EPA v. CUSHMAN, CITY OF

Case summary

THE CUSHMAN WATER SYSTEM IS A PUBLIC WATER SYSTEM SUBJECT TO THE REQUIREMENTS OF THE SAFE DRINKING WATER ACT, 42 U.S.C. SECTIONS 300F TO 300J-26, AND THE NATIONAL PRIMARY DRINKING WATER REGULATIONS 40 CFR PART 141. THE WATER SYSTEM UTILIZES A SURFACE WATER SOURCE AND DOES NOT PRACTICE FILTRATION. DATING FROM 6/87 THE CUSHMAN WATER SYSTEM VIOLATED REGULATORY PROVISIONS REQUIRING IT 1. NOT TO EXCEED THE MAXIMUM CONTAMINANT LEVEL (MCL) FOR TURBIDITY, 2. NOT TO EXCEED THE MAXIMUM CONTAMINANT LEVEL FOR COLIFORM BACTERIA, 3. TO TAKE SAMPLES AND HAVE THEM ANALYZED BY AN APPROVED LABORATORY FOR COLIFORM BACTERIA, 4. TO PROVIDE NOTICE TO THE USERS OF THE CUSHMAN WATER SYSTEM CONCERNING TURBIDITY MCL AND COLIFORM BACTERIA MONITORING VIOLATIONS, 5. TO PROVIDE COPIES OF SUCH NOTICES TO THE STATE OF ARKANSAS AND 6. TO INSTALL INTERIM DISINFECTION MEASURES DEEMED NECESSARY BY THE STATE BEFORE FILTRATION IS INSTALLED. * ON 10/25/89 THE ARKANSAS DEPARTMENT OF HEALTH ISSUED AN ADMINISTRATIVE ORDER REQUIRING THE CUSHMAN WATER SYSTEM TO 1. INSTALL FILTRATION TREATMENT OR DEVELOP A NEW WATER SOURCE WITHIN 3 YEARS, 2. RETAIN A QUALIFIED CONSULTING FIRM TO PERFORM PRELIMINARY DESIGN WITHIN THIRTY DAYS, 3. SUBMIT A FINAL REPORT TO THE ARKANSAS DEPARTMENT OF HEALTH TO INCLUDE A. AN OUTLINE OF THE PROPOSED SOLUBION, B. A FUNDING MECHANISM, AND C. A TIMETABLE FOR CONSTRUCTION, 4. INSTALLATION OF BACKUP CHLORINATION EQUIPMENT WITHIN SIXTY DAYS, AND 5. INSTALLATION OF CONTINUOUS TURBIDITY MONITORING EQUIPMENT. THE CUSHMAN WATER SYSTEM FAILED TO COMPLY WITH THE STATE ADMINISTRATIVE ORDER BY NOT INSTALLING BACK-UP CHLORINATION EQUIPMENT AND CONTINUOUS TURBIDITY MONITORING EQUIPMENT WITHIN THE REQUIRED TIME PERIOD (THIS EQUIPMENT WAS INSTALLED AFTER AN EPA ADMINISTRATIVE ORDER WAS ISSUED). THE SYSTEM WAS ALSO A YEAR LATE IN SUBMITTING THE ENGINEERING REPORT. * BECAUSE THE ARKANSAS DEPARTMENT OF HEALTH DID NOT TAKE AN APPROPRIATE ACTION TO ENFORCE THEIR ADMINISTRATIVE ORDER, THE EPA ISSUED AN ADMINISTRATIVE ORDER ON 9/12/91. THIS ORDER REQUIRED COMPLIANCE WITH REGULATORY REQUIREMENTS OF THE SAFE DRINKING WATER ACT AS WELL AS A SCHEDULE FOR THE CONSTRUCTION OF TREATMENT FACILITIES TO ADDRESS THE TURBIDITY MAXIMUM CONTAMINANT LEVEL VIOLATIONS. THE CUSHMAN WATER SYSTEM HAS BEEN IN VIOLATION OF THE ADMINISTRATIVE ORDER SINCE 11/15/91 BY FAILING TO HAVE ENGINEERING PLANS FOR FILTRATION TREATMENT FACILITIES APPROVED BY THE ARKANSAS DEPARTMENT OF HEALTH. THIS SYSTEM IS BEING REFERRED FOR CIVIL ACTION BECAUSE THE CUSHMAN WATER SYSTEM HAS NOT COMPLIED WITH THE CON- STRUCTION SCHEDULE IN THE EPA ADMINISTRATIVE ORDER AND IT DOES NOT APPEAR THAT THE TOWN IS MAKING ANY SUB- STANTIAL EFFORTS TOWARDS COMPLIANCE.

Defendants (1)

• CUSHMAN, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• CITY OF CUSHMAN

  HWY 69, CUSHMAN, AR, 72526

  Registry ID: 110010774386

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• CITY OF CUSHMAN, ARKANSASentered 1995-09-30

  Primary law: SDWA

  Federal penalty: $15,000

Timeline (7 milestones)

• 1992-06-01Enforcement Action Data Entered
• 1992-09-24Referred To Dept Of Justice
• 1994-07-22Complaint Filed With Court
• 1995-09-30Final Order Lodged
• 1995-09-30Final Order Entered
• 1995-09-30Concluded
• 1995-11-29Enforcement Action Closed