EPA v. BOCA CHICA WATER SUPPLY, INC.

Case summary

DATA SHEET: * STATUTE: SAFE DRINKING WATER ACT, 42 USC 300F ET SEQ. * RESPONDENT BOCA CHICA WATER SUPPLY, INC. P.O. BOX 3632 BROWNSVILLE, TX 78521 * VIOLATIONS: 1) FAILURE TO ANALYZE OR USE THE SERVICES OF AN APPROVED LABORATORY FOR COLIFORM BACTERIA AT LEAST ONCE PER MONTH. 2) FAILURE TO TAKE SAMPLES AT A REPRESENTATIVE ENTRY POINT TO THE WATER SYSTEM AT LEAST ONCE PER DAY FOR THE PUR- POSE OF MAKING TURBIDITY MEASUREMENTS. 3) FAILURE TO REPORT TO THE STATE THE RESULTS OF COLIFORM BACTERIA ANALYSIS AND TURBIDITY SAMPLING WITHIN THE FIRST TEN DAYS FOLLOWING THE MONTH IN WHICH THE RESULT IS RECEIVED. 4) FAILURE TO REPORT TO THE STATE WITHIN 48 HOURS VIOLATION OF THE COLIFORM ANALYSIS AND TURBIDITY SAMPLING REGULA- TIONS. 5) FAILURE TO NOTIFY PERSONS SERVED BY THE WATER SYSTEM OF NONCOMPLIANCE WITH THE COLIFORM ANALYSIS AND TURBIDITY SAMPLING REGULATIONS BY INCLUSION OF A NOTICE IN THE FIRST SET OF WATER BILLS ISSUED AFTER THE INITIAL VIOLA- TION AND IN ANY EVENT BY WRITTEN NOTICE WITHIN THREE MONTHS. 6) FAILURE TO REPEAT SUCH NOTICE AT LEAST ONCE EVERY THREE SO LONG AS THE SYSTEM'S NONCOMPLIANCE CONTINUES. 7) FAILURE TO SUBMIT TO THE STATE A REPRESENTATIVE COPY OF EACH TYPE OF PUBLIC NOTICE GIVEN WITHIN 10 DAYS OF COM- PLETION OF EACH SUCH NOTIFICATION. 8) VIOLATION OF AN EPA ADMIN. COMPLIANCE ORDER. PROPOSED RELIEF: REGION VI REQUESTS AN INJUNCTIVE AND CIVIL PENALTY IN THE AMUNT OF $15,870. * RECENT CONTACT WITH RESPONDENT: ON OCTOBER 30, 1987, EPA ISSUED A FINAL AO REQUIRING BOCA CHICA WATER SUPPLY, INC. TO ANALYZE FOR COLIFORM BACTERIA AT LEAST ONCE PER MONTH AND TO TAKE TURBIDITY SAMPLES AT LEAST ONCE PER DAY. BOCA CHICA HAS NOT COMPLIED WITH THE REQUIREMENTS OF SAID ORDER. * * SYNOPSIS: BOCA CHICA WATER SUPPLY, INC. IS THE OWNER OF BOCA CHICA WATER SYSTEM IN CAMERON COUNTY, TX. RESPONDENT'S WATER SYSTEM HAS BEEN CONSISTENTLY NONCOMPLIANT WITH THE NATIONAL PRIMARY DRINKING WATER REGULATIONS AND THE SDWA. * THE TEXAS DEPT OF HEALTH HAS PRIMARY ENFORCEMENT RESPONSIBI- LITY FOR PUBLIC WATER SYSTEMS W/I THE STATE. HAVING UNSUC- CESSFULLY ATTEMPTED TO ELICIT COMPLIANCE WITH STATE DRINKING WATER REGULATIONS, THE DEPT OF HEALTH FORMALLY REFERRED RESPONDENT AND BOCA CHICA WATER SYSTEM TO THE USEPA FOR ENFORCEMENT ACTION. * EPA REQUESTS THAT A CIVIL ACTION BE INSTITUTED AGAINST RESPONDENT. THE AGENCY SEEKS A MINIMUM CIVIL PENALTY OF $15,870 AND AN INJUNCTION ORDERING RESPONDENT TO COMPLY WITH THE ACT ITS IMPLEMENTING REGULATIONS.

Defendants (1)

• BOCA CHICA WATER SUPPLY, INC.Named in complaintNamed in settlement

Facilities (1)

• BOCA CHICA WATER SUPPLY INC

  STAR ROUTE BOX 98, BROWNSVILLE, TX, 78521

  Registry ID: 110010699752

Statutes cited

• SDWA 1414 — Safe Drinking Water Act

Enforcement conclusions (1)

• BOCA CHICA WATER SUPPLY, INC.entered 1989-12-11

  Primary law: SDWA

  Federal penalty: $16,000

Timeline (8 milestones)

• 1988-04-04Enforcement Action Data Entered
• 1988-06-06Referred To Headquarters
• 1988-07-07Referred To Dept Of Justice
• 1989-08-02Complaint Filed With Court
• 1989-12-11Final Order Lodged
• 1989-12-11Final Order Entered
• 1989-12-11Concluded
• 1994-06-14Enforcement Action Closed