EPA v. ALISAL WATER CORPORATION

Case summary

ALISAL WATER COPORATION, WHICH DOES BUSINESS AS ALCO WATER SERVICE, AND NINE OTHER CLOSELY AFFILIATED COMPANIES, OPERATE PUBLIC WATER SYSTEMS THAT SUPPLY WATER FOR DOMESTIC USE AT OR NEAR THE CITY OF SALINAS IN MONTEREY COUNTY, CALIFORNIA. AT VARIOUS TIMES SINCE AUGUST, 1991, THESE COMPANIES HAVE SUBMITTED FALSE REPORTS OF THE MONITORING OF THEIR PUBLIC WATER SYSTEMS TO THE STATE OF CALIFORNIA AND THE COUNTY OF MONTEREY. IN JUNE OF 1994, UPON DISCOVERY OF THE FIRST FALSE REPORTS THE STATE OF CALIFORNIA REFERRED THIS MATTER TO THE U.S. ATTORNEY FOR THE NORTHERN DISTRICT OF CALIFORNIA FOR A CRIMINAL INVESTIGATION. AN INVESTIGATION WAS UNDERTAKEN BY THE U.S. ATTORNEY'S OFFICE IN COLLABORATION WITH THE CRIMINAL INVESTIGATION DIVISION, OFFICE OF CRIMINAL ENFORCEMENT, U.S. EPA. THE CRIMINAL INVESTIGATION WAS DECLINED BY THE UNITED STATES ATTORNEY ON AUGUST 30, 1996. BECAUSE OF THE LENGTH OF THE CRIMINAL INVESTIGATION AND BECAUSE THE STATUTE OF LIMITATIONS REGARDING SOME OF THE EARLY REPORTING MAY BEGIN TO BAR CLAIMS AS EARLY AS AUGUST 28, 1996, TIME HAS BEEN OF THE ESSENCE. TO AVOID STATUTE OF LIMITATIONS BARS, THE GOVERNMENT AND THE PROSPECTIVE DEFENDANTS ENTERED INTO A TOLLING AGREEMENT ON AUGUST 16, 1996, THAT EXPIRES ON OCTOBER 15, 1996. ALISAL WATER CORPORATION AND ITS RELATED WATER SYSTEMS SUBMITTED FALSE SAMPLING INFORMATION TO THE STATE OF CALIFORNIA AND TO MONTEREY COUNTY REGARDING THEIR PUBLIC WATER SYSTEMS. THESE COMPANIES FAILED MICROBIOLOGICAL CONTAMINANT MCLS, FAILED TO NOTIFY THE STATE OF VIOLATIONS OF NATIONAL PRIMARY DRINKING WATER REGULATIONS, FAILED TO MAKE PUBLIC NOTICE OF VIOLATIONS, FAILED TO REPORT REQUIRED TEST RESULTS TO THE STATE, FAILED TO DO REPEAT SAMPLING, AND FAILED TO MONITOR FOR ORGANIC CHEMICALS, ALL IN VIOLATION OF SECTION 114(B) OF THE SAFE DRINKING WATER ACT, 42 U.S.C. SECTION 300-G(3).

Defendants (14)

• ADCOCK, PATRICIANamed in complaint
• ADCOCK, ROBERT T.Named in complaint
• ALCO WATER SERVICE
• ALISAL WATER CORPORATIONNamed in complaint
• BLACKIE ROAD WATER SYSTEM #18
• LANGLEY/VALLE PACIFICO WATER
• MOSS LANDING HARBOR DISTRICT WATER
• NORMCO WATER SYSTEM
• PINE CANYON DIVISION OF ALCO WATER SERV
• SAN JERARDO WATER SYSTEM
• TORO WATER SERVICE, INC.Named in complaint
• VIERRA ESTATES WATER SYSTEM
• VIERRA ESTATES WATER SYSTEM #30
• WILDWOOD WATER SYSTEM

Facilities (1)

• TORO WATER SVC INC

  249 WILLIAMS RD, SALINAS, CA, 939052842

  Registry ID: 110010691135

Statutes cited

• SDWA 1414 — Safe Drinking Water Act

Timeline (5 milestones)

• 1996-05-29Enforcement Action Data Entered
• 1996-09-30Referred To Dept Of Justice
• 1997-01-27Referred TO U.S. Attorney
• 1997-01-30Complaint Filed With Court
• 2013-09-17Enforcement Action Closed