EPA v. Estell S/D, Lot 2

Case summary

On June 15, 2018 US District Court for the District of Alaska granted DOJs motion requesting a default judgment in United States v. Tush for the amount of $588,684 for SDWA violations because the PWS owner, Ms. Tush, failed to respond to the Complaint after receiving timely notice of the action. DOJ and EPA deemed such a monetary penalty was appropriate based on SDWA statutory factors for the near-decade of a host of violations, including perennial exceedances of the maximum contaminant level for arsenic in water served to the apartment complex connected to the contaminated public water system. Also Ms. Tushs lack of cooperation with state, EPA, and DOJ efforts to protect public health was extreme. The motion seeks a default judgment, but explains that EPA would consider an ability to pay claim should defendant assert a credible claim.

Defendants (1)

• Trudy TushNamed in complaintNamed in settlement

Facilities (1)

• ESTELL S/D, LOT 2

  1117 CHUGACH WAY, ANCHORAGE, AK, 99503

  Registry ID: 110013240983

Statutes cited

• SDWA 1414C — PWS - Notice to Persons Served
• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• Estell S/D, Lot 2entered 2018-06-15

  Primary law: SDWA

  Federal penalty: $588,684

Timeline (6 milestones)

• 2017-04-12Referred To Dept Of Justice
• 2017-09-12Enforcement Action Data Entered
• 2018-04-23Complaint Filed With Court
• 2018-05-25Final Order Lodged
• 2018-06-15Concluded
• 2018-06-15Final Order Entered