EPA v. TUTEN, J.E., ET AL. / NORTH CODY WATER COMPANY

Case summary

VIOLATIONS UPON WHICH THE ACTION IS BASED. -FAILURE TO MONITOR FOR MICROBIOLOGICAL CONTAMINANTS, INORGANIC CHEMICALS, AND RADIONUCLIDES. -FAILURE TO REPORT -FAILURE TO GIVE NOTICE OF SDWA VIOLATIONS -FAILURE TO KEEP RECORDS -VIOLATION OF THE MAXIMUM CONTAMINANT LEVEL(MCL) FOR TURBIDITY AND TOTAL COLIFORM -VIOLATION OF A VALID EMERGENCY ADMINISTRATIVE ORDER ISSUED PURSUANT TO 42 USC 300I-(A). PROPOSED RELIEF TO BE SOUGHT, INCLUDINGINJUNCTION, AND PROPOSED AMOUNT OF PENALTY TO BE SOUGHT AT SETTLEMENT 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 REGULATIO NS. 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. HQ DISAGREED WITH REGION AND HAS REQUESTED DOJ TO OBTAIN A PENALTY.(FORMERLY NAMED NO. CODY WATER CO.)

Defendants (3)

• CODY DEVELOPMENT CORPORATIONNamed in complaintNamed in settlement
• NORTH CODY WATER COMPANYNamed in complaintNamed in settlement
• TUTEN, J.E., ET AL.Named in complaintNamed in settlement

Facilities (1)

• NORTH CODY WATER SYSTEM

  NEAR CODY, CODY, WY, 82414

  Registry ID: 110010669197

Statutes cited

• SDWA 1414C — PWS - Notice to Persons Served
• SDWA 1445 — Record keeping and/or Access
• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• TUTEN, J E ET ALentered 1987-08-03

  Primary law: SDWA

  Federal penalty: $3,500

Timeline (8 milestones)

• 1986-06-30Referred To Headquarters
• 1986-07-30Referred To Dept Of Justice
• 1986-08-28Referred TO U.S. Attorney
• 1986-09-09Complaint Filed With Court
• 1987-08-03Final Order Lodged
• 1987-08-03Final Order Entered
• 1987-08-03Concluded
• 1988-09-01Enforcement Action Closed