EPA v. ALCOVA ACRES INVESTMENT CO

Case summary

NATURE OF CASE: THE RESPONDENT IS ALCOVA ACRES INVESTMENT CO( AAIC OR THE SYSTEM )- A WATER SYSTEM WHICH SERVES A SUBDIVI- SION CLOSE TO THE CITY OF CASPER, WYOMING. IT IS A FORMER FARMING COMMUNITY. THERE ARE 175 SERVICE CONNECTIONS & 600 PEOPLE SERVED YEAR ROUND. THIS IS A CIVIL ACTION PUR- SUANT TO 42 U.S.C. 300G-3(B) TO ENFORCE THE PROVISIONS OF THE SAFE DRINKING WATER ACT, (SDWA) 42 USC 300F ET ESQ. CAUSE OF ACTION: THE SYSTEM HAS EXPERIENCED RECURRING VIOLATIONS OF THE MAXIMUM CONTAMINANT LEVEL(MCL) FOR BACTERIA, 40 CFR 141.14, & NITRATE, 141.11. THEY HAVE ALSO FAILED TO RE- PORT TEST RESULTS PROPERLY AS DESIGNATED UNDER 40 CFR 141.31(A) & HAVE FAILED TO COMPLY W/THE PUBLIC NOTIFICA- TION REQUIREMENTS OF 40 CFR 141.32. ALSO, SINCE 11/79, BACTERIOLOGICAL MONITORING HAS NOT BEEN PERFORMED REGULA- RLY. EPA HAS SENT THE SYSTEM APPROXIMATELY 7 LETTERS RE- GARDING ITS RESPONSIBILITIES UNDER THE SWDA. ALSO, EPA HAS MET W/THE SYSTEM ON SEVERAL OCCASIONS W/NO SUCCESS. PROPOSED REMEDY: THE ORDER OF THE COURT SHOULD HAVE THE SYSTEM COMPLY W/APPLICABLE MONITORING REQUIREMENTS & UNDERTAKE A STUDY TO CORRECT THE BACTERIA MCL PROBLEM & THE NITRATE MCL PROBLEM. EPA SHOULD SEEK SOME SIGNIFICANT CIVIL PLTY'S PRIMARILY BECAUSE OF THE SOMEWHAT UNCONCERNED MANNER W/WHICH AAIC SEEMS TO HAVE TREATED CERTAIN OF ITS DUTIES UNDER THE REGULATIONS. HOWEVER, EPA WILL HAVE TO PROVE THAT VIOLATIONS WERE WILLFUL FOR THE COURT TO IMPOSE PLTY'S.

Defendants (1)

• ALCOVA ACRES INVESTNamed in complaintNamed in settlement

Facilities (1)

• ALCOVA ACRES INVESTMENT

  2 MI SW OF CASPER AT HWY 220, CASPER, WY, 82601

  Registry ID: 110010750008

Statutes cited

• SDWA 1431 — Emergency Powers
• SDWA 1414 — Safe Drinking Water Act

Enforcement conclusions (1)

• ALCOVA ACRES INVESTMENT COentered 1983-07-08

  Primary law: SDWA

  Federal penalty: $1,000

Timeline (8 milestones)

• 1982-04-14Referred To Headquarters
• 1982-06-07Referred To Dept Of Justice
• 1982-07-29Referred TO U.S. Attorney
• 1982-08-05Complaint Filed With Court
• 1983-07-08Concluded
• 1983-07-08Final Order Lodged
• 1983-07-08Final Order Entered
• 1984-06-01Enforcement Action Closed