EPA v. HITCHING POST LLC

Case summary

RESPONDENT FAILED TO MONITOR FOR TOTAL COLIFORM BACTERIA; FAILED TO REPORT NONCOMPLIANCE WITH TOTAL COLIFORM RULE TO EPA; FAILED TO PROVIDE PUBLIC NOTICE AND VIOLATED PREVIOUS AO'S. EPA issued the Administrative Order (AO), Docket No. SDWA-08-2007-0051 on July 2, 2007. The violations included: 1) failure to monitor for total coliform, 2) failure to issue public notice, and 3) failure to report violations to EPA and the State. The System violated the Order and EPA issued Violation of the Administrative Order (AOV) letters to the System on December 19, 2007 and October 7, 2008 for all three types of violations. An Administrative Penalty Order (APO), Docket No. SDWA-08-2009-0020, was issued on November 26, 2008, for failure to comply with the AO. The Settlement was issued March 24, 2009. The last payment was received on September 1, 2010. Following the APO, the System has continued to violate the AO. AOVs were issued on March 9, 2010; March 2, 2011; October 3, 2011; and most recently July 25, 2012 for failure to monitor total coliform, failure to notify the public, and failure to report the violations to EPA and the State. EPA is now proposing another APO for these last four violations. The calculated bottom penalty is MT DEQ has mailed annual monitoring schedules to the system, describing the sampling requirements for the year. The State issued violation letters following each violation in the complaint for penalty. EPA also issued violation letters following each violation. EPA has provide extensive compliance assistance by arranging for local assistance in taking and delivering the monthly sample, as well as, notifying the system of a lab that was closer to the system than the one they were using. EPA also worked with the System and MDEQ to reclassify the System’s season of operation to lift some financial burden in their slower months.

Defendants (1)

• HITCHING POST LLCNamed in complaintNamed in settlement

Facilities (1)

• THE HITCHING POST

  446 MAIN STREET, MELROSE, MT, 59743

  Registry ID: 110030463148

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• HITCHING POST LLCentered 2013-01-10

  Primary law: SDWA

  Federal penalty: $3,485

Timeline (4 milestones)

• 2012-09-25Complaint Filed/Proposed Order
• 2012-09-27Enforcement Action Data Entered
• 2013-01-10Final Order Issued
• 2013-04-09Enforcement Action Closed