EPA v. COLLEGEVILLE HEIGHTS WATER & SEWER CO.

Case summary

EPA JURISDICTION: THIS IS A PROPOSED ACTION IN THE STATE OF ARKANSAS, A STATE WITH PRIMARY ENFORCEMENT RESPONSIBILITY FOR PUBLIC WATER SYSTEMS. HOWEVER, THE SAFE DRINKING WAT- ER ACT ALLOWS THE EPA TO TAKE DIRECT ENFORCEMENT ACTION AT THE REQUEST OF THE GOVERNOR OF THE STATE OR THE HEAD OF THE APPROPRIATE STATE AGENCY. WE HAVE SUCH A REQUEST. PARTIES: MR. A.C. PAXTON IS THE OWNER OF THE COLLEGEVILLE WATER & SEWER CO. (SERVING A MOBILE HOME PARK) SINCE 1978. HE HAS BEEN MADE AWARE OF THE STATE PUBLIC WATER SUPPLY REQUIREMENTS SINCE THAT TIME. CAUSE OF ACTION: THE STATE HAS ASKED THAT WE START IN JAN. 1982, EVEN THOUGH VIOLATIONS OF THE SAME NATURE WERE OCC- URRING BEFORE THAT. THE VIOLATIONS ARE OF THE REQUIREMENT TO MONITOR THE WATER ONCE PER MONTH (FOR A SYSTEM SERVING MORE THAN 25 BUT LESS THAN 100 PERSONS) AND HAVE IT ANAL- YZED FOR MICROBIOLOGICAL CONTAMINANTS. THE DEFENDANTS HAVE SAMPLED ONLY SIX TIMES OVER THE LAST 36-MONTH PERIOD. THE DEPT. OF HEALTH HAS SENT MR. PAXTON OVER 20 LETTERS ADVISING HIM TO SAMPLE. WHEN A SUPPLIER OF WATER DOES NOT SAMPLE, IT IS REQUIRED ALSO TO NOTIFY ITS USERS THAT IT DID NOT MONITOR. TKHE DEFENDANTS HAVE NOT SO NOTIFIED ITS USERS ON AT LEAST 30 NECESSARY OCCASIONS. THE SAME LET- TERS SENT TO MR. PAXTON ADVISED HIM TO PROVIDE SUCH NOT- ICE TO HIS USERS. THE CONSISTENT DISREGARD OF THE NUMER- OUS ATTEMPTS BY THE STATE TO OBTAIN COMPLIANCE HAS CAUSED US TO PLEAD WILFUL NONCOMPLIANCE. REMEDY: WE WILL ASK THE COURT FOR AN INJUNCTION, ORDERING COMPLIANCE WITH THE REGULATIONS AND TO PROVIDE ADEQUATE PRESSURE IN ORDER TO PREVENT INFLOW. WE WILL SEEK A CIVIL PENALTY UP TO THE STATUTORY LIMITATIONS, WITH SOME EXPECT- ATION OF PENALTY MITIGATION.

Defendants (2)

• COLLEGEVILLE HEIGHTS WATER & SEWER CO.Named in complaintNamed in settlement
• A.C. PAXTONNamed in complaintNamed in settlement

Facilities (1)

• COLLEGEVILLE HEIGHTS WATER & SEWER COMPANY

  114 W SEVIER, BENTON, AR, 72015

  Registry ID: 110010743044

Statutes cited

• SDWA 1445 — Record keeping and/or Access
• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• A. C. PAXTONentered 1986-10-02

  Primary law: SDWA

Timeline (7 milestones)

• 1985-02-12Referred To Dept Of Justice
• 1985-05-10Referred TO U.S. Attorney
• 1985-05-20Complaint Filed With Court
• 1986-10-02Concluded
• 1986-10-02Enforcement Action Closed
• 1986-10-02Final Order Lodged
• 1986-10-02Final Order Entered