EPA v. MERRITT, PAT AND ROY/ MERRITT MOBIL MANORS

Case summary

THE VIOLATIONS UPON WHICH THE ACTION IS BASED. -FAILURE TO MONITOR FOR MICROBIOLOGICAL CONTAMINANTS, INORGANIC CHEMICALS AND RADIONUCLIDES RESPECTIVELY -FAILURE TO REPORT -FAILURE TO GIVE NOTICE OF SDWAVIOLATIONS -FAILURE TO KEEP RECORDS -VIOLATION OF THE MAXIMUN CONTAMINANT LEVEL (MCL) FOR NITRATE AS N -VIOLATION OF A VALID EMERGENCY ADMINISTRATIVE ORDER ISSUED PURSUANT TO 42 USC 300I(A) THE PROPOSED RELIEF TO BE SOUGHT, INCLUDING INJUNC- TION, AND PROPOSED AMOUNT OF PENALTY TO BE SOUGHT AT SETTLEMENT, IF APPLICABLE. WE ARE REQUESTING INJUNCTIVE RELIEF IN THE FORM OF A COURT ENFORCEABLE ORDER TO BRING THE PUBLIC WATER SUPPLY INTO COMPLIANCE WITH THE SDWA AND ITS IMPLEMENTING REGULA- TIONS. IN VIEW OF THE PAST POSITION THAT THE WYOMING DISTRICT COURT HAS CONSISTENTLY TAKEN WITH RESPECT TO THE IMPOSITION OF A CIVIL PENALTY IN SIMILAR CASES, WE RECOMMEND THAT THE ASSESSMENT OF A CIVIL PENALTY BE LEFT TO THE COURT'S DISCRETION. THE RECENT CONTACTS WITH THE DEFENDANTS, INCLUDING ANY PREVIOUS ADMINISTRATIVE ENFORCEMENT ACTIONS TAKEN, AND NEGOTIATIONS, IF ANY. THERE IS NO AUTHORITY IN THE SDWA TO TAKE FORMAL ADMIN- ISTRATIVE ACTION FOR ROUTINE VIOLATIONS OF THE ACT AND ITS REGULATIONS. HOWEVER, IN THIS CASE, STARTING ON OR ABOUT MAY 1978, THERE HAVE BEEN NUMEROUS INFORMAL COMMUNICATIONS WITH THIS PUBLIC WATER SUPPLY TO BRING IT INTO COMPLIANCE IN MARCH 1985, THE SYSTEM WAS ISSUED AN EMERGENCY ORDER FOR NITRATE MCL VIOLATIONS. TO DATE OUR EFFORTS TO OBTAIN VOLUNTARY COMPLIANCE HAVE BEEN UNSUCCESSFUL.

Defendants (2)

• MERRITT, PATNamed in complaintNamed in settlement
• MERRITT, ROYNamed in complaintNamed in settlement

Facilities (1)

• MERRITT MOBILE MANORS

  4901 RIDGE ROAD, CHEYENNE, WY, 82010

  Registry ID: 110010645329

Statutes cited

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

Enforcement conclusions (1)

• MERRITT MOBILE MANORSentered 1987-02-27

  Primary law: SDWA

  Federal penalty: $2,440

Timeline (8 milestones)

• 1986-03-31Referred To Headquarters
• 1986-06-10Referred To Dept Of Justice
• 1986-06-18Referred TO U.S. Attorney
• 1986-06-23Complaint Filed With Court
• 1987-02-27Final Order Lodged
• 1987-02-27Final Order Entered
• 1987-02-27Concluded
• 1990-06-05Enforcement Action Closed