BENSON, ROBERT D

DOC 01 OF 01

CONSENT DECREE BETWEEN PLAINTIFF UNITED STATEAND ROBERT D. BENSON AND ROBERT D. BENSON

02-90-C009

SDWA

MISC

03/07/90

19900307

NYD038640413

BENSON OIL

ALLEGANH TWP, NY

87-0245-E

02

CONSENT DECREE, USA V. ROBERT D. BENSON, SR., Page 1

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA,

Plaintiff, - v - ROBERT D. BENSON, SR.,

Defendant.

INTRODUCTION

WHEREAS Plaintiff, United States of America, on behalf of the United States Environmental Protection Agency ("EPA"), filed a Complaint herein on March 13, 1987, alleging that Defendant, Robert D. Benson, Sr., violated Part C of the Safe Drinking Water Act (the "Act"), 42 U.S.C. Section 300h et seq., and its implementing regulations codified at 40 C.F.R. Parts 144, 146 and 147 Subpart HH; and

WHEREAS Defendant is a person as defined in the Act and owns and operates twenty-nine (29) enhanced oil recovery wells, designated as the Benson-Zink lease, in Allegany Township, Cattaraugus County, New York, which wells are subject to the Act and its implementing regulations; and

WHEREAS the United States and Robert D. Benson, Sr., by their respective attorneys, having each consented to the making and entering of this Consent Decree, and the Court having considered the matter and being duly advised, it is hereby ORDERED, ADJUDGED AND DECREED as follows: ++EP++

Page 2 JURISDICTION AND VENUE

1. This Court has jurisdiction over the subject matter of this action and over the parties, pursuant to Section 1423(b)(1) of the Act, 42 U.S.C. Section 300h-2(b)(1), and 28 U.S.C. Sub-Section 1331, 1345 and 1355. Venue lies in this District, under 28 U.S.C. Sub-Section 1391(b) and 1395(a). The Complaint states a claim upon which relief can be granted.

APPLICABILITY OF DECREE

2. The provisions of this Consent Decree shall apply to and be binding upon the parties to this Consent Decree, their officers, directors, agents, servants, employees, successors, assigns, and all persons, firms, and corporations acting under, through, or for them or in active concert or participation with them.

SETTLEMENT OF CIVIL PENALTY CLAIMS

3. Robert D. Benson, Sr., shall pay to the United States the sum of NINE THOUSAND ($9,000.00) DOLLARS, plus interest, in settlement of all claims for civil penalties. Payment of FOUR THOUSAND FIVE HUNDRED ($4,500.00) DOLLARS shall be made within thirty (30) days of the entry of this Consent Decree. Payment of the sum of FOUR THOUSAND FIVE HUNDRED ($4,500.00) DOLLARS, plus interest as established from the date of entry of the Consent Decree, shall be made within six (6) months of the date of entry of this Consent Decree. Interest shall accrue at the rate established under 28 U.S.C. Section 1961. ++EP++

Page 3

All payments shall be by certified or cashier's check made payable to the "Treasurer of the United States of America." Payment shall be delivered at the Office of the United States Attorney for the Western District of New York, 502 U.S. Courthouse, 58 Court Street, Buffalo, New York 14202. Simultaneously, copies of the check and the letter tendering such check shall be mailed to the Chief, Water, Grants and General Law Branch, Office of Regional Counsel, U.S. EPA, 26 Federal Plaza, New York, New York 10278 and to the Chief, Environmental Enforcement Section, Land and Natural Resources Division, U.S. Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington, D.C., 20044, attention D.J. No. 90-5-1-1-2699. The payment of this civil penalty shall be full satisfaction of the United States' claims for civil penalties for violations alleged in the complaint filed herein through the date of lodging of this Consent Decree.

NON-WAIVER PROVISIONS

4. This Consent Decree in no way relieves Defendant of his obligations to comply with all applicable Federal, State and local statutes and regulations.

5. This Consent Decree in no way affects the right or remedies available to the United States for any violations by the Defendant of Federal or State laws, regulations or permit conditions not specifically the subject of this Consent Decree. ++EP++

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6. This Consent Decree is not and shall not be interpreted to be a permit for the underground injection of fluids, nor shall it in any way relieve Defendant of any obligation imposed by any permit issued pursuant to the Act.

COSTS OF SUIT

7. Each party shall bear its own costs and attorneys fees of this action.

PUBLIC COMMENT

8. Final approval by the United States and entry of this Consent Decree by the Court are subject to the requirements of 28 C.F.R. Section 50.7, which requires, inter alia, notice of this Consent Decree and an opportunity for public comment.

CONTINUING JURISDICTION OF THE COURT

9. This Court shall retain jurisdiction to enforce the terms and conditions of this Consent Decree and to resolve disputes arising hereunder as may be necessary or appropriate for the implementation of this Consent Decree.

TERMINATION

10. This Consent Decree shall terminate upon payment of the civil penalty provided for herein.

MODIFICATION

11. This Consent Decree may not be modified except upon the written consent of all parties hereto, or their successors or assigns, and the approval of the Court. ++EP++

Page 5 SIGNATORIES

12. The representatives of each party to this Consent Decree certify that they are fully authorized to enter into the terms and conditions of this Consent Decree and to execute and legally bind such party to this document.

THE UNDERSIGNED PARTIES enter into this Consent Decree in Civil Action No. 87-245-E (W.D.N.Y.), relating to the Benson-Zink lease owned and operated by Robert D. Benson, Sr., and submit it to the Court, that it may be approved and entered. ++EP++

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N.B. Consent Decree in Civil Action No. 87-245-E (W.D.N.Y.)

FOR PLAINTIFF, UNITED STATES OF AMERICA:

Richard B Stewart

/s/ RICHARD B. STEWART

Assistant Attorney General

Land & Natural Resources Division

U.S. Department of Justice

Washington, D.C. 20530

DATE 10-29-89

ILLEGIBLE

/s/ CARRICK BROOKE-DAVIDSON

Attorney

Environmental Enforcement Section

Land & Natural Resources Division

U.S. Department of Justice

Washington, D.C. 20530

DATE 10/16/89

DENNIS C. VACCO

United States Attorney

Western District of New York

BY:

MARTIN LITTLEFIELD

Assistant United States Attorney

502 U.S. Courthouse

68 Court Street

Buffalo, New York 14202

DATE

ILLEGIBLE

/s/ EDWARD E. REICH

Assistant Administrator

Enforcement & Compliance Monitoring

U.S. Environmental Protection Agency

401 M Street, S.W.

Washington, D.C. 20460

DATE 9/14/89 ++EP++

Page 7

N.B. Consent Decree in Civil Action No. 87-245-E (W.D.N.Y.)

Nina Dale

/s/ NINA DALE

Assistant Regional Counsel

U.S. Environmental Protection Agency

26 Federal Plaza

New York, New York 10278

DATE Aug 2, 1989

FOR DEFENDANT, ROBERT D. BENSON, SR.:

McDowell, McDowell, Wick & Daly

BY:

ILLEGIBLE

/s/ WILLIAM J. KUBIAK, ESQ.

P.O. Box 361, 50 Boylston St.

Bradford, Pennsylvania 16701

DATE 7/27/89

Robert D. Benson Sr.

/s/ ROBERT D. BENSON, SR.

Benson Oil Company

P.O. Box 23

Ceres, New York 14721

DATE 7/27/89

SO ORDERED, THIS DAY OF , 1989.

JUDGE, UNITED STATES DISTRICT COURT

Western District of New York ++EP++

V.I. HOUSING AUTHORITY

DOC 02 OF 02

CONSENT DECREE

02-89-C003

SDWA

MUNI

19890120

19890120

VID980779961

DONOE HOUSING PROJECT

ST. THOMAS, VI

86-112-CIV

02

CONSENT DECREE, U.S. V. VIRGIN ISLANDS HOUSING AUTHORITY

IN THE UNITED STATES DISTRICT COURT FOR THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN

UNITED STATES OF AMERICA, Plaintiff,

v.

VIRGIN ISLANDS HOUSING AUTHORITY, Defendant.

Civil Action No. 86-112-CIV

CONSENT DECREE

WHEREAS, the United States Environmental Protection Agency (hereinafter "EPA") is the federal agency vested with the authority to regulate public water systems through the enforcement of the Safe Drinking Water Act, 42 U.S.C. Sub-section 300f et seq. (hereinafter "SDWA"), and the National Primary Drinking Water ("NPDW") regulations, 40 C.F.R. Part 141;

WHEREAS, the NPDW regulations establish maximum contaminant levels for microbiological contaminants, turbidity, organic chemicals, inorganic chemicals, and radioactivity, and prescribe sampling and analysis, reporting, public notification, and recordkeeping requirements; and

WHEREAS, Defendant Virgin Islands Housing Authority (hereinafter "VIHA" or "Defendant") is a public corporation established pursuant to 29 V.I.C. Section 31 to serve as a public ++EP++

housing agency within the meaning of the United States Housing Act of 1937, 12 U.S.C. Sub-section 1701 et seq.; and

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WHEREAS, VIHA presently owns or operates thirteen community public water systems on the island of St. Croix and eleven community public water systems on the island of St. Thomas which together serve more than 11,000 people residing in its public housing projects; and

WHEREAS, pursuant to Section 1413 of the SDWA, 42 U.S.C. Section 300g-2, the Virgin Islands, through the Virgin Islands Department of Planning and Natural Resources, formerly the Department of Conservation and Cultural Affairs (hereinafter "DPNR"), has primary enforcement responsibility for the regulation of public water systems in the Virgin Islands; and

WHEREAS, pursuant to Section 1414(a)(1)(A) of the SDWA, 42 U.S.C. section 300g-3(a)(1)(A), EPA notified DPNR, by letter dated January 17, 1985, that the public water systems serving six of VIHA's housing projects were in violation of the maximum contaminant level for microbiological contaminants; and

WHEREAS, thirty days after the January 17, 1985 notice, the public water systems serving the Donoe Estates, Tutu High Rise and Aureo Diaz Heights housing projects continued to be in violation of the maximum contaminant level for microbiological contaminants; and

WHEREAS, pursuant to Section 1414(a)(1)(B) of the SDWA, 42 U.S.C. Section 300g-3(a)(1)(B), EPA gave public notice of these violations and requested DPNR to report, within fifteen days from ++EP++

the date of the public notice, the steps being taken to bring the systems into compliance with the SDWA; and

Page 3

WHEREAS, DPNR failed to submit a report to EPA within fifteen days from the date of the public notice, and failed to implement adequate procedures for bringing VIHA's public water systems into compliance and assuring provision of safe drinking water within sixty days from January 17, 1985; and

WHEREAS, sixty days after the date of the January 17, 1985 notice, the public water systems serving the Donoe Estates, Tutu High Rise and Aureo Diaz Heights housing projects continued to be in violation of the maximum contaminant level for microbiological contaminants; and

WHEREAS, on March 25, 1986, Plaintiff United States of America, on behalf of EPA, filed a complaint in this action alleging that, since March 1981, VIHA had violated the maximum contaminant level for microbiological contaminants at fifty-two of its public water systems on at least 1,519 occasions, had repeatedly failed to sample and analyze for these and other contaminants, and had failed to comply with reporting, public notification and recordkeeping requirements, in violation of the SDWA and NPDW regulations; and

WHEREAS, based on inspections conducted in April 1988, it was determined that VIHA has undertaken significant remedial measures toward improving the quality of water supplied by its public water systems, including cleaning and repair of cisterns, installation of treatment facilities, initiation of monitoring ++EP++

for turbidity, inorganic and organic chemicals, and reconfiguration of the water systems supplying the Tutu High Rise and Donoe Estates housing projects; and

Page 4

WHEREAS, a review of recent sampling and analysis for microbiological contaminants indicates a significant improvement in the quality of water supplied by VIHA's public water systems; and

WHEREAS, the parties agree that continued provision of safe drinking water depends on improving existing operation, maintenance, and monitoring procedures; and

WHEREAS, the parties recognize that the lack of a continuous supply of water in the Virgin Islands has a direct impact on the operation and maintenance of VIHA's public water systems; and

WHEREAS, the parties agree that settlement of this matter is in the public interest and that entry of this Decree without further litigation is the most appropriate means of resolving this matter;

NOW, THEREFORE, before taking any testimony, without trial or adjudication of any issue of fact or law, and upon consent of the parties and their attorneys, it is HEREBY STIPULATED, ORDERED, AND DECREED as follows:

I. JURISDICTION

1. This Court has jurisdiction over the subject matter of this action and over the parties pursuant to Section ++EP++

1414(b) of the SDWA, 42 U.S.C. Section 300g-3(b), 28 U.S.C. Sub-section 1331, 1345 and 1355, 48 U.S.C. Section 1406, and Section 22 of the Revised Organic Act of 1954, 1 V.I.C. Section 22.

Page 5

2. The complaint states a claim upon which relief can be granted against Defendant under the SDWA.

II. APPLICATION

3. This Consent Decree shall apply to and be binding upon VIHA and its successors or assigns. VIHA shall give notice and send a copy of this Consent Decree to all successors in interest, and shall simultaneously verify to EPA that such notice has been given, at least two weeks prior to the transfer of ownership or operation of any public water system subject to this Decree.

4. This Consent Decree shall apply to all public water systems that are, or may hereafter be, covered by the NPDW regulations, 40 C.F.R. Part 141, and are, or may hereafter be, owned or operated by VIHA, including the public water systems enumerated below:

PWS-ID -PWS-LOCATION VI0000002 DONOE ESTATES VI0000029 BOVONI HOUSING PROJECT BLDG C VI0000030 BOVONI HOUSING PROJECT BLDG D VI0000053 D. HAMILTON JACKSON TERRACE VI0000054 MT. PLEASANT HOUSING VI0000057 WALTER I.M. HODGE PAVILLION VI0000061 JOHN F. KENNEDY TERRACE VI0000065 LOUIS BROWN VILLAS VI0000067 MARLEY HOUSING PROJECT VI0000070 WHIM GARDENS VI0000073 RALPH DECHABERT PROJECT VI0000079 LUDVIG HARRIGAN COURT ++EP++ Page 6 VI0000099 AUREO DIAZ HEIGHTS VI0000101 H. BERGS HOME VI0000111 MICHAEL KIRWAN VI0000123 WARREN E. BROWN APTS. VI0000125 LUCINDA MILLEN HOME VI0000126 PAUL M. PEARSON GARDEN VI0000127 OSWALD E. HARRIS COURT VI0000140 TUTU HIGH RISE BLDG 7 VI0000147 TUTU HIGH RISE BLDG 14 VI0000063 NICASIO NICO APARTMENTS VI0000050 CANDIDO R. GUADALUPE TERRACE VI3000031 JOSEPH JAMES TERRACE III. CAPITAL IMPROVEMENTS

5. VIHA shall complete the cleaning and repair of cisterns and other capital improvements to its public water systems enumerated in Schedule A, which is attached hereto and made a part of this Decree, in accordance with the timetable set forth in Schedule A.

IV. OPERATION AND MAINTENANCE

6. (a) Upon entry of this Decree, VIHA shall implement, or continue to adhere to, the following operation and maintenance procedures with respect to each of its public water systems:

(1) Clean, disinfect, inspect and, if necessary, repair cisterns, roof catchments, and fill pipes once every three years;

(2) Test for chlorine residual and turbidity on a daily basis, and record the test results;

(3) Check the hypochlorinator on a daily basis to ensure sufficient volume of disinfectant and proper solution strength; ++EP++

Page 7

(4) Adjust treatment on a daily basis, as needed, based on results of chlorine residual and turbidity tests;

(5) Check integrity of all locks, fences, cistern covers, and other measures used to protect the public water systems on a monthly basis;

(6) Each time VIHA utilizes trucked-in water to supplement its water supply: (i) identify and record the source from which the trucked-in water is obtained; (ii) record the volume of water added to each cistern; (iii) secure fill hoses from contamination; and (iv) ensure that fill pipe caps are locked after the water has been added to the cistern; and

(7) Maintain all treatment equipment, including pumps, sand and carbon filters, ultraviolet disinfectors, and chlorinators, in good operating condition in accordance with manufacturer specifications.

(b) Within ninety (90) days from the entry of this Decree, VIHA shall submit to EPA written operation and maintenance procedures for all of its public water systems consistent with the procedures set forth in Paragraph 6(a), above. Said written procedures shall include manufacturer specifications for all water treatment equipment and copies of ++EP++

checklists or forms to be used for recording test results and documenting compliance with this Decree.

Page 8

(c) Upon entry of this Decree, VIHA shall submit to DPNR all plans and specifications for any construction or substantial modification of any of its public water systems. Within thirty (30) days after submission of the above, VIHA shall submit to DPNR a schedule for implementation of the plans and specifications.

(d) VIHA shall be relieved of the requirements, set forth in Paragraphs 6(a) (2) and (3), above, to test for chlorine residual and turbidity and to check the hypochlorinator at any public water system on any day on which that VIHA public water system does not supply water to VIHA tenants. This paragraph shall apply to any of VIHA's public water systems for any twenty-four (24) hour period, commencing at midnight, during which no piped water is distributed to the dwelling units serviced by that system. This paragraph shall also apply to any of VIHA's public water systems on the island of St. Croix, with the exception of Joseph James Home, for any twenty-four (24) hour period, commencing at midnight, during which piped water is supplied directly by the Virgin Islands Water and Power Authority (hereinafter "VIWAPA") and completely bypasses VIHA's collection and treatment facilities, provided that VIHA maintains a daily log indicating on which days water is provided directly by VIWAPA. ++EP++

Page 9

(e) Upon entry of this Decree, VIHA shall retain, during the term of this Decree, all records required to be prepared pursuant to Paragraphs 6(a) - (d) of the Decree.

V. TRAINING

7. (a) Upon entry of this Decree, VIHA shall ensure that all new water management personnel responsible for sampling for drinking water parameters are certified to sample for those parameters.

(b) Upon entry of this Decree, VIHA shall continue or implement the water management personnel training program described in Schedule B, which is attached hereto and made a part of this Decree. Said program shall be implemented in accordance with the timetable set forth in Schedule B.

VI. MONITORING PROGRAM MICROBIOLOGICAL CONTAMINANTS

8. Upon entry of this Decree, VIHA shall continue to collect at least the minimum number of samples of water per month from each of its public water systems, as set forth below, and analyze each sample to determine the level of microbiological contamination in accordance with the membrane filter technique specified in 40 C.F.R. Section 141.21(a). If such analysis shows the presence of coliform bacteria in amounts exceeding those allowed by 40 C.F.R. Section 141.14(a) and (b), VIHA shall ++EP++

collect and analyze the additional check samples as required by 40 C.F.R. Section 141.21(d) (1)-(4)

Page 10

MINIMUM NO. OF

PWS-ID -PWS-LOCATION

SAMPLES PER MONTH

VI0000002 DONOE ESTATES 2 VI0000029 BOVONI HOUSING PROJECT BLDG C 1 VI0000030 BOVONI HOUSING PROJECT BLDG D 1 VI0000053 D. HAMILTON JACKSON TERRACE 1 VI0000054 MT. PLEASANT HOUSING 1 VI0000057 WALTER I.M. HODGE PAVILLION 1 VI0000061 JOHN F. KENNEDY TERRACE 1 VI0000065 LOUIS BROWN VILLAS 1 VI0000067 MARLEY HOUSING PROJECT 1 VI0000070 WHIM GARDENS 1 VI0000073 RALPH DECHABERT PROJECT 1 VI0000079 LUDVIG HARRIGAN COURT 1 VI0000099 AUREO DIAZ HEIGHTS 1 VI0000101 H. BERGS HOME 1 VI00000111 MICHAEL KIRWAN TERRACE 1 VI0000123 WARREN E. BROWN APTS. 1 VI0000125 LUCINDA MILLEN HOME 1 VI0000126 PAUL M. PEARSON GARDEN 1 VI0000127 OSWALD E. HARRIS COURT 1 VI0000140 TUTU HIGH RISE BLDG 7 1 VI0000147 TUTU HIGH RISE BLDG 14 1 VI0000063 NICASION NICO APARTMENTS 1 VI0000050 CANDIDO R. GUADALUPE TERRACE 1 VI3000031 JOSEPH JAMES TERRACE 1 TURBIDITY

9. Upon entry of this Decree, VIHA shall continue to take daily samples at representative entry point(s) to the water distribution system for each of its public water systems to determine compliance with the maximum contaminant level for turbidity set forth in 40 C.F.R. Section 141.13. VIHA shall analyze the samples in accordance with the methods specified in 40 C.F.R. Section 141.22 (a). ++EP++

Page 11

10. If the result of a turbidity analysis indicates that the maximum contaminant level specified in 40 C.F.R. Section 141.13 has been exceeded, VIHA shall collect and analyze additional check samples as required by 40 C.F.R. Section 141.22 (b).

INORGANIC CHEMICALS

11. Upon entry of this Decree, VIHA shall continue to perform or arrange for annual sampling and analysis of inorganic chemicals, as required by 40 C.F.R. Section 141.23, to determine compliance with the maximum contaminant levels set forth in 40 C.F.R. Section 141.11(b). This sampling and analysis shall be performed for each public water system in accordance with the methods specified in 40 C.F.R. Section 141.23 (f). The next such sampling and analysis shall be performed no later than December 31, 1988.

12. If the result of an analysis made pursuant to Paragraph 11, above, indicates that the level of any contaminant listed in 40 C.F.R. Section 141.11 exceeds the maximum contaminant level for that contaminant, VIHA shall report to EPA within forty-eight (48) hours and shall obtain and analyze three (3) additional samples from the same sampling point within one (1) month of receiving the result.

13. When the average of four (4) analyses made pursuant to Paragraphs 11 and 12, above, rounded to the same number of significant figures as the maximum contaminant level for the substance in question, exceeds the maximum contaminant level for that substance, VIHA shall report to EPA and give ++EP++

notice to the public pursuant to 40 C.F.R. Section 141.36 and Paragraph 24 of this Decree.

Page 12

Monitoring after public notification shall be at a frequency designated by EPA and shall continue until the maximum contaminant level has not been exceeded for two (2) successive samples.

14. Notwithstanding Paragraph 13, above, compliance with the maximum contaminant level for nitrate shall be determined by the mean of two analyses, as specified in 40 C.F.R. Section 141.23 (d). When one sample exceeds the maximum contaminant level for nitrate, a second analysis shall be initiated within twenty-four (24) hours of VIHA's receipt of the analysis result. If the mean of the two (2) analyses exceeds the maximum contaminant level, VIHA shall report its findings to EPA within twenty-four (24) hours of becoming aware of the violation and shall notify the public pursuant to 40 C.F.R. Section 141.36 and Paragraph 24 of this Decree.

ORGANIC CHEMICALS

15. Within ninety (90) days from the entry of this Decree and at least once every three (3) years thereafter, VIHA shall contract with a certified laboratory to perform sampling and analysis of organic chemicals, as required by 40 C.F.R. Section 141.24, to determine compliance with the maximum contaminant levels set forth in 40 C.F.R. Section 141.12 (a) and (b). This sampling and analysis shall be performed for each public water system in accordance with a method specified in 40 C.F.R. Section 141.24 (e). ++EP++ The next such sampling and analysis shall be performed no later than December 31, 1988.

Page 13

16. If the result of an analysis conducted pursuant to Paragraph 15, above, indicates that the level of any contaminant listed in 40 C. F.R. Section 141.12(a) and (b) exceeds the maximum contaminant level for that contaminant, VIHA shall report to EPA within forty-eight (48) hours and shall initiate three (3) additional analyses within one (1) month of becoming aware of such result.

17. When the average of four (4) analyses made pursuant to Paragraphs 15 and 16, above, rounded to the same significant figures as the maximum contaminant level for the substance in question, exceeds the maximum contaminant level for the substance, VIHA shall report to EPA and give notice to the public pursuant to 40 C.F.R. Section 141.36 and paragraph 24 of this Decree.

RADIOACTIVITY

18. Within ninety (90) days from the entry of this Decree and at least once every four (4) years thereafter, VIHA shall contract with a certified laboratory to perform the sampling and analysis required by 40 C.F.R. Section 141.26 to determine compliance with the maximum contaminant level for radioactivity set forth in 40 C.F.R. Section 141.15. This analysis shall be performed for each public water system in accordance with the methods specified in 40 C.F.R. Sub-section 141.25 - 141.27. The initial sampling and analysis shall be completed by June 30, 1989. ++EP++

Page 14

Compliance with the maximum contaminant level shall be based upon the analysis of an annual composite of four (4) consecutive quarterly samples or the average of the analyses of four samples obtained at quarterly intervals.

19. If the average annual maximum contaminant level for gross alpha particle activity or total radium as set forth in 40 C.F.R. Section 141.15 is exceeded, VIHA shall report to EPA and give notice to the public pursuant to 40 C.F.R. Section 141.36 and paragraph 24 of this Decree Monitoring at quarterly intervals shall be continued until the annual average concentration no longer exceeds the maximum contaminant level.

SODIUM

20. Upon entry of this Decree, VIHA shall continue to sample and analyze one sample per treatment plant at the entry point of the distribution system on a yearly basis to determine the sodium concentration level in each of its public water systems. This sampling and analysis shall be performed in accordance with the method specified in 40 C.F.R. Section 141.42(d). The next such sampling and analysis shall be performed no later than December 31, 1988.

CORROSIVITY

21. Within ninety (90) days from the entry of this Decree, VIHA shall arrange for the performance of sampling and analysis to determine the corrosivity characteristics of water entering each of its public water systems. The sampling shall be performed in accordance with the procedures specified in 40 ++EP++

C.F.R. Section 141.42 (a) (1) and (2) and the analysis shall be performed in accordance with the methods specified in 40 C.F.R. Section 141.42(c).

Page 15

Such sampling and analysis shall be completed by December 31, 1988.

VII. REPORTING, PUBLIC NOTIFICATION AND RECORDKEEPING

22. VIHA shall report to EPA the results of all sampling and analyses required by 40 C.F.R. Part 141 and Paragraphs 8 through 13 and 15 through 21 of this Decree within the first ten (10) days of the month following the month in which VIHA receives the results.

23. In the event that VIHA fails to comply with any NPDW regulation, including any monitoring requirement, VIHA shall report to EPA within forty-eight (48) hours the failure to comply with the regulation.

24. In the event that:

a) the analyses conducted pursuant to Paragraph 8 of this Decree indicate an exceedance for any one month period of the maximum contaminant level for microbiological contamination set forth in 40 C.F.R. Section 141.14;or

b) two consecutive analyses exceed 5 TU or the monthly average of the daily samples taken pursuant to Paragraph 9 of this Decree indicates an exceedance of the maximum contaminant level for turbidity set forth in 40 C.F.R. Section 141.13;

VIHA shall continue to notify, in writing, all of the households served by the affected public water system(s) and the general ++EP++

public of such violations in accordance with the public notification provisions of 40 C.F.R. Section 141.36(a) and (b).

Page 16

In the event that:

a) the average of the four analyses conducted pursuant to Paragraph 12 of this Decree demonstrates an exceedance of any maximum contaminant level for inorganic chemicals set forth in 40 C.F.R. Section 141.11(b);

b) the mean of two analyses conducted pursuant to Paragraph 14 of this Decree indicates the exceedance of the maximum contaminant level for nitrate;

c) the average of the four annual analyses conducted pursuant to Paragraph 16 of this Decree demonstrates an exceedance of any maximum contaminant level for organic chemicals set forth in 40 C.F.R. Section 141.12;

d) the average annual analysis conducted pursuant to Paragraph 18 of this Decree indicates that the maximum contaminant level for gross alpha particle activity or total radium set forth in 40 C.F.R. Section 141.15 is exceeded; or

e) VIHA fails to conduct any of the analyses required by Paragraph 8, 9, 10, 11, 14, 15, 18, 20, and 21 of this Decree within the times specified therein,

VIHA shall notify, in writing, all of the households served by the affected public water system(s) and the general public of such violations in accordance with the public notification provisions of 40 C.F.R. Section 141.36(a) and (b). VIHA shall submit a representative copy of each notification to EPA within five (5) days of the provision of such notice.

25. VIHA shall continue to comply with the record maintenance provisions of 40 C.F.R. Section 141.33.

26. All notices, certifications or submissions ++EP++

required to be given to EPA pursuant to this Decree shall be sent to the following address:

Page 17

Chief, Drinking/Groundwater Protection Branch

U.S. Environmental Protection Agency - Region II

26 Federal Plaza

Room 845

New York, New York 10278

Any telephone notification required to be given to EPA pursuant to this Decree shall be made to the Chief, Drinking/Groundwater Protection Branch, at (212) 264-1800.

VIII. SPECIAL FUND

27. VIHA shall submit an annual budget request of approximately$ 500,000 to the United States Department of Housing and Urban Development ("HUD") for the creation of a Special Fund to be used exclusively for cleaning and repair of VIHA cisterns, operation, maintenance and monitoring of VIHA public water systems, and training of VIHA water management personnel. Said funds shall only be expended in accordance with HUD regulations. Failure to secure said funding shall constitute a force majeure event to the extent permitted by Paragraph 33 of this Decree.

IX. COMPLIANCE REPORTS

28. VIHA shall submit quarterly reports to EPA indicating the steps it has taken during the preceding three months to comply with this Consent Decree. The first report shall be due on the fifteenth (15th) day of the third month ++EP++ following the entry of the Decree and on a quarterly basis thereafter.

Page 18

Each report shall be sent to:

Chief, Drinking/Groundwater Protection Branch

U.S. Environmental Protection Agency

Room 845 New York, New York 10278,

and

Environmental Enforcement Section

Land and Natural Resources Division

Department of Justice

P.O. Box 7611

Ben Franklin Station

Washington, D.C. 20044

Attention: Bruce Gelber.

X. CIVIL PENALTY

29. In full settlement of the complaint filed in this action, VIHA shall pay a civil penalty in the amount of$12,000. VIHA shall pay such civil penalty within forty-five (45) days from the entry of this Decree by a certified check made payable to the "Treasurer, United States of America" and delivered to:

United States Attorney

District of the Virgin Islands

P.O. Box 1440

Charlotte Amalie

St. Thomas, U.S. Virgin Islands 00820-3239

XI STIPULATED PENALTIES

30. If VIHA fails to comply with any requirement of Paragraphs 5 through 29 of this Decree, VIHA shall incur and pay to the United States stipulated penalties as follows for each day for each violation of the Decree: ++EP++

Page 19

Penalty per Day

Days of Violation Per Violation 1 to 5 days $ 100 5 to 10 days $ 500 More than 10 days

$ 1000

31. Stipulated penalties required to be paid pursuant to Paragraph 30, above, shall be due and automatically payable on the fifteenth day of the month following the month in which the violation occurred. Stipulated penalties shall be paid by certified check made payable to "Treasurer, United States of America" and delivered to "United States Attorney, District of the Virgin Islands 00820, P.O. Box 1440, Charlotte Amalie, St. Thomas, U.S. Virgin Islands 00820" and shall be accompanied by a report describing the violation and the measures taken, or to be taken, to remedy the violation.

32. Payment of stipulated penalties shall not be construed to limit any other remedies, including, but not limited to, an action to compel compliance with the terms of this Decree, available to the United States for violations of this Decree or any other provision of law.

XII. FORCE MAJEURE

33. "Force Majeure" for the purpose of this Consent Decree is defined as any event arising from circumstances entirely beyond the control of VIHA which delays or prevents the performance of a requirement under this Consent Decree and which could not have been prevented or overcome by the exercise of reasonable diligence. Such circumstances shall be limited to an ++EP++

act of God, fire, flood, riot, or similar circumstances entirely beyond the control of VIHA except as provided below.

Page 20

In consideration of the unique circumstances that VIHA has been declared a financially troubled local housing authority by HUD, that VIHA relies almost exclusively on HUD to fund its operations and capital improvements, that VIHA is statutorily precluded from increasing its rental charges to fund its operations, and that nothing in this Decree imposes an obligation on HUD to provide funding to VIHA, the lack of funds or funding-source approvals (including approval of any change orders) necessary to permit timely performance of any requirement under this Consent Decree shall constitute a force majeure event, but only if (1) there are no other funds available to VIHA that may be utilized for these purposes, (2) VIHA has made a timely application for the funds and approvals from the Government of the Virgin Islands, HUD, and any other source which provides funds that may be utilized for these purposes, (3) VIHA has complied with all requirements for applying for such funds and approvals, and (4) VIHA has diligently pursued all such applications for funding and approvals; and provided further that the unavailability of funds shall not constitute a force majeure event with respect to the payment of any penalty under this Decree. An increase in costs, a failure to apply for a required permit or other approval, and a failure to provide in a timely manner all information required to obtain a permit or other approval shall not constitute a force majeure event. ++EP++

Page 21

34. If any event occurs which causes or may cause a delay in the timely completion of any requirement of this Decree, whether or not it is a force majeure event, VIHA shall provide oral notice of the event to EPA within five (5) business days of the date VIHA first knew or should have known that the event would cause a delay in completion of the requirement. VIHA shall thereafter provide EPA with written notice within thirty (30) days after it first knew or should have known that the event would cause a delay in completion of the requirement. The written notice shall describe the anticipated length of the delay, the precise cause or causes of the delay, the measures taken or to be taken by VIHA to prevent or minimize the delay, and the timetable by which those measures will be implemented. Failure by VIHA to provide such notice shall constitute a waiver of any claim of force majeure.

35. If EPA agrees that a delay in the performance of a requirement is or was caused by a force majeure event, the parties may modify this Consent Decree to extend the time for performance of such requirement for the period necessary to compensate for that event. If the parties are unable to agree, the matter may be submitted to the Court for resolution pursuant to the Dispute Resolution provisions of this Decree. In any proceeding concerning a dispute about a delay in performance, VIHA shall have the burden of proving (1) that the delay is or was caused by a force majeure event, and (2) that the amount of ++EP++ additional time requested is necessary to compensate for that event.

Page 22 XIII. DISPUTE RESOLUTION

36. Any dispute between EPA and VIHA which arises under or with respect to this Consent Decree shall in the first instance be subject to informal negotiations between the parties for a period of up to fifteen (15) days from the time notice of the existence of the dispute is given. The period for negotiations may be extended by agreement of the parties.

37. If the parties are unable to resolve a dispute through informal negotiations, any party may submit the matter to the Court for resolution.

38. The filing of a petition asking the Court to resolve a dispute shall not automatically extend or postpone any obligation of VIHA under this Consent Decree, except that payment of stipulated penalties with respect to the disputed matter shall be stayed pending resolution of the dispute. In the event that VIHA does not prevail on the disputed issue, stipulated penalties accruing from the first day of noncompliance shall be assessed and paid as provided in Paragraph 31, unless the Court orders otherwise for good cause shown.

XIV. GENERAL PROVISIONS

39. Nothing in this Consent Decree shall limit the right of the United States to take additional enforcement ++EP++

action, including imposition of civil penalties, for any future noncompliance with the maximum contaminant levels set forth in Subpart B of 40 C.F.R. Part 141. the SDWA or any other regulation promulgated thereunder.

Page 23

40. Copies of all monitoring results, reports, and notifications submitted by VIHA to EPA, as required by this Decree, shall be subject to public inspection and shall not be treated by EPA as confidential.

41. Nothing in this Consent Decree shall relieve VIHA from its responsibility to achieve and maintain compliance with all applicable Federal and State laws, regulations and permits. No penalties required to be paid pursuant to Paragraphs 29 to 32 of this Decree shall be paid from tenant rents or funds made available to VIHA by HUD, or from any income earned on the foregoing.

XV. RIGHT OF ENTRY

42. EPA employees and any duly designated representative of EPA (hereinafter "inspector"), upon presentation of his or her credentials or other appropriate authorization and upon twenty-four (24) hour written or oral notice, may enter upon the premises of any VIHA housing project for the purpose of determining compliance with this Decree. This provision in no way limits any right of entry held by EPA under any applicable law or regulation. EPA shall provide VIHA with a ++EP++

copy of any nonprivileged, written inspection report prepared by the inspector.

Page 24 XVI. MODIFICATION

43. In the event that either an amendment to an applicable regulation or the issuance of an exemption or variance requires modification of this Consent Decree, the parties may jointly stipulate in writing to such modification of the Decree. Any other modification of this Consent Decree must be in writing, signed by each of the parties, and approved by this Court before it becomes effective.

XVII. CONTINUING JURISDICTION OF THE COURT

44. During the term of this Decree, the Court shall retain jurisdiction over this matter to enforce the terms and conditions of this Consent Decree and to resolve all disputes arising under or with respect to this Decree.

XVIII. COSTS OF SUIT

45. Each party shall bear its own costs and attorney's fees in this action.,

XIX. PUBLIC COMMENT

46. Final approval by the United States and entry of this Consent Decree by the Court are subject to the requirements of 28 C.F.R. Section 50.7, which requires, inter alia, that the public ++EP++

be afforded an oppurtunity to comment on the proposed Consent Decree prior to its entry.

Page 25 XX. TERMINATION

47. This Decree shall terminate on the later of the following: (a) two (2) years after its entry; or (b) the date on which (1) all work required under Paragraph 5 of the Decree has been completed and (2) all of VIHA's public water systems have been in compliance with all applicable requirements of the SDWA and NPDW regulations for at least four (4) consecutive months.

SO ORDERED, STIPULATED, AND DECREED.

1/20/89

/S/

United States District Judge

District of the Virgin Islands

We hereby consent to the entry of

this Decree:

FOR THE VIRGIN ISLANDS HOUSING AUTHORITY

By: /S/ Q

1/31/88

DEBRA WATLINGTON

Legal Counsel

Virgin Islands Housing Authority

FOR THE UNITED STATES OF AMERICA

By: /s/

ROGER J. MARZULLA

Assistant Attorney General

Land and Natural Resources Division

U.S. Department of Justice ++EP++

Page 26

/s/

JOSE DIEGO ENCARNACION

Chief Executive Officer

Virgin Islands Housing Authority

/s/

JAMES S. CARROLL, III

Assistant United States Attorney

District of the Virgin Islands

/s/

BRUCE S. GELBER, Senior Attorney

Environmental Enforcement Section

Land and Natural Resources

Division

U.S. Department of Justice

/s/

THOMAS L. ADAMS, JR.

Assistant Administrator

for Enforcement

U.S. Environmental Protection

Agency

/s/

LYNN WRIGHT

Assistant Regional Counsel

U.S. Environmental Protection

Agency ++EP++

V.I. HOUSING AUTHORITY

DOC 01 OF 02

COMPLAINT

02-89-C003

SDWA

MUNI

19890120

19860325

VID980779961

DONOE HOUSING PROJECT

ST. THOMAS, VI

86-112-CIV

02

U.S. V. VIRGIN ISLANDS HOUSING AUTHORITY

IN THE DISTRICT COURT OF THE VIRGIN ISLANDS

UNITED STATES OF AMERICA, Plaintiff,

v.

VIRGIN ISLANDS HOUSING AUTHORITY, Defendant.

Civil Action No. 86-112-CIV

COMPLAINT

The United States of America, at the request of the Administrator of the United States Environmental Protection Agency (hereinafter "EPA"), alleges as follows:

1. This is a civil action for injunctive relief and civil penalties brought pursuant to Section 1414(b) of the Safe Drinking Water Act (hereinafter "the Act"), 42 U.S.C. Section 300g-3(b), to enforce the provisions of the Act and its implementating regulations, 40 C.F.R. Part 141.

2. This Court has subject matter jurisdiction over the action pursuant to Section 1414(b) of the Act, 42 U.S.C. Section 300g-3(b), 28 U.S.C. Sub-section 1331, 1345 and 1355, 48 U.S.C. Section 1406, and Section 22 of the Revised Organic Act of 1954, 1 V.I.C. Section 22.

3. Venue is proper in this district pursuant to 28 U.S.C. Sub-section 1391(b), 1391(c) and 1395(a).

4. Defendant Virgin Islands Housing Authority (hereinafter "VIHA") is a public corporation established pursuant to 29 V.I.C. Section 31 to serve as a public housing agency ++EP++

within the meaning of the United States Housing Act of 1937, 12 U.S. C. Sub-section 1701 et seq.

Page 2

5. VIHA owns or operates seventy-one public water systems which serve more than 10,000 people residing in twenty-eight public housing projects. Twenty-nine of these public water systems serve the Donoe Estates housing project on the island of St. Thomas; twenty-two of these public water systems serve the Tutu High Rise housing project on the island of St. Thomas; and one public water system serves the Aureo Diaz Heights housing project on the island of St. Croix.

6. VIHA is a "supplier of water" as defined by 42 U.S.C. Section 300f(5) and 40 C.F.R. Section 141.2(i).

7. Each of VIHA's seventy-one public water systems is a "community water system" as defined by 40 C.F.R. Section 141.2(e).

8. Each of VIHA's seventy-one public water systems serves between 25 and 3,000 persons.

9. Each of VIHA's seventy-one public water systems obtains its supply of water, in part, from surface waters.

10. Section 1412 of the Act, 42 U.S.C. Section 300g-1, requires EPA to promulgate national interim primary drinking water regulations for the protection of public health.

11. The National Interim Primary Drinking Water (hereinafter "NIPDW") regulations, which are codified at 40 C.F.R. Part 141, were promulgated on December 24, 1975, and amended on July 9, 1976, August 27, 1980 and March 12, 1982. ++EP++

Page 3

These regulations establish maximum contaminant levels for inorganic chemicals, organic chemicals, turbidity, microbiological contaminants and radioactivity, and prescribe monitoring, analytical, reporting, public notification and recordkeeping requirements.

12. Pursuant to Section 1413 of the Act, 42 U.S.C. Section 300g-2, the Virgin Islands, through the Virgin Islands Department of Conservation and Cultural Affairs (hereinafter "DCCA"), has primary enforcement responsibility for the regulation of public water systems in the Virgin Islands.

13. DCCA has not granted VIHA a variance pursuant to Section 1415 of the Act, 42 U.S.C. Section 300g-4.

14. DCCA has not granted VIHA an exemption pursuant to Section 1416 of the Act, 42 U.S.C. Section 300g-5.

15. Pursuant to Section 1414(a)(1)(A) of the Act, 42 U.S.C. Section 300g-3(a)(1)(A), EPA notified DCCA, by letter dated January 17, 1985, that the public water systems serving six of VIHA's housing projects were in violation of the maximum contaminant level for microbiological contaminants (hereinafter "coliform bacteria"). Said notice recommended measures to DCCA and VIHA for bringing these public water systems into compliance with the Act.

16. Thirty days after the date of the January 17, 1985 notice, the public water systems serving the Donoe Estates, Tutu High Rise and Aureo Diaz Heights housing projects ++EP++

continued to be in violation of the maximum contaminant level for coliform bacteria.

Page 4

17. Pursuant to Section 1414(a)(1)(B) of the Act, 42 U.S.C. Section 300g-3 (a)(1)(B), EPA gave public notice of these violations and requested DCCA to report, within fifteen days from the date of the public notice, the steps being taken to bring the systems into compliance with the Act.

18. DCCA failed to submit a report to EPA within fifteen days from the date of the public notice, and failed to implement adequate procedures for bringing the systems into compliance and assuring provision of safe drinking water within sixty days from January 17, 1985.

19. Sixty days after the date of the January 17, 1985 notice, the public water systems serving the Donoe Estates, Tutu High Rise and Aureo Diaz Heights housing projects continued to be in violation of the maximum contaminant level for coliform bacteria.

FIRST CLAIM FOR RELIEF

20. Paragraphs 1 through 19 are incorporated herein by reference.

21. Section 141.14 of the NIPDW regulations, 40 C.F.R. Section 141.14, establishes the maximum contaminant level for coliform bacteria.

22. Since March 1981, the public water systems serving the Donoe Estates, Tutu High Rise and Aureo Diaz ++EP++

Heights housing projects have exceeded the maximum contaminant level for coliform bacteria on at least 1,519 occasions.

Page 5

23. Each occasion on which a public water system exceeded the maximum contaminant level for coliform bacteria constitutes a violation of the Act and Section 141.14 of the NIPDW regulations, 40 C.F.R. Section 141.14.

24. VIHA's failure to comply with the maximum contaminant level for coliform bacteria set forth in 40 C.F.R. Section 141.14 was and continues to be willful.

SECOND CLAIM FOR RELIEF

25. Paragraphs 1 through 19 are incorporated herein by reference.

26. Section 141.21(b) of the NIPDW regulations, 40 C.F.R. Section 141.21(d), requires suppliers of water to collect and analyze check samples whenever coliform bacteria in the water supply exceeds specified levels.

28. Since March 1981, VIHA has repeatedly failed to sample and analyze for coliform bacteria at its public water systems in accordance with 40 C.F.R. Section 141.21(b) and (d). ++EP++

Page 6

29. Each failure to monitor and analyze for coliform bacteria in accordance with 40 C.F.R. Section 141.21(b) and (d) constitutes a violation of the Act and the NIPDW regulations.

30. VIHA's failure to monitor and analyze for coliform bacteria in accordance with 40 C.F.R. Section 141.21(b) and (d) was and continues to be willful.

THIRD CLAIM FOR RELIEF

31. Paragraphs 1 through 19 are incorporated herein by reference.

32. Section 141.22(a) of the NIPDW regulations, 40 C.F.R. Section 141.22(a), requires suppliers of water to sample and analyze water at representative entry point(s) to the water distribution system at least once per day to determine compliance with the maximum contaminant level for turbidity set forth in 40 C.F.R. Section 141.13.

33. Since March 1981, VIHA has failed to sample and analyze for turbidity in accordance with 40 C.F.R. Section 141.22(a) at any of its public water systems.

34. Each failure to sample and analyze for turbidity in accordance with 40 C.F.R. Section 141.22(a) constitutes a violation of the Act and the NIPDW regulations.

35. VIHA's failure to sample and analyze for turbidity in accordance with 40 C.F.R. Section 141.22(a) was and continues to be willful. ++EP++

Page 7 FOURTH CLAIM FOR RELIEF

36. Paragraphs 1 through 19 are incorporated herein by reference.

37. Section 141.23(a)(1) of the NIPDW regulations, 40 C.F.R. Section 141.23(a)(1), requires suppliers of water utilizing surface water sources to sample and analyze their water at least once per year to determine compliance with the maximum contaminant levels for inorganic chemicals set forth in 40 C.F.R. Section 141.11.

38. Section 141.24(a)(1) of the NIPDW regulations, 40 C.F.R. Section 141.24(a)(1), requires suppliers of water utilizing surface water sources to sample and analyze their water at least once every three years to determine compliance with the maximum contaminant levels for organic chemicals set forth in 40 C.F.R. Section 141.12.

39. Section 141.26(a) of the NIPDW regulations, 40 C.F.R. Section 141.26(a), requires suppliers of water to sample and analyze their water at least once every four years to determine compliance with the maximum contaminant level for radioactivity set forth in 40 C.F.R. Section 141.15.

40. Section 141.41 of the NIPDW regulations, 40 C.F.R. Section 141.41, requires suppliers of water to sample and analyze one sample per plant per year at the entry point to the distribution system to determine sodium concentration ++EP++ levels.

Page 8

41. Section 141.42 of the NIPDW regulations, 40 C.F.R. Section 141.42, requires suppliers of water to collect and analyze samples to determine the corrosivity characteristics of water entering their public water systems.

42. Since March 1981, VIHA has not sampled and analyzed for the contaminants specified in paragraphs 37 through 41 at any of its seventy-one public water systems.

43. Each failure to sample and analyze for the contaminants specified in paragraphs 37 through 41 in accordance with 40 C.F.R. Sub-section 141.23, 141.24, 141.26, 141.41, and 141.42 constitutes a violation of the Act and the NIPDW regulations.

44. VIHA's failture to sample and analyze for the contaminants specified in paragraphs 37 through 41 in accordance with 40 C.F.R. Section 141.23, 141.24, 141.26, 141.41 and 141.42 was and continues to be willful.

FIFTH CLAIM FOR RELIEF

45. Paragraphs 1 through 19 are incorporated herein by reference.

46. Section 141.31(a) of the NIPDW regulations, 40 C.F.R. Section 141.31(a), requires suppliers of water to report to the State the results of all monitoring and analysis required by 40 C.F.R. Part 141 within the first ten days following the end of each required monitoring period. ++EP++

Page 9

47. Section 141.31(b) of the NIPDW regulations, 40 C.F.R. Section 141.31(b), requires suppliers of water to report to the State any failure to comply with a NIPDW regulation within forty-eight hours of such failure.

