EPA v. PAUL DURHAM, D/B/A WINDMILL HILL ESTATES WATER SYSTEM

Case summary

1. SECTION 1414 OF THE SAFE DRINKING WATER ACT ( SDWA ), 42 U.S.C. SECTION 300G-3. 2. PAUL DURHAM, D/B/A WINDMILL HILL ESTATES WATER SYSTEM WEATHERFORD, OTTAWA COUNTY, OKLAHOMA 3. MR. PAUL DURHAM , AS AN INDIVIDUAL, OWNS A SMALL PUBLIC WATER SYSTEM IN RURAL OTTAWA COUNTY, OK. THE EPA REGION 6 OFFICE ISSUED A COMPLIANCE ORDER TO MR. DURHAM IN AUG. 1992 TO REQUIRE HIM TO ANALYZE THE WATER AT THE WINDMILL HILL WATER SYSTEM FOR COLIFORM BACTERIA ON A MONTHLY BAS- IS. MR. DURHAM VIOLATED THE ADMINISTRATIVE ORDER 3 TIMES IN 1993 AND AS A RESULT THE REGION FILED A COMPLAINT A- GAINST HIM IN AUG. 1993. AFTER RECEIVING THE COMPLAINT, MR. DURHAM CONTINUED TO VIOLATE 22 TIMES THROUGH 1996. IN HIS RESPONSE TO THE COMPLAINT MR. DURHAM REQUESTED A FORMAL ADJUDICATORY HEARING TO RESOLVE THE MATTER. A HEARING WAS HELD ON JAN. 14, 1997. ON APR. 15, 1997, JUDGE SUSAN L. BIRO ASSESSED A CIVIL PENALTY OF $5,000 TO BE PAID BY MR. DURHAM WITHIN 60 DAYS OF SERVICE OF HER DECISION. AS OF TODAY, EPA HAS NOR RECEIVED ANY PAYMENT FROM MR. DURHAM. 4. RELIEF SOUGHT PURSUANT TO SECTION 1414 OF THE SDWA, EPA SUBMITS THIS DIRECT REFERRAL REQUESTING THAT DOJ INITIATE A CIVIL ENFORCEMENT ACTION AGAINST THE RESPONDENT FOR THE COLLECTION OF AN UNPAID CIVIL ADMINISTRATIVE PENALTY.

Defendants (1)

• PAUL DURHAMNamed in complaintNamed in settlement

Facilities (1)

• WINDMILL HILL ESTATES WATER SYS

  1607 HAMPOLEN RD, BARTLESVILLE, OK, 74003

  Registry ID: 110010723477

Statutes cited

• SDWA 1414G — PWS - Violation of 1414(g) AO

Enforcement conclusions (1)

• PAUL DURHAMentered 1998-12-07

  Primary law: SDWA

  Federal penalty: $4,500

Timeline (7 milestones)

• 1997-12-30Referred To Dept Of Justice
• 1998-01-05Enforcement Action Data Entered
• 1998-01-20Complaint Filed With Court
• 1998-12-07Final Order Lodged
• 1998-12-07Final Order Entered
• 1998-12-07Concluded
• 1998-12-07Enforcement Action Closed