EPA v. WEISSMAN,CARL AND SONS,INC. DBA BIG W.TC

Case summary

NATURE OF CASE THIS IS A CIVIL ACTION AGAINST CARL WEISSMAN AND SONS, INC., PURSUANT TO SECTION 1414(B) OF THE SAFE DRINKING WATER ACT (SDWA), AS AMENDED, 42 U.S.C. SECTION 300G-3(B), ET SEQ., AND IMPLEMENTING REGULATIONS, 40 C.F.R. PART 141, SEEKING DEFENDANT'S COMPLIANCE WITH, THE MONITORING, REPORTING, PUBLIC NOTICE AND RECORD KEEPING REQUIREMENTS OF THE ACT, AND IMPLEMENTING REGULATIONS. CARL WEISSMAN AND SONS, INC., IS A MONTANA CORPORATION AUTHORIZED TO DO BUSINESS IN WYOMING, DBA BIG W. TRAILER COURT, AKA BIG THREE TRAILER COURT. THE TRAILER COURT IS A COMMUNITY PUBLIC WATER SYSTEM LOCATED IN CAMPBELL COUNTY, WY OMING. IT PROVIDES WATER FROM A SINGLE WELL TO SERVE 35 INDIVIDUALS YEAR-ROUND THROUGH APPROXIMATELY 13 SERVICE CONNECTIONS. THE WATER IS NOT TREATED. CAUSE OF ACTION FOR MORE THAN A SIX YEAR PERIOD, APRIL 1978 THROUGH SEPTEMBER 1984, IN WILLFUL DISREGARD OF NUMEROUS REQUESTS AN AND NOTIFICATIONS, THE DEFENDANT HAS CONSISTENTLY FAILED TO: (1) MONITOR THE DRINKING WATER IN ITS SYSTEM FOR MICRO- BIOLOGICAL CONTAMINANTS, 40 CFR 141.21, INORGANIC CHEMICALS 40 CFR 141.23 AND RADIOACTIVITY, 40 CFR 141.26; (2) SUBMIT REPORTS TO EPA IN A TIMELY MANNER 40 CFR 141.31; (3) NOTIFY ITS USERS OF FAILURE TO COMPLY WITH THE SDWA, 40 CFR 141.32; AND (4) KEEP APPROPRIATE RECORDS, 40 CFR 141.33. THE DEFENDANT IS REQUIRED TO MONITOR ITS WATER SYSTEM ONCE A MONTH FOR BACTERIA, 40 CFR 141.21(B). DURING THE PERIOD FROM JANUARY 1981 TO SEPTEMBER 1984, THE DEFENDANT HAS FAILED TO PERFORM 46% OF THE REQUIRED TESTS. SECOND, THE DEFENDANT WAS REQUIRED TO MONITOR ITS WATER SUPPLY FOR INORGANIC CHEMICALS BY JUNE 1979, AND ONCE EVERY THREE YEARS THEREAFTER, 40 CFR 141.23. THE SYSTEM INITIALLY ANALYZED ITS WATER SUPPLY FOR INORGANIC CHEMICALS IN AUGUST 1979. A REPEAT ANALYSIS WAS DUE IN AUGUST 1982. DESPITE NUMEROUS NOTICES AND REQUESTS BY EPA, THE SYSTEM HAS FAILED TO PERFORM THIS TEST. THIRD, THE DEFENDANT WAS REQUIRED TO TEST ITS WATER SUPPLY FOR RADIOACTIVITY BY JUNE 28, 1980, 40 CFR 141.26. TO THE BEST OF OUR KNOWLEDGE, THE DEFENDANT HAS NEVER PERFORMED THIS TEST. LASTLY, THE DEFENDANT HAS NOT COMPLIED WITH THE REPORTING , NOTIFICATION AND RECORD KEEPING REQUIREMENTS SET FORTH RESPECTIVELY IN 40 CFR 141.31, 141.32 AND 141.33. PROPOSED REMEDY THIS IS SIMPLY A CASE INVOLVING A PUBLIC WATER SYSTEM'S WILLFUL REFUSAL TO COMPLY WITH THE REQUIREMENTS OF THE SDWA AND IT'S IMPLEMENTING REGULATIONS. THEREFORE, WE ARE REQUESTING INJUNCTIVE RELIFE REQUIRING COMPLIANCE, AND CIVIL PENALTIES FOR PAST NON-COMPLIANCE. NOTWITHSTANDING THE COURT'S REFUSAL TO GRANT MORE THAN A NOMINAL PENALTY IN PASE SDWA CASES BROUGHT BEFORE IT, IT HAS ORDERED THE SYSTEM S TO COMPLY WITH THE ACT. FOR THIS REASON WE FEEL THAT IT IS EXTREMELY IMPORTANT TO CONTINUE TO FILE THESE CASES, WITHOUT WHICH WE WOULD BE UNABLE TO HAVE AN ENFORCEMENT PRESENCE IN WYOMING. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE NONE.

Defendants (1)

• CARL WEISSMAN AND SONS, INC.Named in complaintNamed in settlement

Facilities (1)

• BIG W TRAILER COURT

  NEAR GILLETTE, GILLETTE, WY, 82716

  Registry ID: 110010668615

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• CARL WEISSMAN & SONS, INCentered 1985-05-13

  Primary law: SDWA

Timeline (8 milestones)

• 1984-09-28Referred To Dept Of Justice
• 1984-09-28Enforcement Action Data Entered
• 1984-11-29Referred TO U.S. Attorney
• 1984-12-03Complaint Filed With Court
• 1985-05-13Concluded
• 1985-05-13Enforcement Action Closed
• 1985-05-13Final Order Lodged
• 1985-05-13Final Order Entered