48. Section 141.32 of the NIPDW regulations, 40 C.F.R. Section 141.32, requires suppliers of water from a community water system to give public notification of any failure to comply with an applicable maximum contaminant level established in 40 C.F.R. Part 141, Subpart B, or an applicable testing procedure established in 40 C.F.R. Part 141, Subpart C.

49. Section 141.31(d) of the NIPDW regulations, 40 C.F.R. section 141.31 (d), requires water supply systems, within ten days after completion of each public notification required by 40 C.F.R. Section 141.32, to submit to the State a representative copy of each type of notice distributed, published, posted or made available to the public.

50. Section 141.33 of the NIPDW regulations, 40 C.F.R. Section 141.33, requires suppliers of water to retain records of all bacteriological and chemical analyses made pursuant to 40 C.F.R. Part 141, all actions taken to correct violations of NIPDW regulations, and all reports, summaries or communications relating to sanitary surveys of their public water systems.

51. Since March 1981, VIHA has repeatedly failed to comply with the reporting, public notification, and recordkeeping requirements specified in paragraphs 46 through 50, above. ++EP++

Page 10

52. Each failure to comply with the reporting, public notification and recordkeeping requirements specified in paragraphs 46 through 50, above, constitutes a violation of the Act and the NIPDW regulations.

53. VIHA's failure to comply with the reporting, public notification and recordkeeping requirements specified in paragraphs 46 through 50, above, was and continues to be willful.

WHEREFORE, the United States of America prays that this Court:

1. Order VIHA to take whatever measures are necessary to comply with the maximum contaminant level for coliform bacteria, as set forth in 40 C.F.R. Section 141.14, at the Donoe Estates, Tutu High Rise and Aureo Diaz Heights housing projects;

2. Order VIHA immediately to assure the provision of safe drinking water to the Donoe Estates, Tutu High Rise and Aureo Diaz Heights housing projects;

3. Order VIHA to comply fully with the monitoring and analytical requirements set forth in 40 C.F.R. Sub-section 141.21, 141.22, 141.23, 141.24, 141.26, 141.41 and 141.42 at all of its public water systems;

4. Order VIHA to comply fully with the reporting, public notification and recordkeeping requirements set forth in 40 C.F.R. Sub-section 141.31, 141.32 and 141.33;

5. Order VIHA to submit for EPA review and approval a detailed compliance plan, setting forth the actions to be taken and schedules and timetables for bringing the VIHA's public water systems into full compliance with the Act and the NIPDW regulations; ++EP++

Page 11

6. Impose a civil penalty of up to$5,000 for each day of violation of the requirements of 40 C.F.R. Part 141;

7. Order VIHA to pay the United States the costs of this action; and

8. Grant such other relief as it may deem just and proper.

Respectfully submitted,

JAMES W. DIEHM

United States Attorney

District of the Virgin Islands

JAMES S. CARROLL III

Assistant United States Attorney

P.O. Box 1440

Charlotte Amalie

St. Thomas,

U.S. Virgin Islands 00820

(809) 774-5757

/S/

F. HENRY HABICHT II

Assistant Attorney General

Land and Natural Resources

Division

United States Department

of Justice

10th & Pennsylvania Avenue, N.W.

Washington, D.C. 20530

/S/

BRUCE S. GELBER

Attorney, Environmental

Enforcement

Section

United States Department

of Justice

10th & Pennsylvania Avenue, N.W.

Washington, D.C. 20530

(202) 633-5266 ++EP++

Page 12

OF COUNSEL:

LYNN WRIGHT

Office of Regional Counsel

United States Environmental

Protection Agency - Region II

26 Federal Plaza

New York, New York 10278

(212) 264-9896

ALAN MORRISSEY

Office of Enforcement

and Compliance Monitoring

United States Environmental

Protection Agency

401 M Street, S.W.

Washington, D.C. 20460

(202) 382-2855 ++EP++

WHISKEY RUN WATER ASSOCIATION

DOC 01 OF 01

CONSENT DECREE

03-88-C015

SDWA

MUNI

19881014

19881014

PAD980693931

WHISKEY RUN PUBLIC WATER SYSTEM

FARRANDSVILLE, PA

83-1175

03

CONSENT DECREE in U.S. v. WHISKEY RUN WATER ASSOCIATION a/k/a FARRANDSVILLE WATER ASSOCIATION

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff,

v.

WHISKEY RUN WATER ASSOCIATION a/k/a FARRANDSVILLE WATER ASSOCIATION Defendant

Civil No. 83-1175

CONSENT DECREE

Plaintiff, United States of America, on behalf of the United States Environmental Protection Agency ("EPA"), having filed a Complaint herein in April, 1983, alleging that defendant has violated the Safe Drinking Water Act ("SDWA" or "Act"), 42 U.S.C. Section 300f et seq., a Default Judgment and Order having been entered against defendant on March 12, 1984, and a Motion for Civil Contempt and to Enforce Judgment having been filed on March 30, 1987, the parties by their attorneys consent to entry of this Decree;

NOW, THEREFORE, before the taking of any testimony herein, and upon consent of the parties, by their attorneys and authorized officials, it is

HEREBY STIPULATED AS FOLLOWS:

1. This Court has jurisdiction of the subject matter of this action pursuant to 28 U.S.C. Section 1345 and Section 1414(b) of the SDWA, 42 U.S.C. Section 300g-3(b), and jurisdiction over the parties hereto. ++EP++

Page 2

2. The provisions of this Consent Decree shall apply to and be binding upon the parties to this action, their members, officers, directors, agents, servants, employees, successors and assigns. Defendant shall give notice of this Consent Decree to any successors in interest prior to transfer of ownership or control of the water supply system and shall simultaneously verify to plaintiff that defendant has given such notice.

3. Defendant Whiskey Run Water Association (hereinafter "Whiskey Run") is an unincorporated association of water supply system users, doing business in the Middle District of Pennsylvania. Each user of the system is a member of the association, and each user-member is bound by the terms of this Decree.

4. Defendant operates a public water system in Farrandsville, Clinton County, Pennsylvania that provides piped water for human consumption. The water system is subject to the requirements of the SDWA and the regulations promulgated thereunder. Whiskey Run is a "community water system" as defined at 40 C.F.R. Section 141.2(e)(i) and is a "supplier of water" as defined at 40 C.F.R. Section 141.2(i). Whiskey Run serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. ++EP++

Page 3

5. Defendant has delivered to consumers water with microbiological contaminant levels which exceed the Maximum Contaminant Level (MCL) authorized by the National Primary Drinking Water Regulations, 40 C.F. R. Section 141.14(b)(1)(i), has failed to sample and analyze the drinking water for contaminants as required by 40 C.F.R. Part 141, Subpart C, and has failed to report to EPA, notify the public, and keep records as required by 40 C.F.R. Part 141, Subpart D.

NOW, THEREFORE, based on the foregoing, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

SECTION ONE

1. General Compliance:

Defendant shall, commencing immediately, comply with all applicable sampling, monitoring, analytical, reporting, recordkeeping and public notification requirements of the National Primary Drinking Water Regulations ("NPDWR") at 40 C.F.R. Part 141.

2. Compliance with MCLs:

Defendant shall, commencing immediately, comply with all maximum contaminant levels of the NPDWR, appearing at 40 C.F.R. Part 141, Subpart B, except Defendant shall comply with the maximum contaminant level for microbiological contaminants according to the schedule for compliance set out in Paragraph 3, below. ++EP++

Page 4

3. Compliance with Microbiological Contaminant MCL, Schedule for Construction:

Defendant shall construct and operate, according to the following schedule (and consistent with the design and construction standards of the Pennsylvania Department of Environmental Resources) a raw water disinfection system for the Whiskey Run drinking water system which will consistently reduce microbiological contaminant levels in the finished water, measured at representative points throughout the distribution system, to levels which are in compliance with the maximum contaminant level for microbiological contaminants expressed at 40 C.F. R. Section 141.14:

a. Complete design; apply for all necessary State Permits By March 1, 1988 b. Commence Construction By May 1, 1988 c. Complete Construction By August 1, 1988 d. Achieve compliance with

microbiological contaminant MCL By August 31, 1988

SECTION TWO

4. Stipulated Penalties for Violations of Construction Schedule:

If defendant fails to comply with the deadlines of ++EP++ Section One Paragraph 3 of this Decree, the defendant shall incur and pay to the United States within thirty (30) days of the demand therefor, stipulated civil penalties as follows for each day (not necessarily consecutive) of violation that occurs between the date of entry and the date of expiration of this Decree.

Page 5

Penalty per Day

Days of Violation per Violation 1 to 5 days $50.00 5 to 10 days $100.00 More than 10 days $150.00

Payment of stipulated penalties shall not relieve defendant of the obligation to comply with applicable law and with this Decree, nor shall it limit the right of plaintiff to enforce the terms of this Decree consistent with paragraph 8 hereto.

5. Excuse from Penalty Liability:

Defendant shall not be liable for stipulated penalties for any delay in the construction required by this Decree, if such delay is caused by circumstances entirely beyond the control of defendant. Should defendant miss a construction deadline and believe that the delay was caused by circumstances entirely beyond defendant's control, defendant shall make its initial ++EP++ written request to EPA for relief from penalty liability within thirty days following the relevant Decree construction deadline.

Page 6

Within thirty days following actual completion of the Decree-mandated construction, defendant must submit its final request for relief from penalty liability for that portion of the period of delay which defendant believes was caused by circumstances entirely beyond its control.

6. Payment Method, Dispute Resolution:

Stipulated penalties due pursuant to this Section shall be paid by certified or cashier's check made payable to "Treasurer, United States of America," and sent by Certified Mail to Wayne Samuelson, Esq., Assistant United States Attorney, Room 307, Post Office Building, 3rd and Market Sts., Lewisburg, PA 17837, with photocopy sent to the Regional Hearing Clerk, USEPA Region III, 841 Chestnut St., Philadelphia, PA 19107.

Any dispute with respect to defendant's liability for a stipulated penalty shall be resolved by this Court. Defendant may petition the Court for excuse from stipulated penalty liability on the grounds that the noncompliance was caused by circumstances entirely beyond the control of defendant, only if such a request was first made to EPA in writing consistent with paragraph 5 above, and EPA rejected the request. Defendant will have the burden of proof in any such proceeding before this Court. ++EP++

Page 7 SECTION THREE

7. Penalties for Past Violations:

The United States of America and the Whiskey Run will pay the sum of $250.00 in full settlement of the federal government's demand for civil penalties relative to this matter. Payment shall be made as follows: Within 14 days of approval of the Consent Decree by this Court, the defendant shall pay the aforementioned sum by cashier's check or certified check, made payable to the "Treasurer of the United States," and delivered to:

EPA - Region III Regional Hearing Clerk Post Office Box 360515M Pittsburgh, PA 15251

A photocopy of said payment shall be sent concurrently to: Regional hearing Clerk (3RC00) United States Environmental Protection Agency 841 Chestnut Street Philadelphia, Pennsylvania 19107

The provisions of this section shall not be construed to limit any other remedies available to plaintiffs including, but not limited to, institution of proceedings for civil contempt for violations of this Consent Decree or any other provisions of law. ++EP++

Page 8 Section Four

8. Responsibility to Comply:

This Consent Decree in no way affects or relieves defendant of responsibility to comply with any Federal, State or local law, regulation, permit or Judicial Order, and compliance with this Decree shall be no defense to any action commenced pursuant to such authorities. Nothing contained in this Decree shall be construed to limit the right of the United States to take additional legal or administrative action to enforce applicable Federal laws or regulations, nor shall it limit the right of the United States to bring an action regarding claims not addressed by, or arising subsequent to, entry of this Decree.

9. Access

Any authorized representative of the Pennsylvania Department of Environmental Resources or the U.S. Environmental Protection Agency, upon presentation of his or her credentials, may at any time enter upon defendant's premises for the purposes of determining compliance with any of the provisions of the Safe Drinking Water Act or of this Decree. This provision is in addition to and not a substitute for any right ++EP++ of entry held by EPA or plaintiff United States pursuant to applicable Federal laws or regulations.

Page 9

10. Progress and Noncompliance Reporting:

Defendant shall notify EPA monthly by written report to the address below, of its compliance status and progress toward each of the requirements herein, and shall specifically identify any event or occurrence which causes or may cause delay or other noncompliance in achievement of any requirement herein. In the case of noncompliance or delay, the report shall describe, in detail:

a) the anticipated length of the noncompliance;

b) the precise cause or causes of the noncompliance;

c) the efforts taken or to be taken to prevent or minimize the noncompliance, including a timetable for such efforts; and

d) a description of any future deadlines which could be affected by the present or anticipated noncompliance.

Such a report of noncompliance shall not excuse the obligation of Whiskey Run to comply with the requirements or timetable in this Decree, unless an extension has been requested and agreed to by Plaintiff, or granted by the Court. Monthly reports required by this paragraph shall be mailed to:

Chief, Drinking Water Section (3WM41) U.S. Environmental Protection Agency 841 Chestnut Building Philadelphia, PA 19107 ++EP++

Page 10

11. Notification to Public:

Within thirty (30) days of entry of this Decree, defendant shall certify to EPA at the address in paragraph 9 above that all system users have been sent a copy of the "Boil Water Advisory" attached as Exhibit A hereto. Defendant shall advise all system users monthly of the desirability of boiling all water used for drinking or cooking purposes until such time as consistent compliance with the microbiological contaminant standard has been achieved.

11a. Costs of Suit:

Each party shall bear its own costs in this action.

12. Modifications of Decree:

Any modifications of this Decree must be in writing and approved by this Court.

13. Retention of Jurisdiction:

This Court shall retain jurisdiction of this matter for the purpose of determining the appropriate penalty if any, pursuant to Section Three of this Decree and for the purpose of enabling either party to apply to this Court at any time for such further relief as may be appropriate to interpret, enforce, modify or terminate this Decree. Otherwise, this Decree shall terminate on December 31, 1989, or one year after Defendant completes the construction required by Section One supra, or at such time as any penalties accrued under this Decree are collected, whichever last occurs. ++EP++

Page 11

14. Severability:

The provisions of this Decree shall be severable and should any provisions be declared by a court of competent jurisdiction to be inconsistent with federal law, and therefore unenforceable, the remaining provisions of this Decree shall remain in full force and effect.

Approved and Consented to for entry:

UNITED STATES OF AMERICA

By:/s/

ROGER J. MARZULLA

Assistant Attorney General

Land and Natural Resources

Division

U.S. Department of Justice

Washington, D.C. 20530

By:/s/ David I. C. Thomson

DAVID I. C. THOMSON, Esq.

Land & Natural Resources Division

U.S. Department of Justice

Washington, D.C. 20530

JAMES J. WEST United States Attorney FOR WHISKEY RUN WATER ASSOCIATION: By:/s/ Wayne P. Samuelson WAYNE P. SAMUELSON, Esq. Assistant United States Attorney Post Office Building Third and Market Streets Lewisburg, PA 17837 Jack Baney 12,29,87 JACK BANEY, President Whiskey Run Water Association

/s/

RANDY WILLIAMSON,

Vice-President

Whiskey Run Water

Association ++EP++

Page 12

By:/s/ Thomas L. Adams

THOMAS L. ADAMS, Jr., Esq.

Assistant Administrator for

Enforcement &

Compliance Monitoring

U.S. Environmental Protection

Agency

401 M Street, S.W.

Washington, D.C. 20460

By:/s/ Bruce M. Diamond

BRUCE M. DIAMOND Regional Counsel

U.S. Environmental Protection

Agency,

Region III

841 Chestnut Building

Philadelphia, PA 19107

By:/s Jed Z. Callen

JED Z. CALLEN, Esq.

Assistant Regional Counsel

U.S. Environmental Protection

Agency

Region III

841 Chestnut Building

Philadelphia, Pennsylvania 19107

Judgment entered in accordance with the foregoing this 14th day of October, 1988.

/s/ Muir

Judge MALCOLM MUIR ++EP++

APP-A-1 IMPORTANT NOTICE

To all users of the (name of public water supply)

The drinking water provided to may present a health risk to consumers since it may contain coliform bacteria. Coliform bacteria is required to be monitored at least monthly by public water suppliers. When coliform bacteria is found in drinking water, it indicates the possible presence of other disease causing organisms. Because the source of our drinking water is not disinfected, the potential for coliform bacteria to be present is even greater. Therefore this notice is being issued to inform all users to boil all water used for drinking and cooking purposes. Boiling may be done effectively by bringing the water to a boil and holding for one (1) minute.

This advisory remains in effect until further notice. You will also be advised when boiling is no longer necessary.

Steps are being taken to install continuous disinfection equipment and to monitor the drinking water for coliform bacteria to ensure its quality and protect the health of the consumers.

If you have any questions, please call . ++EP++

CHERRY TREE BORO MUNICIPAL AUTHORITY

DOC 02 OF 02

CONSENT DECREE

03-86-C001

SDWA

OTHER

19860102

19860102

PAD028642692

CHERRY TREE BORO MUNICIPAL AUTHORITY

CHERRY TREE BORO, PA

83-812

03

CONSENT DECREE FOR U.S. V. CHERRY TREE BOROUGH MUNICIPAL AUTHORITY

Page i U.S. Department of Justice United States Attorney Western District of Pennsylvania 633 United States Post Office & Courthouse Pittsburgh, Pennsylvania 15219

March 21, 1986

Jed Z. Callen

Assistant Regional Counsel

U.S. Environmental Protection Agency

Region III

841 Chestnut Building

Philadelphia, PA 19107

Re: U.S. v. West Carroll

Civil Action No. 83-811 and

U.S. v. Cherry Treee Borough Municipal Authority Civil Action No. 83-812

Dear Jed:

Please find enclosed herewith the following:

1) A certified copy of the Cherry Tree Consent Decree,

2) A time-stamped copy of the Motion for a Hearing pursuant to Section C.1. of the Consent Decree in the West Carroll case.

Assuming Judge McCune will set a date for a hearing as requested, I will notify you upon hearing from the Court.

Sincerely,

J. ALAN JOHNSON

United States Attorney

/s/ (ILLEGIBLE)

ALBERT W. SCHOLLAERT

Assistant U.S. Attorney

Enclosures

Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Civil No. 83-812

CONSENT DECREE

UNITED STATES OF AMERICA, Plaintiff,

v.

CHERRY TREE BOROUGH MUNICIPAL AUTHORITY Defendant

Plaintiff, United States of America, on behalf of the United States Environmental Protection Agency ("EPA"), having filed a Complaint herein on April 7, 1983, alleging that defendant has violated the Safe Drinking Water Act ("SDWA"), 42 U.S.C. Section 300f et seq., and the parties by their attorneys having consented to entry of this Decree;

NOW, THEREFORE, before the taking of any testimony herein, and without trial or adjudication of any issue of fact or law herein, and upon consent of the parties, by their attorneys and authorized officials, it is

HEREBY STIPULATED AS FOLLOWS:

1. This Court has jurisdiction of the subject matter of this action pursuant to 28 U.S.C. Section 1345 and Section 1414(b) of the SDWA ++EP++ 42 U.S.C. Section 300g-3(b), and jurisdiction over the parties hereto.

Page 2

The Complaint filed herein states a claim upon which relief can be

granted against defendant.

2. The provisions of this Consent Decree shall apply to and be binding upon the parties to this action, their officers, directors, agents, servants, employees and successors or assigns. Defendant shall give notice of this Consent Decree to any successors in interest prior to transfer of ownership and shall simultaneously verify to plaintiff that defendant has given such notice.

3. Defendant Cherry Tree Borough Municipal Authority (hereinafter "Cherry Tree") is an incorporated municipal authority, doing business in the Western District of Pennsylvania.

4. Defendant operates a public water system at Cherry Tree Borough, Indiana County, Pennsylvania that provides piped water for human consumption. The water system is subject to the requirements of the SDWA and the regulations promulgated thereunder. Cherry Tree obtains its water from a surface water source. Cherry Tree is a "community water system" as defined at 40 C.F.R. Section 141.2(e)(i) and is a "supplier of water" as defined at 40 C.F.R. Section 141.2(i). Cherry Tree serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. ++EP++

Page 3

5. Defendant has delivered, and is delivering to consumers, water with turbidity levels which exceed the Maximum Contaminant Level (MCL) authorized by the National Interim Primary Drinking Water Regulations, 40 C.F.R. Section 141.13.

NOW, THEREFORE, based on the foregoing, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

SECTION ONE 1. General Compliance:

Defendant shall, commencing immediately, comply with all applicable sampling, monitoring, analytical, reporting, recordkeeping and public notification requirements of the National Interim Primary Drinking Water Regulations ("NIPDWR") at 40 C.F.R. Part 141.

2. Compliance with MCL's:

Defendant shall, commencing immediately, comply with all maximum contaminant levels of the NIPDWR, appearing at 40 C.F.R. Part 141, Subpart B, except Defendant shall comply with the maximum contaminant level for turbidity according to the schedule for compliance set out in Paragraph 3, below. ++EP++

Page 4 3. Compliance with Turbidity MCL, Schedule for Construction:

Defendant shall construct and operate, according to the following schedule and consistent with both the siting requirements specified in 40 C.F.R. Section 141.5 and the Design and Construction Standards specified at Subchapter F. of Chapter 109 of the Pennsylvania Department of Environmental Resources Safe Drinking Water Regulations (December 8, 1984), a raw water filtration facility for the Cherry Tree drinking water system which will consistently reduce turbidity in the finished water, measured at a representative entry point to the distribution system, to levels which are in compliance with the maximum contaminant level for turbidity expressed at 40 C.F.R. Section 141.13:

a) Solicit engineering design proposals By Sept. 1, 1985 b) Select Project Engineer By Oct. 1, 1985 c) Complete design; apply for all necessary State Permits By Dec. 1, 1985 d) Receive Bids By March 1, 1986 e) Award Contract By April 1, 1986 f) Commence Construction By May 1, 1986 g) Complete Construction By Nov. 1, 1986 h) Achieve compliance with turbidity MCL By Dec. 31, 1986

++EP++

Page 5 SECTION TWO 4. Stipulated Penalties for Violations of Consent Decree:

If defendant fails to comply with the requirements of Section One of this Decree, the defendant shall incur and pay to the United States within thirty (30) days of their accrual, stipulated civil penalties as follows for each day (not necessarily consecutive) of violation that occurs between the date of entry and the date of expiration of this Decree. Defendant shall not be liable for stipulated penalties for any delay caused by circumstances entirely beyond the control of defendant. Defendant shall make its written request to EPA for such a finding within the thirty days following the relevant Decree deadline.

Penalty per Day Days of Violation In Violation 1 to 5 days $50.00 5 to 10 days $100.00 More than 10 days $200.00 5. Payment Method, Dispute Resolution:

Stipulated penalties due pursuant to this Section shall be paid by certified or cashier's check made payable to "Treasurer, United States of America," and sent by Certified Mail to Albert W. Schollaert, Esq., Assistant United States Attorney, 633 U.S. Post Office and Court House, Pittsburgh, PA. 15219, with photocopy sent to Jed Z. Callen, Esq. (3RC30) USEPA III, 841 Chestnut St., Phila. PA 19107. ++EP++

Page 6

Any dispute with respect to defendant's liability for a stipulated penalty shall be resolved by this Court. Defendant may petition the Court for excuse from stipulated penalty liability on the grounds that the non-compliance was caused by circumstances entirely beyond the control of defendant, only if such a request was first made to EPA in writing within 30 days of the alleged non-compliance, and EPA rejected the request.

SECTION THREE 6. Penalties for Past Violations:

In full settlement of the Complaint of the United States in this matter, defendant agrees to pay a civil penalty in the amount of TWO THOUSAND DOLLARS ($2,000.00). Defendant shall pay such civil penalty within fifteen days of the date of entry of this Decree by a certified or cashier's check made payable to "Treasurer, United States of America," and sent by Certified Mail to Albert W. Schollaert, Esq., Assistant United States Attorney, 633 U.S. Post Office and Court House, Pittsburgh, PA. 15219, with a photocopy sent to Jed Z. Callen, Esq. (3RC30), USEPA III, 841 Chestnut St, Philadelphia, PA 19107.

SECTION FOUR 7. Responsibility to Comply:

This Consent Decree in no way affects or relieves defendant of responsibility to comply with any Federal, State or local law, regulation, permit and Judicial Order, and compliance with this Decree shall be no ++EP++ defense to any action commenced pursuant to such authorities.

Page 7

Nothing contained in this Decree shall be construed to limit the right of the United States to take additional legal or administrative action to enforce applicable Federal laws or regulations, nor shall it limit the right of the United States to bring an action regarding claims not addressed by, or arising subsequent to, entry of this

Decree.

8. Access:

Any authorized representative of the U.S. Environmental Protection Agency, upon presentation of his or her credentials, may at any time enter upon defendant's premises for the purposes of determining compliance with any of the provisions of this Decree. This provision is in addition to and not a substitute for any right of entry held by plaintiff pursuant to applicable Federal laws or regulations.

9. Progress and Noncompliance Reporting:

Defendant shall notify EPA monthly by written report to the address below, of its compliance status and progress toward each of the requirements herein, and shall specifically identify any event or occurrence which causes or may cause delay or other noncompliance in achievement of any requirement herein. Such noncompliance report shall describe, in detail:

a) the anticipated length of the noncompliance;

b) the precise cause or causes of the noncompliance;

c) the efforts taken or to be taken to prevent or minimize the noncompliance, including a timetable for such efforts; and ++EP++

Page 8

d) a description of any future deadlines which could be affected by the present or anticipated noncompliance.

Such a noncompliance report shall not excuse the obligation of Cherry Tree to comply with the requirements or timetables in this Decree, unless an extension has been requested and agreed to by Plaintiff, or granted by the Court.

Progress and Noncompliance reports required by this paragraph shall be mailed to:

Chief, Water Supply Branch (3WM43)

U.S. Environmental Protection Agency

841 Chestnut Building

Philadelphia, PA 19107

10. Notification to Public:

Within thirty (30) days of entry of this Decree, defendant shall certify to EPA at the address in paragraph 9 above that the public has been notified 1.) that defendant in the past has failed to comply with a Safe Drinking Water Act requirement by supplying to consumers water with turbidity in excess of the maximum contaminant level, and 2.) a description of how defendant will come into compliance with the maximum contaminant level for turbidity. Defendant shall certify that such written notice has been delivered to each household served by the Authority.

11. Costs of Suit:

Each party shall bear its own costs in this action. ++EP++

Page 9 12. Modifications of Decree:

Any modification of this Decree must be in writing and approved by this Court.

13. Retention of Jurisdiction:

This Court shall retain jurisdiction of this matter solely for the purpose of enabling either party to apply to this Court at any time for such further relief as may be appropriate to interpret, enforce, modify or terminate this Decree. Otherwise, this Decree shall terminate on December 31, 1987, or one year after Defendant completes the construction required by paragraph 3 supra, or at such time as any penalties accrued under this Decree are collected, whichever last occurs.

14. Severability:

The provisions of this Decree shall be severable and should any provision be declared by a court of competent jurisdiction to be inconsistent with federal law, and therefore unenforceable, the remaining provisions of this Decree shall remain in full force and effect.

Approved and Consented to for entry waiving notice:

UNITED STATES OF AMERICA

By: /s/ (ILLEGIBLE)

F. HENRY HABICHT, II

Assistant Attorney General

Land and Natural Resources Division

U.S. Department of Justice

Washington, D.C. 20530 ++EP++

By: /s/ (ILLEGIBLE)

VASIL FISANICK, Esq.

Attorney for Defendant

Fisanick, Solomon and Fisanick

111 Philadelphia Ave.

Barnsboro, PA 15714

By: /s/ (ILLEGIBLE)

Bruce M Diamond

Regional Counsel

U.S. Environmental Protection Agency, Region III

841 Chestnut St.

Philadelphia, Penna, 19107

By: /s/ (ILLEGIBLE)

BRIAN DONOHUE, Esq.

Land and Natural Resources Division

U.S. Deaprtment of Justice

Washington, D.C. 20530

J. ALAN JOHNSON

United States Attorney

Pittsburgh, Pennsylvania

By: /s/ (ILLEGIBLE)

ALBERT W. SCHOLLAERT, Esq.

Assistant United States Attorney

633 U.S. Post Office and Court House

Pittsburgh, Pa. 15219

By: /s/ (ILLEGIBLE)

COURTNEY M. PRICE

Assistant Administrator for

Enforcement and Compliance Monitoring

U.S. Environmental Protection Agency

401 M Street, S.W.

Washington, D.C. 20460

By: /s/ (ILLEGIBLE)

JED Z. CALLEN, Esq.

Assistant Regional Counsel

U.S. Environmental Protection Agency

Region III

841 Chestnut Building

Philadelphia, Pennsylvania 19107

Judgement entered in accordance with the foregoing this 2 day of Jan, 1986:

/s/ (ILLEGIBLE)

JUDGE BARRON P. McCUNE ++EP++

CHERRY TREE BORO MUNICIPAL AUTHORITY

DOC 01 OF 02

COMPLAINT

03-86-C001

SDWA

OTHER

19860102

19830407

PAD028642692

CHERRY TREE BORO MUNICIPAL AUTHORITY

CHERRY TREE BORO, PA

83-812

03

ORIGINAL COMPLAINT IN U.S. V. CHERRY TREE BOROUGH MUNICIPAL AUTHORITY

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Civil Action No. 83 812

UNITED STATES OF AMERICA, Plaintiff

v.

CHERRY TREE BOROUGH MUNICIPAL AUTHORITY

COMPLAINT

Plaintiff, the United States of America, by its undersigned attorneys, and at the request of the Regional Administrator, Region III, of the United States Environmental Protection Agency, brings this action against the above-named Defendant, and alleges:

1. This is a civil action to recover civil penalties from Defendant, Cherry Tree Borough Municipal Authority (the "Authority"), for violations of the National Interim Primary Drinking Water Regulations (the "regulations") promulgated pursuant to the Safe Drinking Water Act (the "Act"), 42 U.S.C. Section 300f et seq., which regulations have been promulgated by the Administrator of the United States Environmental Protection Agency (the "EPA") for the public health. This action also seeks to enjoin the defendant from violating the regulations.

2. This Court has jurisdiction over this action under 28 U.S.C. Sub-Section 1345 and 1355 and under Section 1414 of the Act, 42 U.S.C. Section 300g-3.

3. The Authority is an incorporated municipal authority doing business in the Western District of Pennsylvania with a last known address of Cherry Tree Borough Municipal Authority, P.O. Box 155, Cherry Tree, Pennsylvania 15724.

4. The Regional Administrator of Region III of the EPA (the "Regional Administrator") is a duly authorized representative of the EPA, with the delegated authority to act for the Administrator in enforcing the Safe Drinking Water Act, 42 U.S.C. 300f et seq. ++EP++

Page 2

5. On December 24, 1975, the EPA promulgated the regulations at 40 C.F.R. Part 141 pursuant to Section 1412 of the Act, 42 U.S.C. Section 300g-1. The EPA amended the regulations on July 9, 1976, and on August 27, 1980. The regulations specify maximum contaminant levels, monitoring and analytical requirements and reporting and record keeping requirements.

6. At all times pertinent herein the Authority has owned and operated a water system located in Cherry Tree, Pennsylvania, a public water system subject to the Act and regulations promulgated thereunder.

7. Said system is a "community water system" and a supplier of water as defined at 40 C.F.R. Section 141.2(e)(i) and serves a population of approximately 460 persons on a year-round basis.

8. Since on or about October of 1977 to the present, defendant, in the operation of its public water system a) had and has available for delivery to users of its system and b) has delivered and is delivering water with turbidity exceeding the maximum contaminant level authorized by the primary drinking water regulations, 40 C.F.R. Section 141.13.

9. Defendant's failure to comply with the national primary drinking water regulations was and is willful. This willful failure to comply with the turbidity requirement violates 42 U.S.C. Section 300g-3(b).

10. EPA has not granted the Authority a variance from the regulations pursuant to Section 1415 of the Act, 42 U.S.C. Section 300g-4.

11. EPA has not granted the Authority an exemption from the regulations pursuant to Section 1416 of the Act, 42 U.S.C. Section 300g-5.

12. The Commonwealth of Pennsylvania does not have a State safe drinking water program approved by EPA; therefore, pursuant to Section 1414(a)(2) of the Act, 42 U.S.C. Section 300g - 3(a)(2), the plaintiff may commence this action.

13. Unless relief is granted by this Court, Defendant will continue to violate the National Interim Primary Drinking Water Regulations and the Safe Drinking Water Act in the operation and ownership of the water system. ++EP++

Page 3

WHEREFORE, Plaintiff, United States of America, prays that:

a. Defendant be permanently enjoined under Section 1414 of the Safe Drinking Water Act, 42 U.S.C. Section 300g-3, and the Court's general equity power, from operating said water system except in accordance with the Safe Drinking Water Act and regulations promulgated pursuant thereto;

b. Defendant be ordered to install necessary control equipment as expeditiously as possible and take such other affirmative action that is necessary to operate the said water system in compliance with the Safe Drinking Water Act and the regulations promulgated pursuant thereto.

c. That the Court order the Defendant to pay a penalty to the plaintiff of $ 5,000 per day of violation;

d. That the Court order that the Plaintiff recover from the Defendant the cost of this action; and

e. The Court grant such other relief that the Court deems just and proper.

Respectfully submitted,

/s/ Carol E. Dinkins

Carol E. Dinkins

Assistant Attorney General

Land and Natural Resources Division

J. Alan Johnson

United States Attorney

Pittsburgh, Pennsylvania

By: /s/ Albert W Schollaert

ALBERT W. SCHOLLAERT

Assistant United States Attorney

Pittsburgh, Pennsylvania

/s/ Jed Z. Callen

Jed Z. Callen

Office of Regional Counsel

U.S. Environmental Protection Agency,

Region III

Philadelphia, Pennsylvania 19106 ++EP++

PEQUEA WATER COOP ASSOC., INC.

DOC 02 of 02

CONSENT DECREE

03-85-C010

SDWA

OTHER

19850909

19850909

PAD981038128

PEQUEA WATER COOP ASSOC., INC.

LANCASTER CO., PA

84-6374

03

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff,

vs.

PEQUEA WATER COOPERATIVE ASSOCIATION, INC. Defendant.

Civil No. 84-6374

CONSENT DECREE

And now this 9th day of September, 1985, the Court issues the following Order:

Plaintiff, United States of America, on behalf of the United States Environmental Protection Agency ("EPA"), having filed a Complaint herein on December 28, 1984 alleging that defendant had violated the safe Drinking Water Act ("SDWA"), 42 U.S.C. Section 300f et seq., and the parties by their attorneys having consented to entry of this Decree;

NOW, THEREFORE, before the taking of any testimony herein, and without trial or adjudication of any issue of fact or law herein, and upon consent of the parties, by their attorneys and authorized officials, it is

HEREBY STIPULATED AS FOLLOWS:

1. This Court has jurisdiction of the subject matter of this action pursuant to 28 U.S.C. Section 1345 and Section 1414(b) of the Safe Drinking Water Act, 42 U.S.C. Section 300g-3(b), and jurisdiction over the parties hereto. The Complaint filed herein states a claim upon which relief can be granted against defendant. ++EP++

Page 2

2. The provisions of this Consent Decree shall apply to and be binding upon the parties to this action, their officers, directors, agents, servants, employees and successors or assigns. Defendant shall give notice of this Consent Decree to any successors in interest prior to transfer of ownership and shall simultaneously verify to plaintiff that defendant has given such notice.

3. Defendant Pequea Water Cooperative Association, Inc. (hereinafter "Pequea") is an entity incorporated under the laws of the State of Pennsylvania. Pequea owns and operates a water supply system in Lancaster County, Pennsylvania.

4. Defendant operates a public water system at Pequea Pennsylvania that provides piped water for human consumption. The water system is subject to the requirements of the SDWA and the regulations promulgated thereunder. Pequea obtains its water from a ground water source. Pequea is a "community water system" and is a supplier of water as defined at 40 C.F.R. Section 141.2(e)(i). Pequea serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

5. Defendant is required by the National Interim Primary Drinking Water Regulations (40 C.F.R. Part 141) (hereinafter "the regulations") to conduct microbiological sampling and analysis at least once per month to determine levels of coliform bacteria in the water supplied by Pequea. ++EP++

40 C.F.R.Section141.21(b). Since January, 1980, defendant has failed to conduct such monthly samplings on at least 17 occasions

Page 3

These failures violated 40 C.F.R. Section 141.21(b).

6. Defendant is required by regulation, 40 C.F.R. Section 141.14, to provide water which does not exceed the maximum contaminant level ("MCL") for microbiological contaminants (coliform bacteria). Since January, 1980, defendant has exceeded the MCL for coliform bacteria on at least 27 occasions. Each occasion constitutes a violation of 40 C. F.R. Section 141.14.

7. Defendant is required by the regulations, 40 C.F.R. Section141.31(a), to report to EPA the results of sample analyses within the first ten days following the month in which test results of water samples taken by Defendant on numerous occasions since January, 1980, thus violating 40 C.F.R. Section 141.31(a).

8. Defendant was on numerous occasions since 1980 notified in writing by EPA of the sampling, reporting and public notification requirements described in paragraphs 5 and 7 above. Such notice establishes that defendant's violations described above were willful and entitle plaintiff to the relief set forth in this Decree.

9. Defendant has taken steps to comply with the requirements of the SDWA and the regulations promulgated thereunder. Defendant has recently conducted microbiological ++EP++

monitoring and have commenced timely reporting of test results to EPA as required by 40 C.F.R. Section 141.21(b).

Page 4

However defendant is still in violation of the 40 C.F.R. Section 141.14 MCL for coliform bacteria.

NOW, THEREFORE, based on the foregoing, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

SECTION ONE Immediate Relief

1. Defendant shall construct and operate at its own expense, according to the schedules below, an interim and a permanent disinfection system which will consistently reduce the levels of coliform bacteria throughout the distribution system to levels which are in compliance with the maximum contaminant level for coliform bacteria at 40 C.F.R. Section 141.14.

A. Interim Measures a. Complete design Immediately b. Commence construction By Feb. 15, 1985 c. Complete construction By March 15, 1985 d. Achieve Compliance with

coliform bacteria

MCL By April 1, 1985

e. Monitor chlorine residual

daily at the source and at

a far point in the system After April 1, 1985

B. Permanent Measures a. Complete installation of new service main from source to

village By July 1, 1985

b. Disinfect the new line using the procedure addressed in "AWWA Standard for Disinfect- ing Water Mains" By July 3, 1985 ++EP++ Page 5 C. Complete design of permanent disinfection system (e.g. propor- tional feed chlorination system) and submit design to EPA for approval By April 1, 1985 d. Commence construction of approved design By June 1, 1985 e. Complete construction of approved design By Aug. 1, 1985 f. Maintain a free chlorine residual of at least 0.2 mg/1 at all times in all parts of the distribution system By Aug. 1, 1985

The permanent disinfection system shall be designed and constructed in compliance with Pennsylvania DER Safe Drinking Water Regulations, Chapter 109, effective December 8, 1984. A log of daily C12 residual levels shall be maintained for inspection.

2. Defendant shall take any and all steps necessary to assure that its water source is not contaminated by human or animal fecal matter, including, if necessary, taking appropriate legal action to prevent such contamination. To this end, defendant shall cooperate at all times in the future with the Pennsylvania Department of Environmental Resources to conduct a dye test or tests of the septic system up-gradient of the spring house, and shall take timely and appropriate action if such test indicates that contamination from the septic system is entering the water source. Appropriate actions shall include (but not be limited to) legal action to prohibit, restrain or control the use of the septic system, or to alter or relocate it, or to replace the water source with an alternate and disinfected source such as a well. ++EP++

Page 6

3. Within thirty days of entry of this Decree, defendant shall comply with the provisions of 40 C.F.R.Sub-Section141.21(a) and (b) by collecting at least one sample per month to determine the level of microbiological contamination in the system. Such monthly sample shall be collected by no later than the 15th day of each calendar month. Compliance with the maximum microbiological contaminant level shall be based upon sampling during each one-month period, and shall be determined according to either the membrane filter technique or the fermentation tube method specified in 40 C.F.R.Section141.21(a). If such analysis shows the presence of coliform bacteria in amounts exceeding those allowed by 40 C.F.R.Section141.14(a) and (b), defendant shall collect and analyze the additional check samples required by 40 C.F.R.Sub-Section141.21(d) (1)-(4).

4. On or before June 24, 1985, defendant shall comply with the provisions of 40 C.F.R.Section141.23(a) by conducting an analysis as specified by 40 C.F.R.Section141.23(f) to determine levels of the inorganic chemical contaminants listed in 40 C.F.R.Section141.11(b) in the water provided by the Pequea system. If the level of any inorganic chemical listed inSection141.11(b) is found to exceed the maximum contaminant level established by that section, defendant shall in addition collect one water sample per week for each of the first three weeks following the date that defendant became aware of such a finding, and ++EP++

defendant shall conduct an inorganic chemical analysis of each water sample collected.

Page 7

These additional water samples shall be collected at the same point as the first sample which indicated an inorganic chemical level in excess of the allowable levels for inorganic chemicals.

5. Should samples taken pursuant to paragraphs 3 or 4 above show violation of any of the maximum contaminant levels for parameters listed in 40 C.F.R. Section 141, Subpart B, the defendant shall take any and all steps necessary to reduce the contaminant to allowable levels. Appropriate steps shall include (but not be limited to) installation of treatment facilities specific for that contaminant or replacement of the water source with an alternate uncontaminated and disinfected source such as a well. Any treatment system installed shall be designed and constructed in compliance with Pennsylvania DER regulations.

6. Defendant shall notify EPA within 24 hours of the time it becomes aware of test results from any sampling conducted pursuant to paragraph 3 above that indicates a violation of the 40 C.F.R. Section 141.14 maximum contaminant level for microbiological contaminants. Defendant shall also notify EPA within 24 hours of the time they become aware that the samples taken pursuant to paragraph 4 above show a violation of any of the maximum contaminant levels for inorganic chemicals listed in 40 C.F.R.Section141.11(b). Notification shall be by telephone to the EPA Regional office in Philadelphia, Pennsylvania at (215) 597-9032. ++EP++

This telephone notice shall be followed by written notice to EPA, at the address listed in paragraph 9 below, postmarked within 48 hours of the time that defendant learns of such violation of allowable levels for microbiological or inorganic chemical contaminants.

Page 8

7. Defendant shall notify EPA in writing of any failure to conduct the sampling or analysis required by paragraphs 3 and 4 above. Such notice shall be sent to the address listed in paragraph 9 below, and postmarked not later than 48 hours after the time such sampling or analysis was required pursuant to this Decree.

8. In the event that 1) the tests conducted pursuant to paragraph 3 above indicate a violation for any one month period of the 40 C.F.R. Section141.14 maximum contaminant level for microbiological contamination, 2) the average of the four tests required by paragraph 4 above demonstrate a violation of any 40 C.F.R.Section141.11(b) maximum contaminant level for inorganic chemicals, or 3) defendant fails to conduct any of the tests required by paragraphs 3 and 4 above by the times required by this Decree, defendant shall notify in writing all of the households served by the Pequea system of such violations in accordance with the public notification provisions of 40 C.F.R. Section141.32(a) and (b). Defendant shall submit a EPA a representative copy of each such public notification, in a letter postmarked within five days of the completion of such public notice, mailed to the address listed in paragraph 9 below. ++EP++

Page 9

9. Within 30 days of the date of entry of this Decree, the defendant shall certify to EPA that the public has been notified 1) that defendant in the past has not complied with Safe Drinking Water Act requirements to sample and test the water supplied by the Pequea system for levels of bacterial contaminants, and 2) that defendant will henceforth comply with these SDWA requirements. The notice shall also include the statement regarding public availability of records as specified in paragraph 10 below. Defendant shall certify that such written notice has been delivered to each household served by the Pequea system. Such certification shall be made to the following address.

Chief, Water Supply Branch

(3WM41)

U.S. Environmental Protection Agency

841 Chestnut Street

Philadelphia, PA 19107

10. Defendant shall comply with the record maintenance provisions of 40 C.F.R. Section 141.33. Defendant shall include in the public notice required by paragraph 9 above a statement indicating that the records of required testing for coliform bacteria and inorganic chemicals, and the other records described by 40 C.F.R. Section 141.33, will be retained and made available for public inspection. The notice required by paragraph 9 above shall also provide the name, address, and telephone number of the custodian of such records.

11. Any authorized representative of the U.S. Environmental Protection Agency, and D.E.R. upon presentation of his or her credentials, may at any time enter upon the ++EP++

property of the Pequea Water Cooperative Association, Inc. for the purpose of determining compliance with the sampling, testing, reporting, public notification and recordkeeping provisions of this Decree.

Page 10 SECTION TWO

Stipulated Penalties for Violations of Consent Decree

1. If defendant fails to comply with the requirements of Section One of this Decree, upon written demand of the United States, the defendant shall incur and pay to the United States within ten (10) days of the demand, stipulated civil penalties as follows for each day (not necessarily consecutive) of violation that occurs between the date of entry and the date of expiration of the Decree:

Penalty per Day

Days of Violation of Violation For the first 5 days $150.00 For the next 5 days $250.00 For each day thereafter $500.00

2. Stipulated penalties due pursuant to this Section shall be paid by cashier's check made payable to the "U.S. Department of Justice." and delivered to the United States Attorney's Office, 3310 U.S. Courthouse, 601 Market St., Philadelphia, PA 19106.

3. Any dispute with respect to defendant's liability for a stipulated penalty shall be resolved by this Court. ++EP++

Page 11

4. The provisions of this Section shall not be construed to limit any other remedies, including but not limited to an action to require compliance with the terms of this Decree or with the requirements of the Safe Drinking Water Act or the regulations promulgated thereunder, available to plaintiff for violations of this Decree or any other provisions of law. This Section shall not limit the right of the United States to take whatever steps it deems necessary, including imposition of civil penalties, for any noncompliance with the maximum contaminant levels set forth in Subpart B of 40 C.F.R. Part 141.

SECTION THREE Penalty for Past Violations

In full settlement of the Complaint of the United States in this matter, defendant agrees to pay a civil penalty in the amount of $500. to be paid by December 31, 1985. Defendant shall pay such civil penalty by a certified cashier's check made payable to the "U.S. Department of Justice," and delivered to the United States Attorney's Office, 3310 U.S. Courthouse, 601 Market St., Philadelphia, Pennsylvania 19106.

SECTION FOUR General Provisions

1. All copies of microbiological and inorganic chemical test results, reports, and notifications submitted by ++EP++

Defendant to EPA as required by Section One of this Decree shall be subject to public inspection and shall not be treated by EPA as confidential.

Page 12

2. This Consent Decree in no way affects or relieves defendant of any responsibility to comply with any other Federal, State or local law or regulation.

3. Any modification of this Consent Decree must be in writing, agreed to by the parties and approved by this Court.

4. This Court shall retain jurisdiction of this cause for one year after entry of this Decree solely for the purpose of enabling any party to apply to the Court at any time for such further relief as may be appropriate to interpret, enforce, modify or terminate the Decree.

5. It is further ordered that each party shall bear its own costs in this litigation, including attorney's fees.

STIPULATED, AGREED and APPROVED for entry waiving notice.

PEQUEA WATER COOPERATIVE

ASSOCIATION, INC.

By: /s/ Ronald Strauss

Ronald Strauss

President

UNITED STATES OF AMERICA

By: /s/

F. Henry Habicht, II

Assistant Attorney General

Land and Natural Resources Division

U.S. Department of Justice ++EP++

Page 13

/s/

John Metzger

Attorney of Defendant

/s/ Courtney M. Price

COURTNEY M. PRICE

Assistant Administrator for

Enforcement and Compliance

Monitoring

U.S. Environmental Protection

Agency

Washington, D.C. 20460

/s/ Edward S.G. Dennis, Jr

Edward S. G. Dennis, Jr.

United States Attorney

Eastern District of Pennsylvania

/s/ Michael L. Martinez

Michael L. Martinez

Assistant United States Attorney

Eastern District of Pennsylvania

/s/ Jed Z. Callen

Jed Z. Callen

Assistant Regional Counsel

U.S. Environmental Protection

Agency, Region III

841 Chestnut St.

Philadelphia, Pennsylvania 19107

Approved by the Court: /s/

Daniel H. Huyett, J.

Dated: 9/9/85 ++EP++

PEQUEA WATER COOP ASSOC., INC.

DOC 01 OF 02

Complaint

03-85-C010

SDWA

OTHER

19850909

19841228

PAD981038128

PEQUEA WATER COOP ASSOC., INC.

LANCASTER CO., PA

84-6374

03

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff,

v.

