EPA v. MIDWAY HEIGHTS COUNTY WATER DISTRICT

Case summary

THIS CASE ARISES UNDER THE SAFE DRINKING WATER ACT AND CONCERNS ALMOST TOTAL NONCOMPLIANCE WITH THE ACT OVER A FIVE-YEAR PERIOD. THE DEFENDANT IS THE MIDWAY HEIGHTS COUNTY WATER DISTRICT (THE DISTRICT), A PUBLIC AGENCY OF THE STATE OF CALIFORNIA ORGANIZED UNDER THE PROVISIONS OF THE COUNTY WATER DISTRICT ACT OF DIVISION 12 OF THE CALIFORNIA WATER CODE. THE DISTRICT'S BOARD OF DIRECTORS ARE PUBLIC OFFICERS. THE DEFENDANT OPERATES A PUBLIC WATER SYSTEM IN PLACER COUNTY, CALIFORNIA, WHICH IS IN THE FOOTHILLS OF THE SIERRA NEVADA MOUNTAINS. DEFENDANT PURCHASES RAW, UNTREATED WATER FROM THE PLACER COUNTY WATER AGENCY. THE WATER IS DIVERTED INTO THE DEFENDANT'S SYSTEM FROM THE BOARDMAN CANAL, WHICH IS AN OPEN MINING DITCH. THIS RAW, UNTREATED SURFACE WATER IS DELIVERED TO THE DEFENDANT'S CUSTOMERS BY A PIPELINE SYSTEM THAT COVERS MOST OF THE DISTRICT'S 4.5 SQUARE MILES. THE DEFENDANT'S CUSTOMERS INCLUDE MORE THAN 630 PERSONS (MORE THAN 460 ADULTS AND 170 CHILDREN) WHO LIVE IN A RURAL AREA OF SINGLE FAMILY HOMES. DEFENDANT IS IN ALMOST TOTAL NONCOMPLIANCE WITH THE ACT. THE DISTRICT HAS PERFORMED NONE OF THE ACT'S REQUIRED MONITORING FOR TURBIDITY, BACTERIA, ORGANICS, INORGANICS AND RADIATION. MONTHLY SAMPLING OF THE DISTRICT'S WATER FOR TURBIDITY AND BACTERIA BY THE PRIMACY AGENCY, THE CALIFORNIA DEPARTMENT OF HEALTH SERVICES (DOHS), HAS SHOWN CONSISTENT VIOLATIONS OF THE MAXIMUM CONTAMINANT LEVELS FOR THESE TWO PARAMETERS. FOR FIVE YEARS THE DISTRICT HAS NOT ISSUED ANY OF THE REQUIRED VIOLATION NOTICES TO ITS CUSTOMERS, THE PUBLIC OR THE STATE. AN ADMINISTRATIVE ORDER ISSUED TO THE DEFENDANT ON OCTOBER 25, 1982 BY THE STATE PRIMACY AGENCY AND A CIVIL SUIT FILED ON JULY 10, 1984 BY THE SAME AGENCY (AND STILL IN LITIGA- TION) HAVE FAILED TO CHANGE THE DEFENDANT'S INTRANSIGENCE. AN ADMINISTRATIVE ORDER ISSUED BY ELPA REGION 9 UNDER 1431 OF THE SDWA ON DECEMBER 12, 1986 HAS ELICITED ONLY MINIMAL COMPLIANCE FROM THE DEFENDANT. THE DEFENDANT'S SALE OF RAW, UNTREATED SURFACE WATER TO ITS CUSTOMERS EXPOSES MORE THAN 630 RESIDENTS AND AN UNKNOWN NUMBER OF VISITIORS TO THE RISK OF SERIOUS WATER BORNE DISEASES. A SURVEY CONDUCTED BY THE PRIMACY STATE CONCLUDED THAT THE INCIDENCE OF GASTROINTESTINAL ILLNESSES IS FOUR TIMES HIGHER AMONG THE DISTRICT'S WATER USERS THAN AMONG THEIR NEIGHBORS WHO USE A WELL OR SPRING. EPA IS SEEKING CIVIL PENALTIES, A TEMPORARY INJUNCTION AND A PERMANENT INJUNCTION COMPELLING THE DEFENDANT TO COMPLY WITH ALL THE REQUIREMENTS OF THE ACT AND TO BUILD A WATER TREATMENT PLANT (OR TO HOOK UP TO AN ADJACENT TREATMENT PLANT) THAT WILL PRODUCE DRINKING WATER OF ACCEPTABLE QUALITY. THIS CASE ARISES UNDER THE SAFE DRINKING WATER ACT, AND INVOLVES TWO SEPARATE CAUSES OF ACTION UNDER SECTIONS 1414 AND 1431 OF THE STATUTE. SECTION 1414, 42 U.S.C. 300G-3, PROVIDES GENERALLY FOR THE ENFORCEMENT OF NATIONAL PRIMARY DRINKING WATER REGULATIONS THROUGH CIVIL ACTIONS. SECTION 1431, 42 U.S.C. 300I, PROVIDES FOR CIVIL ACTIONS TO ENFORCE EMERGENCY ADMINISTRATIVE ORDERS ISSUED THEREUNDER. EPA HAS NO EVIDENCE THAT ANY OTHER ENVIRONMENTAL STATUTES HAVE BEEN VIOLATED. THEREFORE NO CROSS-MEDIA COORDINATION HAS BEEN SOUGHT.

Defendants (1)

• MIDWAY HEIGHTS COUNTY WATER DISTRICTNamed in complaintNamed in settlement

Facilities (1)

• MIDWAY HEIGHTS COUNTY WATER DI

  1505 HILLISH ROCK RD, MEADOW VISTA, CA, 95722

  Registry ID: 110010595542

Statutes cited

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

Enforcement conclusions (1)

• MIDWAY HEIGHTS CO. WATER DIST.entered 1989-05-25

  Primary law: SDWA

  Federal penalty: $37,500

Timeline (8 milestones)

• 1987-03-09Referred To Headquarters
• 1987-04-02Referred To Dept Of Justice
• 1987-07-17Referred TO U.S. Attorney
• 1987-07-31Complaint Filed With Court
• 1989-05-25Final Order Entered
• 1989-05-25Concluded
• 1989-05-25Final Order Lodged
• 1994-05-16Enforcement Action Closed