EPA v. PARTNEY, R. & M. DBA PARTNEY MOBILE HOME

Case summary

SYNOPSIS OF THE CASE RICHARD PARTNEY AND MARIANNE PARTNEY, A MARRIED COUPLE, OWN AND OPERATE A TRAILER PARK KNOWN AS PARTNEY MOBILE HOME PARK ( PARTNEY ) NEAR PILOT ROCK, A TOWN IN NORTH-CEN- TRAL OREGON. THE TRAILER PARK HAS ITS OWN WATER SYSTEM CON- SISTING OF TWO WELLS, A PUMP AND A SYSTEM OF DISTRIBUTION TO 21 SERVICE CONNECTIONS SERVING APPROXIMATELY 65 YEAR-ROUND RESIDENTS. THE SIZE OF THE PARTNEY SYSTEM QUALIFIES IT AS A PUBLIC WATER SYSTEM SUBJECT TO THE REQUIREMENTS OF THE SAFE DRINKING WATER ACT, 42 U.S.C. 300F ET SEQ., AND THE NATIONAL INTERIM PRIMARY DRINKING WATER REGULATIONS, 40 C.F.R. PART 141. THE PRIMARY VIOLATION INVOLVED HERE IS PARTNEY'S CON- SISTENT FAILURE TO SAMPLE AND ANALYZE FOR MICROBIOLOGICAL CONTAMINANTS AT THE TRAILER PARK. SUCH SAMPLING AND ANALY- SIS IS REQUIRED TO BE CONDUCTED AT LEAST ONCE EACH MONTH FOR WATER SYSTEMS THE SIZE OF PARTNEY. 40 C.F.R. 141.21(B). EPA RECORDS SHOW THAT PARTNEY HAS NOT CONDUCTED BACTERIO- LOGICAL ANALYSES FOR ANY MONTH FROM JULY, 1977 (THE EFFEC- TIVE DATE OF THE DRINKING WATER REGULATIONS) THROUGH JULY, 1983, EXCEPT FOR THE MONTHS OF OCTOBER AND NOVEMBER, 1978, OCTOBER, 1982, AND MARCH AND JUNE, 1983. A SECOND TYPE OF VIOLATION IS PARTNEY'S FAILURE TO CONDUCT ANY ANALYSES, AS REQUIRED BY 40 C.F.R. 141.23, TO DETERMINE LEVELS OF IN- ORGANIC CHEMICAL CONTAMINANTS IN THE WATER SUPPLIED AT THE TRAILER PARK. COMPOUNDING THESE VIOLATIONS, PARTNEY DID NOT NOTIFY EPA OR THE PUBLIC THAT IT HAD FAILED TO CONDUCT REQUIRED MONITORING. PARTNEY'S FAILURE TO GIVE SUCH NOTICE VIOLATED 40 C.F.R. 141.31(B) AND 141.32(A). THE KNOWN VIOLATIONS ARE LIMITED TO NONCOMPLIANCE WITH THESE MONITOR- ING, REPORTING AND PUBLIC NOTIFICATION REQUIREMENTS; EPA HAS NO EVIDENCE THAT THE WATER PROVIDED BY PARTNEY HAS EX- CEEDED ANY OF THE MAXIMUM CONTAMINANT LEVELS ( MCLS ) SET BY THE REGULATIONS.

Defendants (2)

• PARTNEY, M. DBA PARTNEY MOBILE HOME PARKNamed in complaintNamed in settlement
• PARTNEY, R. DBA PARTNEY MOBILE HOME PARKNamed in complaintNamed in settlement

Facilities (1)

• PARTNEY MOBILE HOME PARK

  HWY 395 W SIDE 1 MI N OF CY, PILOT ROCK, OR, 97868

  Registry ID: 110010679480

Statutes cited

• SDWA 1414 — Safe Drinking Water Act

Enforcement conclusions (1)

• PARTNEY, R. & M. DBA PARTNEY Mentered 1984-07-03

  Primary law: SDWA

  Federal penalty: $1,500

Timeline (9 milestones)

• 1983-08-30Enforcement Action Data Entered
• 1983-09-30Referred To Headquarters
• 1983-10-21Referred To Dept Of Justice
• 1983-11-04Referred TO U.S. Attorney
• 1983-11-08Complaint Filed With Court
• 1984-07-03Final Order Lodged
• 1984-07-03Final Order Entered
• 1984-07-03Concluded
• 1984-10-31Enforcement Action Closed