PEQUEA WATER COOPERATIVE ASSOCIATION, INC., Defendant.

CIVIL ACTION NO. 84-6374

COMPLAINT

The United States of America, by its undersigned attorneys, and by the authority of the Attorney General, and at the request and on behalf of the Administrator of the United States Environmental Protection Agency (hereinafter "EPA") alleges as follows:

1. This is a civil action brought pursuant to 42 U.S.C. Section 300g-3(b) to enforce the provisions of the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq., and implementing regulations, 40 C.F.B Part 141, seeking an injunction requiring Defendant to comply with the Safe Drinking Water Act and its implementing regulations, and for civil penalties for violations of the Safe Drinking Water Act and its implementing regulations.

2. The Court has subject matter jurisdiction pursuant to 28 U.S.C. Sub-Section 1331, 1345, 1355 and 42 U.S.C.300g-3(b).

3. Venue is proper in this district pursuant to 28 U.S.C. Sub-Section 1391(b) and 1395(a). ++EP++

Page 2

4. EPA has not delegated to the Commonwealth of Pennsylvania its primary authority for enforcement under the Safe Drinking Water Act as contemplated by 42 U.S.C. Section 300g-2.

5. Administration and enforcement of the Safe Drinking Water Act in the Commonwealth of Pennsylvania is the responsibility of the EPA pursuant to 42 U.S.C. Section 300g-3.

6. Defendant, Pequea Water Cooperative Association, Inc., is a non-profit corporation organized under the laws of the Commonwealth of Pennsylvania.

7. Defendant, Pequea Water Cooperative Association, Inc., is the owner of a water system located in Lancaster County, Pennsylvania, which regularly provides piped water for human consumption for more than twenty-five (25) individuals on a year-round basis through more than fifteen service connections.

8. 42 U.S.C. Section 300g-1 requires the Administrator of EPA to promulgate national interim primary drinking water regulations for the protection of public health.

9. On December 24, 1975 and July 9, 1976 the Administrator of EPA promulgated national interim primary drinking water regulations (hereinafter "regulations") for the protection of public health at 40 Fed. Reg. 59,570 and 41 Fed. Reg. 28,404, now codified at 40 C.F.R. Part 141.

10. Pursuant to 42 U.S.C. Section 300g-3(b), the Administrator of EPA may bring a civil action to require compliance with the ++EP++

regulations (40 C.F.R. Part 141) and to seek civil penalties for willful violations of such regulations.

Page 3

11. At all times relevant hereto, the Defendant owned and operated a "public water system" as defined by 42 U.S.C. Section 300f(4) and 40 C.F.R. Section 141.2(e) and a "community water system" as defined by 40 C.F.R. Section 141.2(e)(i).

12. The Defendant is a "supplier of water" as defined by 42 U.S.C. Section 300f(5) and 40 C.F.R. Section 121.2(i).

13. The water system supplied by the Defendant utilizes a groundwater source.

14. EPA has not granted the Defendant a variance pursuant to 42 U. S.C. Section 300g-4.

15. EPA has not granted the Defendant an exemption pursuant to 42 U.S.C. Section 300g-5.

16. EPA has notified the Defendant of its failure to comply with the regulations as promulgated in 40 C.F.R. Part 141 on numerous occasions.

FIRST CLAIM FOR RELIEF

17. Paragraphs 1-16 are incorporated herein by reference.

18. The regulations, 40 C.F.R.Section141.21(b), require a supplier of water for community water systems serving populations of 25-1000 persons to sample and analyze for microbiological contaminants (coliform bacteria) at least once per month. ++EP++

Page 4

19. Since January 1980, Defendant has failed to conduct such sampling or analysis on at least seventeen (17) occasions, thereby violating the requirements of 40 C.F.R.Section141.21(b).

20. Defendant's failure to perform the monthly sampling and analysis for microbiological contaminants was and is willful.

SECOND CLAIM FOR RELIEF

21. Paragraphs 1-16 are incorporated herein by reference.

22. The regulations, 40 C.F.R. Section 141.14, establish "maximum contaminant levels" ("MCL") for microbiological contaminants (coliform bacteria) for community water systems.

23. Since January 1980, Defendant has exceeded the MCL for coliform bacteria on at least twenty-seven (27) occasions, thereby violating 40 C.F.R. Section 141.14.

24. Defendant's failure to comply with the MCL requirements of 40 C.F.R. Section 141.14 was and is willful.

THIRD CLAIM FOR RELIEF

25. Paragraphs 1-16 are incorporated herein by reference.

26. The regulations, 40 C.F.R. Section 141.23, require suppliers of water for community water systems serving populations of 25-1000 persons to sample and analyze for inorganic chemicals.

27. The regulations, 40 C.F.R. Section 141.11 establish "maximum contaminant levels" ("MCL") for inorganic chemicals (including nitrates) for community water systems.

28. In May 1982 and July 1984, Defendant exceeded the MCL for the inorganic chemical nitrate, thereby violating 40 C.F.R. Section 141.11. ++EP++

Page 5

29. Defendant's failure to comply with the MCL requirements of 40 C.F.R. Section 141.11 was and is willful.

FOURTH CLAIM FOR RELIEF

30. Paragraphs 1-16 are incorporated herein by reference.

31. The regulations, 40 C.F.R. Section 141.26, require suppliers of water for community water systems serving populations of 25-1000 persons to monitor for radionuclides every four years.

32. Defendant failed to conduct such monitoring for the year preceding June 1980, thereby violating the requirements of 40 C.F.R. Section 141.26.

33. Defendant's failure to perform monitoring for radionuclides for the year preceeding June 1980 was and is willful.

FIFTH CLAIM FOR RELIEF

34. Paragraphs 1-16 are incorporated herein by reference.

35. The regulations, 40 C.F.R. Section 141.31(a), require suppliers of water to report the results of monitoring and sample analysis within the first ten days following the end of the required monitoring period.

36. Since January 1980, Defendant has failed to report the results of such sampling and analysis on numerous occassions, thereby violating 40 C.F.R. Section 141.31(a).

37. Defendant's failure to comply with the requirements of 40 C.F. R. Section 141.31(a) was and is willful. ++EP++

Page 6 SIXTH CLAIM FOR RELIEF

38. Paragraphs 1-20 and 30-33 are incorporated herein by reference.

39. The regulations, 40 C.F.R. Section 141.31(b), require the suppliers of water to report any failure to perform the sampling and analysis or monitoring required by the regulations within 48 hours.

40. Defendant failed to notify the EPA within 48 hours of their failure to comply with the sampling and analysis or monitoring requirements as aforesaid, thereby violating 40 C.F.R. Section 141.31( b).

41. Defendant's failure to comply with the requirements of 40 C.F. R. Section 141.31(b) was and is willful.

SEVENTH CLAIM FOR RELIEF

42. Paragraphs 1-41 are incorporated herein by reference.

43. The regulations, 40 C.F.R. Section 141.32, require suppliers of water of a community water system to give public notification of any failure to comply with the provisions of 40 C.F.R. Sub-Section 141.21 (sampling), 40 C.F.R. Section 141.26 (monitoring), 40 C.F.R. Sub-Section 141.14, 141.11 (excedances of MCL) and 40 C.F.R. Section 141.31 (reporting requirements).

44. Defendant has failed to provide public notification of violations of the Safe Drinking Water Act on numerous occasions, thereby violating 40 C.F.R. Section 141.32. ++EP++

Page 7

45. Defendant's failure to comply with 40 C.F.R. Section 141.32 was and is willful.

EIGHTH CLAIM FOR RELIEF

46. Paragraphs 1-45 are incorporated herein by reference.

47. The regulations, 40 C.F.R. Section 141.33, require an owner or operator of a public water system to maintain records of bacteriological and chemical analysis.

48. Defendant has failed to maintain such records, thereby violating 40 C.F.R. Section 141.33.

49. Defendant's failure to comply with 40 C.F.R. Section 141.33 was and is willful.

WHEREFORE, Plaintiff prays that the Court:

1. Preliminarily and permanently enjoin the Defendant forthwith to comply with the

(a) Sampling, analytical and monitoring requirements of 40 C.F.R. Sub-Section 141.21, 141.23 and 141.26, respectively.

(b) Maximum contaminant level requirements of 40 C.F.R. Sub-Section 141.14 and 141.11.

(c) Reporting requirements of 40 C.F.R. Section 141.31.

(d) Public notification requirements of 40 C.F.R. Section 141.32.

(e) Record maintenance requirements of 40 C.F.R. Section 141.33.

2. Order the Defendant to implement measures to eliminate permanently the violations.

3. Impose a civil penalty up to $5,000 for each day for each and every violation of the requirements of 40 C.F.R. Part 141. ++EP++

Page 8

4. Order that the Plaintiff recover from the Defendant the costs of this action.

5. Grant such other relief as it may deem necessary and just.

Respectfully submitted,

/s/

F. HENRY HABICHT II

Assistant Attorney General

Land and Natural Resources

Division

Edward S. G. Dennis, Jr.

United States Attorney

/s/ Michael L. Martinez

Michael Martinez

Assistant United States Attorney

3310 U.S. Courthouse

601 Market Street

Independence Mall West

Philadelphia, Pennsylvania 19106

/s/ B Donohue

Brian Donohue, Attorney

Environmental Enforcement Section

U.S. Department of Justice

10th & Pennsylvania Ave., N.W.

Room 1262

Washington, D.C. 20530

(202) 633-1157

/s/ Jed Z. Callen

Jed Z. Callen

Assistant Regional Counsel

U.S. Environmental Protection

Agency

Region III

6th and Walnut Streets

Philadelphia, PA 19106 ++EP++

WEST CARROLL, PA

DOC 03 OF 03

CONSENT DECREE

03-85-C005

SDWA

OTHER

19850327

Undated

PAD052385234

WEST CARROLL TWP

WEST CARROLL, PA

83-811

03

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff

v.

WATER AND SEWER AUTHORITY OF THE TOWNSHIP OF WEST CARROLL, Defendant

CIVIL ACTION NO. 83-811

CONSENT DECREE

Plaintiff, United States of America, on behalf of the United States Environmental Protection Agency ("EPA"), having filed a complaint herein on April 7, 1983 alleging that defendant has violated the Safe Drinking Water Act ("SDWA"), 42 U.S.C. Section 300f et seq., and the parties by their attorneys having consented to entry of this Decree;

NOW, THEREFORE, before the taking or any testimony herein, and without trial or adjudication of any issue of fact or lay herein, and upon consent of the parties by their attorneys and authorized officials in the belief that it is in the public interest to so resolve this action, it is HEREBY ORDERED AND DECREED AS FOLLOWS:

1. This Final Consent Decree incorporates by reference the Partial Consent Decree entered in this matter on March 27, 1985. Whenever the explicit terms of this Final Decree revoke, contradict or are otherwise inconsistent with the explicit terms of the Partial Decree, the explicit language ++EP++ of this Final Decree shall prevail.

Page 2

2. Paragraph 5 on page 2 of the Partial Decree is hereby revoked, and replaced by the following new language: The Parties agree that this Final Decree constitutes complete settlement of the civil claims identified in the Complaint in this action, including any civil penalty liability for such noncompliance up to the date of entry of this Final Decree.

3. The construction and compliance deadlines for the Bakerton system at Sections B.2.B.5. and 6. on page 5 of the Partial Decree are explicitly revoked and replaced with the following:

5). Complete Construction by February 1, 1987 6). Achieve Compliance with the national primary drinking water regulation for turbidity by March 1, 1987

4. The "Civil Penalty for Past Violations" provision of Section C.1on page 6 of the Decree is explicity revoked, and the following new language shall control in its place:

Within thirty (30) days after the date of entry of this Decree, the Defendant shall make payment in the amount of $1,000 in settlement of the past violations of the Safe Drinking Water Act as alleged in the complaint and of the construction and compliance deadlines for the Bakerton system which existed in the Partial Decree in this action. The payment shall be sent to the United States Attorney ++EP++

for the Western District of Pennsylvania, 633 U.S. Post Office and Courthouse, Pittsburgh, PA 15219, and shall be in the form of a certified or cashier's check in the above amount made payable to the Treasurer of the United States, and indicating on its face the caption and Civil Action Number of this action.

Page 3

In addition, a photocopy of the check and cover letter shall be simultaneously sent to Jed Z. Callen, Esq., Office of Regional Counsel, USEPA III, 841 Chestnut Street, Philadelphia, PA 19107. This payment shall not be deductable for income tax purposes.

5. Section D.4 on page 7 of the Partial Decree is explicity revoked, and the following language shall control in its place:

This Decree shall terminate upon plaintiff's notification to the Court in writing that defendant has complied with all of the terms and conditions of this Decree, including but not limited to the payment of the $ 1,000 settlement amount and the achievement of compliance at both the St. Benedict and Bakerton systems with the turbidity standard contained in the national primary drinking water regulations. Should defendant believe that it has achieved, and demonstrated to EPA, full compliance with the terms of this Decree, and that EPA has failed or refused to so notify the Court, defendant may file a motion with the Court for termination of the Decree. In such a situation, the Court shall give EPA an opportunity to respond in writing to the motion, and should EPA in its response object to Decree ++EP++

termination, the Court shall resolve the issue on the motions, or after a hearing, as it sees fit.

Page 4

Nothing in the foregoing shall deprive the Court of jurisdiction over this case for as long as is necessary to resolve any motions for additional relief or penalties which plaintiff may file pursuant to Partial Decree Section C.2. during the life of the Decree.

Entered this day of , 198 .

JUDGE BARRON P. McCUNE

UNITED STATES DISTRICT JUDGE

Agreed and approved for entry waiving notice.

FOR UNITED STATES OF AMERICA

J. ALAN JOHNSON

UNITED STATES ATTORNEY

Pittsburgh, Pennsylvania

By:

ALBERT W. SCHOLLAERT

Assistant United States Attorney

Pittsburgh, Pennsylvania

FOR WATER AND SEWER AUTHORITY OF TOWNSHIP OF WEST CARROLL:

/S/ Marion Grazier

MARION GRAZIER

President,

Water and Sewer Authority of the Township of West Carroll ++EP++

Page 5

F. HENRY HABICHT, II

Assistant Attorney General

U.S. Department of Justice

Land and Natural Resources Division

/s/ Thos. L. Adam

THOMAS L. ADAMS

Assistant Administrator

Office of Enforcement and Compliance

Monitoring

U.S. Environmental Protection Agency

401 M Street, S.W.

Washington, DC 20460

/s/ Edith M. James

EDITH JAMES

Secretary, Water and Sewer

Authority of the Township of

West Carroll

/s/

THOMAS J. SIBERT

Attorney for Water and Sewer

Authority of the Township of

West Carroll

129 South Center Street

Ebensburg, PA 15931

/s/

BRUCE M. DIAMOND

Regional Counsel

U.S. Environment Protection

Agency,

Region III

841 Chestnut Street

Philadelphia, PA 19107

WEST CARROLL, PA

Doc 02 of 03

PARTIAL CONSENT DECREE

03-85-C005

SDWA

OTHER

19850327

19850327

PAD052385234

WEST CARROLL TWP

WEST CARROLL, PA

83-811

03

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff,

vs.

WATER AND SEWER AUTHORITY OF THE TOWNSHIP OF WEST CARROLL, Defendant.

Civil No. 83-811

PARTIAL CONSENT DECREE

Plaintiff, United States of America, on behalf of the United States Environmental Protection Agency ("EPA"), having filed a Complaint herein on April 7, 1983 alleging that defendant has violated the Safe Drinking Water Act ("SDWA"), 42 U.S.C. Section 300f et seq., and the parties by their attorneys having consented to entry of this Decree;

NOW, THEREFORE, before the taking of any testimony herein, and without trial or adjudication of any issue of fact or law herein, and upon consent of the parties by their attorneys and authorized officials, it is

HEREBY STIPULATED AS FOLLOWS:

1. This Court has jurisdiction of the subject matter of this action pursuant to 28 U.S.C. Section 1345 and Section 1414(b) of the Safe Drinking Water Act, 42 U.S.C. Section 300g-3(b), and jurisdiction over the parties hereto. The complaint filed herein states a claim upon which relief can be granted against defendants. ++EP++

Page 2

2. The provisions of this Consent Decree shall apply to and be binding upon the parties to this action, their officiers, directors, agents, servants, employees and successors or assigns. Defendants shall give notice of this Consent Decree to any successors in interest prior to transfer of ownership and shall simultaneously verity to plaintiff that defendants have given such notice.

3. Defendant Water and Sewage Authority of the Township of West Carroll (hereafter "Authority") is an incorporated municipal authority operating in the Township of West Carroll at a mailing address of Box 27, Elmora, Penna. 15737.

4. Defendant operates a public water system in Bakerton, Pennsylvania ("Bakerton") and a public water system in St. Benedict, Pennsylvania ("St. Benedict") that each provide piped water for human consumption. The water systems are subject to the requirements of the SDWA and the regulations promulgated thereunder. Both the Bakerton and St. Benedict systems are "community water systems" and are suppliers of water as defined at 40 C.F.R. Section 141.2(e)(i). Both systems serve at least 15 service connections used by year-round residents or regularly serve at least 25 year-round residents.

5. The Parties agree that this Decree constitutes a settlement only of the injunctive relief requested by the Complaint in this action and reserves for later Judicial determination the issue of an appropriate civil penalty as provided for in Section 1414(b) of the Act. ++EP++

Page 3

NOW, THEREFORE it is hereby ORDERED, ADJUDGED AND DECREED, as follows:

SECTION A. Compliance Measures

1. Defendant shall, commencing immediately, comply with all sampling, analysis, reporting, public notification and record keeping requirements of 40 CFR Sub-Section 141.22, 141.31, 141.32, and 141.33.

2. Defendant shall achieve and thereafter maintain compliance with the maximum contaminant levels for turbidity at 40 C.F.R. Section 141.13 by the deadlines for achieving compliance set in Section B hereof.

3. Within 30 days of the date of entry of this Decree, the defendants shall certify to EPA that the public has been notified 1) that defendants in the past have failed to comply with Safe Drinking Water Act requirements to sample and test for turbidity the water supplied to users, and have supplied water that has violated the maximum contaminant level for turbidity, and 2) a description of how defendants will henceforth comply with these SDWA requirements. The notice shall also include the statement regarding public availability of records as specified in paragraph 4 below of this Section. Defendants shall certify that such written notice has been delivered to each household served by the Authority, to at ++EP++

least one principal radio station and one principal television station serving the West Carroll Township area, and that such notice has been published for at least three consecutive days in a newspaper or newspapers of general circulation serving the area.

Page 4

Such certification shall be made to the following address:

Chief, Water Supply Branch (3WM40)

U.S. Environmental Protection Agency,

Region III

6th and Walnut Sts.

Phila, Pa. 19106

4. Defendants shall comply with the record maintenance provisions of 40 C.F.R. Section 141.33. Defendants shall include in the public notice required by paragraph 3 above of this Section a statement indicating that the records of required testing for turbidity, and the other records described by 40 C.F.R. Section 141.33, will be retained and made available for public inspection. The notice required by paragraph 2 above of this Section shall also provide the name, address, and telephone number of the custodian of such records.

5. Any authorized representative of the U.S. Environmental Protection Agency, upon presentation of his credentials, may at any time enter upon premises of the Authority for the purpose of determining compliance with this Decree, including the sampling, testing, reporting, public notification and recordkeeping provisions of this Decree. ++EP++

Page 5 SECTION B. Construction Schedules

1. Defendant shall construct and operate at its own expense and according to the following schedule, raw water filtration facilities at the Bakerton and St. Benedict sites, which facilities will consistently reduce turbidity in the finished water, measured at a representative entry point to the distribution system, to levels which comply with the legal standards expressed at 40 CFR Sub-Section 141.13 and 141.22.

2. Defendant shall construct and operate consistent with the following schedules of compliance:

A.) St. Benedict:

1) Complete Design By May 1, 1985 2) Receive Bids By July 1, 1985 3) Award Contract By August 1, 1985 4) Commence Construction By September 1, 1985 5) Complete Construction By September 1, 1986 6) Achieve Compliance with turbidity standard By October 1, 1986

B.) Bakerton:

1) Complete Design By May 1, 1985 2) Receive Bids By July 1, 1985 3) Award Contract By August 1, 1985 4) Commence Construction By September 1, 1985 5) Complete Construction By September 1, 1986 6) Achieve Compliance with turbidity standard By October 1, 1986 ++EP++ Page 6 SECTION C. CIVIL PENALTIES

1. Civil Penalty for Past Violations:

The amount of civil penalty, if any, to be imposed pursuant to Section 1414(b) of the Act for past violations of the Act and regulations shall be reserved for later resolution by this Court. Plaintiff shall have the right at its discretion to petition the Court for a hearing on the amount of civil penalty appropriate in this case.

2. Penalties for Violations of Consent Decree:

Plaintiff shall have the right, at its discretion, to petition this Court for additional relief, including penalties, for future violations of the provisions of this Decree, specifically including the requirement to maintain compliance with the turbidity MCL at Section A. 2. and the deadlines in Section B. Plaintiff shall not request penalties for violations or delays in meeting deadline dates if such violations or delays are caused by circumstances entirely beyond the control of defendant. Plaintiff's demand(s) for penalties (or other relief) for Decree violations shall be entirely independent of plaintiff's petition, if any, for penalties for past violations made pursuant to Section C.1. hereof. ++EP++

Page 7 SECTION D. General Provisions

1. All copies of test results, reports, and notifications submitted by defendants to EPA as required by Section A of this Decree shall be subject to public inspection and shall not be treated by EPA as confidential.

2. This Consent Decree in no way affects or relieves defendants of responsibility to comply with all Federal, State or local laws or regulations.

3. Any modification of this Consent Decree must be in writing and approved by this Court.

4. This Decree shall terminate on October 1, 1987, or one year after the last completed water filtration facility becomes operational, whichever last occurs, except that this Court shall retain jurisdiction of this case for as long as necessary for the purpose of resolving issues that were timely raised under Section C hereof.

5. It is further ordered that each party shall bear its own costs in this litigation, including attorney's fees, incurred as of the date of entry of this Decree. Entered this 27 day of March, 1985

United States District Judge ++EP++

Page 8

STIPULATED, AGREED AND APPROVED for entry waiving notice.

WATER AND SEWAGE AUTHORITY OF THE TOWNSHIP OF WEST CARROLL

By: /s/

President

By: /s/Thomas J. Sibert

Thomas J. Sibert

Attorney for Defendant

UNITED STATES OF AMERICA

By: /s/

F. Henry Habicht, II

Assistant Attorney General

Land and Natural Resources Division

U.S. Department of Justice

J. Alan Johnson

United States Attorney

Pittsburg, Pennsylvania

By: /s/ Albert W. Schollaert

Albert W. Schollaert

Assistant United States Attorney

Pittsburgh, Pennsylvania

/s/ Courtney M. Price

Special Counsel for Enforcement

U.S. Environmental Protection

Agency

/s/ Jed Z. Callen

Jed Z. Callen

Assistant Regional Counsel

U.S. Environmental Protection

Agency, Region III

Sixth and Walnut Streets

Philadelphia, PA. 19106 ++EP++

WEST CARROLL, PA

DOC 01 OF 03

COMPLAINT

03-85-C005

SDWA

OTHER

19850327

19830407

PAD052385234

WEST CARROLL TWP

WEST CARROLL, PA

83-811

03

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff

v.

WATER AND SEWAGE AUTHORITY OF THE TOWNSHIP OF WEST CARROL

Civil Action No. 83 811

COMPLAINT

Plaintiff, the United States of America, by its undersigned attorneys, and at the request of the Regional Administrator, Region III, of the United States Environmental Protection Agency, brings this action against the above-named Defendant, and alleges:

1. This is a civil action to recover civil penalties from Defendant, Water and Sewage Authority of the Township of West Carroll (the "Authority"), for violations of the National Interim Primary Drinking Water Regulations (the "regulations") promulgated pursuant to the Safe Drinking Water Act (the "Act"), 42 U.S.C. Section 300f et seq., which regulations have been promulgated by the Administrator of the United States Environmental Protection Agency (the "EPA") for the public health. This action also seeks to enjoin the defendant from violating the regulations.

2. This Court has jurisdiction over this action under 28 U.S.C. Sub-Section 1345 and 1355 and under Section 1414 of the Act, 42 U.S.C. Section300g-3.

3. The Authority is an incorporated municipal authority doing business in the Western District of Pennsylvania with a last known address of Water and Sewage Authority of the Township of West Carroll, R.D. 1, Carrolltown, Pennsylvania 15722. ++EP++

Page 2

4. The Regional Administrator of Region III of the EPA (the "Regional Administrator") is a duly authorized representative of the EPA, with the delegated authority to act for the Administrator in enforcing the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.

5. On December 24, 1975, the EPA promulgated the regulations at 40 C.F.R. Part 141 pursuant to Section 1412 of the Act, 42 U.S.C. Section 300g-1. The EPA amended the regulations on July 9, 1976 and on August 27, 1980. The regulations specify maximum contaminant levels, monitoring and analytical requirements and reporting and record keeping requirements.

6. The Commonwealth of Pennsylvania does not have a State safe drinking water program approved by EPA; therefore, pursuant to Section 1414(a) (2) of the Act, 42 U.S.C. Section 300g-3(a)(2), the plaintiff may commence this action.

FIRST CLAIM

7. At all times pertinent herein the Authority has owned and operated the Bakerton water system located in Bakerton, Pennsylvania, a public water system subject to the Act and regulations promulgated thereunder.

8. Said Bakerton system is a "community water system" and a supplier of water as defined at 40 C.F.R. Section 141.2(e)(i) and serves 225 services connections on a year-round basis.

9. Since on or about November of 1978 to the present, defendant, in the operation of its public water system a) had and has available for delivery to users of its system and b) has delivered and is delivering water with turbidity exceeding the maximum contaminant level authorized by the primary drinking water regulations, 40 C.F.R. Section 141.13

10. Defendant's failure to comply with the national drinking water regulations was and is willful. This willful failure to comply with the turbidity requirement violates 42 U.S.C. Section 300g - 3(b).

11. The national interim primary drinking water regulations include sampling and analytical requirements for contaminant levels. 40 C.F.R. Part 141 Subpart C. Sampling and analysis for turbidity is to be performed at least once per day. 40 C.F.R. Section141.22(a). ++EP++

Page 3

12. During the period beginning June 24, 1977 and continuing to November, 1978, defendant failed to sample and analyze the turbidity of its waters as required by 40 C.F.R. Section 141.22(a).

13. The willful failure to comply with sampling and analysis requirements alleged in paragraph 12 above was willful and violated 40 C.F.R. Section 141.22(a).

14. The national interim drinking water regulations require the reporting to EPA of each required test, measurement or analysis within forty (40) days of said test, measurement or analysis. 40 C.F.R. Section 141.31(a).

15. During the period beginning June 24, 1977 and continuing to November, 1978, defendant failed to report required sampling and analytical results in violation of 40 C.F.R.Section 141.31(a).

16. The willful failure to comply with reporting requirements alleged in paragraph 15 above was willful and violated 42 U.S.C.Section 300g - 3(b).

17. EPA has not granted the Authority a variance from the regulations pursuant to Section 1416 of the Act, 42 U.S.C. Section 300g-4.

18. EPA has not granted the Authority an exemption from the regulations pursuant to Section 1416 of the Act, 42 U.S.C. Section 300g-5.

19. Unless relief is granted by this Court, Defendant will continue to violate the National Interim Primary Drinking Water Regulations and the Safe Drinking Water Act in the operation and ownership of the Bakerton water system.

SECOND CLAIM

20. At all times pertinent herein the Authority has owned and operated the St. Benedict water system located in St. Benedict, Pennsylvania, a public water system subject to the Act and regulations promulgated thereunder.

21. Said St. Benedict system is a "community water system" and a supplier of water as defined at 40 C.F.R. Section 141.2(e)(i) and serves 99 service connections on a year round basis.

22. Plaintiff repeats and realleges paragraphs 9-18. ++EP++

Page 4

23. Unless relief is granted by this Court, defendant will continue to violate the National Interim Primary Water Regulations and the Safe Drinking Water Act in the operation and ownership of the St. Benedict water system.

WHEREFORE, Plaintiff, United States of America, prays that:

a. Defendant be permanently enjoined under Section 1414 of the Safe Drinking Water Act, 42 U.S.C. Section 300g-3, and the Court's general equity power, from operating said water sytems except in accordance with the Safe Drinking Water Act and regulations promulgated pursuant thereto;

b. Defendant be ordered to install necessary control equipment as expeditiously as possible and take such other affirmative action as is necessary to operate the said water systems in compliance with the Safe Drinking Water Act and the regulations promulgated pursuant thereto.

c. That the Court order the Defendant to pay a penalty to the plaintiff of $5,000 per day of violation;

d. That the Court order that the Plaintiff recover from the Defendant the cost of this action; and

e. The Court grant such other relief that the Court deems just and proper.

Respectfully submitted, /s/

Carol E. Dinkins

Carol E. Dinkins

Assistant Attorney General

Land and Natural Resources

Division

J. Alan Johnson

United States Attorney

Pittsburgh, Pennsylvania ++EP++

Page 5

By: /s/ Albert W. Schollaert

ALBERT W. SCHOLLAERT

Assistant United States Attorney

Pittsburgh, Pennsylvania

/s/ Jed Z. Callen

Jed Z. Callen

Office of Regional Counsel

U.S. Environmental Protection

Agency

Region III

Philadelphia, Pennsylvania

(215) 597-3441 ++EP++

ORVISTON WATER ASSN.

DOC 02 of 02

CONSENT DECREE

03-84-C006

SDWA

MUNI

19840619

19840718

PAD980693741

ORVISTON TWP

ORVISTON, PA

83-0252

03

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Civil Action, File No. 83-0252

UNITED STATES OF AMERICA, Plaintiff,

vs.

ORVISTON WATER ASSOCIATION Defendant.

CONSENT DECREE

THIS MATTER has come before the Court upon the application of the United States of America for entry of this decree; and

WHEREAS, the United States of America, and the Orviston Water Association have consented to entry of this decree;

WHEREAS, the Court has subject matter jurisdiction pursuant to 28 U. S.C. Sub-Section 1331, 1345, and 1355, and 42 U.S.C. Section 300g-3(b); and

WHEREAS, venue is proper in this Court pursuant to 28 U.S.C. Section 1391(b) and (c); and ++EP++

Page 2

WHEREAS, the Court finds that: Orviston Water Association is an unincorporated association with its principal place of business in Orviston Township, Centre County, Pennsylvania; Orviston Water Association is the owner and operator of a public water system located in Centre County, Pennsylvania; Orviston Water Association has violated the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq., and the national interim primary drinking water regulations, 40 CFR Section 141, by failing to:

(a) sample and analyze for turbidity as required by 40 CFR Section 141.22;

(b) sample and analyze for inorganic chemicals as required by 40 CFR Section 141.23;

(c) sample and analyze for organic chemicals as required by 40 CFR Section 141.24;

(d) analyze and monitor for radioactivity as required by 40 CFR Sub-Section 141.25 and 141.26;

(e) report the results of its monitoring and analysis as required by 40 CFR Section 141.31;

(f) give public notification of its failure to comply with 40 CFR Section 141 as required by 40 CFR Section 141.32; and

(g) maintain records as required by 40 CFR Section 141.33; and

WHEREAS, the parties have agreed that this decree shall be lodged and made available for public comment prior to entry by the Court, pursuant to the procedures identified at 28 C.F.R. Section 50.7; and ++EP++

Page 3

WHEREAS, the Court finds that the decree is a reasonable, fair, and adequate settlement, adequately protects the public interest, and is in accord with the Safe Drinking Water Act;

NOW THEREFORE, Pursuant to F.R.C.P. 54, IT IS on this 18th day of July, 1984,

ADJUDGED that:

1. Compliance with the Safe Drinking water Act. Orviston Water Association shall:

(a) sample and analyze for turbidity as required by 40 CFR Section 141.22;

(b) sample and analyze for inorganic chemicals as required by 40 CFR Section 141.23;

(c) sample and analyze for organic chemicals as required by 40 CFR Section 141.24;

(d) analye and monitor for radioactivity as required by 40 CFR Sub-Section 141.25 and 141.26;

(e) report the results of its monitoring and analysis as required by 40 CFR Section 141.31;

(f) give public notification of its failure to comply with 40 CFR Section 141 as required by 40 CFR Section 141.32;

(g) maintain records as required by 40 CFR Section 141.33; and

(h) comply with maximum contaminant levels as required by 40 CFR Section 141. ++EP++

Page 4

2. Penalty. The Orviston Water Association shall pay a civil penalty of five hundred dollars. The penalty shall be paid in two installments of two hundred and fifty dollars. The first payment shall be due within fourteen days of the entry of this decree. The second payment shall be due within one hundred and eighty days of this decree. Payment shall be made by cashier's or certified check payable to the Treasurer of the United States and shall be delivered by hand or United States mail to the United States Attorney for the Middle District of Pennsylvania.

3. Stipulated penalties. If the Orviston Water Association violates any provision of this decree, the Association shall pay a civil penalty of

(i) $100 per violation per day, for each of the first 30 days of violation,

(ii) $200 per violation per day, for each of the next 60 days of violation,

(iii) $500 per violation per day, for each of the next 60 days of violation, and

(iv) $1000 per violation per day, for each of the next 60 days of violation.

All penalties due under this paragraph shall be paid by cashier's or certified check payable to the Treasurer of the United States. The checks shall be delivered by hand or by United States Mail to the United States Attorney for the Middle District of Pennsylvania. All penalties shall be paid within 30 days from cessation of violation. If the violation ++EP++

is a continuous violation of more than 30 days, the payment shall be made at 30 day intervals commencing with the sixtieth day from commencement of the violation.

Page 5

The stipulated penalty provision of this decree shall not be construed to limit any other or further remedies available for violations of this decree or other provisions of the law.

4. Nonwaiver provision. This order in no way relieves the defendant of responsibility to comply with any other State, Federal or local law or regulation.

5. Termination. This consent decree shall terminate one year after date of entry.

For Orviston Water Association:

Feb. 1, 1984

/s/ Charles A. Schneider

Date

CHARLES A. SCHNEIDER, ESQ.

McQuaide, Blasko, Schwartz,

Fleming, Foulkner, Inc.

For United States of America:

/s/ F. Henry Habicht, II

Date (ILLEGIBLE)

F.HENRY HABICHT, II

Assistant Attorney General

Land and Natural Resources Division

U.S. Department of Justice ++EP++

Page 6

3 May 1984

DAVID DART QUEEN

Date

United States Attorney

By: /s/ Barbara Kosik

BARBARA KOSIK

Assistant United States Attorney

FOR THE Middle District of Pennsylvania

April 30, 1984

/s/

William D. Evans, Jr.

Date

WILLIAM D. EVANS, JR.

Attorney,

Land and Natural Resources Division

U.S. Department of Justice

4 - 29 -84

/s/ Courtney M. Price

Date

COURTNEY M. PRICE

Assistant Administrator,

Enforcement & Compliance Monitoring

U.S. Environmental Protection Agency

/s/ Sheldon M. Novick

Date

SHELDON M. NOVICK

Regional Counsel,

U.S. Environmental Protection Agency

Region III

3/20/84

/s/ James T. Heenehan

Date

JAMES T. HEENEHAN

Attorney,

U.S. Environmental Protection Agency

Region III

Approved as a decree of this Court

/s/ Muir

Muir, U.S. District Judge

DATED: July 18, 1984 ++EP++

ORVISTON WATER ASSN.

DOC 01 OF 02

COMPLAINT

03-84-C006

SDWA

MUNI

19840619

19830225

PAD980693741

ORVISTON TWP

ORVISTON, PA

83-0252

03

THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff,

v.

ORVISTON WATER ASSOCIATION Defendant.

Civil Action No.(ILLEGIBLE)

COMPLAINT

Plaintiff, United States of America, by the authority of the Attorney General, and at the request of the Administrator of the United States Environmental Protection Agency, hereinafter referred to as "EPA", alleges:

INTRODUCTION AND NATURE OF CASE

1. This is a civil action brought pursuant to 42 U.S.C. 300g-3(b) to enforce the provisions of the Safe Drinking Water Act, 42 U.S.C. Section 300 et seq., hereinafter referred to as "Act", and the National Interim Primary Drinking Water Regulations, hereinafter referred to as "implementing regulations", 40 C.F.R. Part 141. Plaintiff seeks an injunction requiring Defendant to comply with the Act and implementing regulations, and for civil penalties for violations of the Act and implementing regulations.

JURISDICTION

2. This Court has subject matter jurisdiction pursuant to 28 U.S.C. Sub-Section 1331, 1345 and 1355 and 42 U.S.C. Section 300g-3(b). ++EP++

Page 2

3. Venue is proper in this Court pursuant to 28 U.S.C. Sub-Section 1391(b) and 1395(a).

4. The State of Pennsylvania has not accepted primary enforcement responsibility for the Act as contemplated by 42 U.S.C. Section 300g-2.

5. Administration and enforcement of the Act in the State of Pennsylvania is, pursuant to 42 U.S.C. Section 300g-3, the responsibility of EPA.

DEFENDANT

6. Defendant, Orviston Water Association, is an unincorporated association with its principal place of business located at Orviston Township, Centre County, Pennsylvania.

STATEMENT OF CLAIM

7. Defendant is the owner and operator of a water system, located in Centre County, Pennsylvania which regularly provides piped water for human consumption for over twenty-five (25) individuals.

8. Said water system has collection facilities as well as distribution and storage facilities.

9. Defendant has not received from E.P.A. a variance or an exemption under Section 1415 and 1416 of the Act, 42 U.S.C. Sub-Section 300g-4 and 300g-5.

10. Pursuant to 42 U.S.C. Section 300g, Defendant is required in the operation of said water system to comply with the provisions of 40 C.F.R. Part 141. ++EP++

Page 3

11. Defendant has repeatedly been informed by EPA of the requirements of the Act and 40 C.F.R. Part 141. However, Defendant has willfully failed to comply with the Act and 40 C.F.R. Part 141.

12. Defendant is required under 40 C.F.R. Part 141 to monitor the water sources by taking samples and having the samples analyzed for turbidity, 40 C.F.R. 141.22; inorganic chemicals, 40 C.F.R. 141.23; organic chemicals, 40 C.F.R. 141.24; and radioactivity, 40 C.F.R. 141-25-141.26; to report the results of the monitoring and analysis of the water sources, 40 C.F.R. 141.31; to give public notification of any failure to comply with the provisions of 40 C.F.R. Part 141, 40 C. F.R. 141.32; and to retain records of the monitoring and analysis of the water sources, 40 C.F.R. 141.33.

13. Defendant has failed to comply with and continues to remain in non-compliance with the reporting requirements of 40 C.F.R. 141.31.

14. Defendant has failed to comply with and continues to remain in non-compliance with the public notification requirements of 40 C.F.R. 141.32.

15. Defendant has failed to comply with and continues to remain in non-compliance with the record maintenance requirements of 40 C.F.R. 141.33.

16. In the absence of compliance with the provisions of 40 C.F.R. 141.31, 141.32 and 141.33, Plaintiff, upon information and belief, alleges that Defendant has failed to comply with and ++EP++

continues to remain in non-compliance with the monitoring and analytical requirements of 40 C.F.R. 141.22 through 141.29.

Page 4 PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays that the Court:

1. Order Defendant to forthwith comply with the monitoring and analytical requirements of 40 C.F.R. 141.22 through 141.29;

2. Order Defendant to forthwith comply with the reporting requirements of 40 C.F.R. 141.31;

3. Order Defendant to forthwith comply with the public notification requirements of 40 C.F.R. 141.32;

4. Order Defendant to forthwith comply with the record maintenance requirements of 40 C.F.R. 141.33;

5. Impose a civil penalty of $5,000 for each day of violation by Defendant of the monitoring and analytical requirements of 40 C.F.R. 141.22 through 141.29;

6. Impose a civil penalty of $5,000 for each day of violation by Defendant of the reporting requirements of 40 C.F.R. 141.31;

7. Impose a civil penalty of $5,000 for each day of violation by Defendant of the public notification requirements of 40 C.F.R. 141.32;

8. Impose a civil penalty of $5,000 for each day of violation by Defendant of the record maintenance requirements of 40 C.F.R. 141.33; ++EP++

Page 5

9. Order that Plaintiff recover from Defendant the costs of this action; and

10. Grant such other relief as it may deem necessary and just.

/s/ Carol E. Dinkins

CAROL E. DINKINS

Assistant Attorney General

Land and Natural Resources

Division

U.S. Department of Justice

Washington, D.C. 20530

DAVID D. QUEEN

United States Attorney for the

Middle District of

Pennsylvania

P.O. Box 309

Scranton, Pennsylvania 19106

/s/ Barbara Kosik

BARBARA KOSIK

Assistant United States Attorney

for the Middle

District of Pennsylvania

/s/ William D. Evans

WILLIAM D. EVANS, JR.

Attorney, Environmental

Enforcement Section

Land and Natural Resources

Division

U.S. Department of Justice

Washington, D.C. 20530

(202) 633-4170

OF COUNSEL:

Michael A. Brown

Enforcement Counsel

U.S. Environmental Protection

Agency

Washington, D.C. 20460

Sheldon Novick

Regional Counsel, Region III

U.S. Environmental Protection

Agency

Philadelphia, Pennsylvania 19106

Gary Hess

Office of Legal and Enforcement

Counsel

U.S. Environmental Protection

Agency

Washington, D.C. 20460

James Heenehan

Office of Regional Counsel,

Region III

U.S. Environmental Protection

Agency

Philadelphia, Pennsylvania 19106

++EP++

MONUMENT WATER ASSOCIATION

DOC 05 OF 05

ORDER

03-83-C012

SDWA

OTHER

19831209

19831209

PAD980693998

MONUMENT WATER ASSOCIATION

MONUMENT, PA

83-0142

03

Page 1 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA Plaintiff

vs.

MONUMENT WATER ASSOCIATION, Defendant

Civil No. 83-0142

Complaint Filed 2/3/83

(Judge Muir)

ORDER December 9, 1983

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

On February 3, 1983, the United States filed a complaint against Monument Water Association ("Monument"), a public water system in Monument, Pennsylvania, alleging that Monument violated regulations promulgated under the Safe Drinking Water Act, 42 U.S.C. Sub-Section300f-300j-10. This Court has jurisdiction of this action pursuant to 42 U.S.C. Section 300g-3. Monument, through its president, Raymond Shope, was personally served a summons in this action on April 1, 1983. Monument failed to answer the complaint and on May 5,1983, pursuant to the request of the United States, the Clerk of Court entered Monument's default pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. At the same time the United States filed its request for entry of default, it filed a request for Default judgment against Monument.

On November 7, 1983, the United States filed a memorandum in support of its request for default judgment. ++EP++

Page 2

To date, Monument has failed to respond in any way to this lawsuit.

Because of Monument's failure to plead or otherwise respond to the complaint, the facts alleged in the complaint are deemed admitted by Monument. Nishimatsu Construction Company vs. Houston National Bank, 515 F.2d 1200 (5th Cir. 1975). According to the complaint, Monument is a non-profit corporation engaged in supplying water to approximately 200 persons via 50 service connections in Monument, Pennsylvania. Monument obtains its water from a surface water stream. Monument is a "public water system," 40 C.F.R. Section 141.2(e) and is subject to the National Interim Primary Drinking Water Regulations, 40 C.F.R. Section 141.

Monument has failed to monitor and sample its water for pollutants as required by the regulations. It has failed to sample and analyze for turbidity on a daily basis. See 40 C.F.R. Section 141.22. It has failed to sample and analyze for microbiological contaminants monthly as required by Section 141.21. Monument has failed to sample and analyze for inorganic chemicals, organic chemicals and radioactive contaminants. See Sub-Section 141.23-.26.

Monument has not notified the Environmental Protection Agency (EPA) of its failure to comply with the sampling and analysis requirements noted above as required by Section 141.31(b). Finally, Monument has not notified the persons served by the water system of its failure to monitor the water supply as required by Section 141.32. ++EP++

Page 3

The EPA has repeatedly advised Monument of its duty to comply with the Safe Drinking Water Act and the regulations promulgated thereunder and Monument has willfully violated the regulations. The cost to Monument of complying with the regulations would be approximately $500 annually, assuming the initial cost of a "Turbidimeter" ($600) is amortized over five years. See Affidavit of Leo Essenthier, EPA Environmental Scientist, attached to Plaintiff's memorandum in support of motion for default judgment.

The United States seeks the following relief. It requests that the Court permanently enjoin Monument from operating its water system except in accordance with the Safe Drinking Water Act and the regulations promulgated thereunder. It requests that Monument be ordered to perform the testing and monitoring required by the Act as expeditiously as possible, to report the results of such testing and monitoring to the EPA as expeditiously as possible, and "to take such other affirmative action as is necessary to comply with the Act and the regulations ." The United States also requests that Monument be ordered to pay a penalty of "$5,000 per day of violation," as well as the costs of this action.

The Court will direct the entry of judgment in favor of the United States for some, but not all, of the relief requested. Cf. Fed.R.Civ. P. 54(c). The Court will grant the United States's request that Monument be ordered to perform the tests required by the Safe Drinking Water Act ++EP++ regulations.

Page 4

The Court is of the view that the $5,000 per day fine for violating the act requested by the United States is grossly excessive. See 42 U.S.C. Section300g-3(b) (2). Moreover, it appears that Monument would not be able to complete all of the testing and notification required by the Act within one day. Thus, granting the United States's request would mean that even if Monument made a good faith effort to comply with the regulations, it would nevertheless be liable for the fine. The Court will reach the question of appropriate sanctions including fine of the company and imprisonment and fine of corporate officers and agents if and when there is a violation of this order.

NOW, THEREFORE, IT IS ORDERED THAT:

1. The United States is granted judgment by default.

2. The Clerk of Court shall enter judgment in favor of the United States.

3. Monument shall no later than 30 days from the date of this order:

(a) sample and analyze its water for microbiological contaminants as required by 40 C.F.R.Section141.21.

(b) sample and analyze its water for inorganic chemicals as required by 40 C.F.R.Section141.23(a).

(c) sample and analyze its water for organic chemicals as required by 40 C.F.R.Section141.24(a) (1).

(d) sample and analyze its water for radioactive contaminants as required by 40 C.F.R.Section141.26(a). ++EP++

4. Monument shall no later than 60 days from this order and daily after the first test sample and analyze its water for turbidity on a daily basis pursuant to 40 C.F.R.Section141.22.

5. Monument shall furnish to the Environmental Protection Agency and to the U.S. Attorney at Lewisburg proof of compliance with Paragraph3 of this Order within 40 days after the date of this order and proof of compliance with Paragraph4 of this order within 70 days after the date of this order.

6. The Clerk shall send a copy of this order to the U.S. Attorney at Lewisburg, Pennsylvania.

MUIR, U.S. District Judge ++EP++

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff

vs

MONUMENT WATER ASSOCIATION, Defendant

CIVIL NO. 83-0142

Complaint Filed(ILLEGIBLE)

(Judge Muir)

JUDGMENT December 9, 1983

The Court having made an independent review of the record, and having considered the respective contentions of the parties,

IT IS ORDERED AND ADJUDGED that judgment be and hereby is entered in favor of the Plaintiff and against the Defendant.

Dated at Williamsport, Pennsylvania, this 9th day of December, 1983.

DONALD R. BERRY

Clerk of Court

by Barbara Plesce

Deputy Clerk ++EP++

MONUMENT WATER ASSOCIATION

DOC 04 of 05

Memorandum in Support of Plaintiff's Motion for Default Judgment

03-83-C012

SDWA

OTHER

19831209

19831107

PAD980693998

MONUMENT WATER ASSOCIATION

MONUMENT, PA

83-0142

03

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff,

v.

MONUMENT WATER ASSOCIATION Defendant.

CIVIL NO. 83-0142

MEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION FOR DEFAULT JUDGEMENT

The United States of America, plaintiff herein, submits this memorandum in support of its Motion for Default Judgment under Rule 55( b)(2) of the Federal Rules of Civil Procedure ("FRCP"). The United States seeks a Default Judgment that would enjoin defendant from further violations of the Safe Drinking Water Act ("the Act"), 42 U.S. C. Section 300g-3(b), and assess civil penalties for defendant's past violations.

