EPA v. ADAIR SMALLEY BEAUMONT, TEX.

Case summary

DATA SHEET: SAFE DRINKING WATER ACT, 42 USC 300F ET SEQ. * RESPONDENT: ADAIR SMALLEY 5955 MEADOW WAY BEAUMONT, TX 77662 * VIOLATIONS: RESPONDENT FAILED TO ANALYZE OR USE THE SERVICES OF AN APPROVED LABORATORY FOR COLIFORM BACTERIA AT LEAST ONCE PER MONTH. IN ADDITION, RESPONDENT EITHER DID NOT NOTIFY THE PERSONS SERVED BY THE WATER SYSTEMS OF THE FAILURE TO SAM- PLE FOR COLIFORM BACTERIA WITHIN THREE MONTHS OF SUCH FAILURE, OR FAILED TO SUBMIT REPRESENTATIVE COPIES OF THE NOTICE TO THE STATE OF TEXAS WITHIN 10 DAYS OF COMPLETION OF EACH NOTIFICATION. * PROPOSED RELIEF: REGION VI REQUESTS AN INJUNCTION AND A CIVIL PENALTY IN THE AMOUNT OF $24,963. THE CIVIL PENALTY MAY BE REDUCED SHOULD RESPONDENT AGREE TO UNDERTAKE A PROPOSED MITIGATION PROJECT. * RECENT CONTACT WITH DEFENDANT: REGION VI HAS ATTEMPTED TO CONTACT RESPONDENT BY TELEPHONE AND BY THE ISSUANCE OF PROPOSED AOS. RESPONDENT HAS NOT RESPONDED TO THESE ATTEMPTS. * * SYNOPSIS: ADAIR SMALLEY IS THE OWNER OF THREE SOUTHEAST TEXAS WATER SYSTEMS: COUGAR COUNTRY, WALNUT RIDGE AND DAIRYLAND HEIGHTS WATER SYSTEMS. MR. SMALLEY'S WATER SYSTEMS HAVE BEEN CON- SISTENTLY NONCOMPLIANT WITH THE NAT'L PRIMARY DRINKING WATER REGULATIONS AND THE SDWA. * THE TX DEPT OF HEALTH HAS PRIMARY ENFORCEMENT RESPONSIBILITY FOR PUBLIC WATER SYSTEMS WITHIN THE STATE. UNABLE TO ELICIT COMPLIANCE WITH STATE AND NATIONAL DRINKING WATER REGULA- TIONS, THE DEPT OF HEALTH FORMALLY REFERRED MR. SMALLEY AND HIS WATER SYSTEMS TO THE USEPA FOR ENFORCEMENT ACTION. * THE EPA, HAVING UNSUCCESSFULLY ATTEMPTED TO ADDRESS MR. SMALLEY'S VIOLATIONS THROUGH THE ADMIN. PENALTY PROCESS, REQUESTS THAT A CIVIL ACTION BE INSTITUTED AGAINST MR. SMALLEY. THE AGENCY SEEKS A MINIMUM CIVIL PENALTY OF $28,436 (SUBJECT TO MITIGATION) AND AN INJUNCTION ORDERING MR. SMALLEY TO COMPLY WITH THE ACT AND THE REGULATIONS.

Defendants (1)

• ADAIR SMALLEYNamed in complaint

Facilities (2)

• DAIRYLAND HEIGHTS WATER SYSTEM

  5955 MEADOW WAY, BEAUMONT, TX, 77707

  Registry ID: 110010783161

• COUGAR COUNTRY

  5955 MEADOW WAY, BEAUMONT, TX, 77707

  Registry ID: 110010743981

Statutes cited

• SDWA 1414 — Safe Drinking Water Act

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: SDWA

Timeline (8 milestones)

• 1987-12-31Enforcement Action Data Entered
• 1987-12-31Referred To Headquarters
• 1988-02-10Referred To Dept Of Justice
• 1988-03-30Complaint Filed With Court
• 1989-02-10Concluded
• 1989-02-10Enforcement Action Closed
• 1989-02-10Final Order Lodged
• 1989-02-10Final Order Entered