EPA v. NORTH AFTON PIPELINE COMPANY

Case summary

NATURE OF THE CASE: THE RESPONDENT IN THIS CASE IS NORTH AFTON PIPELINE CO. N. AFTON PIPELINE CO. NAPC OR THE SYSTEM IS A NONPROFIT ORG. THAT IS INCORP. UNDER THE LAWS OF WYOMING. THE SYSTEM IS LOCATED IN AFTON, WY., IN THE CO. OF LINCOLN. THIS PUBLIC RURAL WATER SYS. HAS APPROX. 37 SERVICE CONNECTIONS & SERVES APPROX. 160 PEOPLE. THIS IS A CIVIL ACTION, BROUGHT PURSUANT TO 42 U.S.C. 300G-3(B) TO ENFORCE THE PROVISIONS OF THE SAFE DRINKING WATER ACT, 42 U.S.C. 300F ET SEQ. CAUSE OF ACTION: THE SYS. HAS EXPERIENCED RECURRING VIOLATIONS OF THE MAX. CONTAMINANT LEVEL (MCL) FOR BACTERIA (40 CFR 141.22), ORGANIC (40 CFR 141.24), & INORGANIC CHEMICALS (40 CFR 141.23), AS WELL AS RADIONUCLIDES (40 CFR 141.26). IT HAS ALSO BEEN INCONSISTENT IN MEETING REPORTING REQUIREMENTS. IT HAS GIVEN PUBLIC NOTICE AS REQUIRED BY 40 CFR 141.32 IN THE PAST, BUT NOT FOR ALL VIOLATIONS. ON SEVERAL OCCASIONS EPA HAS EITHER CONDUCTED A SANITARY SURVEY OR MET WITH REPRESENTATIVES OF THE SYS. EPA DREW UP A COMPLIANCE SCHEDULE FOR THE SYS., & OFFERED ASSISTANCE, BUT TO NO AVAIL. PROPOSED REMEDY: THE ORDER OF THE COURT SHOULD HAVE THE SYS. COMPLY WITH APPLICABLE MONITORING, REPORTING, & PUBLIC NOTICE REQUIREMENTS, & SHOULD HAVE THE SYS. UNDERTAKE A STUDY TO CORRECT THE BACTERIA MCL PROBLEM. THERE SHOULD BE A SUBSTANTIAL PENALTY IMPOSED FOR NAPC'S COMPLETE DISREGARD OF THE STATUTE.

Defendants (1)

• NORTH AFTON PIPELINENamed in complaintNamed in settlement

Facilities (1)

• NORTH AFTON PIPELINE CO

  1 MI NORTH OF AFTON, AFTON, WY, 83110

  Registry ID: 110010668580

Statutes cited

• SDWA 1414 — Safe Drinking Water Act

Enforcement conclusions (1)

• NORTH AFTON PIPELINE COMPANYentered 1986-05-18

  Primary law: SDWA

Timeline (8 milestones)

• 1982-04-14Referred To Headquarters
• 1982-06-23Referred To Dept Of Justice
• 1982-08-05Referred TO U.S. Attorney
• 1982-08-13Complaint Filed With Court
• 1986-05-18Final Order Lodged
• 1986-05-18Final Order Entered
• 1986-05-18Concluded
• 1986-05-20Enforcement Action Closed