The basis for this motion is the May 5, 1983 Entry of Default by the Clerk in this case (Exhibit 1 to this Memorandum). The complaint commencing this action was filed on February 3, 1983 and served on defendants on April 1, 1983. No answer, other defense, or notice of appearance was filed within twenty days of service, as required by FRCP 12(a). The United States applied for Entry Of Default by the Clerk May 4, 1983. The Clerk entered defendant's default on May 5, 1983. ++EP++

Page 2

Defendant has continued its disregard of procedural requirements by not filing any answer, defense, or notice of appearance through the date of this memorandum.

Defendant's Default

The Clerk's Entry of Default was proper under the standards of FRCP 55(a). United States for and in behalf of FHA v Jackson, 25 F. Supp. 79 (D. Ore. 1938). That Rule states that a party must have "failed to plead or otherwise defend as provided by these rules" in order for the Clerk to enter his default. It is a matter of record that defendant has "failed to plead." Defendant has also "failed to ... otherwise defend," as that is interpreted by the courts: "The words 'otherwise defend' refer to attacks on the service, or motions to dismiss, or for better particulars, and the like, which may prevent default without presently pleading to the merits." Bass v. Hoaglund, 172 F.2d. 205, 210 (5th Cir. 1949), certiorari denied 338 U.S. 816, 70 S.Ct. 57. No such motions or defenses were submited prior to the Clerk's Entry of Default, and none have been submitted since that time.

Defendant's lack of response to this litigation is consistent with its repeated nonresponsiveness to earlier ++EP++

attempts made by the U.S. Environmental Protection Agency ("EPA") to persuade defendant to comply voluntarily with the Act.

Page 3

These efforts are described in the attached Affidavit of Leo Essenthier (Exhibit 2 to this Memorandum). Default in this case, in which defendant has had abundant notice and time to plead a defense, is the appropriate means of enforcing compliance with the rules of procedure. Chandler Leasing Corp. v. UCC, 91 F.R.D. 81 (N.D. Ill. 1981).

By its default, defendant has no further standing to contest the factual allegations of the United States' complaint. Thomson v. Wooster, 114 U.S. 104, 5 S.Ct. 788, 29 L.Ed. 105 (1885); Nishimatsu Construction Co. v. Houston National Bank, 515 F.2d 1200 (5th Cir. 1975); Trans World Airlines, Inc. v. Hughes, 449 F.2d. 51 (2nd Cir. 1971), rev'd. on other grounds 409 U.S. 363, 93 S.Ct. 647.

The pertinent facts established by defendant's default are as follows:

1) Defendant Monument Water Association is a non-profit corporation organized under the laws of the Commonwealth of Pennsylvania. ++EP++

Page 4

2) Defendant supplies and has supplied, at all times pertinent, piped water to approximately 50 service connections which provide water to approximately 200 persons on a year-round basis in Monument, Pennsylvania in the Middle District of Pennsylvania.

3) The Monument water system is a public water system as defined by the regulations.

4) Defendant was and is required by 40 C.F.R. Part 141 to conduct monitoring and sampling for contaminants including, but not limited to turbidity, organic chemicals, inorganic chemicals, microbiological contaminants and radioactive contaminants.

5) Defendant has been repeatedly advised by EPA of the requirements of the Safe Drinking Water Act and the National Interim Primary Drinking Water Regulations, promulgated thereunder. ("NIPDWR") ++EP++

Page 5

6) Defendant has failed to sample and analyze for microbiological contaminants monthly from the time of the effective date of the regulation, June 24, 1977, to date. These failures were willful violations of 40 C.F.R. Section 141.21.

7) Defendant has failed to sample and analyze for turbidity on a daily basis, since the effective date of the regulation, to the present time. These failures were willful violations of 40 C.F.R. Section 141.22.

8) Defendant has failed to sample and analyze for inorganic chemicals by June 24, 1978 and yearly thereafter. These failures were willful violations of 40 C.F.R. Section 141.23(a).

9) Defendant has failed to sample and analyze for organic chemicals by June 24, 1978 and yearly thereafter. This failure was a willful violation of 40 C.F.R. Section 141.24(a)(1).

10) Defendant has failed to sample and analyze for radioactive contaminants by June 1980. This failure was a willful violation of 40 C.F.R. Section 141.26(a). ++EP++

Page 6

11) Defendant has failed to notify EPA within 48 hours of its failures to comply with the sampling and analysis requirements stated in paragraphs 6 through 10, above. The failures to give notice to EPA were willful violations of 40 C.F.R.Section141.31.

12) Defendant has failed to notify the persons served by the water system of its failures to perform sampling and monitoring for microbiolgical contaminants, turbidity, inorganic chemicals, organic chemicals, and radioactive contaminants. These failures were willful violations of 40 C.F.R.Section141.32.

The above facts were alleged in the United States' complaint and are deemed admitted by defendant's default.

Danning v. Lavine, 572 F.2d. 1386 (9th Cir. 1978); Thomas v. Wooster, supra./1/ These facts conclusively show that defendants are liable for numerous violations of the water quality sampling, analysis, reporting and public notification requirements of the Act.

Page 7

Proceedings on default judgment in this action are thus limited to the issues of appropriate injunctive relief and civil penalties for defendant's violations, taking evidence on these issues where necessary. Pope v. United States, 323 U.S.1, 65 S.Ct. 16 (1944).

((/1/ Support of this conclusion is also found in F.R.C.P. 8 (d) "averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are readmitted when not denied in the responsive pleading". By not responding to the Complaint defendants failed to deny the facts in the complaint and thus they must be deemed to have been admitted.))

Injunctive Relief

The Act provides that EPA "may bring a civil action...to require compliance with a national primary drinking water regulation" and "(t) he Court may enter, ... such judgment as protection of public health may require, taking into account the time necessary to comply and the availability of alternative water supplies." 42 U.S.C. Section 300g-3( b).

The NIPDWR promulgated pursuant to 42 U.S.C. Section300g-1 "shall protect health to the extent feasible, using technology, treatment techniques, and other means, which the Administrator determines are generally available." The Court can, then, enter a judgment to protect health by requiring compliance with the NIPDWR. There is ample precedent in actions brought under the Act for this form of injunctive relief: U.S. v. Neskowin Enterprises, Inc., 14 ERC 1636, 1639 (D. Ore. 1980); U.S. v. Alder Creek Water Company, 14 E.R.C. 1413 (D. Ore. 1979) and ++EP++

No. 79-1090 (D. Ore., Sept. 26, 1980) (Order for equitable receivership); U.S. v. William B. Tenny and Shirley A. Tenny, Civil Action No. 80-0647 (M.D. Pa. 1983).

Page 8

(Neskown, Alder Creek and Tenny Opinions Attached as Exhibits 3-5 to this Memorandum). The Order and Judgment in U.S. v. Tenny requires the Defendant's to comply with the Act and the applicable NIPDWR through a permanent injunction and specific listed requirements. The November 6, 1979 opinion in U.S. v. Alder Crek Water Company illustrates the breadth of relief available to the Court with its inclusion of provisions concerning operation and maintenance of equipment, recordkeeping and reporting, sampling and analysis, and site access. The September 26, 1980 Order for Equitable Receivership in U.S. v. Alder Creek Water Company expands the relief provided in the opinion to include the appointment of a receiver to "exercise all administrative authority over defendant, including, but not limited to, full power to control, manage, and operate said water systems."

Civil Penalties

The Act provides a maximum civil penalty of $5,000 per day of violation:

1 f the court determines that there has been a willful violation of the regulation or schedule or other requirements with respect to which the action was brought, the court may, taking into account the ++EP++

seriousness of the violation, the population at risk, and other appropriate factors, impose a civil penalty of not to exceed $5,000 for each day in which such violation continues. (Emphasis added.)

Page 9

42 U.S.C. Section300g-3(b). The facts alleged in the complaint demonstrate over 6 years of continuous violations of the sampling, analysis, reporting and public notification requirements of regulations 40 C.F.R. Sub-Section141.21, .23, .26, .31 and .32.

The "willfulness" of these violations was alleged in paragraphs 19-25 of the United States' complaint and was admitted by defendant's default. Danning v. Lavine, supra. In addition, the factual basis for finding the violations to be "willful" is shown in the attached affidavit of Leo Essenthier, (Exhibit 2 to this Memorandum). The complaint and affidavit set forth the numerous occasions on which EPA, in writing and in person, informed defendant of the Act's requirements. Defendant nevertheless persisted in its noncompliance. This conduct establishes that defendants' violations were "willful", as a matter of law:

"Careless disregard" for lawful duties, amounting to "plain indifference" to the requirements of a statute, has been considered to be a "willful" violation. United States v. Illinois Central Railroad Co., 303 U.S. 239, 242-243 (1938). This standard applies particularly to cases involving violations of statutory requirements that are protective of health or safety. Georgia Electric Co. v. Marshall, 595 F. 2d. 309, 319, (5th Cir. 1979). In such cases it is unnecessary to establish a "bad purpose" for the violations to be regarded as "willful." ++EP++

The courts have also held that willfulness can be inferred from a history of numerous violations of the same statute and regulations.

Page 10

Fairbanks v. Hardin, 429 F. 2d 264, 268-269 (9th Cir. 1970).

United States v. Neskowin Enterprises, Inc., supra at 1642. In U.S. v. Neskowin the Court concluded that "Defendants' repeated tardiness, and often failure, to submit the required sampling data to EPA certainly demonstrates an indifference to the Act and its Regulations." These were held to establish a "serious" violation:

In my view, each type of violation creates potential health risks to which the public should not be exposed. The fact that numerous violations occurred in each category, demonstrares an irresponsible attitude on the part of the defendants and emphasizes the very serious nature of these violations.

U.S. v. Neskowin, supra at 1644.

In the instant case, defendant's violations are of the sampling, analysis, reporting and notification requirements of 40 C.F.R. Subpart 141 which are designed to detect contaminants with potentially serious health effect to the public. (Exhibit 6 to this Memorandum)

Therefore, the plaintiff, United States requests this Court to enter a default judgment against defendant, permanently enjoin ++EP++

Defendant from operating its water system other than in full compliance with the Act and its implementing regulations and assess a civil penalty of $5000.00.

Page 11

Dated this day of November, 1983.

DAVID DART QUEEN

United States Attorney

By: /s/ Robert J. Nolan

ROBERT J. NOLAN

Assistant U.S. Attorney

416 Post Office Building

Scranton, PA 18501

OF COUNSEL:

Ralph W. Siskind

U.S. environmental Protection

Agency

Region III ++EP++

EXHIBIT 1 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Vs.

MONUMENT WATER ASSOC.

CIVIL NO. 83-0142

DEFAULT

AND NOW, this 5th day of May, 1983 it appearing by affidavit of Robert J. Nolan, that the defendant

MONUMENT WATER ASSOCIATION

has failed to appear, plead or otherwise defend as provided by the Federal Rules of Civil Procedure, the defendant default is entered.

/s/ Donald R. Berry

CLERK, U.S. DISTRICT COURT

by: /s/ Sylvia Lehotsky

Deguty Clerk ++EP++

EXHIBIT 2 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

United States of America, Plaintiff

V.

Monument Water Association Defendant

Civil No. 83-0142

Affidavit of Leo N. Essenthier

I, Leo N. Essenthier, being first duly sworn on oath, do depose and say:

1. I am employed as an Environmental Scientist in the Water Supply Branch of Region III of the United States Environmental Protection Agency (EPA). My responsibilities include the oversight of water supply systems which are regulated under the Safe Drinking water Act, 42 U.S.C.Sub-Section300f et seq. (the Act).

2. One of the systems which I oversee is the Monument Water Association.

The purpose of this affidavit is to document Monument's violations of the Act and the National Interim Primary Drinking Water Regulations (NIPDWR) promulgated thereunder (40 C.F.R. Part 141).

3. The Monument Water Association is located in North Central Centre County, 15 miles West of Lock Haven. The Association serves approximately 50 families or 200 people who are year-round residents. The size of this system qualifies it as a public water system subject to the requirements of the Act.

4. The Act requires public water systems to sample and analyze the quality of the drinking water provided by their system and to report analytical results to EPA (since Pennsylvania has not assumed primary enforcement responsibility under the Act). Failure to sample and report deprives EPA and the public of adequate information on the safety of the drinking water.

5. From June 1977, the effective date of the Act, to the present, the Monument Water Association has been in continuous violation of the NIPDWR for failure to perform the required monitoring for all contaminants. Water associations the size of Monument and having a surface water source are required to monitor daily for turbidity (Regulation 40 C.F.R.Section141.22) and ++EP++ monthly for microbiological contaminants (Regulation 40 C.F.R. Section 141.21). Inorganic and organic chemicals were required to be monitored initially by June 24, 1978 and annually thereafter. (Regulations 40 C.F.R. Sub-Section 141.23-.24). Radioactive contaminants were to be monitored initally by June 24, 1980 and every four years thereafter (Regulation 40 C.F.R. Section 141.26). EPA has not received monitoring data from Monument on any contaminant.

6. If any monitoring is not performed, a water supply system is to give notice to EPA and to the persons served by the system. (Regulations 40 C.F.R.Section141.31-.32) EPA has not received notices from Monument concerning its failure to perform monitoring.

7. The following is a summary of EPA's attempts to obtain defendants voluntary compliance with the Safe Drinking Water Act:

a. In June, 1977, EPA sent defendant a copy of the National Interim Primary Drinking Water Regulations (NIPDWR) and a standard letter providing general information pertaining to the Safe Drinking Water Act, and the Act's monitoring and reporting requirements.

b. In July 1977 a list of EPA approved laboratories in Pennsylvania was mailed to defendant.

c. A certified letter was mailed by EPA April 17, 1978 to Mr. Ray A. Shope, President of the Monument Water Association, informing him of the violations for turbidity and bacteria non-monitoring.

d. On April 28, 1978, a certified letter was mailed by Mr. Shope to EPA explaining why the Association had not performed the required monitoring. He felt they were too small and could not afford the cost of monitoring.

e. On August 8, 1978 a telephone call was made by EPA to Mr. Shope explaining monitoring requirements in detail.

f. On January 2, 1979 a Compliance Hearing Notice was sent by mail from EPA to Mr. Shope.

g. On January 26, 1979, in a telephone call made by EPA to Mr. Shope who indicated that the Association did not intend to comply with the NIPDWR. ++EP++

h. On February 1, 1979, a certified letter was mailed by EPA to Mr. Shope to warn him that a Compliance Hearing may be scheduled and to persuade him to begin monitoring.

i. On February 28, 1979, a certified letter was mailed by EPA to Mr. Shope advising him of a Compliance Hearing on Friday, March 23, 1979 at 9:00 A.M. No response from the Association was received.

j. On May 8, 1979, a telephone call was made by EPA to Mr. Shope informing him of a Sanitary Survey on may 17, 1979.

k. On May 17, 1979, the Sanitary Survey was performed.

1. On June 8, 1979, a certified letter was mailed by EPA to Mr. Shope advising him of several alternatives to reduce the cost of a nephelometer and informing him of a compliance schedule for one to be ordered. No response from the Association was received.

m. On October 11, 1979, a certified letter was mailed by EPA to Mr. Shope including the Sanitary Survey report.

n. On January 9, 1980, a certified letter was mailed by EPA to the Association requesting Public Notification for November, 1979 microbiological and turbidity non-monitoring violations.

o. On June 3, 1980, a certified letter was mailed by EPA to the Association requesting Public Notification for April, 1980 microbiological and turbidity non-monitoring violations.

p. On July 15, 1980, a certified letter was mailed by EPA to the Association requesting Public Notification for May, 1980 microbiological and turbidity non-monitoring violations.

q. On September 11, 1980, a certified letter was mailed by EPA to the Association requesting Public Notification for July, 1980 microbiological and turbidity non-monitoring violations. ++EP++

r. On September 17, 1980, a certified letter was mailed by EPA to the Association requesting Public Notification for organic and inorganic chemical non-monitoring violations.

s. On December 17, 1980, a certified letter was mailed by EPA's Enforcement Division to the Association informing them that the matter couls be referred to the Department of Justice for institution of appropriate enforcement proceedings.

8. The following is a calculation of the defendant's approximate projected costs to perform the required analyses. The costs total $479 annually, or less than $1 a month for each of the defendant's over 50 service connections.

a. Turbidity - $120/year.

The initial cost of a Turbidimeter of $600 amortized over five years. The test can by performed by Monument at essentially no cost.

b. Microbiological Contaminants - $96/year

Twelve samples per year analyzed by a certified laboratory.

c. Inorganic Chemicals - $120/year

One complete series for each water source.

d. Organic Chemicals - $135/year

One complete series for each water source.

e. Radiation - $8/year

Partial radionuclide series once every four years.

/s/ Leo N. Essenthier

Leo N. Essenthier

Environmental Scientist

Subscribed and Sworn to me this 28th day of October, 1983.

/s/

Sophie Bujnewicz

My commission expires: ++EP++

MONUMENT WATER ASSOCIATION

DOC 03 OF 05

DEFAULT JUDGMENT

03-83-CO12

SDWA

OTHER

19831209

19830505

PAD980693998

MONUMENT WATER ASSOCIATION

MONUMENT, PA

83-0142

03

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, :Vs.

MONUMENT WATER ASSOC.

CIVIL NO. 83-0142

D E F A U L T

AND NOW, this 5th day of May, 1983 it appearing by affidavit of Robert J. Nolan, that the defendant

MONUMENT WATER ASSOCIATION

has failed to appear, plead or otherwise defend as provided by the Federal Rules of Civil Procedure, the defendant default is entered.

/S/ Donald R. Berry

CLERK, U.S. DISTRICT COURT

by /S/ Sylvia Libotsky

Deputy Clerk ++EP++

MONUMENT WATER ASSOCIATION

DOC 02 OF 05

REQUEST FOR ENTRY OF DEFAULT

03-83-C012

SDWA

OTHER

19831209

19830504

PAD980693998

MONUMENT WATER ASSOCIATION

MONUMENT, PA

83-0142

03

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, VS.

MONUMENT WATER ASSOC.

CIVIL. NO. 83-0142

REQUEST FOR ENTRY OF DEFAULT

Enter notation of the default of the defendant,

MONUMENT WATER ASSOCIATION

for failure to appear, plead or otherwise defend as provided by the Federal Rules of Civil Procedure.

/s/ Robert J. Nolan

ROBERT J. NOLAN

ASSISTANT U. S. ATTORNEY

Dated: 5/4/83 ++EP++

UNITED STATES OF AMERICA:

SS.

MIDDLE DISTRICT OF PENNSYLVANIA:

Robert J. Nolan, Assistant United States Attorney in and for the Middle District of Pennsylvania, does certify, depose and say that he is the Attorney for the United States of America in the above entitled action; that the complaint and summons in this action were served on

MONUMENT WATER ASSOCIATION

defendant, as appears from the Marshal's return of service of said summons; and that the said defendant,

MONUMENT WATER ASSOCIATION

has failed to appear, plead or otherwise defend although more than 20 days have elapsed since the service of plaintiff's complaint and summons upon

MONUMENT WATER ASSOCIATION

/s/ Robert J. Nolan

ROBERT J. NOLAN

ASSISTANT U.S. ATTORNEY

I declare under penalty of perjury that the foregoing is true and correct.

Executed on May 4, 1983

/s/

ASSISTANT U.S. ATTORNEY ++EP++

Asistant U.S. ATTORNEY ++EP++

MONUMENT WATER ASSOCIATION

DOC 01 of 05

COMPLAINT

03-83-C012

SDWA

OTHER

19831209

19830203

PAD980693998

MONUMENT WATER ASSOCIATION

MONUMENT, PA

83-0142

03

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff

v.

MONUMENT WATER ASSOCIATION Defendant

CIVIL ACTION NO. CV - 83 0142

COMPLAINT

Plaintiff, the United States of America, by its undersigned attorneys, and at the request of the Regional Administrator, Region III, of the United States Environmental Protection Agency (EPA), brings this action against the above-named Defendant and alleges:

1. This is a civil action for injunctive relief and to recover civil panalties from the Defendant, Monument Water Association (Monument) for violations of the National Interim Primary Drinking Water Regulations (the "regulations") promulgated for the protection of the public health pursuant to the Safe Drinking Water Act (the "Act") 42 U.S.C. Sub-Section 300f et seq.

2. This Court has juisdiction over this action pursuant to 28 U.S. C. Section 1345 and Section 1414 of the Act, 42 U.S.C. Section 300g-3. ++EP++

Page 2

3. Defendant is a non-profit corporation organized under the laws of the Commonwealth of Pennsylvania and has the business address Monument Water Association, c/o Mr. Roy Slope, President, R.D. 1, Box 156, Monument, Pennsylvania 16822.

4. The Regional administrator of EPA Region III ("Regional Administrator") is a duly authorized representative of the EPA with delegated authority to act for the Administrator in enforcing the Act.

5. On December 24, 1975, EPA promulgated the regulations at 40 C.F. R. Part 141 pursuant to Section 1412 of the Act, 42 U.S.C. Section 300g-1. EPA amended the regulations on July 9, 1976.

6. The regulations apply to "public water systems"." A "public water system" is defined by the regulations at 40 C.F.R. Section 141.2( e) to mean "a system for the provision to the public of piped water for human consumption, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least 60 days out of the year."

7. Defendant, Monument, supplies and has supplied, at all times pertinent, piped water to approximately 50 service connections which provide water to approximately 200 persons on a year-round basis. ++EP++

Page 3

8. The Monument water system is a public water system as defined by the regulations.

9. At all times pertinent herein, the Defendant has owned and operated its water system in Monument, Centre County, Pennsylvania in the middle judicial district of Pennsylvania.

10. Defendant obtains its water from a surface water stream.

11. Defendant was and is required by 40 C.F.R. Part 141 to conduct monitoring and sampling for pollutants including, but not limited to turbidity, organic chemicals, inorganic chemicals, microbiological contaminants and radioactive contaminants.

12. Subpart B of 40 C.F.R. Part 141 provides maximum contaminant levels ("MCL's") for the pollutants listed in paragraph 11, above, which are not to be exceeded by public water systems.

13. Defendant was and is required by 40 C.F.R. Section 141.31 to report the results of monitoring and sample analysis to EPA within 40 days of testing.

14. Defendant was and is required by 40 C.F.R. Section 141.31 to report to EPA within 48 hours any failure to perform the sampling required by the regulations. ++EP++

Page 4

15. Defendant was and is required by 40 C.F.R. Section 141.32 to notify persons served by the system of any failure to comply with an applicable MCL and any failure to perform the sampling and monitoring required by the regulations within three months of such failure. Such notice must be repeated so long as such failure continues.

16. The commonwealth of Pennsylvania does not have a State safe drinking water program approved by EPA.

CLAIM FOR RELIEF

17. Based on information available to EPA, the Regional Administrator has determined that the Defendant has not been granted a variance or exemption and is and has been in violation of the regulations.

18. Defendant has been repeatedly advised by EPA of the requirements of the Safe Drinking Water Act and the National Interim Primary Drinking Water Regulations.

19. Defendant has failed to sample and analyze for microbiological contaminants monthly from the time of the effective date of the regulation, June 24, 1977, to date. These failures were willful violations of 40 C.F.R. Section 141.21. ++EP++

Page 5

20. Defendant has failed to sample and analyze for turbidity on a daily basis, since the effective date of the regulation, to the present time. These failures were willful violations of 40 C.F.R. Section 141.22.

21. Defendant has failed to sample and analyze for inorganic chemicals by June 24, 1978 and yearly thereafter. These failures were willful violations of 40 C.F.R. Section141.23(a).

22. Defendant has failed to sample and analyze for organic chemicals by June 24, 1978. This failure was a willful violation of 40 C.F.R. Section 141.24(a)(1).

23. Defendant has failed to sample and analyze for radioactive contaminants by June 1980. This failure was a willful violation of 40 C.F.R. Section 141.26(a).

24. Defendant has failed to notify EPA within 48 hours of its failures to comply with the sampling and analysis requirements stated in paragraphs 19 through 23. The failures to give notice to EPA were willful violations of 40 C.F.R. Section 141.31(b). ++EP++

Page 6

25. Defendant has failed to notify the persons served by the water system of its failures to perform sampling and monitoring for microbiological contaminants, turbidity, inorganic chemicals, organic chemicals, and radioactive contaminants. These failure were willful violations of 40 C.F.R. Section 141.32.

26. The Defendant by violating the regulations also violated the Act.

27. Unless relief is granted by this Court, Defendant will continue to violate the National Interim Primary Drinking Water Regulations and the Safe Drinking Water Act in the operation and ownership of the Monument water system.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff, United States of America, prays that:

a. The Defendant be permanently enjoined under Section 1414 of the Safe Drinking Water Act, 42 U.S.C. Section300g-3, and the Court's general equity power, from operating the Monument water system except in accordance with the Safe Drinking Water Act and the regulations promulgated pursuant thereto;

b. The Defendant be ordered to perform the necessary testing and monitoring for turbidity, organic chemicals, inorganic chemicals, microbiological contaminants and radioactive contaminants as expeditiously as possible, to report the results of said testing and monitoring the EPA as expeditiously as possible, and to take such other affirmative ++EP++

action as is necessary to operate the Monument water system in compliance with the Safe Drinking Water Act and the regulations promulgated pursuant thereto.

Page 7

c. That the Court order the Defendant to pay a penalty to the Plaintiff of $5,000 per day of violation;

d. That the Court order that the Plaintiff recover from the Defendant the cost of this action; and

e. That the Court grant such other relief as the Court deems just and proper.

Respectfully submitted,

/s/ Carol E. Dinkins

CAROL E. DINKINS

Assistant Attorney General

Land and Natural Resources

Division

United States Department of

Justice

/s/

United States Attorney

Middle District of Pennsylvania

/s/ Ralph W. Siskind

Ralph W. Siskind

Attorney

Environmental Protection Agency

Region III

Philadelphia, Pennsylvania

/s/ Paul J. Schaeffer

Paul J. Schaeffer

Attorney

Environmental Enforcement Section

Land and Natural Resources

Division

United States Department of

Justice ++EP++

Memorandum

Subject United States V Monument Water Assoc.

Date Feb. 3, 1983

Civil No. 83-0142

Ralph W. Sisking Esq.

Environmental Protection Agency

6th & Walnut streets

Philadelphia, PA 19106

From Robert J. Nolan:gs

Asst. U.S. Attorney

P.O. Box 309

Scranton, PA 18501

With reference to the above-captioned matter, enclosed please find copy of file-stamped Complaint. ++EP++

PERKIOMEN VALLEY PRESERVATION

DOC 03 OF 03

ORDER TO SHOW CAUSE WITH ATTACHMENTS

03-83-C011

SDWA

MISC

19831107

19840411

PAD980829089

(NO FACILITY NAME)

LANSDALE, PA

83-4787

03

ORDER TO SHOW CAUSE WITH ATTACHMENTS IN U.S. V. PERKIOMEN VALLEY P RESERVATION SOCIETY, INC.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION NO. 83-4787

UNITED STATES OF AMERICA, Plaintiff

v.

PERKIOMEN VALLEY PRESERVATION SOCIETY, INC., Defendant

ORDER TO SHOW CAUSE

Upon the Affidavit of Gary Naumick and attachments, and upon the motion of Edward S.G. Dennis, Jr., United States Attorney for the Eastern District of Pennsylvania, it is

Ordered that Perkiomen Valley Preservation Society, Inc., appear before the United States District Court for the Eastern District Court for the Eastern District of Pennsylvania, in Courtroom 16B on the 18th day of April 1984, at 10 a.m., to show cause why it should not be held in contempt of the Consent Decree as Ordered by this Court on November 3, 1983. It is further

Ordered that a copy of this Order, the Petition, the Affidavit, the supporting Memorandum and proposed Order be served upon Perkiomen Valley Preservation Society, Inc., William Eardley, President, by an agent of the United States on or before the 13th day of April , 1984.

4/11/84

(ILLEGIBLE)

/s/ (ILLEGIBLE)

United States District Judge

Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION NO. 83-4787

UNITED STATES OF AMERICA, Plaintiff

v.

PERKIOMEN VALLEY PRESERVATION SOCIETY, INC., Defendant

MOTION FOR ORDER TO SHOW CAUSE WHY DEFENDANT PERKIOMEN VALLEY PRESERVATION SOCIETY, INC., SHOULD NOT BE HELD IN CONTEMPT

The United States of America, by its attorneys, represents the following:

1. On September 30, 1983, Plaintiff filed a Motion for a Preliminary Injunction and complaint against defendant addressing several alleged violations of the Safe Drinking Water Act, 42 U.S.C. Section 300 et seq.

2. On October 13, 1983 a Stipulation was signed by the parties and ordered by this Court which states at paragraph 1: "P.V.P.S. agrees to replace the water distribution system and sewage collection system and add an appropriate water treatment filter located at Maranatha Park, Marlborough Township, Montgomery County, Pa." and which further states at paragraph 4: "Construction on the system shall begin by November 3, 1983 and be completed by February 1, 1984." ++EP++

Page 2

3. On November 3, 1983, this Court approved and ordered a Consent Decree. The specific construction projects required pursuant to this Consent Decree were outlined in paragraphs II.1,A,B,C, and D. The Consent Decree also provided that:

(a) Defendant would "Provide an appropriate water treatment facility that will consistently reduce iron and magenese levels to less than 0.3 and 0.05 mg/l. respectively in drinking water delivered to the consumers," pursuant to paragraph II.1.B.

(b) Defendant would "Begin construction of the four projects outlined in paragraphs A, B, C and D above no later than November 3, 1983 and complete all construction described and referred to in this Consent Decree no later than February 1, 1984," pursuant to paragraph II.1.E.

(c) Defendant would "Have samples of the water in the present Water Distribution System analyzed by a certified laboratory for the presence of Coliform bacteria three times weekly. . . . The results of these analyses shall be submitted immediately after analyses to EPA Region III," pursuant to paragraph III.I.G.

(d) Defendant would "Continue to provide an alternate source of potable water to residents which meets all federal standards until such time as a permanent source of potable water which meets all federal standards is available to each residence," pursuant to paragraph II.1. H. ++EP++

Page 3

(e) Defendant would "By November 3, 1983 provide a letter of credit or other satisfactory evidence of financial ability to meet all the obligations under this agreement," pursuant to paragraph II.1.I.

(f) Defendant would "If any event occurs which causes or may cause delays in the achievement of any task . . . notify EPA . . . immediately. Such notification to EPA shall be in writing and shall describe in detail . . . the anticipated length of the delay; the precise cause or causes of the delay; the efforts taken and to be taken . . . to prevent or minimize the delay; the timetable by which those measures will be implemented; the date by which the task will be achieved; and the description of any future tasks which could be affected by the delay. Such submission shall not excuse the obligation of the defendant to comply with the timetable set forth in this Decree," pursuant to paragraph II.2.

(g) Defendant would "In the event it fails to achieve any task by the dates specified . . . agree to pay a stipulated penalty to plaintiff for each day it exceeds the deadline date for the task. Plaintiff is not limited in any way in the enforcement of the task dates, except that plaintiff agrees that defendant's civil monetary penalty payment for violations of these dates shall be $1,000 per day per violation . . ." pursuant to paragraph II.6.

4. Despite these specific orders, defendant has performed the following acts in defiance of the express direction of the Court and the Consent Decree: ++EP++

Page 4

(a) failed to provide treatment for iron and mangenese in the water treatment facility;

(b) failed to finish the required construction on or before February 1, 1984 and the required construction remains incomplete;

This violation is compounded by the fact that no construction was done in February, 1984 and very little construction was accomplished in March. No explanation has been offered for this delay.

(c) failed to submit some of the samples or documentary information concerning the results of this sampling of the water in the present Water Distribution System;

(d) failed to provide an alternate source of potable water to residents. This violation is compounded by the fact that residents went for week long time periods without any source of water at all.

(e) failed to provide a letter of credit or other satisfactory evidence of financial ability. Attached as Exhibit 1 is a letter received from counsel for defendant dated December 28, 1983 which refers to the Letter of credit requirement. To date this is the only response to this obligation.

(f) failed to provide written notification of any delay of the completion of the progress. Attached as Exhibit 2 is a letter received from counsel for defendant dated January 24, 1984 referring to potential delays. ++EP++

Page 5

Wherefore, based upon the affidavit of Gary Naumick, attached hereto, and the allegations set forth above, plaintiff respectfully requests that this Court enter the attached Order to Show Cause why defendant Perkiomen Valley Preservation Society, Inc., should not be held in contempt; and that this court, after a hearing enter an Order adjudging the above defendant in contempt of this Court's Order and the Consent Decree, and imposing a fine in an amount of $1,000.00 per violation per day.

Respectfully submitted,

/s/ F. Henry Habicht

F. HENRY HABICHT, II

Assistant Attorney General

Land and Natural Resources Division

United States Department of Justice

/s/ Edward S.G. Dennis, Jr.

EDWARD S.G. DENNIS, JR.

United States Attorney

/s/ Margaret L. Hutchinson

MARGARET L. HUTCHINSON

Assistant United States Attorney ++EP++

Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION NO. 83-4787

UNITED STATES OF AMERICA, Plaintiff

v.

PERKIOMEN VALLEY PRESERVATION SOCIETY, INC., Defendant

MEMORANDUM OF LAW IN SUPPORT OF PETITION FOR ORDER TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE HELD IN CONTEMPT

The plaintiff seeks to hold defendant in civil contempt and has moved for the imposition of a penalty of $1,000 per day. Paragraph II. 6 of the Consent Decree entered between the parties states:

6. In the event that defendant fails to achieve any task by the dates specified above and by the dates set forth in the plan approved pursuant to the paragraph above, for the installation of the Water Distribution System, Sewage Collection System, and Water Treatment System, defendant agrees to pay a stipulated penalty to plaintiff for each day they exceed the deadline date for the task. Plaintiff is not limited in any way in the enforcement of the task dates, except that plaintiff agrees that defendant's civil monetary penalty payment for violations of these dates shall be $1,000 per day per violation. Said payments shall be assessed and enforced only upon motion to the court which approves this Decree. Plaintiff and Defendant agree that the court may in its discretion impose a fine of less than $1,000 per day or no fine for violations deemed to be ++EP++

deminimus or solely due to acts of God and not through any fault or delay attributable to defendant.

Page 2

Payments accruing pursuant to the terms of this paragraph shall be made to: United States Treasury, c/o United States Attorney's Office, 601 Market Street, Philadelphia, Pennsylvania 19106 (check made out to the United States Treasury).

Given the facts of defendant's failure to comply with this Court's Order and the Consent Decree, these penalties are required.

Wherefore, plaintiff seeks entry of the show cause order.

F. HENRY HABICHT, II

Assistant Attorney General

Land and Natural Resources Division

United States Department of Justice

/s/ Edward S. G. Dennis Jr

EDWARD S.G. DENNIS, JR.

United States Attorney

/s/ Margaret L. Hutchinson

MARGARET L. HUTCHINSON

Assistant United States Attorney ++EP++

Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION NO. 83-4787

UNITED STATES OF AMERICA, Plaintiff

v.

PERKIOMEN VALLEY PRESERVATION SOCIETY, INC., Defendant

DECLARATION OF GARY NAUMICK

I, Gary Naumick, being duly sworn, hereby state as follows:

1. I am employed by the United States Environmental Protection Agency as an environmental engineer. Included in my job duties is a review of the property and sampling records of defendant in this case.

2. On December 20, 1983, I visited the property owned by defendant located in Marlborough Township, Montgomery County, Pennsylvania which is the subject of this case. At that time only approximately 15% of the required construction was completed by defendant.

3. On January 18, 1984, I again visited this property and at that time only approximately 30% of the required construction was completed. ++EP++

Page 2

4. On February 29, 1984, I visited this site again and defendant had only completed approximately 50% of the required construction.

5. During my February 29, 1984 inspection, residents told me and Mr. Eardley, President of PVPS, Inc. confirmed that the construction work had stopped on February 3, 1984 and had not resumed as of my inspection on February 29, 1984.

6. On March 30, 1984, I once again visited the site and defendant had only completed approximately 65% of the required construction.

7. I have reviewed the water samples submitted by defendant and nine of the samples submitted between December 8, 1983 and March 28, 1984 showed the presence of Coliform bacteria. Coliform bacteria is an indicator of potential unsafe water.

8. On February 29, 1984 I inspected the water treatment facility and determined that the iron and mangenese removal systems had been removed. On March 30, 1984 I observed that these systems were still dismantled.

9. Through my investigation I have learned that many of the residents of the property have been without water in their homes intermittently throughout the length of the construction work at times for intervals up to 14 days.

10. Through my investigation I have learned that the alternate source of potable water has been either frozen or emptied at numerous times throughout the length of the construction leaving some residents without any water at all. ++EP++

Page 3

11. I have never received written notification from the defendant regarding any anticipated delays in the construction at this property.

12. In my view, the items listed above constitute not only violations of the Consent Decree but are also potential public health hazards.

I certify under penalty of perjury that the foregoing is true and correct.

/s/ Gary Naumick

GARY NAUMICK

April 6, 1984 ++EP++

Page EXH-1-1

law offices.

hamburg, rubin, mullin & maxwell

a professional corporation

800 east main street

lansdale, pa. 19446-3098

(215) 368-3600 file no. 7967-140

gerald hamburg

edward rubin

j. edmund mullin

j. scott maxwell

steven h. lupin

david kraut

mark s. harris

michael e. fingerman

peter m. hileman

douglas i. zeiders

December 28, 1983

Margaret L. Hutchinson, Esquire

Assistant United States Attorney

Eastern District of Pennsylvania

3310 United States Courthouse

Independence Mall West

601 Market Street

Philadelphia, PA 19106

Re: United States v. Perkiomen Valley Preservation Society, Inc., Civil Action No. 83-4787

Dear Ms. Hutchinson:

After receipt of your request I spoke with Bill Eardley of Perkiomen Valley Preservation Society who provided me with the following information:

1. PVPS has retained a state-certified water system operator, namely Donald Jones of Wastex, who has a Class A license number W1021.

2. According to Bill Eardley, Mr. Jones has been providing results of the water tests to EPA to an individual named Harold Byer.

3. Finally, rather than a Letter of Credit, $50,000.00 has been loaned by Donald J. Neilson on behalf of Providence Builders, Inc. to Perkiomen Valley Preservation Society and that money has been deposited into the account of Perkiomen Valley Preservation Society with American Bank and Trust Company.

Mr. Eardley did indicate to me that because of the substantial amount of rock that is being encountered, there may be a delay in meeting the deadline. I told him to assess the situation as best he could and let me know what the extent of the delay, if any, will be as quickly as possible. ++EP++

Page EXH-1-2

I should note that I spoke with him before the Christmas holiday, and since we have run into this bitter cold spell, I doubt that much outside work can be done because of the temperature and the hardness of the ground.

If you need any further information on this, don't hesitate to contact me.

I did note that the information that you requested in your letter to David Kraut on November 29, 1983, was apparently submitted by Bill Eardley on December 5 to Dave, but I guess in preparing for his relocation of office he failed to get this to you.

Very truly yours,

HAMBURG, RUBIN, MULLIN & MAXWELL

By: /s/ (ILLEGIBLE)

J. Edmund Mullin

JEM:ps ++EP++

law offices

hamburg, rubin, mullin & maxwell

a professional corporation

800 east main street

lansdale, pa. 19446-3098

(215) 368-3600 file no. 7967-140

gerald hamburg

edward rubin

j. edmund mullin

j. scott maxwell

steven h. lupin2

david kraut

mark s. harris-368 3600

michael e. fingerman

peter m. hileman

douglas i. zeiders

January 24, 1984

Office of the United States Attorney

3310 U. S. Court House

601 Market Street

Philadelphia, PA 19106

Re: United States of America v. Perkiomen Valley Preservation Society

Attention: Margaret L. Hutchinson, Esq.

Dear Ms. Hutchinson:

As you will recall, I discussed with you early in December the fact that Perkiomen Valley Preservation Society (PVPS) would probably not be able to meet the February 1, 1984 deadline because of weather conditions.

I would appreciate if you would consider this letter as a formal request to extend the completion date until March 15, 1984.

The reason for the request is that upon commencement of construction it was determined that the underlying rock strata was hard red shale which is difficult to deal with and slowed down construction. In addition and more importantly than this, is the fact that we have had unseasonably cold weather. The frost prevents digging in areas where there are no trees to give shade and the frost has gone deep into the ground. This causes equipment break downs and the work is generally slower. The laborers do not work as fast in cold weather and this is partly because of the cumbersome clothing that they must wear.

We are unable to do anything about this condition because it is an act of God. We have attempted to get larger equipment which would not break down but found that this is impossible because of the narrow confines within which the work must be done. ++EP++

Page EXH-2-2

An additional problem is that no one knows where the existing lines are located and part of the Order is that the individual residents are to be kept supplied with water and whenever an existing line is broken, work has to stop until a repair is made to keep everyone supplied with water.

Work was done on the day before Christmas and the Monday after Christmas and the Monday after New Year's. There has been no slow down other than that caused by the rock condition and the weather.

The E.P.A. engineer has witnessed the problems on various inspections and hopefully will agree that the conditions are beyond our control

We would request that no Motion be made to the Court for additional fines because the problems are acts of God beyond our control. We expect that the balance of the work will be done more quickly because the most difficult portion of the task has been completed. Approximately 50% of the work has been done with respect to quantity but the areas that were worked in are much more difficult than the areas to be worked in. A connection has been made to the main source of water and direct lines are going to some of the residents. The chlorinator has been installed, and it is tested three times a week, and even those residents receiving water through the old pipes have clean water. We would like to remove the portable tank because of the freezing problems and because everyone at this time is receiving clean water.

I would appreciate if you would discuss this with the others involved and respond to me concerning our request.

Thank you for your cooperation.

Very truly yours,

HAMBURG, RUBIN, MULLIN & MAXWELL

By: /s/ J. Edmund Mullin

J. Edmund Mullin

JEM:ph ++EP++

Page EXH-2-3 CERTIFICATE OF SERVICE

I hereby certify that service of the within Order to Show Cause was made upon:

Mark S. Harris, Esquire

Hamburg, Rubin, Mullin and Maxwell

800 East Main Street

Landsdale, Pa. 19446-3098

by mailing a true and correct copy thereof, postage prepaid, on this 10th day of April, 1984.

/s/ Margaret L. Hutchinson

MARGARET L. HUTCHINSON

Assistant United States Attorney ++EP++

PERKIOMEN VALLEY PRESERVATION

DOC 02 OF 03

CONSENT DECREE

03-83-C011

SDWA

MISC

19831107

19831107

PAD980829089

(NO FACILITY NAME)

LANSDALE, PA

83-4787

03

CONSENT DECREE FOR U.S. v. PERKIOMEN VALLEY P RESERVATION SOCIETY, INC.

Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION NO. 83-4787

UNITED STATES OF AMERICA, Plaintiff

v.

PERKIOMEN VALLEY PRESERVATION SOCIETY, INC., Defendant

CONSENT DECREE

I. WHEREAS, plaintiff, United States of America (the "USA") on behalf of the Administrator of the Environmental Protection Agency ("EPA") has filed a Complaint and Motion for Preliminary Injunction against defendant Perkiomen Valley Preservation Society, Inc. ("PVPS") alleging violations of the National Interim Primary Drinking Water Regulations ("NIPDWR"), 40 C.F.R. Part 141, promulgated pursuant to the Safe Drinking Water Act ("SDWA"), 42 U.S.C. Section 300f et seq.; and

Whereas, PVPS is a Pennsylvania Corporation doing business in the Eastern District of Pennsylvania with offices at 800 East Main Street, Lansdale, Montgomery County, Pennsylvania; and ++EP++

Page 2

Whereas, PVPS is the owner of record of property located in Marlborough Township, Montgomery County, Pennsylvania, known as Maranatha Park; and

Whereas, PVPS is the owner and operator of a public water system subject to the provisions of the Safe Drinking Water Act, 42 U.S.C. Section 300(f) et seq. and a sewage treatment plant at the Maranatha Park property; and

Whereas, a complaint for relief under 42 U.S.C. Section 300(f) et seq. was filed on September 30, 1983 for Injunctive Relief and a fine concerning these violations of the statute. Said complaint states claims upon which relief may be granted against PVPS under Sections 1414, 1431 and 1415 of the Safe Drinking Water Act, 42 U.S.C. Sub-Section 300(g-3), 300(i) and 300(j-4). This Court has jurisdiction of the subject matter of this action, pursuant to 28 U.S.C. Section 1345 and 42 U.S.C. Section 300(g-3) and 300(i) and has personal jurisdiction of the defendant.

II. NOW THEREFORE, before the taking of any testimony upon the pleadings, and upon consent of the parties by their attorneys and authorized officials, and in an effort to resolve this matter constructively, and without the time and expense of litigation, it is ordered, adjudged and decreed:

1. In order to remedy and alleviate the imminent and substantial endangerment to health and the environment presented by the water distribution system and sewage collection ++EP++

system presently in use at Maranatha Park, Marlborough Township, Montgomery County, as alleged by the Environmental Protection Agency ("EPA"), defendant agrees to the following:

Page 3

A) Replace the water distribution system and sewage collection system at Maranatha Park, Marlborough Township, Montgomery County, Pennsylvania in a manner to be approved by EPA Region III. The water distribution system to the cottage area will be replaced in its entirety from the well head through the treatment equipment, to and including the distribution lines shown on the plan submitted by PVPS on October 19, 1983. The water distribution and sewage collection systems will be located as indicated on the plans submitted by PVPS on October 19, 1983. Both water and sewer lines will be installed below the frost line. Water and sewer lines will, whenever technically possible, be installed in separate trenches. When separate trenches are not possible, the sewage lines will be placed in a "benched" trench at least 18 inches below the water lines.

B) Provide an appropriate water treatment facility that will consistently reduce iron and manganese levels to less than 0.3 and 0.05 mg/1. respectively in drinking water delivered to consumers; plan to be approved by EPA Region III.

C) Submit to EPA Region III and the United States Attorney's Office by October 19, 1983, the specific engineering plans for the construction projects outlined in paragraphs A and B above, such plans to be signed by a Registered ++EP++ Professional Engineer.

Page 4

PVPS agrees to follow the guidelines of the "Recommended Standards for Water Works", published by the Great Lakes - Upper Mississippi River Board of Sanitary Engineers. EPA retains the right to review, modify as necessary, and approve this plan. Any corrections, modifications or reviews of these plans by EPA must be submitted to PVPS on or before October 31, 1983. These revisions shall be presumed valid between the parties and deemed accepted by PVPS unless PVPS petitions the court for a resolution of the issue on or before November 2, 1983. In resolution of such petition, PVPS shall have the burden of proving by clear and convincing evidence that the request of EPA was unreasonable to achieve the desired result. A copy of the final plan shall be submitted to the court and made a

part of the consent decree marked as Exhibit 1.

D) Submit an engineering plan signed by a Registered Professional Engineer to EPA Region III and the United States Attorney's Office by October 19, 1983 for installation of a new water distribution system to service the "Ranchers, Lodges and Institute" at Maranatha Park. EPA retains the right to review, modify as necessary, and approve this plan. Any corrections, modifications or reviews of these plans by EPA must be submitted to PVPS on or before October 31, 1983. These revisions shall be presumed valid between the parties and deemed accepted by PVPS unless PVPS petitions the court for a resolution of the issue on or before November 2, ++EP++ 1983.

Page 5

In resolution of such petition, PVPS shall have the burden of proving by clear and convincing evidence that the request of EPA was unreasonable to achieve the desired result. A copy of the final plan shall be submitted to the court and made a part of the consent decree marked as Exhibit 2. Thereafter, commence construction of the water distribution system as approved by EPA by November 3, 1983, and

complete construction by February 1, 1984.

E) Begin construction on the four projects outlined in paragraphs A, B, C and D above no later than November 3, 1983 and complete all construction described and referred to in this Consent Decree no later than February 1, 1984.

F) Retain immediately a State certified water system operator to operate the existing chlorination equipment at Maranatha Park.

G) Have samples of the water in the present Water Distribution System analyzed by a certified laboratory for the presence of Coliform bacteria three times weekly. In the first week, one sample weekly to be taken from the residence designated as Rancher Number 2, one sample to be taken weekly from the residence described as Number 2 Azalea Drive, and one sample to be taken weekly from the residence closest in proximity to the chlorination system. On the alternate week one sample to be taken from one of the lodges and one sample to be taken from the Institute. The results of these analyses shall be submitted immediately after analysis to EPA Region III. ++EP++

Page 6

H) Continue to provide an alternate source of potable water to residents which meets all federal standards until such time as a permanent source of potable water which meets all federal standards is available to each residence.

