EPA v. LOWELL WATER DEPARTMENT - TOWN OF

Case summary

THE TOWN OF LOWELL WATER DEPT. HAS VIOLATED SECTION 1414(G) OF THE SDWA, 42 U.S.C. 300G-3(G) AND ITS IMPLEMENTING REGULA TIONS AT 40 C.F.R. PART 141. THE REGULATIONS ARE PART OF THE NATIONAL PRIMARY DRINKING WATER REGULATIONS WHICH RE- QUIRE PUBLIC WATER SYSTEMS TO COMPLY WITH MAXIMUM CONTAMI- NANT LEVELS (MCL) SET BY THE ADMINISTRATOR AND REQUIRE COM- PLIANCE WTIH VARIOUS NOTIFICAITON REQUIREMENTS. - THIS REFERRAL IS BASED ON A SANITARY SURVEY VISIT CONDUCTED BY EPA, REGION 5, TO LOWELL'S WATER SYSTEM IN AUGUST 1987. THE AVERAGE ANALYSES RESULTS OF 4 SAMPLES TAKEN FROM LOWELL'S DRINKING WATER SUPPLY THAT MONTH EXCEEDED THE MCL FOR FLUORIDE, AS PRESCRIBED BY 40 C.F.R. SECTION 141.11(C). CONSEQUENTLY, EPA ISSUED A PROPOSED ADMINISTRATIVE ORDER, AND THEN A FINAL ADMINISTRATIVE ORDER, WHICH REQUIRED LOWELL TO COMPLY WITH THE FLOURIDE MCL BY DECEMBER 1, 1989. LOWELL FAILED TO MEET THAT COMPLIANCE DATE AND FAILED TO COMPLY WITH THE REPORTING REQUIREMENTS OF 40 C.F.R. SECTIONS 141.31(B), (D), 141.32(A)(2) AND (E)(9). - REGION 5 SEEKS TO PERMANENTLY ENJOIN LOWELL FROM FURTHER VIOLATIONS OF THE NPDWR AND SEEKS A CIVIL PENALTY. - THIS CASE IS SIGNIFICANT TO THE REGION BECAUSE IT IS THE FIRST CIVIL JUDICIAL ACTION IT HAS PURSUED AGAINST A PUBLIC WATER SUPPLIER FOR FAILURE TO COMPLY WITH AN ADMINISTRATIVE ORDER SINCE THE SDWA WAS AMENDED IN 1986. THIS IS ALSO THE FIRST AGENCY-WIDE ENFORCEMENT ACTION INITIATED AGAINST A PUBLIC WATER SUPPLIER FOR FAILURE TO COMPLY WITH THE FLOURIDE MCL. THIS ACTION WILL SIGNAL TO ALL PUBLIC WATER SUPPLIERS THAT EPA INTENDS TO ENFORCE ITS SDWA FLOURIDE AND NOTIFICATION REGULATIONS.

Defendants (1)

• LOWELL WATER DEPARTMENT - TOWN OFNamed in complaintNamed in settlement

Facilities (1)

• LOWELL WASTEWATER TRMT PLT

  7500 BELLSHAW RD, LOWELL, IN, 46356

  Registry ID: 110000732039

Statutes cited

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

Enforcement conclusions (1)

• LOWELL WATER DEPARTMENTentered 1993-06-07

  Primary law: SDWA

  Federal penalty: $65,000

Timeline (7 milestones)

• 1987-11-01Enforcement Action Data Entered
• 1990-09-24Referred To Dept Of Justice
• 1993-04-26Complaint Filed With Court
• 1993-06-07Concluded
• 1993-06-07Final Order Lodged
• 1993-06-07Final Order Entered
• 1996-01-16Enforcement Action Closed