EPA v. OPAL, TOWN OF

Case summary

ON FEBRUARY 6, 1990 THE EPA ISSUED A PROPOSED ADMINISTRATIVE ORDER PROVIDING NINETY DAYS FOR OPAL EITHER TO SUBMIT ENGINEERING PLANS FOR BRINGING ITS SYSTEM INTO COMPLIANCE OR TO REQUEST AN EXEMPTION. ON JULY 9, 1990, EPA ISSUED A FINAL ADMINISTRATIVE ORDER TO OPAL. OVER THE YEARS OPAL HAS MADE EFFORTS TO REMEDY THE FLUORIDE PROBLEM. THE TOWN HAS DRILLED THREE ADDITIONAL WELLS, NONE OF WHICH HAS YIELDED A SATISFACTORY WATER SUPPLY. IN 1990, THE TOWN SUBMITTED AN ENGINEERING REPORT, WHICH EXAMINED ALTERNATIVE WATER SUPPLY OPTIONS FOR THE TOWN. HOWEVER, THE TOWN OF OPAL HAS INDICATED THAT NONE OF THE ALTERNATIVES FOR TREATMENT OR FOR OBTAINING AN ALTERNATIVE WATER SUPPLY IS AFFORDABLE. THIS ADMINISTRATIVE CONSENT ORDER HAS A TERM OF THREE YEARS. IN THREE YEARS THE PARTIES ARE TO REEXAMINE AVAILABLE ALTERNATIVES FOR TREATMENT TECHNOLOGIES AND ALTERNATE WATER SOURCES. THIS ORDER WOULD OBLIGATE THE TOWN OF OPAL TO PROVIDE BOTTLED WATER FOR COOKING AND DRINKING TO ALL HOUSEHOLDS WITH CHILDREN UNDER THE AGE OF NINE YEARS. IT WOULD ALSO OBLIGATE THE TOWN OF OPAL TO CONTINUE TO PROVIDE QUARTERLY PUBLIC NOTICES CONCERNING THE FLUORIDE LEVELS IN ITS WATER.

Defendants (2)

• OPAL, TOWN OFNamed in complaintNamed in settlement
• OSBORNE, TOM (MAYOR)Named in complaintNamed in settlement

Facilities (1)

• OPAL TOWN OF WTP

  135 CHRISMAN ST, OPAL, WY, 831240130

  Registry ID: 110010648601

Statutes cited

• SDWA 1414 — Safe Drinking Water Act

Enforcement conclusions (1)

• Opal, Town of

  Primary law: SDWA

Timeline (5 milestones)

• 1992-05-22Enforcement Action Data Entered
• 1992-05-22Complaint Filed/Proposed Order
• 2003-04-22Amended Administrative Order
• 2009-10-07Enforcement Action Closed
• 2009-10-07Pipeline Closed