I) By November 3, 1983 provide a letter of credit or other satisfactory evidence of financial ability to meet all the obligations under this agreement. Such document shall be sent to:

Office of the United States Attorney

3310 U.S. Courthouse

601 Market Street

Philadelphia, PA 19106

2. If any event occurs which causes or may cause delays in the achievement of any task in number 1 above, the defendant shall notify EPA at the address above, immediately. Such notification to EPA shall be in writing, and shall describe in detail, to the best knowledge of the defendant:

A) The anticipated length of the delay;

B) The precise cause or causes of the delay;

C) The efforts taken and to be taken by the defendant to prevent or minimize the delays;

D) The timetable by which those measures will be implemented;

E) The date by which the task will be achieved;

F) The description of any future tasks which could be effected by the delay. Such submission shall not excuse the obligation of the defendant to comply with the timetable set forth in this Decree. ++EP++

Page 7

3. The defendant agrees that EPA, Pennsylvania Department of Environmental Resources ("DER") and their authorized representatives shall have the right to venture onto and upon the Maranatha Park site which is the subject of this Decree for the purpose of carrying out any inspections and conducting any tests which the EPA or DER believe are necessary to insure that the purposes of this Decree are implemented.

4. Defendant shall pay to the United States Attorney for the Eastern District of Pennsylvania by check or checks made payable to the United States of America, $8,000 by October 13, 1984 in lieu of a fine for the violations of the Safe Drinking Water Act outlined in the complaint.

5. This Decree constitutes a full settlement between defendant and plaintiff as to the claims contained in the Complaint. This Decree only addresses violations of the Safe Drinking Water Act at the Maranatha Park, Marlborough Township, Montgomery County, Pennsylvania site. Defendant understands that this consent decree in no way obviates PVPS's obligation and responsibility to comply with any and all federal, state, county or township statutes, regulations or laws.

6. In the event that defendant fails to achieve any task by the dates specified above and by the dates set forth in the plan approved pursuant to the paragraph above, for the installation of the Water Distribution System, Sewage Collection System, and Water Treatment System, defendant ++EP++

agrees to pay a stipulated penalty to plaintiff for each day they exceed the deadline date for the task.

Page 8

Plaintiff is not limited in any way in the enforcement of the task dates, except that plaintiff agrees that defendant's civil monetary penalty payment for violations of these dates shall be $1,000 per day per violation. Said payments shall be assessed and enforced only upon motion to the court which approves this Decree. Plaintiff and Defendant agree that the court may in its discretion impose a fine of less than $1,000 per day or no fine for violations deemed to be deminimus or solely due to acts of God and not through any fault or delay attributable to defendant. Payments accruing pursuant to the terms of this paragraph shall be made to: United States Treasury, c/o United States Attorney's Office, 601 Market Street, Philadelphia, Pennsylvania 19106 (check made out to the United States Treasury).

7. The parties to this Decree agree that the Court retains jurisdiction of these matters for the purpose of enabling any party to the Decree to apply for any further orders that may be needed to construe, carry out, modify, terminate or enforce compliance with the terms of this agreement.

8. This Court shall retain jurisdiction of this matter until one full year after completion of all tasks defined and set forth in the above paragraphs of this Decree to the satisfaction of plaintiff, except that this Court shall retain jurisdiction for as long as is necessary thereafter to resolve any disputes concerning liability for stipulated penalties under paragraph 6 hereto. ++EP++

Page 9

9. Nothing contained in this Decree shall limit the right of plaintiff to commence a new action to enforce any obligation arising out of this Decree, after the termination of this Decree.

Approved for Entry Without Further Notice.

/s/ William Eardley

WILLIAM EARDLEY, President

Attorney for PVPS

UNITED STATES OF AMERICA

By: /s/ F. Henry Habicht,

F. HENRY HABICHT, II

Acting Assistant Attorney General

Land and Natural Resources Division

U.S. Department of Justice

Washington, D.C. 20530

By: /s/ Courtney M. Price

COURTNEY M. PRICE

Special Counsel for Enforcement

U.S. Environmental Protection Agency

Washington, D.C.

By: /s/ Edward S. G. Dennis

EDWARD S. G. DENNIS, JR.

United States Attorney

By: /s/ Margaret L. Hutchinson

MARGARET L. HUTCHINSON

Assistant United States Attorney

By: /s/ Jed Z. Callen

JED Z. CALLEN

Attorney for the Environmental

Protection Agency, Region III

Philadelphia, Pennsylvania

APPROVED AND SO ORDERED:

THIS 3rd DAY OF November, 1983

/s/ (ILLEGIBLE) ++EP++

Page 10

PICTURE/DIAGRAM/ILLUSTRATION OMITTED

Page 11

PICTURE/DIAGRAM/ILLUSTRATION OMITTED

Page 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION NO. 83-4787

UNITED STATES OF AMERICA

v.

PERKIOMEN VALLEY PRESERVATION SOCIETY, INC.

CIVIL JUDGMENT

AND NOW, this 3rd day of July, 1984 in accordance with the oral Findings of Fact and Conclusions of Law delivered by the Court, and the terms of the consent decree entered into by the parties, and it appearing that no just reason for delay exists, it is ORDERED that judgment be and the same is hereby entered in favor of the plaintiff, United States of America and against the defendant, Perkiomen Valley Preservation Society, Inc., in the amount of Two Hundred and Seventy Thousand dollars ($270,000.00) as penalty provided for in the consent decree in this action.

It is further ORDERED that this judgment shall not affect plaintiffs' right to seek additional penalties for the remaining outstanding claims.

BY THE COURT:

/s/ (ILLEGIBLE)

ATTEST:

@CLERK OF COURT ++EP++

PERKIOMEN VALLEY PRESERVATION

DOC 01 OF 03

COMPLAINT

03-83-C011

SDWA

MISC

19831107

19830930

PAD980829089

(NO FACILITY NAME)

LANSDALE, PA

83-4787

03

COMPLAINT WITH ATTACHMENTS IN U.S. V. PERKIOMEN VALLEY P RESERVATION SOCIETY, INC.

Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION NO. CA 83-4787

UNITED STATES OF AMERICA, Plaintiff,

vs.

PERKIOMEN VALLEY PRESERVATION SOCIETY, INC. Defendant.

COMPLAINT

Plaintiff, the United States of America, by its undersigned attorneys and at the request of the Administrator of the United States Environmental Protection Agency (the "EPA"), brings this action against the above-named Defendant, and alleges that:

JURISDICTION

1. This is a civil action for injunctive relief concerning an imminent and substantial endangerment to human health and for the recovery of civil penalties from the defendant, Perkiomen Valley Preservation Society, Inc. (the "PVPS"), for violations of the national interim primary drinking water regulations (the "regulations") promulgated pursuant to the Safe Drinking Water Act (the "Act"), 42 U. S.C. Section 300f et seq., by the Administrator of EPA to protect the public health. ++EP++

Page 2

2. This Court has jurisdiction over this action under 28 U.S.C. Sub-Section 1345 and 1355 and under Sub-Section 1414 and 1431 of the Act, 42 U.S.C. Sub-Section 300g-3 and 300i.

3. PVPS is a corporation doing business in the Eastern District of Pennsylvania with a last known address of 800 East Main Street, Lansdale, Pennsylvania, 19446.

FOR A FIRST CAUSE OF ACTION

4. The Regional Administrator of Region III of EPA is a duly authorized representative of EPA, with delegated authority to act for the Administrator in enforcing the Safe Drinking Water Act, 42 U.S.C.5 Section 300f et seq.

5. On December 24, 1975, EPA promulgated the regulations at 40 C.F. R. Part 141 pursuant to Section1412 of the Act, 42 U.S.C. Section 300g-1. EPA amended the regulations on July 9, 1976, and August 27, 1980. The regulations specify maximum contaminant levels, monitoring and analytical requirements, reporting and record keeping requirements, and public notification requirements.

6. The Commonwealth of Pennsylvania does not have a state safe drinking water program approved by EPA; therefore, pursuant to Section1414(a)(2) of the Act, 42 U.S.C. Section 300g-3(a)(2), the plaintiff may commence this action.

7. At all times pertinent herein PVPS has owned and operated a public water system subject to the Act and the regulations promulgated thereunder in Maranatha Park, Montgomery County, Pennsylvania. ++EP++

Page 3

8. Said system is a "public water system" and a "community water system" as defined in Section 1401(4) of the Act, 42 U.S.C. 300f(4) and 40 C.F.R. Section 141.2(e)(i) respectively and serves a population of approximately 80 persons including young children on a year-round basis.

9. PVPS, in August, September, and October, 1982, and March and August, 1983, and at other times, had available for delivery to users in its system and did willfully deliver water which exceeded the maximum contaminant level for microbiological contaminants in violation of 40 C.F.R. Section141.14(a). In March, 1983, if not at other times as well, fecal coliform bacteria were present in the water delivered to persons using the water system.

10. PVPS, in August, September, and October, 1982, and March, 1983, and at other times, willfully failed to take "check samples" for bacteria after its monthly samples showed violations of the maximum level for microbiological contaminants, in violation of 40 C.F.R. Section 141.21 (d)(1).

11. PVPS in August, September, and October, 1982, and March, 1983, and at other times, willfully failed to notify EPA and the public of its failure to comply with the microbiological contaminant level in those months in violation of 40 C.F.R. Section 141.21(f).

12. PVPS in the operation of its public water system willfully failed to perform sampling and analysis for inorganic ++EP++

chemicals by June 24, 1982 as required by 40 C.F.R. Section141.23, and willfully failed to report such failure to EPA or to the public as required by 40 C.F.R. Sub-Section 141.31-32.

Page 4

13. PVPS has consistently delivered water to consumers that is unpalatable and unhealthful in that it contains more suspended solids and is more turbid than would be permitted for a drinking water supply using surface water sources in whole or in part pursuant to 40 C.F.R. Section 141.13. Such turbitity interferes with disinfection and microbiological determinations, and renders the water unfit for human consumption.

14. PVPS has consistently delivered water to consumers that exceeds the recommended secondary maximum contaminant levels for iron and manganese pursuant to 40 C.F.R. Section 143.3. These contaminants render the water unpalatable and lessen its usefulness and attractiveness for cooking, cleaning, and personal hygienic purposes.

15. EPA has not granted PVPS a variance from the regulations pursuant to Section 1415 of the Act, 42 U.S.C. Section 300g-4.

16. EPA has not granted PVPS an exemption from the regulations pursuant to Section 1416 of the Act, 42 U.S.C. Section 300g-5.

17. PVPS's failure to comply with the regulations was and is willful. Willful failure to comply violates Sub-Section 1414(b) and (c), and 1445 of the Act, 42 U.S.C. Sub-Section 300g-3(b) and (c), and 300j-4. ++EP++

Page 5

18. Unless relief is granted by this Court, PVPS will continue to violate the regulations and the Act in the operation and ownership of its public water system.

FOR A SECOND CAUSE OF ACTION

19. Plaintiff repeats and realleges the allegations contained in paragraph 1-18 as if set forth verbatim herein.

20. On March 4, 1983, the Administrator of EPA issued an Emergency Administrative Order pursuant to Section 1431 of the Act, 42 U.S.C. Section 300i (a copy of this Order is attached hereto as attachment A, and is incorporated by reference herein), based upon a finding that the contaminants in PVPS's public water supply may present an imminent and substantial endangerment to the health of consumers served by the system. In this Order, the Administrator ordered PVPS, among other things, to provide the persons served by the system with an alternate source of potable drinking water until such time as the primary supply consistently met the quality standards of the regulations and to submit within 30 days of receipt of the Order a proposed plan and schedule for bringing the water supply system into compliance with the Act and regulations as previously requested in a letter to PVPS dated October 14, 1982 (a copy of the letter is attached hereto as Attachment B and incorporated by reference herein).

21. PVPS has complied with that portion of the Order requiring it to furnish an alternate water supply by furnishing the residents of Maranatha Park with a single tanker of potable ++EP++ water.

Page 6

However, PVPS has willfully failed to comply with that portion of the Order requiring it to submit to EPA a proposed plan and schedule for bringing the public water supply system into compliance with the Act

and the regulations.

22. PVPS's failure to comply the Administrator's Order was and is willful. Willful failure to comply violates Section 1431 of the Act, 42 U.S.C. Section 300i.

23. The temporary water supply described above has been the sole source of potable water available to the residents of Maranatha Park for bathing, washing, cooking and drinking for approximately six months. This temporary supply is wholly inadequate to meet the permanent needs of the residents of Maranatha Park.

24. The contaminants present in and likely to enter PVPS's public water system may present an imminent and substantial endangerment to the health of the residents of Maranatha Park within the meaning of Section 1431 of the Act, 42 U.S.C. Section 300i.

25. Unless relief is granted by this Court, PVPS will continue to violate the Emergency Order issued by the Administrator in the operation and ownership of its public water system.

WHEREFORE, the plaintiff, United States of America, prays that:

a. PVPS be enjoined under Sub-Section 1414 and 1431 of the Safe Drinking Water Act, 42 U.S.C. Sub-Section 300g-3 and 300i, and the Court's general equity power, from operating said water system except in accordance with the Act and the regulations promulgated pursuant thereto; ++EP++

Page 7

b. PVPS be ordered to immediately submit to EPA for approval a plan and schedule for the expeditious installation of the necessary control equipment to bring its water system into compliance with the Act and the regulations and to take such other affirmative action as is necessary to operate said water system in compliance with the Act, the regulations promulgated pursuant thereto and the Administrator's Emergency Order.

c. The Court order the defendant to pay a penalty to the plaintiff of $5000 per day for each violation of the Act, the regulations promulgated pursuant thereto and the March 4 Emergency Order as provided in Sub-Section 1414(b) and (c), 1431 and 1445 of the Act, 42 U.S.C. Sub-Section 300g-3(b) and (c), 300i and 300j-4.

d. The Court order that the plaintiff recover from PVPS the cost of this action; and

e. The Court grant such other and futher relief as the Court deems just and proper.

Respectfully submitted,

/s/ F. Henry Habicht

F. HENRY HABICHT, II

Acting Assistant Attorney General

Land and Natural Resources Division

Washington, D.C. 20530

/s/ Edward S. G. Dennis

EDWARD S. G. DENNIS, JR.

United States Attorney

Philadelphia, Pennsylvania ++EP++

By: /s/ (ILLEGIBLE)

Assistant United States Attorney

Philadelphia, Pennsylvania

/s/ W Ronald Bonds

W. RONALD BONDS

Environmental Enforcement Section

Land and Natural Resources Division

10th & Pennsylvania Ave., N.W.

Washington, D.C. 20530

(202) 633-4079

/s/ Jed Z. Callen

JED Z. CALLEN

U.S. Environmental Protection Agency

Office of Regional Counsel

Curtis Building

6th & Walnut Streets

Philadelphia, PA 19106 ++EP++

Page ATT-1-A-1 BEFORE THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III Curtis Building 6th and Walnut Streets Philadelphia, Pennsylvania 19106

IN THE MATTER OF:

Perkiomen Valley Preservation Society, Inc.

P.O. Box 185

Hereford, Pa. 18056

PROCEEDINGS UNDER SECTION

1431(a)(1) of the SAFE DRINKING

WATER ACT, 42 U.S.C.

Section 300i(a)(1)

EMERGENCY ADMINISTRATIVE ORDER

The following findings are made and ORDER issued pursuant to the authority vested in the Administrator of the Environmental Protection Agency (hereinafter "EPA") under Section 1431 of the Safe Drinking Water Act, 42 U.S.C. Section 300i.

FINDINGS

1. Perkiomen Valley Preservation Society, Inc. (hereinafter "PVPS") owns and operates a public drinking water supply system at Maranatha Park, Montgomery County, Pennsylvania, which system is subject to the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq., and the National Interim Primary Drinking Water Regulation 40 C.F.R. Part 141 promulgated pursuant thereto.

2. EPA is in receipt of information that contaminants present in the PVPS public water supply may present an imminent and substantial endangerment to the health of consumers served by your system. Specifically, samples run by PVPS itself have indicated coliform bacteria counts of 14, 10 and 35 times the applicable standard (40 C.F. R. Section 141.14); and recent reports by consumers indicate that the water supplied varies from brown to black in color, contains considerable suspended matter, and exudes a foul odor.

3. Appropriate State and local authorities have not acted to protect the health of such persons in this matter.

ORDER

1. Perkiomen Valley Preservation Society, Inc. (Maranatha Park) shall immediately provide an alternative source of potable drinking water to all consumers currently served by the system, in sufficient quantity for all reasonable domestic uses, and at no additional cost to such consumers.

ATTACHMENT 1-A ++EP++

Page ATT-1-A-2

2. The alternate source of drinking water shall be in the form of bottled water, or one or more tank trucks of water from an approved potable water source; which bottled or bulk water shall be of sufficient quality to comply with National Interim Primary Drinking Water Regulations, 40 C.F.R. Part 141, and shall be provided in a location or locations, and in a manner convenient to the consumers.

3. PVPS shall immediately advise all residents of the Maranatha Park community of the availability of the alternative water supply through hand delivered written notice delivered to each occupied residence in the community. A copy of the notice given to residents must also be provided by PVPS to the EPA Region III, Water Supply Branch (3WM40) at 6th and Walnut Streets, Philadelphia, Pa. 19106.

4. PVPS must continue to provide the alternative source of potable water until such time as the EPA Region III Water Supply Branch certifies in writing that the primary water supply available to consumers at Maranatha Park consistently meets the quality standards of the National Interim Primary Drinking Water Regulations, 40 C.F.R. Part 141 (published at 47 Fed. Reg. 10998 et seq., March 12, 1982).

5. Within 30 days of receipt of this Order, PVPS must provide to U. S. EPA Region III at the above address, a proposed schedule for bringing the public water supply system at Maranatha Park into compliance with the Act and the Regulations, as requested in our letter of October 14, 1982.

Your failure to comply with the Act and its Regulations or this Order may subject you to the following potential liabilities:

1. A civil penalty of up to $5,000 for each day of violation of a National Interim Primary Drinking Water Regulation, 40 C.F.R. Part 141, pursuant to Section 1414(b) of the Act, 42 U.S.C. Section 300g-3(b).

2. A criminal penalty of not more than $5,000 per day of willful violation or refusal to comply with this Order, pursuant to Section 1431(b) of the Act, 42 U.S.C. 300i-(b).

Issued this 4th day of March, 1983.

Anne M. Burford

Administrator

U.S. Environmental Protection Agency ++EP++

Page ATT-1-B-1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 6TH AND WALNUT STREETS PHILADELPHIA, PENNSYLVANIA 19106

#1460026

October 14, 1982

Mr. Newman Shaulis, President

Upper Perkiomen Valley Preservation Soc., Inc.

Box 63

Green Lane, PA 18054

Dear Mr. Shaulis:

An inspection of the drinking water facilities of the Upper Perkiomen Valley Preservation Society, Inc., (Society) sometimes known as Maranatha Park, was performed on August 11, 1982. Individuals present during all or part of the inspection were Mr. Harold Byer, U.S. EPA and Mr. Buck Glassey, groundkeeper of the Society facilities.

The inspection was initiated by EPA due to resident complaints about the quality of the drinking water delivered at some of the water taps. The Federal Drinking Water Regulations cover water supplies serving greater than 25 individuals or serving greater than 15 connections. On the day of the inspection, Mr. Glassey stated that seventy (70) cottages and three (3) ranch houses were occupied and using water from the water supply

As a result of my inspection, there are a few major concerns I have that should assist you in substantially improving the quality of drinking water you are providing to the residents of your facility. These concerns are the integrity of the distribution system, disinfection, sampling and treatment.

You should replace the water distribution system. It was obvious from the water main break I observed during my visit, that the poor quality of the water distribution system is contributing to water quality problems at the consumer water tap. Residents have also complained that there are numerous water main breaks. The observations of the writer that the water pipes are in poor condition and buried only approximately 12" underground would substantiate their claim. Additionally, due to broken water pipes caused by frozen ground during winter weather, a public health problem could develop because of lack of an adequate water supply.

Please be advised that State rules require you to maintain a disinfectant residual in the drinking water at all times. The free disinfectant residual should be measured at various points in the distribution system and should be maintain at a level of not less than 0.2 mg/1.

ATTACHMENT 1-B ++EP++

Page ATT-1-B-2

There have been reports of complaints about the excessive calorine smell and taste in the water at intermittent times. Complaints such as this indicate your failure to manage your water system properly to meet drinking water quality criteria. The importance of proper plant operation cannot be over-stressed. Regardless of how well a water treatment facility is planned and designed, it serves little purpose if not properly operated and managed. The basic processes commonly used in water treatment are few, and monitoring of performance is quite easy. If done correctly and regularly, the operation will be efficient and economical.

I discussed with Mr. Glassey the possibility of the Society obtaining a chlorine residual test kit. The kits are readily available from firms which specialize in the manufacture of water testing materials. The test kit should be used to determine the amount of free disinfectant residual available to kill any bacteria present in the water. A kit can be purchased for approximately $30 from HACH Chemical Co., 496 N. Kings Highway, Suite 202, Cherry Hill, New Jersey 08034. Phone numbers are (609) 428-5750 or (800) 257-8395. Swimming pool test kits are not acceptable.

Earlier in this report, I mentioned planning and design of water systems. It appears that any effort towards planning and design for your system has been haphazard at best and there are serious discrepancies in the water system that should be corrected in order to improve water quality.

You should provide water treatment at the well to remove the reddish brown particulate matter (probably iron deposits) from the water as it is pumped from the ground. Water treatment in this case should be in the form of filtration, softening or any other treatment method that will render the raw water clear and palatable for human consumption. Of course, disinfection should be included in the treatment process.

Your facility is currently in violation of the National Drinking Water Regulation for failure to sample the water for Inorganic chemical content prior to June 24, 1982. You are required to notify the consumers in writing and submit proof of the Public Notification to this office. I am enclosing a copy of the EPA Notification handbook as assistance in preparing the required notice. The notification should be made to the consumers and a copy sent to my attention within 30 days after the date of this letter. I am also enclosing a copy of the water monitoring requirements for a facility such as yours and a copy of the EPA approved laboratory list.

I recommend you obtain the services of a reputable engineering firm to upgrade (ILLEGIBLE) water system to acceptable standards to include the things mentioned in this (ILLEGIBLE).

Please provide to me within 30 days after receipt of this report a written plan regarding how and within what time frame you plan to upgrade the water system and the Society.

It is my desire to assist you in any way possible in order that you can provide a clear, safe, palatable water to the residents of your facility. From our inspection it is clear that you must undertake swift corrections to achieve this goal. ++EP++

Page ATT-1-B-3

Please contact me at (215) 597-3527 immediately to discuss this situation.

Very truly yours,

/s/ Harold G. Byer

Harold G. Byer

District Engineer, S.E.

Pennsylvania Section

Water Supply Branch (3WM43)

Enclosure

cc: Mr. Luchie - PA. DER

Mr. Erdley

Mr. Neilson

Mr. Glassey

PA. Dept. of Health

Mr. Collings - EPA, Legal Branch

Case File - EPA Enforcement ++EP++

Page ATT-1-C-1

MLH:1cm

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION NO.

UNITED STATES OF AMERICA, Plaintiff

v.

PERKIOMEN VALLEY PRESERVATION SOCIETY, INC. Defendant

ORDER TO SHOW CAUSE

Upon consideration of the Motion of the United States of America for Preliminary Injunction, it is hereby ORDERED that defendant Perkiomen Valley Preservation Society, Inc. shall appear before this Court on the day of 1983, in Courtroom , and show cause, if any therebe, why a Preliminary Injunction should not be issued in the form proposed by the United States of America. The United States of America is hereby directed to serve copies of the Complaint, Preliminary Injunction, Motion and supporting documents and this Order by certified mail, return receipt requested upon Perkiomen Valley Preservation Society, Inc. within five (5) days of the date of this Order.

BY THE COURT: ++EP++

Page ATT-1-D-1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION NO.

UNITED STATES OF AMERICA, Plaintiff

v.

PERKIOMEN VALLEY PRESERVATION SOCIETY, INC. Defendant

O R D E R

Upon consideration of the Motion of the United States for a preliminary injunction and responses thereto, and having reviewed the pleadings and affidavits submitted in support and in opposition to this motion it is hereby ordered that:

1. The respondent, Perkiomen Valley Preservation Society, Inc., and any officers, agents, servants, employers, and attorneys, and any persons in active concert or participation with respondent are preliminarily enjoined from violating the Safe Drinking Water Act (the "Act") 42 U.S.C. Section 300f et seq., and the national interim primary drinking water regulations (the "regulations") promulgated pursuant thereto, 40 C.F.R. Part 141.

2. The respondent, Perkiomen Valley Preservation Society, Inc. shall immediately submit a written plan and schedule ++EP++

for installing the equipment necessary to bring its public water supply system at Maranatha Park, Pennsylvania, into compliance with the Act and regulations to the Administrator of Region III of the Environmental Protection Agency for his approval.

Page ATT-1-D-2

3. A penalty of 5000.00 per day be imposed for each day defendant fails to submit the plan as described in paragraph 2 above.

4. Respondent, Perkiomen Valley Preservation Society, Inc. shall permit entry onto the premises of Maranatha Park, Pennsylvania, by duly authorized representatives of the Environmental Protection Agency to determine whether respondent is acting in compliance with the Act and this Order.

5. This Order shall continue in effect until modified by further order of this Court.

Entered this day of , 1983. ++EP++

Page ATT-1-E-1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION NO.

UNITED STATES OF AMERICA, Plaintiff

v.

PERKIOMEN VALLEY PRESERVATION SOCIETY, INC. Defendant

MOTION FOR PRELIMINARY INJUNCTION

Plaintiff, the United States of America, by its undersigned attorneys, for and on behalf of the Administrator of the United States Environmental Protection Agency, hereby moves this Court, pursuant to Rule 65 of the Federal Rules of Civil Procedure, for a preliminary injunction requiring that the defendant:

1. Comply with the Safe Drinking Water Act (the "Act"), 42 U.S.C. Section 300f et seq., and the national interim primary drinking water regulations (the "regulations") promulgated pursuant thereto, 40 C.F.R. Part 141.

2. Comply immediately with the Emergency Administrative Order issued by the Administrator of the Environmental Protection Agency on March 4, 1983, by submitting a written plan and schedule for expeditiously installing the equipment necessary to bring its ++EP++

public water supply system at Maranatha Park, Pennsylvania, into compliance with the Act and regulations to the Administrator of Region III of the Environmental Protection Agency.

Page ATT-1-E-2

3. Pay a penalty of $5000 per day for each day the defendant fails to submit the plans as described above.

4. Take such other action as the Court may deem reasonable and appropriate, including, but not limited to ordering respondent to permit EPA inspectors to enter the premises to determine whether respondent is complying with the act and this order.

The plaintiff's motion is based on the grounds and evidence more fully set out in its Memorandum of Points of Authorities in Support of Motion for Preliminary Injunction, filed herewith. Those grounds include the following:

1. The defendant owns and operates a public community water system, as defined in 40 C.F.R. Section 141.4(e)(i), at Maranatha Park, Montgomery County, Pennsylvania, which serves a population in excess of 80 persons on a year-round basis and is subject to the Act and the regulations promulgated thereunder.

2. Defendant had available to users of its system, and did willfully deliver to users, water which exceeded the maximum contaminant level for microbiological contaminants, in violation of the primary drinking water regulations, 40 C.F.R. Section 141.14(a).

3. Defendant has in the operation of its public water system willfully violated numerous other provisions of the primary drinking water regulations, 40 C.F.R. Part 141. ++EP++

Page ATT-1-E-3

4. The operation of defendant's public water system in violation of the primary drinking water regulations, specifically the maximum contaminant level for microbiological contaminants, 40 C.F.R. Section 141.14(a), presents an imminent and substantial endangerment to the health of persons served by the water system as defined in Section 1431 of the At, 42 U.S.C. Section 300(i).

5. The residents of Maranatha Park who are served by the defendant's water supply system have no adequate alternative source of water. The limited temporary supply, provided by the defendant, is insufficient to meet the temporary or permanent needs of residents of Maranatha Park.

6. These violations and the resultant imminent and substantial endangerment to health will continue unless this Court enters a preliminary injunction.

WHEREFORE, plaintiff respectfully prays that this Court enters a preliminary injunction, sought herein.

Respectfully submitted, /s/

Edward S.G. Dennis

EDWARD S.G. DENNIS, JR.

United States Attorney

Philadelphia, Pennsylvania ++EP++

By: Margaret L. Hutchinson

MARGARET L. HUTCHINSON

Assistant United States Attorney

Philadelphia, Pennsylvania

W. RONALD BONDS

Environmental Enforcement Section

Land and Natural Resources Division

10th & Pennsylvania Ave., N.W.

Washington, D.C. 20530

(202) 633-4079

/s/ Jed Z. Callen

JED Z. CALLEN

U.S. Environmental Protection Agency

Office of Regional Counsel

Curtis Building

6th & Walnut Streets

Philadelphia, PA 19106 ++EP++

Page ATT-1-F-1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION NO.

UNITED STATES OF AMERICA, Plaintiff

v.

PERKIOMEN VALLEY PRESERVATION SOCIETY, INC. Defendant

MEMORANDUM IN SUPPORT OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION Introduction

This is an action seeking immediate injunctive relief to remedy an imminent and substantial endangerment to public health caused by the defendant's improper operation of a public water system in Maranatha Park, Montgomery County, Pennsylvania. The defendant has consistently provided water to the residents of Maranatha Park which exceeds the maximum contaminant level for microbiological contaminants found in the national interim primary drinking water regulations, 40 C.F.R. Part 141, promulgated pursuant to the Safe Drinking Water Act, 42 U.S.C. Sub-Section 300(f) et seq. Pursuant to Section 1431 of the Safe Water Drinking Act, 42 U.S.C. Section 300i, plaintiff seeks an injunction requiring the defendant ++EP++

to submit a written plan and schedule for installation of the necessary control equipment to bring the defendant's public water system into compliance with the Safe Drinking Water Act and the regulations promulgated thereunder.

Page ATT-1-F-2 1. STATUTORY BACKGROUND

The defendant, Perkiomen Valley Preservation Society, Inc., (the "PVPS") owns and operates a public drinking water supply and sewage system for a large real estate holding in Marlborough Township, Montgomery County, Pennsylvania known as Maranatha Park. The part consisting of approximately 120 small wooden cabins (about 250 square feet each) and several large buildings, was formerly a summer bible camp. In 1980, PVPS was incorporated and began selling and leasing the cabins to individuals as condominiums. Since that time, the residents have continuously experienced serious problems relating to inadequate construction and operation of the sewer and water systems.

The Safe Drinking Water Act, 42 U.S.C. Sub-Section 300f et seq., (the "Act") provides for a comprehensive regulatory framework to insure that water supply systems serving the public meet minimum national standards for the protection of public health. The Act requires the Administrator of the Environmental Protection Agency (the "EPA") to adopt primary and secondary drinking water regulations, 42 U.S.C. Section 300g-1. ++EP++

Page ATT-1-F-3

Section 1412 of the Act provides for the adoption of the primary drinking water regulations in two phases, 42 U.S.C. Section 300g-1. The first set to be promulgaged are the national interim "primary drinking water regulations" (the "regulations"). These are to be followed by the revised national primary drinking water regulations. At present, only the interim regulations have been promulgated.

On December 24, 1975, the EPA promulgated the national interim primary drinking water regulations which establish the maximum safe and permissible levels for organic and inorganic chemicals and for bacteriological contaminants in a public water system, 40 C.F.R. Sub-Section 141.11, 141.12 and 141.14. In addition, the regulations establish self-monitoring requirements, 40 C.F.R. Sub-Section 141.21-29, and reporting and recording requirements that public systems must meet, 40 C.F.R. Sub-Section 141.31, 141.33. The regulations also require a public water system to notify its customers if it violates specific regulations or obtains a variance or exemptions, 40 C.F.R. Section 141.32.

The regulations apply to public water systems defined in Section 1401 of the Act as, "a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves at least 20-25 individuals . . ." 42 U. S.C. Section 300f. The supply operated by PVPS defendant has approximately 70 service connections and regularly serves in excess of 80 members of the public and thus, ++EP++ is subject to the regulations.

Page ATT-1-1-F

The regulations divide public water systems into two categories, community water systems and non-community water systems. The PVPS system also meets the definition of a community water system which is defined as a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents, 40 C.F.R. Section 141.2(e)(i). Community water systems are subject to some requirements which non-community

systems do not have to meet.

II. FACTUAL BACKGROUND

PVPS has violated the provisions of the regulations which require self-monitoring, reporting to EPA and providing notice to the public of violations of the regulations. The most serious and health threatening of the violations is PVPS violation of the maximum level of bacteriological contaminants, 40 C.F.R. Section 141.14(a)(1). Water samples taken by PVPS, EPA, and residents of Maranatha Park during 1982 and 1983 indicate that, in at least six months of this twenty-two month period, PVPS delivered water to consumers which contains many times the maximum level of 1 colony of coliform bacteria per 100 ml of water./1/

((/1/ Because PVPS serves more than 25 but less than 1,001 persons it is required to take only one sample per month, 40 C.F.R. Section 141.21(b).)) ++EP++

Page ATT-1-F-5

On December 23, 1982, the Pennsylvania Department of Environmental Resources (the "Pa DER") issued an administrative order to PVPS pursuant to the State Clean Streams Act, 35 PA CONS. STAT. Sub-Section 691.1 - 691.1001 (Purdon 1977), which stated, inter alia; that the sewage treatment plant was not meeting its effluent limits, was not capable of doing so, was being improperly maintained and operated, and that the site contained several pools of sewage on the surface, and constituted a public health hazard and nuisance. In addition, a resident of Maranatha Park will testify that the sewer and water pipes are laid side by side in shallow trenches and thus, unprotected from freezing. This substandard distribution system combined with the inadequately handled sewage is a major source of the bacterial contamination of the water.

On March 4, 1983, EPA issued an Emergency Administrative Order (attachment 1) pursuant to Section 1431 of the Act, 42 U.S.C. Section 300i, ordering the defendant to, among other things, provide an alternative source of potable drinking water to all consumers served by the system and to submit to EPA within 30 days a proposed schedule for bringing the water supply system into compliance with the Act and regulations. This order was based upon samples taken by PVPS in August, September and October, 1982, indicating caliform bacteria counts of 14, 10 and 35 times the applicable standard. ++EP++

Page ATT-1-F-6

Samples taken by PVPS and EPA in March, 1983 and samples taken by EPA in August 1983 indicated colonies of coliform bacteria far in excess of amount allowed. One of the sample contained seven colonies of fecal coliform bacteria. An inspection of the facility on August 19, 1983 revealed that PVPS had not taken any steps toward installation of the equipment necessary to bring the water supply system into compliance with the regulations. Thus, PVPS continues to violate the March 4th, 1983 emergency order issued by the Administrator of EPA.

These continued findings of coliform bacteria in the water samples combined with inadequate sewage treatment and a substandard distribution system show cross-contamination of the water by sewage and represent a grave and immediate risk to human health. Even with the potable water supplied for drinking, residents face the danger of living without a safe, permanent, piped, water supply for bathing, cleaning, and cooking.

III. RELIEF SOUGHT

The United States seeks by a preliminary injunction, to require PVPS to submit to EPA a plan and schedule for the installation of the equipment necessary to remedy the inadequate water supply system and bring it into compliance with the Act and regulations. The plaintiff also requests that the Court impose a penalty of $5000 per day for each day PVPS is delinquent in submitting the plan and schedule or in meeting the interim and ++EP++ final deadlines established for the installation of the equipment necessary to bring the public water system into compliance with the Act and regulations.

Page ATT-1-F-7 IV. ARGUMENT a. THE COURT SHOULD ENTER A

PRELIMINARY INJUNCTION

The issuance of a preliminary injunction in this case is governed by the provisions of the Safe Drinking Water Act, 42 U.S.C. Section 300i, by Rule 65 of the Federal Rules of Civil Procedure and by Common law principles regarding the issuance of injunctive relief, as modified by the statutory scheme.

Section 1431 of the Act provides:

(a) Notwithstanding any other provision of this subchapter, the Administrator, upon receipt of information that a contaminant which is present in or is likely to enter a public water system may present an imminent and substantial endangerment to the health of persons, and that appropriate State and local authorities have not acted to protect the health of such persons, may take such actions as he may deem necessary in order to protect the health of such persons. . . . The action which the Administrator may take may include (but shall not be limited to) (1) issuing such orders as may be necessary to protect the health of persons who are or may be users of such system (including travelers), and (2) commencing a civil action for appropriate relief, including a restraining order or a permanent or temporary injunction. 42 U.S.C. Section 300i.

Pennsylvania has not required or received primacy under Section 1413 of the Act, 42 U.S.C. Section 300g-2, and therefore, EPA has ++EP++

primacy enforcement authority under the Act and regulations.

Page ATT-1-F-8

The traditional factors to be considered in determining whether a preliminary injunction should issue were enunciated in United States v. Price, 688 F.2d 204 (3d Cir. 1982):

Whether authorized by statute or traditional equitable powers, a request for preliminary equitable relief requires a court of equity to weigh several factors in the effort to determine whether the request should be granted. Hecht v. Bowles, supra. Among the factors which guide the exercise of the Court's equitable discretion are: "(1) the probability of irrepreable injury to the moving party in the absence of relief; (2) the possibility of harm to the non-moving party if relief is granted; (3) the likelihood of success on the merits; and (4) the public interest." Goldhaber v. Foley, 519, F. Supp. 466, 473 (E.D. Pa. 1981). Id. at 211.

In addition, the Court in Price indicated that endangerment provisions such as Section 1431 of the Act, 42 U.S.C. Section 300i, authorized the Courts to apply a more lenient standard than the traditional requirement that the plaintiff show threatened irreparable injury:

Indeed, these provisions have enhanced the courts' equitable powers by authorizing the issuance of injunctions when there is but a risk of harm, a more lenient standard than the traditional requirement of threatened irreparable harm. H.R. Rep. No. 96-191, 96th Cong., 1st Sess. at 45 (1979); H.R. Rep. No. 93-1185, 93d Cong., 2nd Sess. reprinted in 1974 U.S. Code Cong. Ad. News 6454, 6488. Id.

b. THERE IS A RISK OF HARM ++EP++ Page ATT-1-F-9

Without question the contaminants (fecal coliform bacteria) which are present in or likely to enter the Maranatha Park public water supply present "an imminent and substantial endangerment to the health of persons" residing in Maranatha Park prescribed by Section 1431 of the Act, 42 U.S.C. Section 300i. Contamination of drinking water with human sewage creates the imminent risk of a variety of water-borne illnesses to consumers, not infrequently of epidemic proportions. Despite the provision of alternate water supply by PVPS (one tank truck of potable water on-site) risks to the residents still exist since the water system must continue to operate in order to furnish water to showers and toilets in the cottages. Residents are forced to handcarry from a somewhat distant point every ounce of safe water they wish to use for personal hygiene, drinking, cooking, and dishwashing.

c. THE REQUESTED RELIEF WILL NOT BRING

SUBSTANTIAL HARM TO THE DEFENDANT

The technology for providing potable water, uncontaminated by sewage, is readily available. The expense of obtaining the equipment necessary to provide the residents of Maranatha Park with a safe supply of water is one of the ordinary and necessary cost of doing business as a housing developer. PVPS undertook an obligation to furnish safe and sanitary water and sewage facilities when it made the decisions to purchase and resell the units at Maranatha Park to the residents. ++EP++

Page ATT-1-F-10 d. THERE IS A HIGH PROBABILITY THAT

PLAINTIFF WILL PREVAIL ON THE MERITS

Section 1414(b) of the Act, 42 U.S.C. Section 300g-3(b) provides in pertinent part:

(b) The Administrator may bring a civil action in the appropriate United States district court to require compliance with a national primary drinking water regulation or with any schedule or other requirement imposed pursuant to a variance or exemption granted under section 300g-4 or 300g-5 of this title if --

(1) authorized under paragraph (1) or (2) of subsection (a) of this section

whenever the Administrator finds, during a period in which the State does not have primary enforcement responsibility, that a public water system violates any national primary drinking water regulations

The court may enter, in an action brought under this subsection, such judgment as protection of public health may require, taking into consideration the time necessary to comply and the availability of alternative water supplies; and, if the court determines that there has been a willful violation of the regulation or schedule or other requirement with respect to which the action was brought, the court may, taking into account the seriousness of the violation, the population at risk, and other appropriate factors, impose on the violator a civil penalty of not to exceed $5,000 for each day in which such violation occurs.

In this case there is no question that PVPS has violated the national interim primary drinking water regulations on numerous ++EP++ occasions.

Page ATT-1-F-11

The affidavit of Harold G. Byer, Jr. (attachment 2) demonstrates that PVPS has not only failed to take samples when required but has also delivered water to consumers which contains bacteria far in excess of the maximum level allowed by the interim primary drinking water regulations. In addition, PVPS has willfully failed to comply with

the March 4, 1983 Emergency Administrative Order issued by EPA.

e. PUBLIC INTERESTS

The public interest in providing a safe water supply is readily apparent. The residents of Maranatha Park must be allowed to live in an environment that is not riddled with disease. Their existence and dependency on bottled water has continued too long.

Congress has determined that violations of the Act may be enjoined by the courts. To protect public health and safety, plaintiff requests that a preliminary injunction be entered to bring defendant's unlawful behavior to an immediate end.

Respectfully submitted,

/s/ Edward S.G. Dennis, Jr.

EDWARD S.G. DENNIS, JR.

United States Attorney

/s/ Margaret L. Hutchinson

MARGARET L. HUTCHINSON

Assistant United States Attorney ++EP++

Page ATT-2-1

ATTACHMENT 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Civil Action No.

UNITED STATES OF AMERICA Plaintiff

v.

PERKIOMEN VALLEY PRESERVATION SOCIETY, INC. Defendant

AFFIDAVIT IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION

1. I, Harold G. Byer, Jr., am an engineer employed by the Water Supply Branch, Water Division, U.S. EPA, Region III. In this position I serve as the District Engineer for Southeastern Pennsylvania for purposes of implementing and enforceing the EPA administered Drinking Water Program for Pennsylvania. I have been employed in this capacity for six (6) years and have intimate knowledge of the implementation of the Safe Drinking Water Act (SDWA) in the Commonwealth of Pennsylvania. In fulfilling the responsibilities of this position, I have acquired personal and professional knowledge of the information that follows.

2. EPA Region III has primary enforcement responsibility for the implementation of the SDWA in Pennsylvania, since the State has declined to assume primary enforcement responsibility for the law at the present time. ++EP++

Page ATT-2-2

3. The SDWA and the National Interim Primary Drinking Water Regulations (NIPDWR) which implement it, 40 C.F.R. Part 141, require suppliers of water for community water systems to have water samples collected and analyzed periodically. The NIPDWR require sampling and analysis of the supplied water as follows: 1) for coliform bacteria, at least once per month, 40 C.F.R. Section 141.21; 2) for inorganic chemicals, once every three years, initial analysis to have been conducted by June 24, 1979, 40 C.F.R. Section 141.23, and 3) for radioactivity, once every four years, initial analysis to have been completed by June 24, 1980, 40 C.F.R. Section 144.26. All the analyses listed above are to be performed by an EPA-approved laboratory, pursuant to 40 C.F.R. Section 141.28.

The water supplier is required by 40 C.F.R. Section 141.31 to report the results of the sampling and analyses discussed above to EPA within 40 days.

The NIPDWR set federally enforceable standards, called Maximum Contaminant Levels (MCL's) for inorganic chemicals, Section 141.11; organic chemicals, Section 141.12; turbidity (for surface supplies), Section 141.13; microbiological contamination, Section 141.14; and for radio-activity, Sub-Section 141.15, 141.16. ++EP++

Page ATT-2-3

The SDWA and the NIPDWR, at 40 C.F.R. Section 141.32, require suppliers of water for community water systems to give the persons served by the water systems written notice of any failure to comply with its requirements, including sampling and analysis requirements.

4. My review of the drinking water inorganic analysis results sent to me by the Pennsylvania Department of Environmental Resources (PADER) by letter of November 20, 1981, indicated that a drinking water quality problem existed at the Perkiomen Valley Preservation Society (PVPS) facility.

5. By letter of January 26, 1982, I notified Mr. Donald Neilson whose name had appeared as probable owner of the PVPS system in the PADER letters of October and November, 1981, of the legal responsibility of the PVPS to begin monitoring the drinking water at the facility according to SDWA regulations. Mr. Neilson declined any responsibility toward PVPS.

6. The earliest PVPS water analysis results from an EPA certified laboratory were sent to EPA for the March 1982 monitoring period. ++EP++

Page ATT-2-4

7. Consumer complaints of water quality at PVPS prompted me to personally inspect the facility on August 11, 1982. I collected water samples during the inspection. Results of those samples indicated that the drinking water was in compliance with the NIPDWR drinking water standards.

8. Subsequent drinking water analysis results provided to EPA by residents at PVPS, however, indicated that the drinking water was frequently in violation of the NIPDWR MCL for bacterial contamination.

9. On February 24, 1983, based on several lab analyses performed by PVPS's contract lab showing bacterial contamination of up to 85 times the Federal standard (and also based on State inspection reports and citizen complaints about water quality), I verabally advised Mr. Eardley of PVPS to provide the residents at PVPS with an alternate uncontaminated source of drinking water. I thereafter immediately recommended that EPA follow-up with a formal Administrative Emergency Order. ++EP++

Page ATT-2-5

10. On March 4, 1983, EPA issued an Emergency Order to PVPS pursuant to the Safe Drinking Water Act, Section 1431, 42 U.S.C. Section 300i, which Order required PVPS to 1) supply residents with an alternative supply of clean potable water and 2) within 30 days to provide to EPA a proposed schedule for bringing the PVPS water supply system into compliance with the Safe Drinking Water Act and Regulations.

11. On March 8, 1983, at my request, EPA Annapolis Laboratory visited PVPS and took samples from the PVPS water supply distribution system. These samples were analyzed by EPA's Annapolis lab. The water analysis results indicated that the water supplied to residents was contaminated by bacteria. One sample in particular, taken at Rancher No. 2 (Bob and Sandy Locke) contained 33 times the NIPDWR Maximum Contaminant Level for bacteria, despite also containing an elevated level of chlorine, which is added to water to kill bacteria. Further analysis by the lab of this drinking water sample confirmed that some of the coliform bacteria organisms were, in fact, of the fecal coliform group. Fecal coliform bacteria contamination is a sure indication that the water sample has been contaminated by contact with feces. ++EP++

Page ATT-2-6

12. As a result of the EPA Order, PVPS has thus far supplied residents with an alternate source of potable water in the form of a tanker truck of water parked at the site. However, PVPS has not complied with the other important directive of the Emergency Administrative Order; submittal of a proposed schedule for bringing the water supply into compliance with the SDWA and regulations. On April 11, 1983, PVPS's attorney, Marc D. Jonas, submitted a response to the Order that contained no specific dates or plans for system improvement. To the best of my knowledge, PVPS has to date taken no concrete action to improve the water system.

13. Subsequent required analyses of PVPS water by PVPS's contract lab on March 17, 1983, indicated coliform bacteria contamination was present to the extent that the bacteria colonies on the test medium were "too numerous to count." EPA reminded PVPS by letter dated April 27, 1983 of its legal responsibility to notify the residents of water contamination pursuant to 40 C.F.R. Section 141.32 and to send a copy of the Notice to EPA. To date no confirmation of public notification has been received from PVPS. ++EP++

Page ATT-2-7

14. On August 15, 1983, I had EPA's contract laboratory collect and analyze another water sample from the PVPS system. The sample results confirm continued coliform bacteria contamination of 6 times the Federal drinking water standard (MCL).

15. On August 19, 1983 I again visited the PVPS service area and observed no apparent construction activity at the source of the water supply or in the distribution areas. I also observed an above-ground plastic water line supplying water service to the cabin at No. 7 Azalea Drive. This type of connection is inadequate because it is useless during subfreezing weather conditions and is vulnerable to damage from accidents or abuse.

16. It is my professional opinion that the water supply system at PVPS is not only in violation of the SDWA and regulations, but represents a significant risk to the health of the residents served. I believe that the risk continues to exist today despite the presence of a trucked-in alternate supply of drinking water, because of the possibility of ingestion of bacterially contaminated water during bathing, showering, dishwashing, or any other ++EP++ contact.

Page ATT-2-8

I also believe, based on their inaction during the past 5 months, that PVPS is not likely to make any corrections to the system without

the legal compulsion of a Court Order.

Date: 24 Aug 1983

/S/ Harold G. Byer, Jr.

Harold G. Byer, Jr.

