EPA v. MIDLAND WATER ASSN

Case summary

CIVIL ACTION NO: 83-32 MIDLAND HAS 70 SERVICE CONNECTIONS SERVING APPROX 150 PEOPLE. FED JURISDICTION ATTACHES IN NON-PRIMARY STATES SUCH AS OREGON TO WATER SUPPLIERS W/EITHER 15 SERVICE CONNECTIONS OR 25 REGULAR CONSUMERS. 42 USC SEC 300F(4). MIDLAND HAS PERSISTENTLY VIOLATED SDWA REGULATIONS PUB- LISHED AT 40 CFR PART 141 BY NOT SAMPLING ITS WATER, NOT RE- PORTING SAMPLING RESULTS TO EPA, & NOT NOTIFYING BOTH EPA & ITS CONSUMERS OF THESE VIOL'S. FURTHERMORE, THE AGENCY HAS RECEIVED A CITIZEN COMPLAINT REGARDING THE QUALITY OF THE MIDLAND WATER. IN 6/82 THE REGN DOCUMENTED A SERIOUS VIOL OF THE MAXIMUM CONTAMINANT LEVEL(MCL) FOR COLIFORM BACTERIA OF AS MUCH AS 40 TIMES THE LEGAL LIMIT. COLIFORM BACTERIA MEAS- UREMENTS ARE USED AS INDICATORS OF THE PRESENCE OF PATHOGENS IN DRINKING WATER. THE MIDLAND SAMPLING RESULTS DENOTE A SERIOUS PROBLEM W/THIS DRINKING WATER SUPPLY. A SECOND EPA ANALYSIS OF MIDLAND'S WATER WAS MADE IN LATE 9/82, & SHOWED NOT ONLY CONTINUING CONTAMINATION FROM COLI- FORM BACTERIA, BUT ALSO THE PRESENCE OF FECAL COLIFORM & STAPHYLOCOCCUS BACTERIA. PROPOSED REMEDY: THE AGENCY SHOULD REQUEST THE FILING OF A CIVIL ACTION AGAINST MIDLAND SEEKING INJUNCTIVE RELIEF COMPELLING IT TO SAMPLE & REPORT, & SEEKING APPROPRIATE CIVIL PLTY'S. THE SUIT SHOULD ALSO REQUEST THE CONSTRUCTION OF A WATER TREAT- MENT PLANT FOR ITS SURFACE SUPPLY, AT AN ESTIMATED COST OF $25K, OR THE CONSTRUCTION OF A WELL TO CONVERT THE SUPPLY TO AN UNDERGROUND SOURCE, AT AN ESTIMATED COST OF BETWEEN $10K & $30K.

Defendants (2)

• ABRAHAMSON, R.Named in complaintNamed in settlement
• MIDLAND WATER ASSOCIATIONNamed in complaintNamed in settlement

Facilities (1)

• MIDLAND WATER ASSN

  HWY 30 3 MI WNW OF CY, CLATSKANIE, OR, 97016

  Registry ID: 110010755405

Statutes cited

• SDWA 1414 — Safe Drinking Water Act

Enforcement conclusions (1)

• MIDLAND WATER ASSOCIATIONentered 1984-03-21

  Primary law: SDWA

  Federal penalty: $3,000

Timeline (9 milestones)

• 1982-09-01Enforcement Action Data Entered
• 1982-09-21Referred To Headquarters
• 1982-09-30Referred To Dept Of Justice
• 1982-12-20Referred TO U.S. Attorney
• 1983-01-07Complaint Filed With Court
• 1984-03-21Final Order Lodged
• 1984-03-21Final Order Entered
• 1984-03-21Concluded
• 1987-01-14Enforcement Action Closed