EPA v. WINTERHAVEN SUBDIVISION COOPERATIVE

Case summary

1. SECTION 1414(G) OF THE SAFE DRINKING WATER ACT ( SDWA ), 42 U.S.C. SECTION 300G-3(G). 2. WINTERHAVEN SUBDIVISION COOPERATIVE WINTERHAVEN SUBDIVISION WATER SYSTEM BOB CANTRELL 3414 WINTERHAVEN LAS CRUCES, DONA ANA COUNTY, NEW MEXICO 8805 PWS-ID: NM3555407 3. RESPONDENT WAS IN VIOLATION OF 40 CFR SECTION 141.63 BY DELIVERING WATER THAT EXCEEDED THE MAXIMUM CONTAMINANT LEVEL FOR FECAL COLIFORM BACTERIA, 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 CON- DUCT SUCH ANALYSES, 40 CFR SECTIONS 141.21(B)(1), 141.21 (B)(4) AND 141.(F)(3) BY FAILING TO COLLECT REPEAT TOTAL COLIFORM SAMPLES AND CONDUCT REPEAT TOTAL ANALYSES WITHIN 24 HOURS OF BEING NOTIFIED OF A POSITIVE TOTAL COLIFORM ANALYSIS, 40 CFR SECTION 141.32 BY FAILING TO NOTIFY PER- SONS SERVED BY THE SYSTEM OF A NPDES VIOLATION, AND 40 CFR SECTION 141.31(D) BY FAILING, WITHIN 10 DAYS OF COM- PLETION OF EACH PUBLIC NOTIFICATION REQUIRED, TO SUBMIT TO THE STATE A REPRESENTATIVE COPY OF EACH TYPE OF NOTICE DISTRIBUTED, PUBLISHED, POSTED, AND/OR MADE AVAILABLE TO THE PERSONS SERVED BY THE SYSTEM AND/OR THE MEDIA. 5. RELIEF SOUGHT PURSUANT TO SECTION 1414(G) OF SDWA, EPA ISSUED A COMPLIANCE ORDER THAT REQUIRES THE RESPONDENT TO DO THE FOLLOWING: 1. DELIVER WATER TO THE PERSONS SERVED BY THE SYSTEM WITH CONCENTRATIONS OF COLIFORM BACTERIA NOT TO EXCEED THE MAXIMUM CONTAMINANT LEVEL (MCL) WITHIN 60 DAYS AFTER RECEIPT OF THIS ORDER, 2. IMMEDIATELY AFTER RECEIPT OF THIS ORDER, COLLECT ROU- TINE COLIFORM SAMPLES AT THE SITES AND CONDUCT TOTAL COLIFORM ANALYSES, 3. IMMEDIATELY AFTER RECEIPT OF THIS ORDER, COLLECT RE- PEAT COLIFORM SAMPLES AND CONDUCT REPEAT COLIFORM ANALYSES WITHIN 24 HOURS OF BEING NOTIFIED OF A POSI- TIVE TOTAL COLIFORM ANALYSIS AND, 4. NOTIFY PERSONS SERVED BY THE SYSTEM OF NPDES VIOLA- TIONS AND TO SUBMIT TO THE STATE A REPRESENTATIVE COPY OF EACH TYPE OF NOTICE DISTRIBUTED, PUBLISHED, POSTED AND/OR MADE AVAILABLE TO THE PERSONS SERVED BY THE SYSTEM AND/OR MEDIA. 5. THE ORDER IS EFFECTIVE UNTIL A NOTICE OF TERMINATION IS GIVEN BY EPA.

Defendants (1)

• WINTERHAVEN SUBDIVISION COOPERATIVENamed in complaintNamed in settlement

Facilities (1)

• WINTERHAVEN SUBDIVISION COOPERATIVE

  3414 WINTERHAVEN, LAS CRUCES, NM, 88005

  Registry ID: 110010698968

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• WINTERHAVEN SUBDIVISION COOPERATIVEentered 1996-05-31

  Primary law: SDWA

Timeline (5 milestones)

• 1996-05-31Complaint Filed/Proposed Order
• 1996-05-31Final Order Issued
• 1996-06-26Enforcement Action Data Entered
• 1998-07-02Compliance Achieved
• 1998-07-02Enforcement Action Closed