Water Supply Branch

Water Division

U.S. EPA Region III

CERTIFICATION

Before me, a Notary of the County of Phila. on August 24, 1983, personally appeared Harold G. Byer and under oath stated that the facts stated in this affidavit are true and correct to the best of his knowledge and belief.

/S/ Marie E. Murphy

My commission expires:

MARIE E MURPHY

Notary Public, Phila., Phila. Co.

My Commission Expires April 27, 1987 ++EP++

OVAL-ORIOLE WATER ASSN

DOC 02 of 02

CONSENT DECREE

03-83-C008

SDWA

MISC

19830727

19830727

PAD980693519

(NO FACILITY NAME)

LIMESTONE TWNSP, PA

83-0528

03

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff,

v.

OVAL-ORIOLE WATER ASSOCIATION Defendant.

Civil Action No. 83-0528

CONSENT DECREE

Upon the pleadings and consent of the parties, it is ORDERED, ADJUDGED and DECREED:

1. Defendant, Oval-Oriole Water Association, is a non-profit corporation registered under the laws of the Commonwealth of Pennsylvania, and is the sole owner and operator of a water system located in Lycoming County, Pennsylvania.

2. Defendant's system obtains its water from surface sources, provides piped water for human consumption, has 15 or more service connections used by year-round residents and regularly serves 25 or more year-round residents. Defendant's system is a "public water system" and a "community water system " as defined in 40 C.F.R. Section 141.2 (e). ++EP++

Page 2

3. Defendant has been informed by the United States Environmental Protection Agency of the requirements of the Safe Drinking Water Act, 42 U.S.C. Sub-Section 300f et seq., and implementing regulations 40 C. F.R. Part 141.

4. Defendant has failed to comply with the provisions of 42 U.S.C. Sub-Section 300f et seq. and 40 C.F.R. Part 141.

5. This Court has jurisdiction of the subject matter and of the parties consenting hereto for purposes of entering this Consent Decree. The complaint states a claim upon which relief can be granted pursuant to the provisions of the Safe Drinking Water Act, 42 U.S.C. Sub-Section 300f et seq. and implementing regulations, 40 C.F.R. Part 141.

6. The provisions of this Consent Decree shall apply to and be binding upon the parties hereto, their respective elected and appointed officials, officers, directors, agents, servants, employees, sucessors, assigns and attorneys, and upon all those persons, firms and corporations acting under, through or for them, and upon those persons, firms and corporations in active concert or participation with them or who have actual or constructive notice of this Consent Decree by personal service or otherwise. ++EP++

Page 3

7. Defendant shall comply with the sampling and testing provisions of 40 C.F.R. Section 141.21(a) and (b) within 30 days of entry of this Decree. If the analysis of any samples taken pursuant to 40 C.F.R. Section 141.21(a) and (b) demonstrates an exceedance of the contaminant levels set forth in 40 C.F.R. Section 141.14, defendant shall comply with the provisions of 40 C.F.R. Section 141.21(d), 141.21(e) and 141.21(f).

8. Defendant shall comply with the sampling and testing provisions of 40 C.F.R. Section 141.22(a) within 30 days of entry of this Decree. If the analysis of any samples taken pursuant to 40 C.F.R. Section 141.21(a) demonstrates an exceedance of the contaminant levels set forth in 40 C.F.R. Section 141.13, defendant shall comply with the provisions of 40 C.F.R. Section 141.22(b).

9. Defendant shall comply with the sampling and testing provisions of 40 C.F.R. Section 141.23 (f) within 30 days of entry of this Decree. If the analysis of any samples taken pursuant to 40 C.F.R. Section 141.23(f) demonstrates an exceedance of the contaminant levels set forth in 40 C.F.R. Section 141.11, defendant shall comply with the provisions of 40 C.F.R. Section 141.23(b) and 141.23(c). ++EP++

Page 4

10. Defendant shall comply with the sampling and testing provisions of 40 C.F.R. Section 141.24(e) and (f) within 30 days of entry of this Decree. If the analysis of any samples taken pursuant to 40 C.F.R. Section 141.24(e) and (f) demonstrates an exceedance of the contaminant levels set forth in 40 C.F.R. Section 141.12, defendant shall comply with the provisions of 40 C.F.R. Section 141.24(b) and 141.24(c).

11. Defendant shall sample within 90 days for radium 226 and radium 228, test the samples according to the provisions of 40 C.F.R. Section 141.25 and sample and test quarterly thereafter for 3 succeeding quarters. If the analyses of these samples results in an average annual maximum contaminant level for total radium which exceeds the levels set forth in 40 C.F.R.Section 141.15, defendant shall comply with the provisions of 40 C.F.R Section 141.26(a) (4).

12. All sampling and analysis shall be conducted pursuant to procedures and requirements set forth in 40 C.F.R. Part 141. It shall be defendant's responsibility to ascertain and insure that all sampling and testing is properly conducted.

13. Defendant shall fully comply with the reporting provisions of 40 C.F.R. Section 141.3(b). ++EP++

Page 5

14. Defendant shall fully comply with the public notice provisions of 40 C.F.R. Section 141.32.

15. Defendant shall comply with the record maintenance provisions of 40 C.F.R. Section 141.33

16. For the period of 12 months following entry of this Decree, defendant shall by the tenth day of each month have mailed by certified mail to Leo Essenthier, Water Supply Branch, Region III, United States Environmental Protection Agency, 6th & Walnut Streets, Philadelphia, Pennsylvania 19106, or his successor, a statement identifying all sampling and analysis of defendant's water supply conducted during the preceeding month and setting forth the results of such analysis.

17. Defendant shall pay to the United States of America the sum of $500.00 within 30 days of entry of this Decree for past noncompliance. Payment shall be made by cashier's or certified check payable to the Treasurer of the United States and shall be delivered by hand or United States Mail to the United States Attorney for the Middle District of Pennsylvania. ++EP++

Page 6

18. If defendant fails to comply with the requirements of this Decree, it shall upon written demand by plaintiff pay a stipulated penalty in the following amounts for each day in violation:

Days of Violation Penalty Per Day

In Violation

1 to 10 days $25.00 More than 10 days $50.00

All penalties due under this paragraph shall be paid by cashier's or certified check payable to the Treasurer of the United States. The checks shall be delivered by hand or by United States Mail to the United States Attorney for the Middle District of Pennsylvania. All penalties shall be paid within 30 days from cessation of violation. If the violation is a continuous violation of more than 30 days, the payment shall be made at 30 day intervals commencing with the sixtieth day from commencement of the violation.

19. Notwithstanding the provisions of paragraph 17 or any other provision of this decree, the United States may seek specific compliance with the terms of this Decree, and the Safe Drinking Water Act and its implementing regulations. ++EP++

Page 7

20. This Decree is a settlement only of those issues raised in the Complaint. It shall not be interpreted to limit the right of the United States to take whatever steps may be necessary, including imposition of penalties, for any future non-compliance with the maximum contaminant levels set forth in Subpart B of 40 C.F.R. Part 141.

21. This Court shall retain jurisdiction over this matter and all disputes arising thereunder as may be necessary or appropriate for the construction or execution of this Consent Decree.

22. This Decree shall expire within one year from the date of entry of this Decree if the United States has not before that date notified the Court that defendant has not complied with the terms of this Decree or has not paid any penalties which may have become due under this Decree. Otherwise, this Decree shall expire one year after the last failure of defendant to comply with any provision of this Decree.

For Plaintiff, United States of America:

/s/

F. HENRY HABICHT, II

Acting Assistant Attorney General

Land & Natural Resources Division

United States Department of Justice

/s/

Date ++EP++

DAVID DART QUEEN

United States Attorney

By: /s/

JAMES J. WEST

First Assistant United States

Attorney

/s/ Paul J. Schaeffer

PAUL J. SCHAEFFER, Attorney

Land & Natural Resources Division

United States Department of

Justice

MICHAEL A. BROWN

Enforcement Counsel

United States Environmental

Protection Agency

Washington, D.C.

/s/

SHELDON M. NOVICK

Regional Counsel

United States Environmental

Protection Agency

Philadelphia, Pennsylvania

/s/

RALPH W. SISKIND, Attorney

Office of Regional Counsel

United States Environmental

Protection Agency

Philadelphia, Pennsylvania

For Defendant, Oval-Oriole Water

Association:

/s/

President

/s/

Date

Dated and entered this 20th day of July, 1982.

/s/

United States District Judge

(ILLEGIBLE)

Date

Donald R. Berry, Clerk Per

Deputy Clerk ++EP++

OVAL-ORIOLE WATER ASSN

DOC 01 of 02

COMPLAINT (PARTIALLY ILLEGIBLE)

03-83-C008

SDWA

MISC

19830727

19830425

PAD980693519

(NO FACILITY NAME)

LIMESTONE TWNSP, PA

83-0528

03

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff

v.

OVAL-ORIOLE WATER ASSOCIATION Defendant

CIVIL ACTION NO. 83-0528

COMPLAINT

Plaintiff, the United States of America, (ILLEGIBLE) undersigned attorneys, and at the request of the (ILLEGIBLE) Administrator, Region III, of the United States Environmental Protection Agency (EPA), brings this action against the above-named Defendant and alleges:

1. This is a civil action for injunctive relied (ILLEGIBLE) recover civil penalties from the Defendant, Oval-Oriole Water Association (Oval-Oriole) for violations of the National Interim Primary Drinking Water Regulations (the "regulations") promulgated for the protection of the public health pursuant to the Safe Drinking Water Act (the "Act") 42 U.S.C. Sub-Section 300f et seq.

2. This Court has juisdiction over this action pursuant to 28 U.S. C. Section 1345 and Section 1414 of the Act, 42 U.S.C. SectionSection 300g-3. ++EP++

Page 2

T3. Defendant is a non-profit corporation organized under the laws of the Commonwealth of Pennsylvania and has the business address R.D.

2, P.O. Box 789, Jersey Shore, Pennsylvania 17740.

4. The Regional administrator of EPA Region III ("Regional Administrator") is a duly authorized representative of the EPA with delegated authority to act for the Administrator in enforcing the Act.

5. On December 24, 1975, EPA promulgated the regulations at 40 C.F. R. Part 141 pursuant to Section 1412 of the Act, 42 U.S.C. Section 300g-l. EPA amended the regulations on July 9,(ILLEGIBLE)

6. The regulations apply to "public water systems". A "public water system" is defined by the regulations at 40 C.F.R. Section 141.2 (e) to mean "a system for the provision to the public of piped water for human consumption, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least 60 days out of the year."

7. Defendant, Oval-Oriole, supplies and has supplied, at all times pertinent, piped water to approximately 195 service connections which provide water to 800-1000 persons on a year-round basis. ++EP++

Page 3

(ILLEGIBLE) ++EP++

Page 4

15. Defendant was and is required by 40 C.F.R. Section 141.32 to notify persons served by the system of any failure to comply with an applicable MCL and any failure to perform the sampling and monitoring required by the regulations within three months of such failure. Such notice must be repeated so long as such failure continues.

16. The commonwealth of Pennsylvania does not have a State safe drinking water program approved by EPA.

CLAIM FOR RELIEF

17. Based on information available to EPA, the Regional Administrator has determined that the Defendant has not been granted a variance or exemption and is and has been in violation of the regulations.

18. Defendant has been repeatedly advised by EPA of the requirements of the Safe Drinking Water Act and the National Interim Primary Drinking Water Regulations.

19. Defendant has exceeded the applicable maximum contaminant level for microbiological contaminants for the months of July 1978, August 1978, January 1979 and January 1980; in violation of 40 C.F.R. 141.14.

20. Defendant has failed to sample and analyze for microbiological contaminants monthly from the time of the effective date of the regulation, June 24, 1977, to date except for the months of July, August and October 1978, January, April and November 1979 and January 1980. These failures were willful violations of 40 C.F.R. Sub-Section 141.21. ++EP++

Page 5

21. Defendant has failed to obtain and analyze check samples for the months of July and August 1978, January 1979 and January 1980. These failures were willful violations of 40 C.F.R. Section 141.21(d).

22. Defendant has failed to sample and analyze for turbidity on a daily basis, since the effective date of the regulation, to the present time. These failures were willful violations of 40 C.F.R. Section 141.22.

T23. Defendant has failed to sample and analyze for inorganic

chemicals by June 24, 1978 and yearly thereafter. These failures were willful violations of 40 C.F.R. Section 141.23(a).

24. Defendant has failed to sample and analyze for organic chemicals by June 24, 1978. This failure was a willful violation of 40 C.F.R. Section 141.24(a) (1).

25. Defendant has failed to sample and analyze for radioactive contaminants by June 1980. This failure was a willful violation of 40 C.F.R. Section 141.26(a).

26. Defendant has failed to notify EPA within 48 hours of its failures to comply with the sampling and analysis requirements stated in paragraphs 20 through 25. The failures to give notice to EPA were willful violations of 40 C.F.R. Section 141.31(b). ++EP++

HAMPDEN WATER CO. (W.B. TENNY)

DOC 02 OF 02

CONSENT DECREE

03-83-C007

SDWA

OTHER

19830727

19830727

PAD980693691

HAMPDEN WATER CO., INC.

RIDGELAND, PA

80-0647

03

CONSENT DECREE FOR U.S. v. HAMPDEN WATER COMPANY & WILLIAM B. TENNY & SHIRLEY A. TENNY

Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Civil Action No. 80-0647

UNITED STATES OF AMERICA, Plaintiff,

v.

WILLIAM B. TENNY, et al., Defendants.

ORDER AND JUDGMENT

This cause came on for trial and the Court, having heard the evidence and statement of counsel, finds the facts and states the conclusions of law as follows:

Findings of Facts and Conclusion of Law

1. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. Sub-Section 1345 and 1355 and Section 1414(b) of the Safe Drinking Water Act, 42 U.S.C. Section 300g-3(b). This Court has judicial jurisdiction over Defendants since they reside in or do business in this judicial district.

2. Defendants have owned and/or operated a public drinking water system located in the Ridgeland residential development subdivision in Hampden Township, Cumberland Country, Pennsylvania (hereafter referred to as "Ridgeland drinking water system"). ++EP++

Page 2

3. The Ridgeland drinking water system pipes water to approximately 75 homes and serves more than 25 people, but less than 1001 people, on a year-round basis.

4. Section 1401(4) of the Safe Water Act, 42 U.S.C. Section 300f-( 4), defines a "public water system" as a system that supplies piped domestic drinking water with at least 15 service connections or which regularly serves 25 individuals.

5. Section 1412(a) of the Safe Drinking Water Act, 42 U.S.C. 300g-( 1), requires the Administrator of the U.S. Environmental Protection Agency, hereinafter referred to as the "EPA," to promulgate national interim primary drinking water regulations for the protection of the public health, which are applicable to water systems.

6. On December 24, 1975 and July 9, 1976, the Administrator of the U.S. Environmental Protection Agency promulgated, pursuant to the Safe Drinking Water Act, 42 U.S.C. 300f-g(10), national interim primary drinking water regulations for the protection of the public health at 40 Fed. Reg. 59570 and 41 Fed. Reg. 28404, now codified at 40 C.F.R. Part 141.

7. The national interim primary drinking water regulations, 40 C.F. R. 141.2(e), define a "public water system" as a "system for the provision of piped water for human consumption, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least 60 days of the year." ++EP++

Page 3

8. The national interim primary drinking water regulations, 40 C.F. R. 141.2(e)(i), define a "community water system" as a "public water system" which "serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents."

9. Section 1401(5) of the Safe Drinking Water Act, 42 U.S.C. Section 300f(5), and the national interim primary drinking water regulations, 40 C.F.R. 141.2(i), define "supplier of water" as "any person who owns or operates a public water system."

10. The national interim primary drinking water regulations, 40 C. F.R. 141.11, 141.12, and 141.14, provide maximum contaminant levels for organic and inorganic chemicals and for coliform applicable to community water systems.

11. The national interim primary drinking water regulations, 40 C. F.R. 141.21(b), require suppliers of water for community water systems serving populations of 25-1000 persons to sample and analyze for coliform bacteria at least once per month.

12. The national interim primary drinking water regulations, 40 C. F.R. 141.23(a)(2), require suppliers of water for community water systems using only ground water sources to sample and analyze for inorganic chemicals by no later than June 24, 1979.

13. The national interim primary drinking water regulations, 40 C. F.R. 141.31(a), require suppliers of water for community water systems to report the results of any tests required by the regulations to the EPA within forty (40) days of the testing, where there is no EPA approved state program. ++EP++

Page 4

14. The national interim primary drinking water regulations, 40 C. F.R. 141.31(b), require suppliers of water for community water systems to report any failure on the part of such suppliers to comply with a provision of the regulations, including failure to perform the sampling required by the regulations, to the EPA within 48 hours, where there is no EPA approved state program.

15. The Commonwealth of Pennsylvania at no time relevant herein had a safe drinking water program approved by the EPA.

16. The national interim primary drinking water regulations, 40 C. F.R. 141.32(a), require suppliers of water for community water systems to give the persons served by the water system written notice of any failure to comply with its requirements, including sampling and analysis requirements.

17. The sampling and analysis requirements of the national interim primary drinking water regulations are important to the protection of the public health because they provide a basis for EPA and the public to verify whether the owners and/or operators of the public drinking water systems are in compliance with the maximum contaminant levels specified in said regulations.

18. The notice requirements of the national interim primary drinking water regulations are important to the protection of the public health because they alert EPA and the users of ++EP++

drinking water of the failure to sample and to report test results of sampling so that appropriate action can be taken to protect the public health.

Page 5

19. Section 1414(b) of the Safe Drinking Water Act, 42 U.S.C. Section 300g-3(b) provides in pertinent part as follows:

(b) The Administrator may bring a civil action in the appropriate United States district court to require compliance with a national primary drinking water regulation or with any schedule or other requirement imposed pursuant to a variance or exemption granted under section 300g-4 or 300g-5 of this title if --

(1) authorized under paragraph (1) or (2) of this section

whenever the Administrator finds, during a period in which the State does not have primary enforcement responsibility, that a public water system violates any national primary drinking water regulations

The court may enter, in an action brought under this subsection, such judgment as protection of public health may require, taking into consideration the time necessary to comply and the availability of alternative water supplies; and, if the court determines that there has been a willful violation of the regulation or schedule or other requirement with respect to which the action was brought, the court may, taking into account the seriousness of the violation, the population at risk, and other appropriate factors, impose on the violator a civil penalty of not to exceed $5,000 for each day in which such violation occurs.

20. Defendants are a "supplier of water" for the Ridgeland drinking water system, as that term is defined in the Safe Drinking Water Act and the national interim primary drinking water regulations. ++EP++

Page 6

21. Ridgeland drinking water system is a "public water system" under Section 1401(4) of the Safe Drinking Water Act, 42 U.S.C. Section 300f-(4), and is a "community water system" as defined in the national interim primary drinking water regulations, 40 C.F.R. 141.2(e)(i).

22. The Ridgeland drinking water system uses only ground water sources.

23. Defendants, as owners and/or operators of said water system, are in violation of the following requirements of the national interim primary drinking water regulations set forth above:

a. Defendants have violated 40 C.F.R. 141.21(b) by failing to sample and analyze for coliform bacteria on a monthly basis from the effective date of the regulation, June 24, 1977, to date.

b. Defendants have violated 40 C.F.R. 141.23(a)(2) by failing to sample for inorganic chemicals by June 24, 1979, and have not sampled for inorganic chemicals to date.

c. Alternatively, Defendants have violated 40 C.F.R. 141.31(a) by failing to report to EPA the results of any tests for organic and inorganic chemicals they may have performed within forty (40) days.

d. Defendants have violated 40 C.F.R. 141.31(b) by failing to notify EPA within forty-eight (48) hours of their failure to comply with the sampling and analysis requirements of the national interim primary drinking water regulations. ++EP++

Page 7

e. Defendants have violated 40 C.F.R. 141.32(a) by failing to notify the persons served by their drinking water system of their failure to comply with the sampling and analysis requirements of the national interim primary drinking water regulations.

24. Defendants have been notified repeatedly by EPA, Region III, by letter and in person, since 1977, of their obligations to comply with the aforesaid requirements of the national interim primary drinking water regulations and have chosen to ignore said notices and to violate said regulations.

25. Defendants' violations of the national interim primary drinking water regulations alleged above are "willful" under Section 1414(b) of the Safe Drinking Water Act, 42 U.S.C. Section 300g-3(b).

26. Unless injunctive relief is granted by this Court, Defendants will continue to violate the national interim primary drinking water regulations and the Safe Drinking Water Act in their ownership and operation of the Ridgeland drinking water system, thereby potentially endangering the public health of the users of that system.

RELIEF It is Ordered as follows:

1. A permanent injunction issue against Defendants from operating the Ridgeland drinking water system except in accordance with the Safe Drinking Water Act and regulations ++EP++

promulgated thereunder, and specifically, that Defendants be required to take the following steps at the Ridgeland drinking water system:

Page 8

a. To sample and analyze the drinking water for coliform bacteria once per month as required by 40 C.F.R. 141.21(b).

b. To sample and analyze the drinking water for inorganic chemicals as required by 40 C.F.R. 141.23(a)(2).

c. To report the results of the above tests to EPA, or the state once the state has an EPA approved safe drinking water program, within forty (40) days of the testing, as required by 40 C.F.R. 141.31(a).

d. To report any failure to comply with the national interim primary drinking water regulations within 48 hours to the EPA, or the state once the state has an EPA approved safe drinking water program, as required by 40 C.F.R. 141.31(b).

e. To notify the users of the Ridgeland drinking water system of any failure to comply with the requirements of the national interim drinking water regulations, as required by 40 C.F.R. 141.32(a).

2. Because of the potential for catastrophe, as well as the continuing threat to the health of the users of the water system and because of the flagrant and willful disregard of basic and simple measures to insure a safe water supply, a civil penalty of $25,000.00 ++EP++

is hereby assessed against the defendants, pursuant to the Safe Drinking Water Act and regulations promulgated thereunder.

Page 9

/s/ William W. Caldwell

William W. Caldwell

United States District Judge

Date: July 27, 1983 ++EP++

HAMPDEN WATER CO. (W. B. TENNY)

DOC 01 OF 02

COMPLAINT

03-83-C007

SDWA

OTHER

19830727

19800623

PAD980693691

HAMPDEN WATER CO., INC.

RIDGELAND, PA

80-0647

03

ORIGINAL COMPLAINT IN U.S. v. HAMPDEN WATER COMPANY & WILLIAM B. TENNY & SHIRLEY A. TENNY

Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Civil Action No.

UNITED STATES OF AMERICA, Plaintiff

v.

WILLIAM B. TENNY AND SHIRLEY A. TENNY, INDIVIDUALLY AND TRADING AS RIDGELAND WATER FACILITY,

AND

HAMPDEN WATER COMPANY, Defendants

COMPLAINT

Plaintiff, the United States of America, by its undersigned attorneys, and at the request of the United States Environmental Protection Agency, brings this action against the above-named Defendants and alleges:

1. This is a civil action pursuant to Section 1414(b) of the Safe Drinking Water Act, 42 U.S.C. Section 300g-3(b) for civil penalties and for a preliminary and permanent injunction against Defendants, William B. Tenny and Shirley A. Tenny, individually and trading as the Ridgeland Water Facility, and Defendant, Hampden Water Company, for their violations of the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq., and national interim primary drinking water regulations promulgated pursuant to the Safe Drinking Water Act by the Administrator of the Environmental Protection Agency.

2. This Court has jurisdiction over this action pursuant to 28 U.S. C. Sub-Section 1345 and 1355 and section 1414(b) of the Safe Drinking Water Act, 42 U.S.C. Section 300g-3(b).

3. Defendants William B. Tenny and Shirley A. Tenny are adult individuals residing in the Middle District of Pennsylvania ++EP++

and maintaining a business address at 2309 Market Street, Camp Hill, Pennsylvania 17011.

Page 2

These individuals own and operate a drinking water supply company in the Middle District of Pennsylvania at times under their individual names, at times under the name of Ridgeland Water Facility and at times under the name of Hampden Water Company.

4. Defendant Hampden Water Company is a corporation incorporated under the laws of Pennsylvania doing business as a drinking water supply company in the Middle District of Pennsylvania. Defendant William B. Tenny is president of Hampden Water Company.

5. This action is brought by the United States Department of Justice at the request of the Administrator, Environmental Protection Agency pursuant to Section 1450(f) of the Safe Drinking Water Act, 42 U.S.C. Section 300j-9(f).

6. At all times pertinent herein, the Defendants have owned and/or operated a public drinking water system located in the Ridgeland residential development subdivision in Hampden Township, Cumberland County, Pennsylvania in this district (hereafter, "Ridgeland drinking water system").

7. The Ridgeland drinking water system pipes water to approximately 75 homes and serves more than 25 people, but less than 1001 people, on a year-round basis.

8. The Safe Drinking Water Act defines a "public water system" as a system that supplies piped domestic drinking water with at least 15 service connections or which regularly serves 25 individuals, subject to certain exceptions not relevant herein. Section 1401(4), 42 U.S.C. Section 300f-(4). ++EP++

Page 3

9. The Safe Drinking Water Act, as amended, requires the Administrator of the Environmental Protection Agency ("EPA") to promulgate national interim primary drinking water regulations for the protection of the public health, which are applicable to public water systems. Section 1412(a), 42 U.S.C. 300g-1.

10. The term "primary drinking water regulation" is defined by the Safe Drinking Water Act as follows:

(1) The term "primary drinking water regulation" means a regulation which --

(A) applies to public water systems;

(B) specifies contaminants which, in the judgment of the Administrator, may have any adverse effect on the health of persons;

(C) specifies for each such contaminant either --

(i) a maximum contaminant level, if, in the judgment of the Administrator, it is economically and technologically feasible to ascertain the level of such contaminant in water in public water systems, or

(ii) if, in the judgment of the Administrator, it is not economically or technologically feasible to so ascertain the level of such contaminant, each treatment technique known to the Administrator which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of Section 300g-1 of this title; and

(D) contains criteria and procedures to assure a supply of drinking water which dependably complies with such maximum contaminant levels; including quality control and testing procedures to insure compliance with such levels and to insure proper operation and maintenance of the system, and requirements as to (i) the minimum quality of water which may be taken into the system and (ii) siting for new facilities for public water systems.

Section 1401(1), 42 U.S.C. 300f-(1).

11. On December 24, 1975 and July 9, 1976, the Administrator of the Environmental Protection Agency promulgated, pursuant to the Safe Drinking Water Act, national interim primary drinking water regulations for the protection of the public health. 40 Fed. Reg. 59570 and 41 Fed. Reg. 28404, now codified at 40 C.F.R. Part 141. ++EP++

Page 4

12. The national interim primary drinking water regulations define a "public water system" as a "system for the provision of piped water for human consumption, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least 60 days out of the year." 40 C.F.R. 141.2( e).

13. The national interim primary drinking water regulations define a "community water system" as a "public water system" which "serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents." 40 C.F.R. 141.2(e)(i).

14. The Safe Drinking Water Act and the national interim primary drinking water regulations define "supplier of water" as "any person who owns or operates a public water system." Section 1401(5), 42 U.S.C. Section 300f(5), 40 C.F.R. 141.2(i).

15. The national interim primary drinking water regulations provide maximum contaminant levels for organic and inorganic chemicals and for coliform applicable to community water systems. 40 C.F.R. 141.11, 141.12, 141.14.

16. The national interim primary drinking water regulations require suppliers of water for community water systems serving populations of 25-1000 persons to sample and analyze for coliform bacteria at least once per month. 40 C.F.R. 141.21(b).

17. The national interim primary drinking water regulations require suppliers of water for community water systems using only ground water sources to sample and analyze for inorganic chemicals by no later than June 24, 1979. 40 C.F.R. 141.23(a)(2).

18. The national interim primary drinking water regulations require suppliers of water for community water ++EP++

systems to report the results of any tests required by the regulations to the EPA within forty days of the testing, where there is no EPA approved state program.

Page 5

40 C.F.R. 141.31(a).

19. The national interim primary drinking water regulations require suppliers of water for community water systems to report any failure on the part of such suppliers to comply with a provision of the regulations, including failure to perform the sampling required by the regulations, to the EPA within 48 hours, where there is no EPA approved state program. 40 C.F.R. 141.31(b).

20. The Commonwealth of Pennsylvania at no time relevant herein had a safe drinking water program approved by the EPA.

21. The national interim primary drinking water regulations require suppliers of water for community water systems to give the persons served by the water system written notice of any failure to comply with its requirements, including sampling and analysis requirements. 40 C. F.R. 141.32(a).

22. The sampling and analysis requirements of the national interim primary drinking water regulations are important to the protection of the public health because they provide a basis of EPA and the public to verfy whether the owners and/or operators of public drinking water systems are in compliance with the maximum contaminant levels specified in said regulations.

23. The notice requirements of the national interim primary drinking water regulations are important to the protection of the public health because they alert EPA and the users of drinking water of the failure to sample and to report test ++EP++ results of sampling so that appropriate action can be taken to protect the public health.

Page 6

24. Section 1414(b) of the Safe Drinking Water Act, 42 U.S.C. Section 300g-3(b) provides in pertinent part as follows:

(b) The Administrator may bring a civil action in the appropriate United States district court to require compliance with a national primary drinking water regulation or with any schedule or other requirement imposed pursuant to a variance or exemption granted under section 300g-4 or 300g-5 of this title if --

(1) authorized under paragraph (1) or (2) of this section

whenever the Administrator finds, during a period in which the State does not have primary enforcement responsibility, that a public water system violates any national primary drinking water regulations

The court may enter, in an action brought under this subsection, such judgment as protection of public health may require, taking into consideration the time necessary to comply and the availability of alternative water supplies; and, if the court determines that there has been a willful violation of the regulation or schedule or other requirement with respect to which the action was brought, the court may, taking into account the seriousness of the violation, the population at risk, and other appropriate factors, impose on the violator a civil penalty of not to exceed $5,000 for each day in which such violation occurs.

25. Defendants are a "supplier of water" for the Ridgeland drinking water system, as that term is defined in the Safe Drinking Water Act and the national interim primary drinking water regulations.

26. The Ridgeland drinking water system is a "public water system" under the Safe Drinking Water Act, Section 1401(4), 42 U.S.C. Section 300f-(4) and is a "community water system" as defined in the national interim primary drinking water regulations. 40 C.F.R. 141.2(e)(i).

27. The Ridgeland drinking water system uses only ground water sources. ++EP++

Page 7

28. Based upon its investigation of the operations of the Ridgeland drinking water system the EPA found and the United States alleges that Defendants, as owners and/or operators of said water system, are in violation of the following requirements of the national interim primary drinking water regulations set forth above:

a. Defendants have violated 40 C.F.R. 141.21(b) by failing to sample and analyze for coliform bacteria on a monthly basis from the effective date of the regulation, June 24, 1977, through the date of the filing of this Complaint.

b. Defendants have violated 40 C.F.R. 141.23(a)(2) by failing to sample for inorganic chemicals by June 24, 1979, and have not sampled for inorganic chemicals to date.

c. Alternatively, Defendants have violated 40 C.F.R. 141.31(a) by failing to report to EPA the results of any tests for organic and inorganic chemicals they may have performed within 40 days.

d. Defendants have violated 40 C.F.R. 141.31(b) by failing to notify EPA within 48 hours of their failure to comply with the sampling and analysis requirements of the national interim primary drinking water regulations.

e. Defendants have violated 40 C.F.R. 141.32(a) by failing to notify the persons served by their drinking water system of their failure to comply with the sampling and analysis requirements of the national interim primary drinking water regulations.

29. Defendants have been notified repeatedly by EPA, Region III, by letter and in person, since 1977, of their obligations to comply with the aforesaid requirements of the national interim primary drinking water regulations and have chosen to ignore said notices and to violate said regulations. ++EP++

Page 8

30. Defendants' violations of the national interim primary drinking water regulations alleged above are "willful" under Section 1414(b) of the Safe Drinking Water Act, 42 U.S.C. Section 300g-3(b).

31. Unless injunctive relief is granted by this Court, Defendants will continue to violate the national interim primary drinking water regulations and the Safe Drinking Water Act in their ownership and operation of the Ridgeland drinking water system, thereby potentially endangering the public health of the users of that system.

WHEREFORE, Plaintiff, United States of America, prays this Court for the following relief:

a. For a preliminary and permanent injunction against Defendants from operating the Ridgeland drinking water system except in accordance with the Safe Drinking Water Act and regulations promulgated thereunder, and specifically, that Defendants be required to take the following steps at the Ridgeland drinking water system.

1. To sample and analyze the drinking water for coliform bacteria once per month as required by 40 C.F.R. 141.21(b).

2. To sample and analyze the drinking water for inorganic chemicals as required by 40 C.F.R. 141.23(a)(2).

3. To report the results of the above tests to EPA, or the state once the state has an EPA approved safe drinking water program, within 40 days of the testing, as required by 40 C.F.R. 141.31(a).

4. To report any failure to comply with the national interim primary drinking water regulations within 48 hours to the EPA, or the state once the state has an EPA approved safe drinking water program, as required by 40 C.F.R. 141.31(b). ++EP++

Page 9

5. To notify the users of the Ridgeland drinking water system of any failure to comply with the requirements of the national interim drinking water regulations, as required by 40 C.F.R. 141.32(a).

b. Defendants be assessed a civil penalty of $5,000 per day for each day of their violation of the Safe Drinking Water Act and regulations promulgated thereunder;

c. Plaintiff recover from the Defendants the costs of this action; and

d. Such other relief as the Court deems just and proper.

/s/ Angus Macbeth

ANGUS MACBETH

Acting Assistant Attorney General

Land and Natural Resources Division

United States Department of Justice

/s/ Carlon M. O'Malley, Jr

CARLON M. O'MALLEY, JR.

United States Attorney

Middle District of Pennsylvania

Harrisburg, Pennsylvania

By: /s/ David C. Shipman

Assistant United States Attorney

Harrisburg, Pennsylvania

/s/ Kenneth A. Reich

KENNETH A. REICH

Attorney, Pollution Control Section

Land and Natural Resources Division

United States Department of Justice

Washington, D.C. 20530

(202) 633-4496

Attorneys for Plaintiff

OF COUNSEL:

MICHAEL F. VACCARO

Attorney, Environmental Protection Agency

Region III

Philadelphia, Pennsylvania

SALEMVILLE WATER ASSOCIATION

DOC 05 of 05

CONSENT DECREE

03-83-C004

SDWA

MISC

19830609

19830609

PAD980693873

SALEMVILLE WATER ASSOCIATION

NEW ENTERPRISE, PA

80-1388

03

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff,

v.

SALEMVILLE WATER ASSOCIATION a/k/a SALEMVILLE WATER SYSTEM, JEROME BOYD, FRED KING, ELLIS SOLENBERG, MAX HERSHBERGER, FERDINAND WACHTER, JAMES SMITH, GLEN WALTER, DERVIN BASSLER, DANIEL ALBRIGHT, ARTHER KING, WARREN LIPPENCOTT, GLADYS BAKER, JACOB EBERSOLE, ROY COMO, JOHN CONNELLY, MICHAEL SHAFFER, BILL DIAMOND, JESSIE BRUMBAGH, WARREN IMLER, MELVIN STEPHAN, MRS. FLOYD KING, ELDA DETWALDER, CRIST M. KING, WARREN T. DASHER, JOHN FLETCHER, EUGENE D. KING, JOHN HENRY, BLAIR RITCHEY, NANCY LAFFERTY, MAX CRAIG, WILLIAM REYAN, JERRY HERSHBERGER, JOHN BAKER, RONALD DIAMOND, BYRON BERKHEIMER AND ROBERT O'NEAL, Individually and as Co-Owners of the Salemville Water Association, and all others Members and Co-Owners of the Salemville Water Association, Defendants.

Civil Action No. 80-1388

CONSENT DECREE

Upon the pleadings and consent of the parties, it is ORDERED, ADJUDGED AND DECREED:

1. Defendants are the owners and operators of a water system located in New Enterprise, Pennsylvania.

2. Plaintiff contends that defendants' system had obtained its water from both surface and ground water systems. On or before December 3, 1982, defendants physically blocked ++EP++

off all sources of surface water to the system, and now the system obtains its water from only ground water sources.

Page 2

Defendants' system provides piped water for human consumption, has 15 or more service connections used by year-round residents and regularly serves 25 or more year-round residents. Defendants' system is a "public water system" and "community water system" as defined in 40 C. F.R. 141.2(e).

3. Defendants repeatedly have been informed by the United States Environmental Protection Agency of the requirements of the Safe Drinking Water Act, 42 U.S.C. 300f et seq. (the "Act"), and its implementing regulations, 40 C.F.R. Part 141 (the "Regulations").

4. Defendants have failed to comply with the provisions of the Act and the Regulations.

5. This Court has jurisdiction of the subject matter and of the parties consenting hereto for purposes of entering this Consent Decree. The complaint states a claim upon which relief can be granted pursuant to the provisions of the Act and the Regulations.

6. The provisions of this Consent Decree shall apply to and be binding upon the parties hereto, their respective elected and appointed officials, officers, directors, agents, servants, employees, successors, assigns and attorneys, and upon all those persons, firms and corporations acting under, through or for them, and upon those persons, firms and corporations in active concert or participation with them or who have actual or constructive notice of this Consent Decree by personal service or otherwise. ++EP++

Page 3

7. Defendants at all times shall comply with the sampling and testing provisions of 40 C.F.R. 141.21(a) and (b), concerning microbiological contaminants. If the analysis of any samples taken pursuant to 40 C.F.R. 141.21(a) and (b) demonstrates an excedence of the microbiological contaminant levels set forth in 40 C.F.R. 141.14, defendants shall comply with the provisions of 40 C.F.R. 141.21(d), 141.21(e) and 141.21(f).

8. Within 30 days of date of entry of this Decree, defendants shall comply with the sampling and testing provisions of 40 C.F.R. 141.23(a)( 2) and (f), concerning inorganic chemicals. If the analysis of any such samples exceeds the contaminant levels set forth in 40 C.F.R. 141.11, defendants shall comply with the provisions of 40 C.F.R. 141.23(b) and (c).

9. Within 30 days of date of entry of this Decree, defendants shall commence compliance with the sampling and testing provisions of 40 C.F. R. 141.25 and 141.26, concerning radioactivity, and shall complete such sampling and testing as set forth in these regulations. If the analysis of any such samples exceeds the maximum contaminant levels set forth in 40 C.F.R. 141.15, defendants shall comply with the provisions of 40 C. F.R. 141.26(a).

10. All sampling and analysis shall be conducted pursuant to procedures and requirements set forth in 40 C.F.R. Part 141. It shall be defendants' responsibility to ascertain and ensure that all sampling and testing is properly conducted.

11. Defendants at all times shall ensure that no source of surface water contributes to the water supply of defendants' system. ++EP++

Page 4

12. Defendants at all times shall comply fully with the reporting provisions of 40 C.F.R. 141.31, the public notice provisions of 40 C.F. R. 141.32, and the record maintenance provisions of 40 C.F.R. 141.33.

13. If defendants fail to comply with the requirements of this Decree, they shall incur a stipulated penalty in the following amounts for each day in violation:

Days of Violation Penalty Per Day 1 to 20 days $50.00 More than 20 days $100.00

All penalties due under this paragraph shall be paid by cashier's or certified check payable to the Treasurer of the United States. The checks shall be deivered by hand or by United STates Mail to the Director, Enforcement Division, EPA, Region III, Curtis Building, 6th and Walnut Streets, Philadelphia, Pennsylvania 19106. All penalties shall be paid within 30 days from cessation of violation. If the violation is a continuous violation of more than 30 days, the payment shall be made at 30 day intervals commencing with the sixtieth day from commencement of the violation.

All defendants shall be held jointly and severally liable for such penalties.

14. Within thirty (30) days from the date of entry of this Decree, defendants shall pay by cashier's or certified check to the Treasurer, United States of America, a civil penalty of $100.00 for the willful violations of the Regulations which are alleged in the complaint. This check shall be delivered by hand or by United States Mail to the Director, Enforcement ++EP++ Division, EPA, Region III, Curtis Building, 6th and Walnut Streets, Philadelphia, Pennsylvania 19106.

Page 5

All defendants shall be held jointly and severally liable for such penalty.

15. Notwithstanding the provisions of paragraphs 13 or 14 or any other provision of this Decree, the United States may seek specific compliance with the terms of this Decree, and the Act and the Regulations.

16. This Decree is a settlement only of these issues raised in the Complaint and/or Amended Complaint. Nothing contained in this Decreee shall be construed to prevent or limit the application of the provisions of the Act or such regulations that have been or may be promulgated hereafter by EPA pursuant to the Act.

17. This Court shall retain jurisdiction over this matter and all disputes arising thereunder as may be necessary or appropriate for the construction or execution of this Consent Decree.

18. This Decree shall expire within one year from the date of entry of thiss Decree if the United States has not before that date notified the Court that defendants have not complied with the terms of this Decree or have not paid any penalties which may have become due under this Decree. Otherwise, this Decree shall expire one year after the last failure of defendants to comply with any provisions of this Decree. ++EP++

Page 6 UNITED STATES OF AMERICA

By: /s/ Carol E. Dinkins

CAROL E. DINKINS

Assistant Attorney General

Land and Natural Resources Division

Department of Justice

Washington, D.C. 20530

By: /s/ Rosanne Mayer

ROSANNE MAYER

Attorney, Department of Justice

Washington, D.C. 20530

By: /s/ Courtney M. Price

COURTNEY M. PRICE

Acting Associate Administrator

Environmental Protection Agency

Washington, D.C. 20460

J. ALLEN JOHNSON

United States Attorney

Pittsburgh, PA 19106

By: /s/ Craig R. Mckay

CRAIG R. McKAY

Assistance United States

Attorney

Pittsburgh, PA. 19106

By: /s/ Joseph J C Donovan

JOSEPH J. C. DONOVAN

Attorney, Environmental

Protection Agency,

Region III

Philadelphia, PA 19106

SALEMVILLE WATER ASSOCIATION a/k/a SALEMVILLE WATER SYSTEM Defendant, and the remaining Defendants, both as Co-Owners and Members of the said Association and as Individuals:

By: /s/ H. Fred Mercer

H. FRED MERCER

Attoenry for Defendants

By: /s/ Jerome Boyd

JEROME BOYD

By: /s/ Ellis Solenberger

ELLIS SOLENBERGER

By: /s/ Ferdinand Wachter

FERDINAND WACHTER

By: /s/ R. Glen Walter

GLEN WALTER

By: /s/ Warren Lippencott

WARREN LIPPECOTT

By: /s/ Jacob Ebersole

JACOB EBERSOLE

By: /s/

FRED KING

By: /s/ Max Hershberger

MAX HERSHBERGER

By: /s/ James Smith

JAMES SMITH

By: /s/ Dervin Bassler

DERVIN BASSLER

By: GLADYS BAKER

By: ROY COMO

By: /s/ Michael Shaffer

MICHAEL SHAFFER ++EP++

By: /s/

JOHN CONNELLY

By: /s/

BILL DIAMOND

By: /s/ Warren Imler

WARREN IMLER

By: /s/ Elda Detwalder

ELDA DETWALDER

By: /s/ Warren T. Dasher

WARREN T. DASHER

By: /s/ Eugene D King

EUGENE D. KING

By: /s/

NANCY RAFFERTY

By: /s/ Mrs. William Reyan

WILLIAM REYAN

By: JOHN BAKER

By: /s/ Blair Ritchey

BLAIR RITCHEY

By: /s/ Robert O'Neal

ROBERT O'NEAL

By: /s/ Jesse Brumbaugh

JESSIE BRUMBAUGH

By: /s/ Melvin Stephen

MELVIN STEPHEN

By: /s/

MRS. FLOYD KING

By: /s/ Crist M. King

CRIST M. KING

By: /s/ John Fletcher

JOHN FLETCHER

By: /s/

JOHN HENRY

By: /s/ Max Craig

MAX CRAIG

By: /s/ Jerry Hershberger

JERRY HERSHBERGER

By: /s/ Ronald Diamond

RONALD DIAMOND

By: /s/ Byron Berkheimer

BYRON BERKHEIMER

John A King

Daniel Albright

Judgment entered in accordance with the foregoing Decree this 9th day of June, 1983.

/s/

United States District Judge

++EP++

SALEMVILLE WATER ASSOCIATION

DOC 04 of 05

ORDER

03-83-C004

SDWA

MISC

19830609

19810219

PAD980693873

SALEMVILLE WATER ASSOCIATION

NEW ENTERPRISE, PA

80-1388

03

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff,

v.

SALEMVILLE WATER ASSOCIATION a/k/a SALEMVILLE WATER SYSTEM, ET AL., Defendants.

Civil Action No. 80-1388

ORDER

Upon the the unopposed motion of counsel for plaintiff, the United States of America, upon consideration of the pleadings and papers herein and for good cause shown, it is hereby:

ORDERED that plaintiff is granted leave under Rule 15(a) Federal Rules of Civil Procedure to amend its complaint herein, to the form annexed to plaintiff's motion, to join additional defendants.

/s/

UNITED STATES DISTRICT JUDGE

Dated: 19 Feb 1981 ++EP++

SALEMVILLE WATER ASSOCIATION

DOC 03 of 05

AMENDED COMPLAINT

03-83-C004

SDWA

MISC

19830609

19810219

PAD980693873

SALEMVILLE WATER ASSOCIATION

NEW ENTERPRISE, PA

80-1388

03

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff,

v.

SALEMVILLE WATER ASSOCIATION a/k/a SALEMVILLE WATER SYSTEM, JEROME BOYD, FRED KING, ELLIS SOLENBERGER, MAX HERSHBERGER, FERDINAND WACHTER, JAMES SMITH, GLEN WALTER, DERVIN BASSLER, DANIEL ALBRIGHT, ARTHUR KING, WARREN LIPPENCOTT, GLADYS BAKER, JACOB EBERSOLE, ROY COMO, JOHN CONNELLY, MICHAEL SHAFFER, BILL DIAMOND, JESSIE BRUMBAUGH, WARREN IMLER, MELVIN STEPHAN, MRS. FLOYD KING, ELDA DETWALDER, CRIST M. KING, WARREN T. DASHER, JOHN FLETCHER, EUGENE D. KING, JOHN HENRY, BLAIR RITCHEY, NANCY LAFFERTY, MAX CRAIG, WILLIAM REYAN, JERRY HERSHBERGER, JOHN BAKER, RONALD DIAMOND, BRYON BERKHEIMER and ROBERT O'NEAL, Individually and as Co-Owners of the Salemville Water Association, and all other Members and Co-Owners of the Salemville Water Association, Defendants.

Civil Action No. 80-1388

AMENDED COMPLAINT

The United States of America, through its undersigned attorneys and by authority of the Attorney General, at the request of the Administrator of the Environmental Protection Agency (hereinafter "EPA") alleges that:

1. This is a civil action under the Safe Drinking Water Act (hereinafter "SDWA"), 42 U.S.C. Section 300f, et seq. for assessment of civil penalties and injunctive relief against the defendants for violations of the SDWA and the national interim primary drinking water regulations, promulagated pursuant to the SDWA by the Administrator of the Environmental Protection Agency. ++EP++

Page 2 FIRST CLAIM

2. Authority to bring this action is conferred by 28 U.S.C. Sub-Section516 and 519 and 42 U.S.C. Sub-Section300g-3 and 300j-9(f). At all times relevant hereto the United States has had primary responsibility for enforcement of SDWA violations arising in the State of Pennsylvania.

3. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C.Sub-Section1345 and 1355 and 42 U.S.C. Sub-Section300g-3

4. The defendant, the Salemville Water Association, is an unincorporated association doing business in the Western District of Pennsylvania with a last known address of Salemville Water Association, c/o Mr. Jerome Boyd, R. D.#1, New Enterprise, Pennsylvania 16664.

5. The defendants Jerome Boyd, Fred King, Ellis Solenberger, Max Hershberger, Ferdinand Wachter, James Smith, Glen Walter, Dervin Bassler, Daniel Albright, Arthur King, Warren Lippencott, Gladys Baker, Jacob Ebersole, Roy Como, John Connelly, Michael Shaffer, Bill Diamond, Jessie Brumbaugh, Warren Imler, Melvin Stephan, Mrs. Floyd King, Elda Detwalder, Crist M. King, Warren T. Dasher, John Fletcher, Eugene D. King. John Henry, Blair Ritchey, Nancy Lafferty, Max Craig, William Reyan, Jerry Hershberger, John Baker, Ronald Diamond, Byron Berkheimer and Robert O"Neal, are residents of New Enterprise, Pennsylvania and are members of the Salemville Water Association. As members, these defendants are co-owners of the system and may be used as suppliers of water under the SDWA, and the regulation promulgated thereunder, 42 U. S.C Section 300f(5), 40 C.F.R. 141.2(i). At this time the identity and whereabouts of any other unnamed members are unknown. ++EP++

Such additional information will be sought through discovery and will be provided to the Court as soon as it is available.

