EPA v. CUNA DEL VALLE COLONIA

Case summary

1. SECTION 1431 OF THE SAFE DRINKING WATER ACT ( SDWA ), 42 U.S.C. SEC. 300I. 2. CUNA DEL VALLE ARTHUR HAROLD IVEY DOROTHY COPLINGER IVEY EL PASO, EL PASO COUNTY, TEXAS 3. THE CUNA DEL VALLE COLONIA IS A SEVERLY DISTRESSED, RU- RUL, RESIDENTIAL DEVELOPMENT LOCATED IN EL PASO COUNTY, TEXAS. THE COLONIA CONTAINS APPROXIMATELY 117 LOTS OF 1/2 ACRE IN SIZE, WITH AN OCCUPANCY RATE OF SOMEWHERE NEAR 75%. BASED ON EPA'S INSPECTION OF THE SITE, WHICH INCLUD- ED INTERVIEWS WITH A SAMPLING OF THE RESIDENTS, THE VAST MAJORITY OF CUNA DEL VALLE RESIDENTS APPEAR TO BE HIS- PANIC OR MEXICAN AMERICANS. THE RESIDENTS INTERVIEWED HAD ALL PURCHASED THEIR LOTS BY MEANS OF A LAND SALES CON- TRACT REFERRED TO AS A CONTRACT FOR DEED . UNDER THESE CONTRACTS FOR DEED, THE RESIDENTS PAY A MINIMAL DOWN PAY- MENT FROM AROUND $100 TO $200 DOLLARS, AND FINANCE THE REST OF THE PURCHASE PRICE OVER A PERIOD OF YEARS. THE MAJORITY OF THE CONTRACTS FOR DEED ENTERED BY THE RESI- DENTS INTERVIEWED WERE FOR TERM OF 20 YEARS AT 12% INTER- EST. ALTHOUGH THE INITIAL PURCHASE PRICE AGREED TO BY THOSE RESIDENTS RANGED FROM $11,500 TO $19,000, DEPENDING ON THE TIME OF PURCHASE, WHEN FINANCED OVER 20 YEARS AT 12% INTEREST, THE TOTAL PURCHASE PRICE PAID WILL IN SOME INSTANCES BE CLOSE TO $50,000. UNDER THE TERMS OF THE CONTRACTS, TITLE TO THE PROPERTY DOES NOT PASS UNTIL THE FINAL PAYMENT IS MADE. IF THE RESIDENTS AT ANY TIME MISS A PAYMENT, OR FAIL TO COMPLY WITH ANY OF THE OTHER TERMS OF THE CONTRACT, THEY FORFEIT ALL INTEREST IN THE PROPER- TY, AS WELL AS ANY MONEY ALREADY PAID AT THAT POINT. CUNA DEL VALLE HAS NO ACCESS TO A PUBLIC WATER SYSTEM, AND THE GREAT MAJORITY OF RESIDENTS HAVE PRIVATE WATER WELLS. ALTHOUGH INTERVIEWS WITH THE RESIDENTS INDICATED THAT FEW PEOPLE, IF ANY, ARE CURRENTLY DRINKING WATER FROM THE WELLS, THE WATER IS GENERALLY USED FOR ALL OTHER HOUSEHOLD PURPOSES, INCLUDING BATHING, SHOWERING, DISH- WASHING AND ORAL HYGIENE. THESE OTHER HOUSHOLD USES ARE CONSIDERED HUMAN CONSUMPTION FOR PURPOSES OF THE SDWA. IN ADDITION TO NO PUBLIC WATER SYSTEM, THE COLONIA HAS NO ACCESS TO A WASTEWATER TREATMENT FACILITY. IN AN EFFORT TO DEAL WITH THIS PROBLEM, SOME RESIDENTS HAVE MANAGED TO INSTALL WHAT MIGHT UNDER DIFFERENT CIRCUMSTANCES CONSTI- TUTE ADEQUATE SEPTIC TANK SYSTEMS BY FINANCING THE COST OF THE SYSTEMS OVER SEVERAL YEARS AT VERY HIGH INTEREST RATES. HOWEVER, UNDER TEXAS LAW, IN ORDER TO PLACE A WAT- ER WELL AND A SEPTIC TANK SYSTEM ON THE SAME LOT, THE LOT MUST BE AT LEAST 1 ACRE IN SIZE TO GUARD AGAINST THE RISK OF CONTAMINATION. BECAUSE THE LOTS IN CUNA DEL VALLE ARE ONLY 1/2 ACRE, THE SEPTIC TANK SYSTEMS, EVEN IF ADEQUATE- LY CONSTRUCTED, ARE TOO CLOSE TO THE WATER WELLS TO BE CONSIDERED SAFE UNDER CURRENT TEXAS LAW. IN ADDITION, MANY RESIDENTS ARE UNABLE TO AFFORD THE COST OF SUCH SYS- TEMS EVEN WHEN STRETCHED OUT OVER SEVERAL YEARS, AND HAVE BEEN FORCED TO INSTALL PIT PRIVIES, CESS POOLS, OR RUDI- MENTARY SEPTIC SYSTEMS THAT ARE SOMETIMES NO MORE THAN LARGE PLASTIC CONTAINERS PLACED UNDERGROUND. AS WITH THE OTHERWISE ADEQUATELY CONSTRUCTED SYSTEMS, THESE MAKE- SHIFT PROVISIONS FOR SEWAGE DISPOSAL MUST, DUE TO THE SMALL SIZE OF THE LOTS, BE PLACED IN CLOSE PROXIMITY TO THE RESIDENTS'WATER WELLS. APORTION OF THE RIO GRANDE AL- LUVIUM AQUIFER UNDERLIES CUNA DEL VALLE, AND THE WATER TABLE IS VERY SHALLOW, WITH SOME WELLS ONLY 7 TO 8 FEET DEEP. THE CLOSE PROXIMITY OF THE RESIDENTS' SEWAGE DIS- POSAL SYSTEMS, MANY OF WHICH ARE INADEQUATE, TO SHALLOW WATER WELLS HAS, IN EPA'S OPINIO

Defendants (7)

• ARTHUR H. IVEY, JR.Named in complaintNamed in settlement
• ARTHUR HAROLD IVEYNamed in complaintNamed in settlement
• CDV INVESTMENTS, INC.Named in complaintNamed in settlement
• CUNA DEL VALLE, LTD.Named in complaintNamed in settlement
• DOROTHY COPLINGER IVEY
• PECOTOS CORP.Named in complaintNamed in settlement
• RIO BRAVO FARMS, LTD.Named in complaintNamed in settlement

Facilities (1)

• CUNA DEL VALLE COLONIA

  EL PASO COUNTY, EL PASO, TX, 79927

  Registry ID: 110010652597

Statutes cited

• SDWA 1431 — Emergency Powers

Enforcement conclusions (1)

• RIO BRAVO FARMS, LTD.entered 1997-04-17

  Primary law: SDWA

Timeline (7 milestones)

• 1995-09-01Enforcement Action Data Entered
• 1995-11-07Referred To Dept Of Justice
• 1997-03-16Complaint Filed With Court
• 1997-04-17Final Order Entered
• 1997-04-17Concluded
• 1997-04-17Final Order Lodged
• 1997-06-11Enforcement Action Closed