EPA v. UPPER HOLMAN MUTUAL DOMESTIC WATER CONSUMERS ASSN

Case summary

1. SECTION 1414(G) OF THE SFAE DRINKING WATER ACT ( SDWA ), 42 U.S.C. SECTION 300G-3(G). 2. UPPER HOLMAN MUTUAL DOMESTIC WATER CONSUMERS ASSN. UPPER HOLMAN WATER SYSTEM, MABEL MEDINA P.O. BOX 58 HOLMAN, MORA COUNTY, NEW MEXICO 87723 3. RESPONDENT WAS IN VIOLATION OF 40 CFR SECTION 141.63 BY DELIVERING WATER THAT EXCEEDED THE MAXIMUM CONTAMINANT LEVEL FOR COLIFORM BACTERIA. RESPONDENT FAILED TO COMPLY WITH 40 CFR SECTIONS 141.21(A), 141.21(B)(5) AND 141.21 (F)(3) BY FAILING TO COLLECT SUCH ROUTINE TOTAL COLIFORM SAMPLES AND FAILING TO CONDUCT SUCH ANALYSES. RESPONDENT ALSO FAILED TO COMPLY WITH 40 CFR SECTIONS 141.21(B)(1), 141.21(F)(3) AND 141.141.21(B)(4) BY FAILING TO COLLECT REPEAT TOTAL COLIFORM SAMPLES AND CONDUCT REPEAT COLIFORM ANALYSES WITHIN 24 HOURS OF A POSITIVE ANALYSIS. 4. RELIEF SOUGHT PURSUANT TO SECTION 1414(G) OF THE SDWA, EPA ISSUED AN ADMINISTRATIVE ORDER REQUIRING THE RESPOND- ENT TO COMPLY WITH THE CFR REGULATIONS. THE RESPONDENT MUST NOT DELIVER WATER THAT EXCEEDS THE MAXIMUM CONTAMIN- ANT LEVEL, COLLECT SUCH COLIFORM SAMPLES AND CONDUCT A- NALYSES AND COLLECT REPEAT COLIFORM SAMPLES AND CONDUCT REPEAT COLIFORM ANALYSES WITHIN 24 HOURS OF NOTIFICATION OF A POSITIVE ANALYSIS. THE AO WILL REMAIN IN FORCE UNTIL TERMINATED BY EPA. ANY VIOLATIONS OF THE AO BY THE RESPONDENT MAY RESULT IN PEN- ALTIES OR ISSUANCE OF AN ADMINISTRATIVE COMPLAINT. 5. THE STATE OF NEW MEXICO HAS PRIMARY ENFORCEMENT RESPONS- IBILITY FOR COMPLIANCE, BUT HAD NOT COMMENCED APPROPRIATE ACTION AFTER 30 DAYS OF NOTIFICATION BY EPA.

Defendants (1)

• UPPER HOLMAN MDWCANamed in complaintNamed in settlement

Facilities (1)

• UPPER HOLMAN MUTUAL DOMESTIC WATER CONSUMERS ASSN

  PO BOX 214, HOLMAN, NM, 87723

  Registry ID: 110010686098

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• UPPER HOLMAN MDWCAentered 1995-11-20

  Primary law: SDWA

Timeline (5 milestones)

• 1995-11-20Complaint Filed/Proposed Order
• 1995-11-20Final Order Issued
• 1996-04-18Enforcement Action Data Entered
• 1998-07-02Compliance Achieved
• 1998-07-02Enforcement Action Closed