Page 3

At that time, said members will be named as defendants in this suit.

6. At all relevant times hereto, the defendant association has owned and operated, in or near the Town of New Enterprise, Pennsylvania, a public water system serving approximately 35 homes and more than 25, but less than 1001, people. Such system is therefore subject to the SDWA and regulations promulgated thereunder. 42 U.S.C. Section 300f (4); 40 C.F.R. Section 141.2(e).

7. On December 24, 1975 and July 9, 1976 the Administrator of EPA promulgated pursuant to the SDWA, national interim primary drinking water regulations (the "Regulations"), 40 Fed. Reg. 59570 and 41 Fed. Reg. 28404, now codified in 40 C.F.R. Part 141; see also 40 C.F.R. Part 142, 41 Fed. Reg. 2918 (January 20, 1976). The Regualtions specify maximum contamined levels, monitoring and analytical requirements and reporting and record keeping requirements. The Regulations were effective 18 months following promulgation. 42. U.S. C. Section 300g-1 (a) (3), 40 C.F.R. Section 141.6, 40 Fed. Reg. 59569.

8. Specifically, the national interim primary drinking water regulations require the reporting to EPA of the results of each required test, measurement or analysis within 40 days of said test, measurement or analysis. 40 C.F.R.Sub-Section141.31(a); 141.2(h). Said regulations further require reporting to the EPA within 48 hours the failure to comply with any primary drinking water regulation. 40 C.F.R.Section 141.31(b).

9. On June 7, 1978 the Regional Administrator of the United States Environmental Protection Agency, through his authorized representative, notified the defendant association that it was in violation of the SDWA in failing to report microbiological and turbidity monitoring results to EPA. A copy of said notice is attached hereto as Exhibit A and incorporated by reference herein ++EP++

Page 4

10. During the period beginning on or about June 24, 1977 and continuing to or about January 1, 1980 and every day thereafter, except for the month of September 1978 (for which defendants reported sampling of coliform bacteria), defendants willfully failed to report results of sampling and analysis required by 40 C.F.R. Sub-Section141.21 and 141.22, in violation of 40 C.F.R. Section 141.31(a).

11. In addition, defendants have willfully failed to report violations of maximum contaminant levels, set forth in 40 C.F.R. Sub-Section141.13 and 141.14, in violation of 40 C.F.R. 141.31(b).

12. Defendants have been notified repeatedly by EPA, in letter and in person, of their obligations to comply with the aforesaid requirements of the SDWA and the Regulations, and have chosen to ignore said notices and to violate the SDWA and the Regulations.

13. The violations of the reporting requirements alleged in paragraphs 10 and 11 constitute willful violations of 42 U.S.C. Section 300g-3(b) and subject the defendant to a civil penalty of $5,000 for each day on which a violation occurred.

SECOND CLAIM

14. Plaintiff repeats and realleges paragraphs 2 through 7.

15. The national interim primary drinking water regulations include sampling and analytical requirements for contaminant levels. 40 C.F.R. Part 141 subpart C. Microbiological contaminant sampling is to be performed at least once per month for community water systems serving a population between twenty-five (25) and one thousand (1,000) persons, 40 C.F.R. Section 141.21(b). Turbidity sampling and analysis is required at least once per day, 40 C.F.R. Sub-Section141.22(a).

16. Plaintiff alleges, upon information and belief, that, with the exception of the month of September, 1978 (for ++EP++

which defendants reported sampling of coliform bacteria), defendants have failed to sample and analyze for microbiological contaminants or for turbidity as required by the Regulations.

Page 5

17. Defendants have been notified repeatedly by EPA, in letter and in person, of their obligations to comply with the aforesaid requirements the SDWA and the Regulations, and have chosen to ignore said notices and to violate the SDWA and the Regulations.

18. The violations alleged in paragraph 16 constitute willful violations of 42 U.S.C. Section 300g-3(b). Said violations have been continuous from June 24, 1977, the date on which the national interim primary drinking water regulations became effective. Defendants are subject to a civil penalty of $5,000 for each violation under 42 U.S.C. Section 300g-3(b).

THIRD CLAIM

18. Plaintiff repeats and realleges paragraphs 2 through 7.

20. On or about September 27, 1978 the defendant association and the defendant, Mr. Jerome Boyd, as the association's President, had available for delivery and did deliver to users of its system, water containing coliform, a contaminant parameter, in excess of the maximum contaminant level authorized by the primary drinking water regulations, 40 C.F.R. Section 141.14(b)91)(i). Said failure to comply with a national drinking water regulation was not excused by a variance under 42 U.S.C. Section300g-4(a)(2) or an exemption under 42 U.S.C. Section 300g-5(f).

21. Plaintiff alleges, on information and belief, that defendants have been in continuous violation of the national primary drinking water regulations for microbiological contaminants and turbidity since the regulations became effective on June 24, 1977. ++EP++

Page 6

22. Defendants have been notified repeatedly by EPA, in letter and in person, of their obligation to comply with the aforesaid requirements of the SDWA, and the Regulations, and have chosen to ignore said notices and to violate the SDWA and the regulations.

23. The violations alleged in paragraphs 20 and 21 constitute willful violations of 42 U.S.C. Section 300g-3(b). The defendants are subject to a penalty of $5,000 under 42 U.S.C. Section 300g-3(b) for each day in which such violations took place.

24. Unless injunctive relief is granted by the Court, defendants will continue to violate the national interim primary drinking water regulations and the Safe Drinking Water Act in the operation and ownership of the water system serving association members.

WHEREFORE, plaintiff, United States of America prays that:

1. Defendants be permanently enjoined under the SDWA 42 U.S.C. Section 300g-3, from operating its water system, except as in accordance with the Safe Drinking Water Act and the regulations promulgated thereunder;

2. Defendants be ordered to install necessary control equipment as expeditiously as possible and take such other affirmative action that is necessary to operate the water system in compliance with the Safe Drinking Water Act and the regulations promulgated thereunder;

3. The Court order defendants to pay a penalty of five thousand dollars ($5,000) per day of violation, for each violation of the regulations;

4. Plaintiff be awarded costs and disbursements of this action; and ++EP++

Page 7

5. The Court grant such other relief that the Court deems just and proper.

Respectfully submitted,

ROBERT J. CINDRICH

United States Attorney

By: /s/ Craig R. Mckay

CRAIG R. MCKAY

Assistant United States Attorney

Western District of Pennsylvania

633 U. S. Post Office and

Courthouse

7th Avenue & Grant Street

Pittsburgh, Pennsylvania 15219

Rosanne Mayer

ROSANNE MAYER

Attorney, Pollution Control

Section

Land and Natural Resources

Division

United States Department of

Justice

9th and Pennsylvania Avenue, N.

W.

Washington, D. C. 20530

(202) 633-5312

Attorneys for Plaintiff

Of Counsel:

JOSEPH J. C. DONOVAN

Environmental Protection Agency

Region III

Philadelphia, Pennsylvania 19106

++EP++

SALEMVILLE WATER ASSOCIATION

DOC 02 of 05

UNOPPOSED MOTION FOR LEAVE TO AMEND COMPLAINT

03-83-C004

SDWA

MISC

19830609

19810219

PAD980693873

SALEMVILLE WATER ASSOCIATION

NEW ENTERPRISE, PA

80-1388

03

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff,

v.

SALEMVILLE WATER ASSOCIATION a/k/a SALEMVILLE WATER SYSTEM, ET AL., Defendants.

Civil Action No. 80-1388

UNOPPOSED MOTION FOR LEAVE TO AMEND COMPLAINT

The United States of America, by and through its undersigned counsel, respectfully moves this Court pursuant to Rule 15(a), Federal Rules of Court Procedure, for leave to amend its complaint herein, to join additional defendants, and in support of its motion states as follows:

1. This is an action for injunctive relief and a penalty concerning defendants' violations of the Safe Drinking Water Act ("SDWA"), 42 U.S. C. 300f, et seq., and the national interim primary drinking water regulations, (the "regulations"), promulgated pursuant to the SDWA by the Administrator of the Environmental Protection Agency ("EPA").

2. Plaintiff filed its complaint in this action on September 26, 1980.

3. Defendants Salemville Water Association and Jerome Boyd filed their answer to the complaint on December 26, 1980.

4. In its complaint, the government noted that the identify and whereabouts of all individual members of defendant Salemville Water Association, except Jerome Boyd, were unknown, but that the government intended to obtain this information through discovery. (Complaint, Paragraph5). ++EP++

Page 2

5. On February 4, 1981, the government deposed defendant Jerome Boyd and obtained the names and addresses of additional members of the Salemville Water Association (the "additional members"). The purpose of the proposed amendment to the complaint is to name these additional members as defendants.

6. The right of relief requested against the additional members arises out of the same activities from which the relief requested against the other defendants arises. The questions concerning whether violations of the SDWA and the regulations occurred, responsibility for any such violations, and the appropriate relief are common to all defendants.

7. It is possible that more members of the Salemville Water Association may be identified to plaintiff in the course of further discovery in this case. Plaintiff reserves any right it might have to further amend its complaint to name these members as defendants.

8. Counsel for plaintiff has contacted H. Fred Mercer, counsel to defendants Salemville Water Association and Jerome Boyd, and Mr. Mercer does not oppose this motion to amend the complaint.

THEREFORE, plaintiff requests the Court to grant leave permitting plaintiff to amend the complaint to the form annexed hereto. ++EP++

Page 3

Respectfully submitted,

ROBERT J. CINDRICH

United States Attorney

By: /s/ Craig R. McKay

CRAIG R. MCKAY

Assistant United States Attorney

Western District of Pennsylvania

633 U. S. Post Office and

Courthouse

7th Avenue & Grant Street

Pittsburgh, Pennsylvania 15219

/s/ Rosanne Mayer

ROSANNE MAYER

Attorney, Pollution Control

Section

Land and Natural Resources

Division

United States Department of

Justice

9th and Pennsylvania Avenue, N.W.

Washington, D.C. 20530

(202) 633-5312

Attorneys for Plaintiff

Of Counsel:

JOSEPH J. C. DONOVAN, ESQUIRE

Environmental Protection Agency

Region III

Philadelphia, Pennsylvania 19106

++EP++

SALEMVILLE WATER ASSOCIATION

DOC 01 of 05

COMPLAINT

03-83-C004

SDWA

MISC

19830609

19800926

PAD980693873

SALEMVILLE WATER ASSOCIATION

NEW ENTERPRISE, PA

80-1388

03

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff,

v.

SALEMVILLE WATER ASSOCIATION a/k/a SALEMVILLE WATER SYSTEM, JEROME BOYD, Individually and as a Co-Owner of the Salemville Water Association, and all other Members and Co-Owners of the Salemville Water Association, Defendants.

Civil Action No. 80 1388

COMPLAINT

The United States of America, through its undersigned attorneys and by authority of the Attorney General, at the request of the Administrator of the Environmental Protection Agency (hereinafter "EPA") alleges that:

1. This is a civil action under the Safe Drinking Water Act (hereinafter "SDWA"), 42 U.S.C. Section 300f, et seq. for assessment of civil penalties and injunctive relief against the defendants for violations of the SDWA and the national interim primary drinking water regulations, promulgated pursuant to the SDWA by the Administrator of the Environmental Protection Agency.

FIRST CLAIM

2. Authority to bring this action is conferred by 28 U.S.C. Sub-Section 516 and 519 and 42 U.S.C. Sub-Section 300g-3 and 300j-9(f). At all times relevant hereto the United States has had primary responsibility for enforcement of SDWA violations arising in the State of Pennsylvania. ++EP++

Page 2

3. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. Sub-Section 1345 and 1355 and 42 U.S.C. Sub-Section 300g-3.

4. The defendant, the Salemville Water Association, is an unincorporated association doing business in the Western District of Pennsylvania with a last known address of Salemville Water Association, c/o Mr. Jerome Boyd, R. D.#1, New Enterprise, Pennsylvania 16664.

5. The defendants, Jerome Boyd and others, are members of the Salemville Water Association. As members these defendants are co-owners of the system and may be sued as a supplier of water under the SDWA, and the regulations promulgated thereunder, 42 U.S.C. Section 300f(5), 40 C.F.R. 141.2(i). At this time the identity and whereabouts of the unnamed members above are unknown. Such information will be sought through discovery and will be provided to the Court as soon as it is available. At that time, said members shall be named as defendants in this suit.

6. At all relevant times hereto, the defendant association has owned and operated, in or near the Town of New Enterprise, Pennsylvania, a public water system serving approximately 35 homes and more than 25, but less than 1001, people. Such system is therefore subject to the SDWA and regulations promulgated thereunder. 42 U.S.C Section 300f(4); 40 C.F.R. Section 141.2(e).

7. On December 24, 1975 and July 9, 1976 the Administrator of EPA promulgated, pursuant to the SDWA, national interim primary drinking water regulations (the "Regulations"), 40 Fed. Reg. 59570 and 41 Fed. Reg. 28404, now codified in 40 C.F.R. Part 141; see ++EP++ also 40 C. F.R. Part 142, 41 Fed. Reg. 2918 (January 20, 1976).

Page 3

The Regulations specify maximum contaminant levels, monitoring and analytical requirements and reporting and record keeping requirements. The Regulations were effective 18 months following promulgation. 42. U.S.C. Section 300g-1(a)(3), 40 C.F.R. Section 141.6, 40 Fed. Reg. 59569.

8. Specifically, the national interim primary drinking water regulations require the reporting to EPA of the results of each required test, measurement or analysis within 40 days of said test, measurement or analysis. 40 C.F.R.Sub-Section141.31(a); 141.2(h). Said regulations further require reporting to the EPA within 48 hours the failure to comply with any primary drinking water regulation. 40 C.F.R. Section 141.31(b).

9. On June 7, 1978 the Regional Administrator of the United States Environmental Protection Agency, through his authorized representative, notified the defendant association that it was in violation of the SDWA in failing to report microbiological and turbidity monitoring results to EPA. A copy of said notice is attached hereto as Exhibit A and incorporated by reference herein.

10. During the period beginning on or about June 24, 1977 and continuing to or about January 1, 1980 and every day thereafter, except for the month of September 1978 (for which defendants reported sampling of coliform bacteria), defendants willfully failed to report results of sampling and analysis required by 40 C.F.R. Sub-Section 141.21 and 141.22, in violation of 40 C.F.R. Section 141.31(a).

11. In addition, defendants have willfully failed to report violations of maximum contaminant levels, set forth in 40 C.F.R. Sub-Section 141.13 and 141.14, in violation of 40 C.F.R. 141.31(b). ++EP++

Page 4

12. Defendants have been notified repeatedly by EPA, in letter and in person, of their obligations to comply with the aforesaid requirements of the SDWA and the Regulations, and have chosen to ignore said notices and to violate the SDWA and the Regulations.

13. The violations of the reporting requirements alleged in paragraphs 10 and 11 constitute willful violations of 42 U.S.C. Section 300g-3(b) and subject the defendants to a civil penalty of $5,000 for each day on which a violation occurred.

SECOND CLAIM

14. Plaintiff repeats and realleges paragraphs 2 through 7.

15. The national interim primary drinking water regulations include sampling and analytical requirements for contaminant levels. 40 C.F.R. Part 141 subpart C. Microbiological contaminant sampling is to be performed at least once per month for community water systems serving a population between twenty-five (25) and one thousand (1,000) persons, 40 C.F.R. Section 141.21(b). Turbidity sampling and analysis is required at least once per day, 40 C.F.R. Sub-Section 141.22(a).

16. Plaintiff alleges, upon information and belief, that, with the exception of the month of September, 1978 (for which defendants reported sampling of coliform bacteria), defendants have failed to sample and analyze for microbiological contaminants or for turbidity as required by the Regulations.

17. Defendants have been notified repeatedly by EPA, in letter and in person, of their obligations to comply with the aforesaid requirements the SDWA and the Regulations, and have chosen to ignore said notices and to violate the SDWA and the Regulations. ++EP++

Page 5

18. The violations alleged in paragraph 16 constitute willful violations of 42 U.S.C.Section300g-3(b). Said violations have been continous from June 24, 1977, the date on which the national interim primary drinking water regulations became effective. Defendants are subject to a civil penalty of $5,000 for each violation under 42 U.S.C. Section 300g-3(b).

THIRD CLAIM

18. Plaintiff repeats and realleges paragraphs 2 through 7.

20. On or about September 27, 1978 the defendant association and the defendant, Mr. Jerome Boyd, as the association's President, had available for delivery and did deliver to users of its system, water containing coliform, a contaminant parameter, in excess of the maximum contaminant level authorized by the primary drinking water regulations, 40 C.F.R. Section 141.14(b)(1)(i). Said failure to comply with a national drinking water regulation was not excused by a variance under 42 U.S.C. Section 300g-4(A)(2) or an exemption under 42 U.S.C. Section300g-5(f).

21. Plaintiff alleges, on information and belief, that defendants have been in continuous violation of the national primary drinking water regulations for microbiological contaminants and turbidity since the regulations became effective on June 24, 1977.

22. Defendants have been notified repeatedly by EPA, in letter and in person, of their obligation to comply with the aforesaid requirements of the SDWA, and the Regulations, and have chosen to ignore said notices and to violate the SDWA and the regulations. ++EP++

Page 6

23. The violations alleged in paragraphs 20 and 21 constitute willful violations of 42 U.S.C. Section 300g-3(b). The defendants are subject to a penalty of $5,000 under 42 U.S.C. Section 300g-3(b) for each day in which such violations took place.

24. Unless injunctive relief is granted by the Court, defendants will continue to violate the national interim primary drinking water regulations and the Safe Drinking Water Act in the operation and ownership of the water system serving association members.

WHEREFORE, plaintiff, United States of America prays that:

1. Defendants be permanently enjoined under the SDWA 42 U.S.C. Section 300g-3, from operating its water system, except as in accordance with the Safe Drinking Water Act and the Regulations promulgated thereunder;

2. Defendants be ordered to install necessary control equipment as expeditiously as possible and take such other affirmative action that is necessary to operate the water system in compliance with the Safe Drinking Water Act and the regulations promulgated thereunder;

3. The Court order defendants to pay a penalty of five thousand dollars ($5,000) per day of violation, for each violation of the regulations;

4. Plaintiff be awarded costs and disbursements of this action; and

5. The Court grant such other relief that the Court deems just and proper. ++EP++

Page 7

Respectfully submitted,

/s/

ANGUS MACBETH

Acting Assistant Attorney General

Land and Natural Resources

Division

United States Department of

Justice

9th and Pennsylvania Avenue, N.W.

Washington, D.C. 20530

ROBERT J. CINDRICH

United States Attorney

By: /s/ Craig R. Mckay

CRAIG R. MCKAY

Assistant United States Attorney

Western District of Pennsylvania

633 U.S. Post Office and

Courthouse

7th Avenue & Grant Street

Pittsburgh, Pennsylvania 15219

/s/

ROSANNE MAYER

Attorney, Pollution Control

Section

Land and Natural Resources

Division

United States Department of

Justice

9th and Pennsylvania Avenue, N.W.

Washington, D.C, 20530

(202) 633-5312

Attorneys for Plaintiff

Of Counsel:

JOSEPH J. C. DONOVAN

Environmental Protection Agency

Region III

Philadelphia, Pennsylvania 19106

++EP++

Exhibit#1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 6TH AND WALNUT STREETS PHILADELPHIA, PENNSYLVANIA 19106

SALEMVILLE WATER ASSOCIATION NEW ENTERPRISE PA 16664

Dear Gentlemen:

As required by the Federal Safe Drinking Water Act, as amended, (42 U.S.C. Section 300f et seq), the Environmental Protection Agency has adopted National Interim Primary Drinking Water Regulations. Those regulations, which became effective June 24, 1977, apply to your public water system. Your system is currently in violation of the Regulations (40 C.F.R. Section 141.31(a)) because it has failed to timely submit to EPA the results of microbiological monitoring as required by 40 C.F.R. Section 141.21 and, if appropriate, results of turbidity monitoring as required by 40 C.F.R. Section 141.22.

Section 1414 of the Safe Drinking Water Act authorizes the EPA to enforce the Regulations by civil action in Federal Court. The EPA may also seek fines of $5,000 a day for willful violations; however, before we proceed on this course of action we are offering you the opportunity to show cause why this matter should not be referred to a U.S. Attorney.

Therefore, we offer you the opportunity to present to us written explanations, information or any other material in answer to the above allegation within thirty (30) days of receipt of this letter.

If you have any questions please contact Mr. Michael Brunamonti at (215) 597-9927. All correspondence should be addressed to U.S. Environmental Protection Agency, Water Supply Branch 3WA30, Sixth & Walnut Streets, Philadelphia, Pennsylvania 19106.

Finally, all EPA approved data forms submitted to this office by you or your laboratory must contain your EPA assigned identification number. This number can be found on the upper right corner of your mailing address.

Sincerely,

/S/ Bernie Sarnoski

Bernie Sarnoski, Chief

State Programs Section

Water Supply Branch BWA30

Exhibit "A" ++EP++

WHISKEY RUN WATER ASSOCIATION

DOC 04 of 04

CONSENT DECREE

03-83-C001

SDWA

OTHER

19840312

1988----

PAD980693931

WHISKEY RUN PUBLIC WATER ASSOC

FARRANDSVILLE, PA

83-1175

03

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA, Plaintiff,

v.

WHISKEY RUN WATER ASSOCIATION a/k/a/ FARRANDSVILLE WATER ASSOCIATION Defendant

Civil No. 83-1175

CONSENT DECREE

Plaintiff, United States of America, on behalf of the United States Environmental Protection Agency ("EPA"), having filed a Complaint herein in April, 1983, alleging that defendant has violated the Safe Drinking Water Act ("SDWA" or "Act"), 42 U.S.C. Section 300f et seq., a Default Judgment and Order having been entered against defendant on March 12, 1984, and a Motion for Civil Contempt and to Enforce Judgment having been filed on March 30, 1987, the parties by their attorneys consent to entry of this Decree;

NOW, THEREFORE, before the taking of any testimony herein, and upon consent of the parties, by their attorneys and authorized officials, it is

HEREBY STIPULATED AS FOLLOW:

1. This Court has jurisdiction of the subject matter of this action pursuant to 28 U.S.C. Section 1345 and Section 1414(b) of the SDWA, 42 U.S.C. Section 300g-3(b), and jurisdiction over the parties hereto. ++EP++

Page 2

2. The provisions of this Consent Decree shall apply to and be binding upon the parties to this action, their members, officers, directors, agents, servants, employees, successors and assigns. Defendant shall give notice of this Consent Decree to any successors in interest prior to transfer of ownership or control of the water supply system and shall simultaneously verify to plaintiff that defendant has given such notice.

3. Defendant Whiskey Run Water Association (hereinafter "Whiskey Run") is an unincorporated association of water supply system users, doing business in the Middle District of Pennsylvania. Each user of the system is a member of the association, and each user-member is bound by the terms of this Decree.

4. Defendant operates a public water system in Farrandsville, Clinton County, Pennsylvania that provides piped water for human consumption. The water system is subject to the requirements of the SDWA and the regulations promulgated thereunder. Whiskey Run is a "community water system" as defined at 40 C.F.R. Section141.2(e) (i) and is a "supplier of water" as defined at 40 C.F.R. Section 141.2(i). Whiskey Run serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. ++EP++

Page 3

5. Defendant has delivered to consumers water with microbiological contaminant levels which exceed the Maximum Contaminant Level (MCL) authorized by the National Primary Drinking Water Regulations, 40 C.F. R. Section 141.14(b) (1) (i), has failed to sample and analyze the drinking water for contaminants as required by 40 C.F.R. Part 141, Subpart C, and has failed to report to EPA, notify the public, and keep records as required by 40 C.F.R. Part 141, Subpart D.

NOW, THEREFORE, based on the foregoing, it is hereby ORDERED, ADJUDGED AND DECREE as follows

SECTION ONE 1. General Compliance:

Defendant shall, commencing immediately, comply with all applicable sampling, monitoring, analytical, reporting, recordkeeping and public notification requirements of the National Primary Drinking Water Regulations ("NPDWR") at 40 C.F.R. Part 141.

2. Compliance with MCLs:

Defendant shall, commencing immediately, comply with all maximum contaminant levels of the NPDWR, appearing at 40 C.F.R. Part 141, Subpart B, except Defendant shall comply with the maximum contaminant level for microbiological contaminants according to the schedule for compliance set out in Paragraph 3, below. ++EP++

Page 4 3. Compliance with Microbiological Contaminant MCL, Schedule for Construction:

Defendant shall construct and operate, according to the following schedule (and consistent with the design and construction standards of the Pennsylvania Department of Environmental Resources) a raw water disinfection system for the Whiskey Run drinking water system which will consistently reduce microbiological contaminant levels in the finished water, measured at representative points throughout the distribution system, to levels which are in compliance with the maximum contaminant level for microbiological contaminants expressed at 40 C.F. R. Section 141.14:

a. Complete design; apply for all necessary State Permits By March 1, 1988 b. Commence Construction By May 1, 1988 c. Complete Construction By August 1, 1988 d. Achieve compliance with microbiological contaminant MCL By August 31, 1988 SECTION TWO 4. Stipulated Penalties for Violations of Construction

Schedule:

If defendant fails to comply with the deadlines of ++EP++

Section One Paragraph 3 of this Decree, the defendant shall incur and pay to the United States within thirty (30) days of the demand thereof, stipulated civil penalties as follows for each day (not necessarily consecutive) of violation that occurs between the date of entry and the date of expiration of this Decree.

Page 5

Penalty per Day

Days of Violation per Violation 1 to 5 days $50.00 5 to 10 days $100.00 More than 10 days $150.00

Payment of stipulated penalties shall not relieve defendant of the obligation to comply with applicable law and with this Decree, nor shall it limit the right of plaintiff to enforce the terms of this Decree consistent with paragraph 8 hereto.

5. Excuse from Penalty Liability:

Defendant shall not be liable for stipulated penalties for any delay in the construction required by this Decree, if such delay is caused by circumstances entirely beyond the control of defendant. Should defendant miss a construction deadline and believe that the delay was caused by circumstances entirely beyond defendant's control, defendant shall make its initial ++EP++ written request to EPA for relief from penalty liability within thirty days following the relevant Decree construction deadline.

Page 6

Within thirty days following actual completion of the Decree-mandated construction, defendant must submit its final request for relief from penalty liability for that portion of the period of delay which defendant believes was caused by circumstances entirely beyond its control.

6. Payment Method, Dispute Resolution:

Stipulated penalties due pursuant to this Section shall be paid by certified or cashier's check made payable to "Treasurer, United States of America," and sent by Certified Mail to Wayne Samuelson, Esq., Assistant United States Attorney, Room 307, Post Office Building, 3rd and Market Sts., Lewisburg, PA 17837, with photocopy sent to the Regional Hearing Clerk, USEPA Region III, 841 Chestnut St., Philadelphia, PA 19107.

Any dispute with respect to defendant's liability for a stipulated penalty shall be resolved by this Court. Defendant may petition the Court for excuse from stipulated penalty liability on the grounds that the noncompliance was caused by circumstances entirely beyond the control of defendant, only if such a request was first made to EPA in writing consistent with paragraph 5 above, and EPA rejected the request. Defendant will have the burden of proof in any such proceeding before this Court. ++EP++

Page 7 SECTION THREE 7. Penalties for Past Violations:

The parties explicitly reserve any and all claims and defenses to any civil and/or contempt penalties for future resolution, either by consent or by this Court. ++EP++

Page 8 Section Four 8. Responsibility to Comply:

This Consent Decree in no way affects or relieves defendant of responsibility to comply with any Federal, State or local law, regulation, permit or Judicial Order, and compliance with this Decree shall be no defense to any action commenced pursuant to such authorities. Nothing contained in this Decree shall be construed to limit the right of the United States to take additional legal or administrative action to enforce applicable Federal laws or regulations, nor shall it limit the right of the United States to bring an action regarding claims not addressed by, or arising subsequent to, entry of this Decree.

9. Access

Any authorized representative of the Pennsylvania Department of Environmental Resources or the U.S. Environmental Protection Agency, upon presentation of his or her credentials, may at any time enter upon defendant's premises for the purposes of determining compliance with any of the provisions of the Safe Drinking Water Act or of this Decree. This provision is in addition to and not a substitute for any right ++EP++

of entry held by EPA or plaintiff United States pursuant to applicable Federal laws or regulations.

Page 9 10. Progress and noncompliance Reporting:

Defendant shall notify EPA monthly by written report to the address below, of its compliance status and progress toward each of the requirement herein, and shall specifically identify any event or occurrence which causes or may cause delay or other noncompliance in achievement of any requirement herein. In the case of noncompliance or delay, the report shall describe, in detail:

a) the anticipated length of the noncompliance;

b) the precise cause or causes of the noncompliance;

c) the efforts taken or to be taken to prevent or minimize the noncompliance, including a timetable for such efforts; and

d) a description of any future deadlines which could be affected by the present or anticipated noncompliance.

Such a report of noncompliance shall not excuse the obligation of Whiskey Run to comply with the requirements or timetable in this Decree, unless an extension has been requested and agreed to by Plaintiff, or granted by the Court.

Monthly reports required by this paragraph shall be mailed to:

Chief, Drinking Water Section (3WM41)

U.S. Environmental Protection Agency

841 Chestnut Building

Philadelphia, PA 19107 ++EP++

Page 10 11. Notification to Public:

Within thirty (30) days of entry of this Decree, defendant shall certify to EPA at the address in paragraph 9 above that all system users have been sent a copy of the "Boil Water Advisory" attached as Exhibit A hereto. Defendant shall advise all system users monthly of the desirability of boiling all water used for drinking or cooking purposes until such time as consistent compliance with the microbiological contaminant standard has been achieved.

11. Costs of Suit:

Each party shall bear its own costs in this action.

12. Modifications of Decree:

Any modifications of this Decree must be in writing and approved by this Court.

13. Retention of Jurisdiction:

This Court shall retain jurisdiction of this matter for the purpose of determining the appropriate penalty if any, pursuant to Section Three of this Decree and for the purpose of enabling either party to apply to this Court at any time for such further relief as may be appropriate to interpret, enforce, modify or terminate this Decree. Otherwise, this Decree shall terminate on December 31, 1989, or one year after Defendant completes the construction required by Section One supra, or at such time as any penalties accrued under this Decree are collected, whichever last occurs. ++EP++

Page 11 14. Severability:

The provisions of this Decree shall be severable and should any provision be declared by a court of competent jurisdiction to be inconsistent with federal law, and therefore unenforceable, the remaining provisions of this Decree shall remain in full force and effect.

Approved and Consented to for entry:

UNITED STATES OF AMERICA

By: ROGER J. MARZULLA

Acting Assistant Attorney General

Land and Natural Resources

Division

U.S. Department of Justice

Washington, D.C. 20530

By: DAVID I. C. THOMSON, Esq.

Land & Natural Resources Division

U.S. Department of Justice

Washington, D.C. 20530

JAMES J. WEST

United States Attorney

FOR WHISKY RUN WATEEER ASSOCIATION:

By: WAYNE P. SAMUELSON, Esq.

Assistant United States Attorney

633 U.S. Post Office and Court House

Pittsburgh, PA 15219

/s/

12, 29,87

/s/ Jack Baney

JACK BANEY, President

Whiskey Run Water

Association

/s/ Randy Williamson

RANDY WILLIAMSON,

Vice-President

Whiskey Run Water

Association ++EP++

Page 12

By: /s/ Thomas L. Adams Jr.,

THOMAS L. ADAMS, Jr., Esq.

Assistant Administrator for

Enforcement & Compliance

Monitoring

U.S. Environmental Protection

Agency

401 M Street, S.W.

Washington, D.C. 20460

By: /s/

BRUCE M. DIAMOND

Regional Counsel

U.S. Environmental Protection

Agency,

Region III

841 Chestnut Building

Philadelphia, PA 19107

By: /s/ Jed Z. Callen

JED Z. CALLEN, Esq.

Assistant Regional Counsel

U.S. Environmental Protection

Agency

Region III

841 Chestnut Building

Philadelphia, Pennsylvania 19107

Judgment entered in accordance with the foregoing this day of

, 198 .

Judge MALCOLM MUIR ++EP++

WHISKEY RUN WATER ASSOCIATION

DOC 03 OF 04

MOTION FOR CIVIL CONTEMPT

03-83-C001

SDWA

OTHER

19840312

19870330

PAD980693931

WHISKEY RUN PUBLIC WATER ASSOC

FARRANDSVILLE, PA

83-1175

03

MOTION FOR CIVIL CONTEMPT IN U.S. V. WHISKEY RUN WATER ASSOCIATION

Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

CIVIL ACTION NO. 83-1175

STATES OF AMERICA, Plaintiff,

v.

WHISKEY RUN WATER ASSOCIATION, a/k/a FERRANDSVILLE WATER ASSOCIATION, Defendant.

MOTION FOR CIVIL CONTEMPT AND TO ENFORCE JUDGMENT

The Plaintiff, United States of America, by its undersigned attorneys moves this Court to issue an order upon Defendant, Whiskey Run Water Association, to show cause why Defendant should not be held in civil contempt. In support of this motion, Plaintiff relies upon the Affidavit of Leo N. Essenthier and its Memorandum of Law and states the following:

1. Defendant Whiskey Run Water Association ("Whiskey Run") owns and operates a public water system located in Farrandsville, Clinton County, Pennsylvania. The business of Whiskey Run is conducted by David Barton, its Secretary.

2. In August of 1983, Plaintiff filed its complaint in this action, alleging certain violations by Defendant of the Safe Drinking Water Act ("SDWA"), 42 U.S.C. Section 300f et seq., and regulations promulgated thereunder.

3. On August 30, 1983 a Deputy United States Marshal served the complaint on Mrs. David Barton, who was at the residence of Whiskey Run. ++EP++

Page 2

4. Whiskey Run failed to answer the complaint or otherwise appear.

5. On January 3, 1984, the Clerk of this Court entered a default against Whiskey Run pursuant to Fed. R. Civ. Pro. 55(a).

6. Thereafter, the United States moved for a default judgment pursuant to Fed. R. Civ. Pro. 55(b).

7. On March 12, 1984, this Court issued an Order directing Defendant to take the following actions at Defendant's drinking water system:

(a) To sample and analyze the drinking water for microbiological contamination on a monthly basis as required by 40 C.F.R. 141.21(b);

(b) To sample and analyze the drinking water for inorganic chemicals every three years as required by 40 C.F.R. 141.23(a)( 2);

(c) To sample and analyze the drinking water for radioactive contaminants as required by 40 C.F.R. 141.26(a)(1) and 141.26(a)( 3);

(d) To comply with the maximum contaminant level for microbiological contaminants specified in 40 C.F.R. 141.14(b)(1)( i);

(e) To collect and examine at least two daily check samples as required in 40 C.F.R. 141.21(d)(2) whenever the applicable maximum contaminant level for microbiological contaminants is exceeded.

(f) To report the results of the above sampling analyses to EPA, or the state once the state has an EPA-approved ++EP++

safe drinking water program, within 10 days after the month in which the test result is received, as required by 40 C.F.R. 141.21(a);

Page 3

(g) To report any failure to comply with the National Interim Primary Drinking Water Regulations (NIPDWR) within 48 hours to the EPA, or the state once the state has an EPA-approved safe drinking water program, as required by 40 C.F.R. 141.31(b);

(h) To notify the users of the drinking water system of any failure to comply with the requirements of National Interim Primary Drinking Water Regulations, as required by 40 C.F.R. 141.32(a);

8. As indicated in the affidavit of Leo N. Essenthier, Exhibit B to the memorandum in support of this motion, the Defendant has performed the following actions in defiance of and in an attempt to evade complying with the express terms and conditions of the Court's March 12, 1984 Order:

(a) failed to sample and analyze the drinking water for microbiological contaminants on a monthly basis as required by 40 C.F.R. 141.21(b);

(b) failed to sample and analyze the drinking water for inorganic chemicals every three (3) years as required by 40 C.F. R. 141.23(a)(2);

(c) failed to sample and analyze the drinking water for radioactive contaminants as required by 40 C.F.R. 141.26(a)(1) and 141.25(a)(3);

(d) failed to report to the United States Environmental Protection Agency ("EPA") within 48 hours as required by 40 C.F. R. 141.31(b), the failure to comply with the National Interim ++EP++

Primary Drinking Water Regulation ("NIPDWR") requirement to sample and analyze the drinking water for microbiological contaminants on a monthly basis as required by 40 C.F.R. 141.21( b);

Page 4

(e) failed to report to EPA within 48 hours as required by 40 C.F.R. 141.31(b), the failure to comply with the NIPDWR requirement to sample and analyze the drinking water for inorganic chemicals every three years as required by 40 C.F.R. 141.23(a)(2);

(f) failed to report to EPA within 48 hours as required by 40 C.F.R. 141.31(b) the failure to comply with the NIPDWR requirement to sample and analyze the drinking water for radioactive contaminants as required by 40 C.F.R. 141.26(a)(1) and 141.26(a)(3);

(g) failed to notify the users of the drinking water system as required by 40 C.F.R. 141.32(a) of the failure to comply with the NIPDWR requirement to sample and analyze the drinking water for microbiological contaminants on a monthly basis as required in 40 C.F.R. 141.21(b);

(h) failed to notify the users of the drinking water system as required by 40 C.F.R. 141.21(a) of the failure to comply with the NIPDWR requirement to sample and analyze the drinking water for inorganic chemicals as required in 40 C.F.R. 141.32(a)(2);

(i) failed to notify the users of the drinking water system as required by 40 C.F.R. 141.32(a) of the failure to comply with the NIPDWR requirement to sample and analyze the drinking water for radioactive contaminants as required in 40 C.F.R. 141.26(a)(1) and (a)(3); ++EP++

Page 5

(j) allegedly terminated the Whiskey Run Water Association, in order to evade compliance with this Court's Order of March 12, 1984;

(k) allegedly created the Farrandsville Water Association, an unincorporated association, composed of the same members as the Defendant, and which uses the same reservoir and equipment as the Defendant, provides drinking water to the same households as the Defendant, and is operated and maintained by the same individuals who did so for the Defendant, in order to continue the same operations declared by this Court's order to be in violation of the Safe Drinking Water Act;

(1) David Barton, Secretary of Defendant Whiskey Run Water Association, willfully and deliberately failed to comply with the terms and conditions of the March 12, 1984 Court Order despite knowledge of the same, and further, purposefully took various actions to disband or terminate the Defendant Association, and to create the "new" Association thereby evading compliance with this Court's Order of March 12, 1984.

WHEREFORE, based upon the allegations set forth above and the affidavit of Leo Essenthier attached hereto, Plaintiff respectfully requests that this Court enter the attached Order to Show Cause why Defendant Whiskey Run Water Association and David Barton, its Secretary, should not be held in contempt of this Court's March 12, 1984 Order, impose a civil penalty in the amount of $10,000.00 for violation of the Safe Drinking Water Act, its implementing regulation and this Court's order. Plaintiff further moves the Court for any ++EP++

additional relief which may appear to the Court to be appropriate in carrying out the intent of the Court's previous Order entered on March 12, 1984.

Page 6

A proposed order is attached to this Motion.

Respectfully submitted, /s/ F

Henry Habicht

F. HENRY HABICHT II

Assistant Attorney General

Land and Natural Resources Division

United States Department of Justice

Washington, D.C. 20530

JAMES J. WEST

United States Attorney

By: /s/ Wayne P. Samuelson

WAYNE P. SAMUELSON

Assistant United States Attorney

Middle District of Pennsylvania

Room 307, Post Office Building

Third and Market Streets

Lewisburg, PA 17837

/s/ David I. C. Thomson

DAVID I. C. THOMSON

Attorney

United States Department of Justice

Land and Natural Resources Division

Environmental Enforcement Section

10th & Pennsylvania Avenue, N.W.

Washington, D.C. 20530 ++EP++

Page 7

C/s/ Jed Z. Callen

JED Z. CALLEN

Assistant Regional Counsel

United States Environmental Protection Agency

Region III

841 Chestnut Building

Philadelphia, Pennsylvania 19107

OF COUNSEL:

PATRICIA MOTT

Office of Enforcement and Compliance Monitoring

U.S. EPA

401 M Street, S.W.

Washington, D.C. ++EP++

WHISKEY RUN WATER ASSOCIATION

DOC 02 OF 04

ORDER (DECREE)

03-83-C001

SDWA

OTHER

19840312

19840312

PAD980693931

WHISKEY RUN PUBLIC WATER ASSOC

FARRANDSVILLE, PA

83-1175

03

ORDER (DECREE) IN U.S. V. WHISKEY RUN WATER ASSOCIATION

Page i U.S. Department of Justice United States Attorney Middle District of Pennsylvania

Room 426 - Post Office Building

Washington & Linden Streets

Scranton, Pennsylvania 18501

March 23, 1984

William C. Early, Esquire

U.S. Environmental Protection Agency

Region III

6th & Walnut Street

Philadelphia, PA 19106

Re: United States of America

V Whiskey Run Water Association

Civil No. 83-1175 (MD Pa)

Dear Mr. Early:

I am pleased to enclose for your consideration the Order of Judge Muir dated March 12, 1984. In this order, Judge Muir grants the government requests for injunctive relief, but denies the government request for civil penalty.

I would appreciate it if you can advise me whether Whiskey Run fails to comply with this order. In that event, we shall have to proceed before Judge Muir on a contempt petition.

Thanking you kindly, I am

Very truly yours,

DAVID DART QUEEN

United States Attorney

/s/ (ILLEGIBLE)

BERNARD V. O'HARE, III

Assistant U.S. Attorney ++EP++

Page 1 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Civil No. 83-1175

Complaint Filed 8/16/83

(Judge Muir)

UNITED STATES OF AMERICA, Plaintiff

vs.

WHISKEY RUN WATER ASSOCIATION, Defendant

ORDER March 12, 1984

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

The United States filed this lawsuit against Whiskey Run Water Association seeking to obtain Whiskey Run's compliance of certain regulations promulgated under the Safe Drinking Water Act, 42 U.S.C. Section 300(g)-3. On September 13, 1983, the Clerk of Court received the process receipt and return form from the United States Marshal's Service. On the form, Deputy United States Marshal Westerdale averred that on August 30, 1983 he served the complaint on Mrs. David Barton, an individual discovered at the residence of Whiskey Run. Whiskey Run failed to answer the complaint or otherwise to appear in this action. On January 3, 1983, the Clerk of Court entered a default against Whiskey Run pursuant to Fed.R.Civ.Pro. 55(a). Thereafter, the United States moved for a default judgment against Whiskey Run pursuant to Fed.R.Civ.Pro. 55(b) accompanied by a brief in support thereof. Whiskey Run has not opposed the United States's motion for a default judgment within the time ++EP++

period prescribed by our local rules, nor has it requested an extension of time in which to do so.

Page 2

Because of Whiskey Run's failure to plead or otherwise respond to the complaint, the facts alleged in the complaint are deemed admitted by Whiskey Run. Nishimatsu Construction Co. vs. Houston National Bank, 515 F.2d 1200 (5th Cir. 1975). According to the complaint, Whiskey Run is an unincorporated Pennsylvania association located in Farrandsville, Clinton County, Pennsylvania. Whiskey Run pipes water to between 26 and 33 homes per year and serves more than 25 persons. Whiskey Run is a public water system as defined in 40 C.F.R. Section 141.2(e) and a community water system as defined in 40 C.F.R. Section 141.2(i)(1980). Whiskey Run is also a supplier of water as defined in 42 U.S.C. Section 300(f). Whiskey Run is therefore subject to the Safe Drinking Water Act, 42 U.S.C. Section 300(g)-3, and is subject to the regulations promulgated thereunder by the Administrator of the Environmental Protection Agency (EPA). These regulations include the National Interim Primary Drinking Water Regulations, 40 C.F.R. Section 141.6 (1980), promulgated by the Administrator pursuant to Section 1412, 1414, 1445 and 1450 of the SDWA, 42 U.S.C. Sub-Section 300(g)-1, 300( g)-3, 300(j)-4 and 300(j)-9.

According to the averments in the complaint, Whiskey Run has willfully engaged in the following acts and omissions in violation of the National Interim Primary Drinking Water Regulations. Whiskey Run has failed to monitor and analyze its water system for inorganic chemicals ++EP++

within two years following the effective date of the NIPWDR as required by 40 C.F.R. Section 141.23(a)(2).

Page 3

During the periods from June 24, 1977 through May, 1978, and from November, 1978 to the present, Whiskey Run has not monitored and analyzed its water system for coliform bacteria as required by 40 C.F. R. Section 141.21(b). In June, July, September and October, 1978, Whiskey Run exceeded the maximum contaminant level for coliform bacteria set forth in 40 C.F.R. Section 141.14(b)(1)(i). In June, July, September and October, 1978, Whiskey Run failed to collect and examine daily check samples for coliform bacteria as required in 40 C. F.R. Section 141.21(d)(2). In June, July, September and October, 1978, Whiskey Run did not report to the EPA and did not notify the public that its water supply exceeded the maximum contaminant level for coliform in violation of 40 C.F.R. Section 141.21(f). Whiskey Run failed to notify the EPA and the persons served by its water system of its failure to monitor and analyze its water system for inorganic chemicals in violation of 40 C.F.R. Section 141.31(a) and (b). Whiskey Run failed to notify persons served by its water system and the EPA of its failure to monitor and analyze its water system for coliform bacteria as required by 40 C.F.R. Section 141.31(b) and 141.32(a). Whiskey Run failed to monitor and analyze its water system for radioactive contaminants as required in 40 C.F.R. Section 141.26(a)(1). Whiskey Run failed to notify the EPA and persons served by its water system of its failure to perform monitoring and analysis for radioactive contaminants ++EP++

in violation of 40 C.F.R. Section 141.32(a) and 40 C.F.R. Section 141.31(b).

Page 4

The United States asks that this Court enjoin Whiskey Run from operating its water system except in accordance with the Safe Drinking Water Act and the regulations promulgated thereunder. It requests that Whiskey Run be directed to perform the testing and monitoring required by the Act and the regulations and to report the results of such testing and monitoring to the EPA. The United States also requests that Whiskey Run be ordered to pay a civil penalty for its willful violations of the Act and the regulations.

The United States's request for injunctive relief will be granted. By failing to plead or otherwise respond to the complaint, Whiskey Run has admitted to willful violations of federal laws and regulations designed to ensure the purity of the public's water supply. Whiskey Run's failure to comply with the Safe Drinking Water Act and the regulations promulgated there under clearly presents a serious danger to the public entitling the United States to equitable relief.

The United States also seeks an assessment of civil penalties against Whiskey Run. 42 U.S.C. Section 300(g)-3(b) of the Safe Drinking Water Act provides that the Court may assess a civil penalty not to exceed $5,000 for each day in which a willful violation of the Safe Drinking Water Act or the regulations promulgated thereunder continues. The facts alleged in the complaint and admitted by Whiskey Run by ++EP++

virtue of its default indicate that Whiskey Run has been in violation of at least nine requirements of the Safe Drinking Water Act for over six years.

Page 5

The United States requests that this Court assess a civil penalty of $ 4600.00. The United States does not specify how it arrived at the penalty of $4600.00.

If the United States is requesting a civil penalty of $4600.00 per day per Whiskey Run's violations of the Act, the civil penalty requested is grossly excessive and will be denied. See 42 U.S.C. Section 300(g)-3(b)(2). If the United States is seeking a total fine of $4600.00, the request will be denied because the United States has not set forth any reason why Whiskey Run should be assessed a $4600.00 fine. However, if there is a violation of this order, the Court will upon the appropriate motion reach the question of sanctions for Whiskey Run. These sanctions may include fines and imprisonment of Whiskey Run's corporate officers and agents.

NOW, THEREFORE, IT IS ORDERED THAT:

Whiskey Run Water Association is directed to take the following steps at the Whiskey Run drinking water system:

(a) To sample and analyze the drinking water for microbiological contaminants on a monthly basis as required by 40 C.F.R. Section 141.21(b).

