU FILE THIS ACTION ON BEHALF OF THE U.S. IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DIS- TRICT OF INDIANA, FORT WAYNE DIV. REGION V BELIEVES THAT THIS CASE IS SIGNIFICANT EVEN THOUGH THE AMOUNT IS SMALL BE- CAUSE IT IS THE FIRST UNILATERALLY ASSESSED PENALTY TO RE- QUIRE COLLECTION AND IT IS ESSENTIAL TO THE CREDIBILITY AND EFFECTIVENESS OF THE RELATIVELY NEW UIC ENFORCEMENT PROGRAM TO FOLLOW-UP ON UNCOLLECTED PENALTY MATTERS.

Defendants (1)

• ORVILLE DAVIDSONNamed in complaintNamed in settlement

Facilities (1)

• DAVIDSON ORVILLE

  RR 4 BOX 246, PORTLAND, IN, 47371

  Registry ID: 110010737630

Statutes cited

• SDWA 1423C — UIC - Violation of 1423(c) AO

Enforcement conclusions (1)

• ORVILLE DAVIDSONentered 1990-04-18

  Primary law: SDWA

  Federal penalty: $2,401

Timeline (7 milestones)

• 1988-05-25Enforcement Action Data Entered
• 1989-04-17Referred To Dept Of Justice
• 1989-08-01Complaint Filed With Court
• 1990-04-18Final Order Lodged
• 1990-04-18Final Order Entered
• 1990-04-18Concluded
• 1990-05-22Enforcement Action Closed