EPA v. NEPSTAD, VELMA AND MARLAN/ DBA NEPSTAD T C

Case summary

NATURE OF CASE THIS IS A CIVIL ACTION AGAINST VELMA NEPSTAD AND MARLAN NEPSTAD, DBA NEPSTAD TRAILER COURT, 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, 140 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. MR. AND MRS. NEPSTAD ARE THE OWNERS AND OPERATORS OF THE NEPSTAD TRAILER COURT. THE TRAILER COURT IS A COMMUNITY PUBLIC WATER SYSTEM LOCATED IN CAMPBELL COUNTY, WYOMING. IT PROVIDES WATER FROM A NEIGHBOR'S WELL TO SERVE 29 INDIVIDUALS YEAR-ROUND THROUGH APPROXIMATELY 11 SERVICE CONNECTIONS. THE WATER IS NOT TREATED. THE NEIGHBOR, MR. WILLIAM KEMERLING, DOES NOT OWN OR OPERATE A PUBLIC WATER SYSTEM. HE AGREED TO PROVIDE WATER TO THE NEPSTADS IN EXCHANGE FOR THEIR PAYING THE OPERATION AND MAINTENANCE COSTS FOR THE WELL. HE HAS NOT BEEN PAID IN TWO YEARS. THE NEPSTAD'S ARE ABSENTEE LANDLORDS SPENDING MOST OF THEIR TIME IN MONTANA. CAUSE OF ACTION FOR MORE THAN A SIX YEAR PERIOD, APRIL 1978 THROUGH SEPTMEBER 1984, IN WILLFUL DISREGARD OF NUMEROUS REQUESTS AND NOTIFICATIONS, THE DEFENDANTS HAVE CONSISTENTLY FAILED TO: (1) MONITOR DRINKING WATER IN THERE 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 DEFENDANTS ARE REQUIRED TO MONITOR THEIR WATER SYSTEM ONCE A MONTH FOR BACTERIA, 40 CFR 141.21(B). THEY HAVE CONSISTENTLY FAILED TO PERFORM THE REQUIRED MONITORING SINCE 1978. MORE RECENTLY, WE HAVE ONLY RECEIVED TWO REPORT S IN THE LAST SIX MONTHS. SECOND, THE DEFENDANTS WERE REQUIRED TO MONITOR THEIR 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 MARCH 1980. A REPEAT ANALYSIS WAS DUE IN MARCH 1983. DESPITE NUMEROUS NOTICES AND REQUESTS BY EPA, THE SYSTEM HAS FAILED TO PERFORM THIS TEST. THIRD, THE DEFENDANTS WERE REQUIRED TO TEST THEIR WATER SUPPLY FOR RADIOACTIVITY BY JUNE 28, 1980, 40 CFR 141.26. TO THE BEST OF OUR KNOWLEDGE, THE DEFENDANTS HAVE NEVER PERFORMED THIS TEST. LASTLY, THE DEFENDANTS HAVE NOT COMPLIED WITH THE REPORT- ING, 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 RELIEF REQUIRING COMPLIANCE, AND CIVIL PENALTIES FOR PAST NON-COMPLIANCE. NOTWITHSTANDING THE COURT'S REFUSAL TO GRANT MORE THAN A NOMINAL PENALTY IN PAST SDWA CASES BROUGHT BEFORE IT, IT HAS ORDERED THE SYSTEMS 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 MAINTAIN AN ENFORCEMENT PRESENCE IN WYOMING. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE NONE.

Defendants (2)

• NEPSTAD, MARLANNamed in complaintNamed in settlement
• NEPSTAD, VELMANamed in complaintNamed in settlement

Facilities (1)

• NEPSTAD TRAILER COURT

  4004 NEPSTAD DRIVE, GILLETTE, WY, 82718

  Registry ID: 110010759688

Statutes cited

• SDWA 1414 — Safe Drinking Water Act

Enforcement conclusions (1)

• NEPSTAD, VELMA AND MARLAN_DBAentered 1985-11-26

  Primary law: SDWA

Timeline (8 milestones)

• 1984-09-28Enforcement Action Data Entered
• 1984-09-28Referred To Dept Of Justice
• 1984-12-03Referred TO U.S. Attorney
• 1985-09-26Complaint Filed With Court
• 1985-11-26Final Order Lodged
• 1985-11-26Final Order Entered
• 1985-11-26Concluded
• 1987-10-01Enforcement Action Closed