EPA v. SILVER BOW WATER, INC. & BUTTE, CITY AND COUNTY OF

Case summary

06/23/92: ON 05/15/92, THE U.S. DISTRICT COURT, DISTRICT OF MONTANA, ENTERED A CONSENT DECREE SETTING DEFENDANTS BUTTE SILVER BOW WATER AND THE CITY-COUNTY OF BUTTE, SILVER BOW ON A SCHEDULE TO CONSTRUCT FILTRATION FACILITIES AND TAKE OTHER MEASURES TO BRING THE BUTTE, MONTANA PUBLIC WATER SUPPLY INTO COMPLIANCE WITH THE NATIONAL PRIMARY DRINKING WATER REGULATIONS. ON 12/20/91, EPA FILED A CIVIL ACTION AGAINST BUTTE WATER COMPANY (FORMER SYSTEM OWNER) TO OBTAIN A CIVIL PENALTY FOR VIOLATIONS OF THE NATIONAL PRIMARY DRINKING WATER REGULATIONS, INCLUDING MCL FOR TURBIDITY AND THE SURFACE WATER FILTRATION REQUIREMENTS. THE SYSTEM, WHICH SUPPLIES DRINKING WATER TO APPROXIMATELY 30,000 RESIDENTS, HAS BEEN IN NEARLY CONTINUOUS VIOLATION AND MONITORING VIOLATIONS. ON 12/31/91, BWC TRANSFERRED ITS WATER SYSTEM TO SILVER BOW WATER, INC. UNDER AN AGREEMENT WITH THE CITY AND COUNTY OF BUTTE SILVER BOW, THE CITY-COUNTY GOVERNMENT WOULD OPERATE THE SYSTEM FOR SILVER BOW WATER, INC. AS A RESULT OF THE SETTLEMENT, THE DEFENDANTS WILL BE SUBJECT TO A SCHEDULE FOR CONSTRUCTION OF FILTRATION FACILITIES FOR TWO SURFACE WATER SOURCES AND IMPLEMENTATION OF OPERATIONAL CONTROLS ON A THIRD. CONSTRUCTION OF THE FACILITIES AND COMPLIANCE WITH THE NATIONAL PRIMARY DRINKING WATER REGULATIONS AND STATE REGULATIONS MUST BE ACHIEVED ON OR BEFORE 12/31/94. STIPULATED PENALTIES WILL BE IMPOSED FOR FAILURE TO MEET DEADLINES.

Defendants (1)

• SILVER BOW WATER, INC. & BUTTE, CITY/CO.Named in complaintNamed in settlement

Facilities (1)

• BUTTE WATER COMPANY

  124 WEST GRANITE STREET, BUTTE, MT, 59701

  Registry ID: 110010670577

Statutes cited

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

Enforcement conclusions (1)

• SILVER BOW WATER,INC. & BUTTEentered 1992-05-15

  Primary law: SDWA

Timeline (5 milestones)

• 1991-12-20Enforcement Action Data Entered
• 1992-04-01Referred To Dept Of Justice
• 1992-05-12Complaint Filed With Court
• 1992-05-15Final Order Lodged
• 1992-05-15Final Order Entered