(b) To sample and analyze the drinking water for inorganic chemicals every three years as required by 40 C.F.R. Section 141.23(a)(2). ++EP++

Page 6

(c) To sample and analyze the drinking water for radioactive contaminants as required by 40 C.F.R. Sub-Section 141.26(a)(1) and 141.26(a)(3).

(d) To comply with the maximum contaminant level for microbiological contaminants specified in 40 C.F.R. Section 141.14(b)(1)(i).

(e) To collect and examine at least two daily check samples as required in 40 C.F.R. Section 141.21(d)(2) whenever the applicable maximum contaminant level for microbiological contaminants is exceeded.

(f) To report the results of the above sample analysis to EPA, or the state once the state has an EPA-approved safe drinking water program, within 40 days of the testing, as required by 40 C.F.R. Section 141.31(a).

(g) To report any failure to comply with the National Interim Primary Drinking Water Regulations within 48 hours to the EPA, or the state once the state has an EPA-approved safe drinking water program, as required by 40 C.F.R. Section 141.31(b).

(h) To notify the users of the Whiskey Run drinking water system of any failure to comply with the requirements of National Interim Primary Drinking Water Regulations, as required by 40 C.F.R. Section 141.32(a).

/s/ (ILLEGIBLE)

MUIR, U.S. District Judge ++EP++

WHISKEY RUN WATER ASSOCIATION

DOC 01 OF 04

COMPLAINT

03-83-C001

SDWA

OTHER

19840312

19830813

PAD980693931

WHISKEY RUN PUBLIC WATER ASSOC

FARRANDSVILLE, PA

83-1175

03

ORIGINAL COMPLAINT IN U.S. V. WHISKEY RUN WATER ASSOCIATION

Page 1 U.S. Department of Justice United States Attorney Middle District of Pennsylvania Room 426 - Post Office Building Washington & Linden Streets Scranton, Pennsylvania 18501

August 19, 1983

William C. Early, Esquire

Office of Regional Counsel

U.S. Environmental Protection Agency

Region III

6th & Walnut Streets

Philadelphia, PA 19106

Robert L. Collings, Chief

Water Branch

Office of Regional Counsel

U.S. Environmental Protection Agency

Region III

6th & Walnut Streets

Philadelphia, PA 19106

Re: USA V Whiskey Run Water Association

Civil Number 83-1175

(Middle District of Pennsylvania)

Gentlemen:

Please be advised that the complaint in the above-captioned matter was filed on Tuesday, August 16, 1983. At this time, I enclose file stamped copies of the complaint. The Marshal has been asked to make service of the complaint. As soon as the complaint has been served, I shall be in further contact.

Thanking you, I am

Very truly yours,

DAVID DART QUEEN

United States Attorney

BERNARD V. O'HARE, III

Assistant U.S. Attorney

Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

CIVIL ACTION NO.

UNITED STATES OF AMERICA, Plaintiff,

v.

WHISKEY RUN WATER ASSOCIATION, Defendant

COMPLAINT

The United States of America, by its undersigned attorneys, at the request of the Regional Administrator of the United States Environmental Protection Agency ("EPA") Region III, alleges that:

1. This is a civil action instituted pursuant to Sections 1414(a)( 2) and 1414(b) of the Safe Drinking Water Act ("SDWA" or the "Act"), 42 U.S.C. Section 300g-3, seeking equitable relief and civil penalties.

2. This Court has jurisdiction pursuant to Section 1414(b) of the Act, 42 U.S.C. Section 300g-3, and 28 U.S.C. Sub-Section 1345 and 1355.

3. The Attorney General is authorized to appear and represent the Administrator of EPA in any civil action instituted under the SDWA pursuant to Section 1450(f) of the Act, 42 U.S.C. Section 300j-9.

4. The Administrator of EPA, pursuant to Sections 1412, 1414, 1445 and 1450 of the SDWA, 42 U.S.C. Sub-Section 300g-1, 300g-3, 300j-4 and 300j-9, promulgated national interim primary drinking water regulations ("NIPDWR") on December 24, 1975, 40 Fed. Reg. 59570.

5. The NIPDWR became effective on June 24, 1977. 40 C.F.R. Section 141.6 (1980).

6. Defendant, Whiskey Run Water Association ("Whiskey Run"), is located in Farrandsville, Clinton County, Pennsylvania. The business address of the Defendant is: Whiskey Run Water Association, c/o David Barton, Secretary, Farrandsville, Pennsylvania 17734.

7. The NIPDWR apply to "public water systems." A "public water system" is defined by the NIPDWR at 40 C.F.R. Section 141.2(e) to mean: ++EP++

Page 2

. . . A system for the provision to the public of piped water for human consumption, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least 60 days out of the year . . .

8. At all times pertinent herein, Whiskey Run has owned and operated a water system located in Farrandsville, Clinton County, Pennsylvania. The system utilizes a ground water source.

9. Whiskey Run Water Association, pipes water to approximately 26-33 homes and serves more than 25 persons, but less than 1001, on a year round basis.

10. Whiskey Run is a "public water system" as defined in 40 C.F.R. Section 141.2(e) and thus the NIPDWR apply to it.

11. Whiskey Run is a "supplier of water" as that term is defined in Section 1401(5) of the SDWA, 42 U.S.C. Section 300f.

12. Whiskey Run is a "community water system" as that term is defined in 40 C.F.R. Section 141.2(i) (1980).

13. Whiskey Run is a "person" as that term is defined in Section 1401(12) of the SDWA, 42 U.S.C. Section 300f.

14. The Administrator of EPA has not determined pursuant to Section 1413 of the Act, 42 U.S.C. Section 300g-2 that the Commonwealth of Pennsylvania has primary enforcement responsibility for public water systems within the State.

15. Whiskey Run has not received a "variance" from the Administrator of EPA pursuant to Section 1415(a) of the SDWA, 42 U.S.C. Section 300g-4.

16. Whiskey Run has not received an "exemption" from the Administrator of EPA pursuant to Section 1416(f) of the SDWA, 42 U.S.C. Section 300g-5.

CLAIM ONE

17. The allegations contained in Paragraphs 1 through 16 inclusive of this Complaint are hereby incorporated by reference as if fully set forth herein.

18. The NIPDWR, 40 C.F.R. Section 141.23(a)(2) (1980), requires community water systems utilizing only ground water ++EP++

sources to monitor and analyze such sources for inorganic chemicals within two years following the effective date of the NIPDWR and repeat these analyses at three-year intervals.

Page 3

19. Whiskey Run has failed to monitor and analyze its water system for inorganic chemicals as required in the 40 C.F.R. Section 141.23(a)( 2).

20. Whiskey Run's failure to monitor and analyze its water system for inorganic chemicals as required in 40 C.F.R. Section 141.23(a)(2) is a willful violation of the NIPDWR.

CLAIM TWO

21. The allegations contained in Paragraphs 1 through 16 inclusive of this Complaint are hereby incorporated by reference as if fully set forth herein.

22. The NIPDWR, 40 C.F.R. Section 141.21(b) (1980), requires suppliers of water for community water systems which serve a population of between 25 and 1000, such as Whiskey Run, to monitor and analyze its water system for coliform bacteria at least once per month.

23. During the periods from June 24, 1977 through May 1978 and fom November 1978 to the present, whiskey Run has not monitored and analyzed its water system for coliform bacteria as required in the NIPDWR.

24. Whiskey Run's failure to monitor and analyze its water system for coliform bacteria as required by 40 C.F.R. Section 141.21(b) during the periods from June 24, 1977 through May 1978 and from November 1978 to the present, is a willful violation of the NIPDWR.

CLAIM THREE

25. The allegations contained in Paragraphs 1 through 16 inclusive of this Complaint are hereby incorporated by reference as if fully set forth herein.

26. The NIPDWR, 40 C.F.R. Section 141.14(b)(1)(i) (1980), sets forth the maximum contaminant level ("MCL") for coliform bacteria applicable to community water systems.

27. In June, July, September and October 1978, Whiskey Run exceeded the MCL for coliform bacteria set forth in 40 C.F.R. Section 141.14(b)( 1)(i). ++EP++

Page 4

28. Whiskey Run's violation of the MCL for coliform bacteria set forth in 40 C.F.R. Section 141.14(b)(1)(i) in June, July, September and October 1978, is a willful violation of the NIPDWR.

CLAIM FOUR

29. The allegations contained in Paragraphs 1 through 16 and 26 through 28 inclusive of this Complaint are hereby incorporated by reference as if fully set forth herein.

30. The NIPDWR, 40 C.F.R. Section 141.21(d)(2) (1980), requires public water systems to collect and examine daily check samples when coliform bacteria are present at specified levels in a single sample.

31. In June, July, September and October 1978, Whiskey Run failed to collect and examine daily check samples for coliform bacteria as required in 40 C.F.R. Section 141.21(d)(2).

32. Whiskey Run's failure to collect and examine daily check samples for coliform bacteria as required in 40 C.F.R. Section 141.21( d)(2), is a willful violation of the NIPDWR.

CLAIM FIVE

33. The allegations contained in Paragraphs 1 through 16 and 26 through 28 inclusive of this Complaint are hereby incorporated by reference as if fully set forth herein.

34. The NIPDWR, 40 C.F.R. Section 141.21(f), requires suppliers of water to report to EPA and notify the public as prescribed in 40 C.F.R. Sections 141.31 and 141.32 when the MCL for coliform bacteria set forth in 40 C.F.R. Section 141.14(b) is exceeded.

35. In June, July, September and October 1978, Whiskey Run did not report to EPA and did not notify the public as required in 40 C.F.R. Section 141.21(f) that the MCL for coliform bacteria set forth in 40 C. F.R. Section 141.14(b) was exceeded.

36. Whiskey Run's failure to report to EPA and notify the public as required in 40 C.F.R. Section 141.21(f) that the MCL for coliform bacteria was exceeded in June, July, September and October 1978, is a willful violation of the NIPDWR. ++EP++

Page 5 CLAIM SIX

37. The allegations contained in Paragraphs 1 through 16 and 18 through 19 inclusive of this Complaint are hereby incorporated by reference as is if fully set forth herein.

38. The NIPDWR, 40 C.F.R. Section 141.31(b) (1980), requires suppliers of water to notify EPA within 48 hours of the failure to monitor and analyze its water system for inorganic chemicals, and 40 C. F.R. Section 141.32(a) (1980), requires suppliers of water to notify persons served by the water system of the failure to perform monitoring and analyses for inorganic chemicals required pursuant to Section 1445 of the SDWA, 42 U.S.C. Section 300j-4.

39. Whiskey Run has failed to notify EPA within 48 hours as required in 40 C.F.R. Section 141.31(b), of its failure to monitor and analyze its water system for inorganic chemicals, and has failed to notify persons served by the water system as required by 40 C.F.R. Section 141.32(a) of its failure to monitor and analyze its water system for inorganic chemicals from June 24, 1977 to the present as required in the NIPDWR.

40. Whiskey Run's failure to notify EPA within 48 hours as required in 40 C.F.R. Section 141.31(b) of its failure to monitor and analyze its water system for inorganic chemicals, and its failure to notify persons served by the water system as required in 40 C.F.R. Section 141.32(a) of its failure to monitor and analyze its water system for inorganic chemicals from June 24, 1977 to the present is a willful violation of the NIPDWR.

CLAIM SEVEN

41. The allegations contained in Paragraphs 1 through 16 and 22 through 24 inclusive of this Complaint are hereby incorporated by reference as if fully set forth herein.

42. The NIPDWR, 40 C.F.R. Section 141.31(b) (1980), requires suppliers of water to notify EPA within 48 hours of the failure to monitor and analyze its water system for coliform bacteria, and 40 C.F. R. Section 141.32(a) (1980), requires suppliers of water to notify persons served by the water system of the failure to perform monitoring and analyses for coliform bacteria required pursuant to Section 1445 of the SDWA, 42 U.S.C. Section 300j-4.

43. Whisky Run has failed to notify EPA within 48 hours as required in 40 C.F.R. Section 141.31(b) of its failure to ++EP++

monitor and analyze its water system for coliform bacteria, and has failed to notify persons served by the water system as required in 40 C.F.R. Section 141.32(a) of its failure to monitor and analyze its water system for coliform bacteria from June 24, 1977 through May 1978 and from November 1978 to the present as required in the NIPDWR.

Page 6

44. Whiskey Run's failure to notify EPA within 48 hours as required in 40 C.F.R. Section 141.31(b) of its failure to monitor and analyze its water system for coliform bacteria, and its failure to notify persons served by the water system as required in 40 C.F.R. Section 141.32(a) of the failure to monitor and analyze its water system for coliform bacteria from June 24, 1977 through May 1978 and from November 1978 to the present, is a willful violation of the NIPDWR.

CLAIM EIGHT

45. The allegations contained in Paragraphs 1 through 16 inclusive of this Complaint are hereby incorporated by reference as if fully set forth herein.

46. The NIPDWR, 40 C.F.R. Section 141.26(a)(1) (1980), requires community water systems to complete monitoring and analysis of their water system for radioactive contaminants within three years of the effective date of the NIPDWR.

47. Whiskey Run has failed to monitor and analyze its water system for radioactive contaminants as required in 40 C.F.R. Section 141.26( a)(1).

48. Whiskey Run's failure to monitor and analyze its water system for radioactive contaminants as required in 40 C.F.R. Section 141.26( a)(1) is a willful violation of the NIPDWR.

CLAIM NINE

49. The allegations contained in Paragraphs 1 through 16 and 46 through 48 inclusive of this Complaint are hereby incorporated by reference as if fully set forth herein.

50. The NIPDWR, 40 C.F.R. Section 141.31(b), requires suppliers of water to notify EPA within 48 hours of the failure to monitor and analyze its water system for radioactive contaminants, and 40 C.F.R. Section 141.32(a) requires suppliers of water to notify persons served by the water system of the failure to perform ++EP++

monitoring and analyses for radioactive contaminants required pursuant to Section 1445 of the SDWA, 42 U.S.C. Section 300j-4.

Page 7

51. Whiskey Run has failed to notify EPA within 48 hours as required in 40 C.F.R. Section 141.31(b) of its failure to monitor and analyze its water system for radioactive contaminants, and has failed to notify persons served by the water system as required in 40 C.F.R. Section 141.32(a) of its failure to monitor and analyze its water system for radioactive contaminants as required in the NIPDWR.

52. Whiskey Run's failure to notify EPA within 48 hours as required in 40 C.F.R. Section 141.31(b) of its failure to monitor and analyze its water system for radioactive contaminants, and its failure to notify persons served by the water system as required in 40 C.F.R. Section 141.32(a) of its failure to monitor and analyze its water system for radioactive contaminants is a willful violation of the NIPDWR.

WHEREFORE, Plaintiff prays that the Court grant the following relief:

FIRST PRAYER FOR RELIEF

1. Pursuant to Section 1414(b) of the SDWA, 42 U.S.C. Section 300g-3, that Whiskey Run be ordered to monitor its water system for inorganic chemicals as required in the NIPDWR.

2. Pursuant to Section 1414(b) of the SDWA, 42 U.S.C. Section 300g-3 that Whiskey Run pay an appropriate civil penalty for each day in which the violation occurred.

SECOND PRAYER FOR RELIEF

3. Pursuant to Section 1414(b) of the SDWA, 42 U.S.C Section 300g-3, that Whiskey Run be ordered to monitor its water system for coliform bacteria as required in the NIPDWR.

4. Pursuant to Section 1414(b) of the SDWA, 42 U.S.C.Section 300g-3 that Whiskey Run pay an appropriate civil penalty for each day in which the violation occurred.

THIRD PRAYER FOR RELIEF

5. Pursuant to Section 1414(b) of the SDWA, 42 U.S.C. Section 300g-3, that Whiskey Run be ordered to comply with the MCL for coliform bacteria set forth in the NIPDWR. ++EP++

Page 8

6. Pursuant to Section 1414(b) of the SDWA, 42 U.S.C. Section 300g-3, that Whiskey Run pay an appropriate civil penalty for each day in which the violation occurred.

FOURTH PRAYER FOR RELIEF

7. Pursuant to Section 1414(b) of the SDWA, 42 U.S.C. Section 300g-3, that Whiskey Run be ordered to comply with the daily check sample requirements for coliform bacteria set forth in the NIPDWR.

8. Pursuant to Section 1414(b) of the SDWA, 42 U.S.C. Section 300g-3 Whiskey Run pay an appropriate civil penalty for each day in which the violation occurred.

FIFTH PRAYER FOR RELIEF

9. Pursuant to Section 1414(b) of the SDWA, 42 U.S.C. Section 300g-3, that Whiskey Run be ordered to comply with the reporting and public notification requirements set forth in the NIPDWR.

10. Pursuant to Section 1414(b) of the SDWA, 42 U.S.C. Section 300g-3 that Whiskey Run pay an appropriate civil penalty for each day in which the violation occurred.

SIXTH PRAYER FOR RELIEF

11. Pursuant to Section 1414(b) of the SDWA, 42 U.S.C. Section 300g-3, that Whiskey Run be ordered to comply with the reporting and public notification requirements set forth in the NIPDWR.

12. Pursuant to Section 1414(b) of the SDWA, 42 U.S.C. Section 300g-3 that Whiskey Run pay an appropriate civil penalty for each day in which the violation occurred.

SEVENTH PRAYER FOR RELIEF

13. Pursuant to Section 1414(b) of the SDWA, 42 U.S.C. Section 300g-3, that Whiskey Run be ordered to comply with the reporting and public notification requirements set forth in the NIPDWR.

14. Pursuant to Section 1414(b) of the SDWA, 42 U.S.C. Section 300g-3 and that Whiskey Run pay an appropriate civil penalty for each day in which the violation occurred. ++EP++

Page 9 EIGHTH PRAYER FOR RELIEF

15. Pursuant to Section 1414(b) of the SDWA, 42 U.S.C. Section 300g-3, that Whiskey Run be ordered to monitor and analyze its water system for radioactive contaminants as required in the NIPDWR.

16. Pursuant to Section 1414(b) of the SDWA, 42 U.S.C. Section 300g-3, that Whiskey Run pay an appropriate civil penalty for each day in which the violation occurred.

NINTH PRAYER FOR RELIEF

17. Pursuant to Section 1414(b) of the SDWA, 42 U.S.C. Section 300g-3, that Whiskey Run be ordered to comply with the reporting and public notification requirements set forth in the NIPDWR.

18. Pursuant to Section 1414(b) of the SDWA, 42 U.S.C. Section 300g-3, that Whiskey Run pay an appropriate civil penalty for each day in which the violation occurred.

GENERAL PRAYER FOR RELIEF

19. The Court order that the Plaintiff recover from the Defendant the cost of this action, and

20. The Court grant such other relief as the Court deems appropriate.

UNITED STATES OF AMERICA

/s/ (ILLEGIBLE)

F. Henry Habicht II Acting

Assistant Attorney General

Land and Natural Resources Division

United States Department of Justice

David Dart Queen

United States Attorney

By: /s/ (ILLEGIBLE)

BERNARD V. O'HARE III

Assistant United States Attorney ++EP++

Page 10

/s/ William C. Early

William C. Early

Attorney, Office of Regional Counsel

United States Environmental Protection Agency,

Region III

/s/ Robert L. Collings

Robert L. Collings

Chief, Water Branch, Office of Regional Counsel

United States Environmental Protection Agency,

Region III ++EP++

BOLTON, TOWN OF, MISSISSIPPI

DOC 01 OF 01

STIPULATION AND CONSENT DECREE

04-89-C019

SDWA

MUNI

19890315

19890315

MSP981931496

BOLTON, TOWN OF

BOLTON, MS

89-0027-W

04

STIPULATION AND CONSENT DECREE, US V TOWN OF BOLTON MISSISSIPPI

Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

UNITED STATES OF AMERICA

Plaintiff,

v.

TOWN OF BOLTON, MISSISSIPPI

Defendant.

Plaintiff, United States of America, on behalf of the United States Environmental Protection Agency ("EPA"), having filed a Complaint herein on , alleging that the Town of Bolton, ("Defendant") has violated the Safe Drinking Water Act ("SDWA"), 42 U.S.C. Section 300f et seq., and the parties by their attorneys having consented to entry of this Decree;

NOW, THEREFORE, before the taking of any testimony herein, and without trial or adjudication of any issue of fact or law herein, and upon consent of the parties, by their attorneys and authorized officials, it is

HEREBY STIPULATED AS FOLLOWS:

1. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. Section 1345 and 42 U.S.C. Section 300g-3(b), and jurisdiction over the parties hereto. Venue is proper as Defendant is located in this judicial district. The Complaint filed herein states a claim against Defendant upon which relief can be granted. ++EP++

Page 2

2. The provisions of this Consent Decree shall apply to and be binding upon the parties to this action, their officers, directors, agents, servants, employees, successors, heirs, or assigns.

3. Defendant Town of Bolton is a political subdivision of the State of Mississippi, duly chartered and formed under the laws of the State of Mississippi.

4. The Defendant owns and operates a public water supply system. That system includes approximately three hundred-thirty (330) service connections and serves approximately one thousand fifty-six (1056) individuals. Therefore, the system is a "public water system" as that term is defined in 42 U.S.C. Section 300f-4 and a "community water system" as that term is defined in 40 C.F.R. Section 141.2(e)(i).

5. As the owner and operator of a "community water system", the defendant is subject to national primary drinking water regulations, promulgated for the purpose of implementing the SDWA.

6. The national primary drinking water regulations, at 40 C.F.R. Section 141.14, include a maximum contaminant level (MCL) for coliform bacteria, applicable to water supplied by community water systems. The Defendant failed to meet the MCL for coliform bacteria for the following months:

April, May and June 1983; July, August, September, October, November and December 1984. ++EP++

Page 3

7. The national primary drinking water regulations, at 40 C.F.R. Section 141.21(a) and (b), require community water systems to monitor and analyze for coliform bacteria. Defendant has failed to meet those monitoring and analysis requirements for the following months:

July, August, October, and December 1983; March, and April 1984; January, March, April, May, June, July, August, September, October, November, and December 1985; January, February, March, April, May, June, July, August, September, October, November, and December 1986; and January, February, March, April, June, July, August, and September 1987.

8. The national primary drinking water regulations, at 40 C.F.R. Section 141.21(d)(1), require community water systems to perform recheck sampling and analysis when coliform bacteria in a single sample exceeds a specified level. The Defendant failed to perform recheck sampling and analysis, pursuant to 40 C.F.R. Section 141.21(d)(1) for the following months:

July, August, September, October, November, and December 1984.

9. The national primary drinking water regulations, at 40 C.F.R. Section 141.32(a), require community water systems to notify persons they serve of any violation of an MCL for coliform bacteria and of any failure to perform monitoring and analysis as set forth in paragraphs six, seven and eight above.

Defendant has failed to notify persons served by its system of the violations set forth in paragraphs six, seven and eight above. ++EP++

Page 4

10. The national primary drinking water regulations, at 40 C.F.R. Section 141.32(b), require community water systems to notify the public of any failure to comply with applicable MCLs. The Defendant failed to notify the public of its MCL violations for coliform bacteria, as set forth in paragraph six above.

11. The national primary drinking water regulations at 40 C.F.R. Section 141.31(b), require community water systems to notify the State within 48 hours of any failure to comply with any national primary drinking water regulation set forth in 40 C.F.R. Part 141.

Defendant failed to notify the State of Mississippi, within the 48 hours prescribed by regulation, of any of the violations of national primary drinking water regulations set forth in paragraphs six, seven and eight above.

12. Defendant has begun to comply with the requirement of the SDWA and regulations promulgated thereunder. Defendant has recently conducted microbiological monitoring as required by 40 C.F.R. Section 141.21(b) and has commenced timely reporting of test results to the State of Mississippi as required by 40 C.F.R. Section 141.31.

NOW, THEREFORE, based on the foregoing, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

SECTION ONE Compliance Measures

13. Upon entry of this Consent Decree, Defendant shall comply with the requirements of 40 C.F.R. Section 141.14. ++EP++

Page 5

14. Upon entry of this Consent Decree, Defendant shall comply with the applicable requirements of 40 C.F.R. Section 141.21.

15. Upon entry of this Consent Decree, Defendant shall comply with the applicable requirements of 40 C.F.R. Section 141.31.

16. Upon entry of this Consent Decree, Defendant shall comply with the applicable requirements of 40 C.F.R. Section 141.32.

17. Commencing not later than 30 days after entry of this Consent Decree and continuing at monthly intervals thereafter, Defendant shall submit to EPA and the Mississippi State Department of Health, Division of Water Supply, copies of all reports necessary to demonstrate compliance with:

(a) 40 C.F.R. Section 141.14-sampling for microbiological contaminants not exceeding the maximum contaminant level;

(b) 40 C.F.R. 1141.21-sampling and analytical requirements for coliform bacteria;

(c) 40 C.F.R. Section 141.31-reporting to the State; and

(d) 40 C.F.R. Section 141.32-public notification.

Copies shall be addressed to the Director, Water Management Division, U.S. Environmental Protection Agency Region IV, 345 Courtland Street, Atlanta, Georgia 30365.

18. Defendant shall report all violations and anticipated violations of this Consent Decree to the Director, Water Management Division, United States Environmental Protection Agency, and to the Mississippi State Department of Health, Division of Water Supply by phone within twenty-four hours and in writing within five days of learning that such violation has occurred or will occur, explaining the violation or anticipated violation, how long it has lasted and will last, its cause and all measures taken or to be taken to minimize adverse impacts on human health and the environment. ++EP++

Page 6

Failure by the Defendant to comply with the notice requirements of this section shall constitute a waiver of the Defendant's right to obtain an extension of time for its obligations under this section based on such incident.

If EPA Region IV agrees that the violation has been or will be caused entirely by circumstances beyond the control of the Defendant or any entity controlled by the Defendant, including the Defendant's consultants and contractors, and that the Defendant could not have foreseen and prevented such violation, the time for performance of such requirement may be extended for a period not to exceed the actual delay resulting from such circumstance, and stipulated penalties shall not be due for said delay. In the event that EPA Region IV does not so agree, the Defendant may submit the matter to the Court for resolution pursuant to Sections Twenty-Seven and Twenty-Eight of this Decree. EPA shall notify the Defendant in writing of EPA's agreement or disagreement with the Defendant's claim of a delay or impediment to performance within forty-five (45) days of receipt of the Defendant's notice of a violation or an anticipated violation. If the Defendant submits the matter to the Court for resolution and the Court determines that the violation was caused entirely by circumstances beyond the control of the Defendant, the Defendant shall be excused as to that violation, but only for the period of time the violation continues due to such circumstances. ++EP++

Page 7

Unanticipated or increased costs or expenses associated with the implementation of this Decree or changed financial circumstances shall not, in any event, serve as a basis for changes in this Decree or extensions of time under this Decree.

The Defendant shall bear the burden of proving that any delay or violation of any requirement of this Consent Decree was caused entirely by circumstances beyond the control of the Defendant. Defendant shall also bear the burden of proving the duration and extent of any delay or violation attributable to such circumstances.

19. Defendant shall hire and continue to employ a Certified Operator to operate and maintain the Defendant's public water supply system, so as to ensure compliance with all applicable federal and state statues and regulations. Defendant shall employ such certified Operator for at least three (3) years following the date of entry of this Decree.

SECTION TWO Stipulated Penalties for Violations of Consent Decree

20. In the event that Defendant violates any of the terms or conditions of this Consent Decree including its reporting requirements it shall pay to the United States a stipulated penalty of $100.00 per day per violation for the first seven days of each such violation; $200.00 per day per violation for the next 20 days of each such violation and $500.00 per day per violation for each day of each such violation thereafter. ++EP++

Page 8

A violation of each term or condition of this Consent Decree shall constitute a separate violation requiring the payment of stipulated penalties. Payment shall be by certified check payable to the "Treasurer of the United States" and shall be delivered to the Office of the United States Attorney, Southern District of Mississippi, Jackson, Mississippi, 39225-2091. Payments shall be made monthly and shall include stipulated payments for all violations for the preceding month. Each payment shall be accompanied by a short statement explaining how the penalty was calculated. Copies of the check and calculation statements shall be simultaneously transmitted to the Director of Water Management, U.S. EPA Region IV, 345 Courtland Street, Atlanta, Georgia 30365.

21. Any dispute with respect to Defendant's liability for a stipulated penalty shall be resolved by this Court. Defendant shall have the burden of proof on any dispute concerning stipulated penalties.

22. The provisions of this Section shall not be construed to limit any other remedies, including but not limited to an action to compel compliance with the terms of this Decree or with the requirements of the Safe Drinking Water Act or the regulations promulgated thereunder, available to Plaintiff for violations of this Decree or any other provisions of law. ++EP++

Page 9 SECTION THREE Penalties for Past Violations

23. Defendant shall pay to the United States a civil penalty of six thousand dollars ($6000.00) in satisfaction of all claims by the United States as civil penalties for past violations of the Act as set forth in the Complaint. Payment shall be by certified or cashier's check payable to the "Treasurer of the United States" and shall be delivered to the Office of the United States Attorney, Southern District of Mississippi, Jackson Mississippi, 39225-2091. A copy of the check and transmittal letter shall be simultaneously sent to the Regional Counsel, U.S. EPA Region IV, 345 Courtland Street, Atlanta, Georgia 30365. As agreed, the payment schedule will be as follows:

$1500.00 Payable on or before January 31, 1989; $1500.00 Payable on or before June 30, 1989; $1500.00 Payable on or before January 31, 1990; and $1500.00 Payable on or before June 30, 1990. SECTION FOUR General Provisions

24. All copies of microbiological and inorganic chemical test results, reports, and notifications submitted by Defendant to EPA and the Mississippi State Department of Health, Division of Water Supply as required by Section One of this Decree shall be subject to public inspection and shall not be treated by EPA as confidential. ++EP++

Page 10

25. This Consent Decree in no way affects or relieves Defendant or responsibility to comply with any other Federal, States or local laws or regulations.

26. Any modification of this Consent Decree must be in writing and approved by this Court.

27. This Court shall retain jurisdiction of this cause solely for the purpose of enabling any party to apply to the Court at any time for such further relief as may be appropriate to interpret, enforce, modify or terminate the Decree.

28. This Consent Decree shall remain in effect until Defendant has complied with all of the terms of the Decree, including the payment of penalties and the employment of a Certified Operator, and until Defendant has demonstrated compliance with the SDWA and its implementing regulations for a period of twelve consecutive months.

29. It is further ordered that each party shall bear its own costs in this litigation, including attorney's fees. Dated this day of 1988.

AS DEFENDANT

UNITED STATED DISTRICT JUDGE

FOR THE UNITED STATES OF AMERICA

/s/ Lawrence Bulter

LAWRENCE BULTER, Mayor

Town of Bolton

/s/ Richard Sheon

for ROGER J. MARZULLA

Assistant Attorney General

Land & Natural Resources Division

U.S. Department of Justice

Washington, D.C. 20530 ++EP++

Page 11

/s/ W. A. Weinischke

WILLIAM A. WEINISCHKE, Attorney

Environmental Enforcement Section

Land & Natural Resources Division

U.S. Department of Justice

Washington, D.C. 20530

(202) 633-4592

UNITED STATES ATTORNEY

Southern District of Mississippi

ASSISTANT UNITED STATES ATTORNEY

/s/ Thomas L. Adams

THOMAS L. ADAMS

Assistant Administrator for Enforcement and

Compliance Monitoring

U.S. Environmental Protection Agency,

Headquarters

401 M Street, S.W.

Washington, D.C. 20460

/s/ James H. Sargent

JAMES H. SARGENT

Regional Counsel

U.S. Environmental Protection Agency, Region IV

345 Courtland Street, N.E.

Atlanta, Georgia 30365 ++EP++

^Z

TOWN OF BOLTON, MS

DOC 02 OF 02

STIPULATION AND CONSENT DECREE

04-89-C019

SDWA

MUNI

19890305

19890315

MSD981931496

PUBLIC WATER SUPPLY

BOLTON, MS

J89-0027 (W)

04

STIPULATION AND CONSENT DECREE IN U.S. V. TOWN OF BOLTON, MISSISSIPPI

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

UNITED STATES OF AMERICA Plaintiff,

v.

TOWN OF BOLTON, MISSISSIPPI Defendant.

Civil Action No. J89-0027 (W)

STIPULATION AND CONSENT DECREE

CONSENT DECREE

Plaintiff, United States of America, on behalf of the United States Environmental Protection Agency ("EPA"), having filed a Complaint herein on 1/17/89, alleging that the Town of Bolton, ("Defendant") has violated the Safe Drinking Water Act ("SDWA"), 42 U.S.C. Section 300f et seq., and the parties by their attorneys having consented to entry of this Decree;

NOW, THEREFORE, before the taking of any testimony herein, and without trial or adjudication of any issue of fact or law herein, and upon consent of the parties, by their attorneys and authorized officials, it is

HEREBY STIPULATED AS FOLLOWS:

1. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. Section 1345 and 42 U.S.C. Section 300g-3( b), and jurisdiction over the parties hereto. Venue is proper as Defendant is located in this judicial district. The Complaint filed herein states a claim against Defendant upon which relief can be granted. ++EP++

Page 2

2. The provisions of this Consent Decree shall apply to and be binding upon the parties to this action, their officers, directors, agents, servants, employees, successors, heirs, or assigns.

3. Defendant Town of Bolton is a political subdivision of the State of Mississippi, duly chartered and formed under the laws of the State of Mississippi.

4. The Defendant owns and operates a public water supply system. That system includes approximately three hundred-thirty (330) service connections and serves approximately one thousand fifty-six (1056) individuals. Therefore, the system is a "public water system" as that term is defined in 42 U.S.C. Section 300f-4 and a "community water system" as that term is defined in 40 C.F.R. Section 141.2(e) (i).

5. As the owner and operator of a "community water system", the defendant is subject to national primary drinking water regulations, promulgated for the purpose of implementing the SDWA.

6. The national primary drinking water regulations, at 40 C.F.R. Section 141.14, include a maximum contaminant level (MCL) for coliform bacteria, applicable to water supplied by community water systems. The Defendant failed to meet the MCL for coliform bacteria for the following months:

April, May and June 1983; July, August, September, October, November and December 1984. ++EP++

Page 3

7. The national primary drinking water regulations, at 40 C.F.R. Section 141.21(a) and (b), require community water systems to monitor and analyze for coliform bacteria. Defendant has failed to meet those monitoring and analysis requirements for the following months:

July, August, October, and December 1983; March, and April 1984; January, March, April, May, June, July, August, September, October, November, and December 1985; January, February, March, April, May, June, July, August, September, October, November, and December 1986; and January, February, March, April, June, July, August, and September 1987.

8. The national primary drinking water regulations, at 40 C.F.R. Section 141.21(d)(1), require community water systems to perform recheck sampling and analysis when coliform bacteria in a single sample exceeds a specified level. The Defendant failed to perform recheck sampling and analysis, pursuant to 40 C.F.R. Section 141.21(d)(1) for the following months:

July, August, September, October, November, and December 1984.

9. The national primary drinking water regulations, at 40 C.F.R. Section 141.32(a), require community water systems to notify persons they serve of any violation of an MCL for coliform bacteria and of any failure to perform monitoring and analysis as set forth in paragraphs six, seven and eight above.

Defendant has failed to notify persons served by its system of the violations set forth in paragraphs six, seven and eight above. ++EP++

Page 4

10. The national primary drinking water regulations, at 40 C.F.R. Section 141.32(b), require community water systems to notify the public of any failure to comply with applicable MCLs. The Defendant failed to notify the public of its MCL violations for coliform bacteria, as set forth in paragraph six above.

11. The national primary drinking water regulations at 40 C.F.R. Section 141.31(b), require community water systems to notify the State within 48 hours of any failure to comply with any national primary drinking water regulation set forth in 40 C.F.R. Part 141.

Defendant failed to notify the State of Mississippi, within the 48 hours prescribed by regulation, of any of the violations of national primary drinking water regulations set forth in paragraphs six, seven and eight above.

12. Defendant has begun to comply with the requirement of the SDWA and regulations promulgated thereunder. Defendant has recently conducted microbiological monitoring as required by 40 C.F.R. Section 141.21(b) and has commenced timely reporting of test results to the State of Mississippi as required by 40 C.F.R. Section 141.31.

NOW, THEREFORE, based on the foregoing, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

SECTION ONE Compliance Measures

13. Upon entry of this Consent Decree, Defendant shall comply with the requirements of 40 C.F.R. Section 141.14. ++EP++

Page 5

14. Upon entry of this Consent Decree, Defendant shall comply with the applicable requirements of 40 C.F.R. Section 141.21.

15. Upon entry of this Consent Decree, Defendant shall comply with the applicable requirements of 40 C.F.R. Section 141.31.

16. Upon entry of this Consent Decree, Defendant shall comply with the applicable requirements of 40 C.F.R. Section 141.32.

17. Commencing not later than 30 days after entry of this Consent Decree and continuing at monthly intervals thereafter, Defendant shall submit to EPA and the Mississippi State Department of Health, Division of Water Supply, copies of all reports necessary to demonstrate compliance with:

(a) 40 C.F.R. Section 141.14-sampling for microbiological contaminants not exceeding the maximum contaminant level;

(b) 40 C.F.R. 1141.21-sampling and analytical requirements for coliform bacteria;

(c) 40 C.F.R. Section 141.31-reporting to the State; and

(d) 40 C.F.R. Section 141.32-public notification.

Copies shall be addressed to the Director, Water Management Division, U.S. Environmental Protection Agency Region IV, 345 Courtland Street, Atlanta, Georgia 30365.

18. Defendant shall report all violations and anticipated violations of this Consent Decree to the Director, Water Management Division, United States Environmental Protection Agency, and to the Mississippi State Department of Health, Division of Water Supply by phone within twenty-four hours and in writing within five days of learning that such violation has occurred or will occur, explaining the violation or anticipated ++EP++ violation, how long it has lasted and will last, its cause and all measures taken or to be taken to minimize adverse impacts on human health and the environment.

Page 6

Failure by the Defendant to comply with the notice requirements of this section shall constitute a waiver of the Defendant's right to obtain an extension of time for its obligations under this section based on such incident.

If EPA Region IV agrees that the violation has been or will be caused entirely by circumstances beyond the control of the Defendant or any entity controlled by the Defendant, including the Defendant's consultants and contractors, and that the Defendant could not have foreseen and prevented such violation, the time for performance of such requirement may be extended for a period not to exceed the actual delay resulting from such circumstance, and stipulated penalties shall not be due for said delay. In the event that EPA Region IV does not so agree, the Defendant may submit the matter to the Court for resolution pursuant to Section s Twenty-Seven and Twenty-Eight of this Decree. EPA shall notify the Defendant in writing of EPA's agreement or disagreement with the Defendant's claim of a delay or impediment to performance within forty-five (45) days of receipt of the Defendant's notice of a violation or an anticipated violation. If the Defendant submits the matter to the Court for resolution and the Court determines that the violation was caused entirely by circumstances beyond the control of the Defendant, the Defendant shall be excused as to that ++EP++

violation, but only for the period of time the violation continues due to such circumstances.

Page 7

Unanticipated or increased costs or expenses associated with the implementation of this Decree or changed financial circumstances shall not, in any event, serve as a basis for changes in this Decree or extensions of time under this Decree.

The Defendant shall bear the burden of proving that any delay or violation of any requirement of this Consent Decree was caused entirely by circumstances beyond the control of the Defendant. Defendant shall also bear the burden of proving the duration and extent of any delay or violation attributable to such circumstances.

19. Defendant shall hire and continue to employ a Certified Operator to operate and maintain the Defendant's public water supply system, so as to ensure compliance with all applicable federal and state statutes and regulations. Defendant shall employ such certified Operator for at least three (3) years following the date of entry of this Decree.

SECTION TWO

Stipulated Penalties for Violations of Consent Decree

20. In the event that Defendant violates any of the terms or conditions of this Consent Decree including its reporting requirements it shall pay to the United States a stipulated penalty of $100.00 per day per violation for the first seven days of each such violation; $ 200.00 per day per violation for the next 20 days of each such violation and $500.00 per day ++EP++ per violation for each day of each such violation thereafter.

Page 8

A violation of each term or condition of this Consent Decree shall constitute a separate violation requiring the payment of stipulated penalties. Payment shall be by certified check payable to the "Treasurer of the United States" and shall be delivered to the Office of the United States Attorney, Southern District of Mississippi, Jackson, Mississippi, 39225-2091. Payments shall be made monthly and shall include stipulated payments for all violations for the preceding month. Each payment shall be accompanied by a short statement explaining how the penalty was calculated. Copies of the check and calculation statements shall be simultaneously transmitted to the Director of Water Management, U.S. EPA Region IV, 345 Courtland Street, Atlanta, Georgia 30365.

21. Any dispute with respect to Defendant's liability for a stipulated penalty shall be resolved by this Court. Defendant shall have the burden of proof on any dispute concerning stipulated penalties.

22. The provisions of this Section shall not be construed to limit any other remedies, including but not limited to an action to compel compliance with the terms of this Decree or with the requirements of the Safe Drinking Water Act or the regulations promulgated thereunder, available to Plaintiff for violations of this Decree or any other provisions of law. ++EP++

Page 9 SECTION THREE Penalties for Past Violations

23. Defendant shall pay to the United States a civil penalty of six thousand dollars ($6000.00) in satisfaction of all claims by the United States as civil penalties for past violations of the Act as set forth in the Complaint. Payment shall be by certified or cashier's check payable to the "Treasurer of the United States" and shall be delivered to the Office of the United States Attorney, Southern District of Mississippi, Jackson Mississippi, 39225-2091. A copy of the check and transmittal letter shall be simultaneously sent to the Regional Counsel, U.S. EPA Region IV, 345 Courtland Street, Atlanta, Georgia 30365. As agreed, the payment schedule will be as follows:

$1500.00 Payable on or before January 31, 1989; $1500.00 Payable on or before June 30, 1989; $1500.00 Payable on or before January 31, 1990; and $1500.00 Payable on or before June 30, 1990. SECTION FOUR General Provisions

24. All copies of microbiological and inorganic chemical test results, reports, and notifications submitted by Defendant to EPA and the Mississippi State Department of Health, Division of Water Supply as required by Section One of this Decree shall be subject to public inspection and shall not be treated by EPA as confidential. ++EP++

Page 10

25. This Consent Decree in no way affects or relieves Defendant or responsibility to comply with any other Federal, States or local laws or regulations.

26. Any modification of this Consent Decree must be in writing and approved by this Court.

27. This Court shall retain jurisdiction of this cause solely for the purpose of enabling any party to apply to the Court at any time for such further relief as may be appropriate to interpret, enforce, modify or terminate the Decree.

28. This Consent Decree shall remain in effect until Defendant has complied with all of the terms of the Decree, including the payment of penalties and the employment of a Certified Operator, and until Defendant has demonstrated compliance with the SDWA and its implementing regulations for a period of twelve consecutive months.

29. It is further ordered that each party shall bear its own costs in this litigation, including attorney's fees. Dated this 15th day of March 1989.

AS DEFENDANT

Henry T. Wingate

UNITED STATES DISTRICT JUDGE

FOR THE UNITED STATES OF AMERICA

/s/ Lawrence Bulter

LAWRENCE BUTLER, Mayor

Town of Bolton

/s/

ROGER J. MARZULLA

Assistant Attorney General

Land & Natural Resources Division

U.S. Department of Justice

Washington, D.C. 20530

Civil Action No. J89-0027(W)

Consent Decree ++EP++

Civil Action No. J89-0027(W)

Consent Decree

/s/ W. A. Weinischke

WILLIAM A. WEINISCHKE, Attorney

Environmental Enforcement Section

Land & Natural Resources Division

U.S. Department of Justice

Washington, D.C. 20530

(202) 633-4592

GEORGE PHILLIPS

UNITED STATES ATTORNEY

Southern District of Mississippi

By: /s/David L. Lym

ASSISTANT UNITED STATES ATTORNEY

DANIEL E. LYNN

/s/ Thomas L. Adams

THOMAS L. ADAMS

Assistant Administrator for

Enforcement and

Compliance Monitoring

U.S. Environmental Protection

Agency, Headquarters

401 M Street, S.W.

Washington, D.C. 20460

/s/ James H. Sargent

JAMES H. SARGENT

Regional Counsel

U.S. Environmental Protection

Agency, Region IV

345 Courtland Street, N.E.

Atlanta, Georgia 30365 ++EP++

TOWN OF BOLTON MS

DOC 01 OF 02

COMPLAINT

04-89-C019

SDWA

MUNI

19890305

19890117

MSD981931496

PUBLIC WATER SUPPLY

BOLTON, MS

J89-0027 (W)

04

COMPLAINT IN U.S. V. TOWN OF BOLTON, MISSISSIPPI

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

UNITED STATES OF AMERICA Plaintiff,

v.

TOWN OF BOLTON, MISSISSIPPI Defendant.

Civil Action No.

COMPLAINT

The United States of America, through its undersigned counsel, and at the request and on behalf of the Administrator of the United States Environmental Protection Agency (EPA) alleges that:

1. This action arises under 42 U.S.C. Section 300g-3(b) of the Safe Drinking Water Act (SDWA), 42 U.S.C. Section 300f et seq. The United States seeks injunctive relief and civil penalties against the Defendant for violations of the SDWA and the national primary drinking water regulations, including maximum contaminant levels and monitoring, reporting and notification requirements.

JURISDICTION AND VENUE

2. This Court has jurisdiction over this action pursuant to 28 U.S. C. Section 1345 and 42 U.S.C. Section 300g-3(b).

3. Venue is proper in the Southern District of Mississippi pursuant to 28 U.S.C. Section 1391(b), because it is the judicial district in which the Town of Balton is located and in which the alleged violation occurred. ++EP++

Page 2 PARTIES

4. Plaintiff is the United States of America, acting at the request of and on behalf of the Administrator of EPA.

5. Defendant Town of Bolton is a political subdivision of the State of Mississippi, duly chartered and formed under the laws of the States of Mississippi.

FIRST CLAIM

6. The Defendant owns and operates a public water supply system. That system includes approximately three hundred - thirty (330) service connections and serves approximately one thousand fifty-six (1056) individuals. Therefore, the system is a "public water system" as that term is defined in 42 U.S.C. Section 300f-4 and a "community water system" as that term is defined in 40 C.F.R. Section 141.2(e)(i).

7. The Defendant has operated its public water system since 1922. The system consists of two wells, each of which is nine hundred-sixty (960) feet deep and an elevated storage tank with a capacity of fifty-thousand (50,000) gallons. Treatment of water at Defendant's system consists of chlorination only.

8. As the owner and operator of a "community water system", the Defendant is subject to national primary drinking water regulations, promulgated for the purpose of implementing the SDWA.

9. The national primary drinking water regulations, at 40 C.F.R. Section 141.14, include a maximum contaminant level (MCL) for coliform bacteria, applicable to water supplied by community ++EP++ water systems.

Page 3

The Defendant failed to meet the MCL for coliform bacteria for the following months:

April, May and June 1983; July, August, September, October, November and December 1984.

10. Protection of the public health requires that this court enjoin Defendant from committing further violations of the contaminant limitations in 40 C.F.R. Section 141.14. Defendant is further subject to a civil penalty not to exceed $5,000 for each day an MCL violation occurred.

SECOND CLAIM

11. Plaintiff here realleges paragraphs one through ten.

12. The national primary drinking water regulations, at 40 C.F.R. Section 141. 21(a) and (b) require community water systems to monitor and analyze for coliform bacteria. Defendant has failed to meet those monitoring and analysis requirements for the following months:

July, August, October, and December 1983; March and April 1984; January, March, April, May, June, July, August, September, October, November, and December 1985; January, February, March, April, May, June, July, August, September, October, November, and December 1986; and January, February, March, April, June, July, August and September 1987.

13. Protection of the public health requires that this Court enjoin Defendant from committing further violations of the monitoring and analytical requirements in 40 C.F.R. Section 141.21(a) ++EP++ and (b).

Page 4

Defendant is further subject to a civil penalty not to exceed $5,000 for each monitoring and analysis violation occurring prior to June 19, 1986, and a civil penalty not to exceed $25,000 for each monitoring and analysis violation occurring on or after June 19, 1986.

THIRD CLAIM

14. Plaintiff here realleges paragraphs one through thirteen.

15. The national primary drinking water regulations, at 40 C.F.R. Section 141.21(d)(1), require community water systems to perform recheck sampling and analysis when coliform bacteria in a single sample exceeds a specified level. The Defendant failed to perform recheck sampling and analysis, pursuant to 40 C.F.R. Section 141.21(d)(1) for the following months:

July, August, September, October, November, and December 1984.

16. Protection of the public health requires that this Court enjoin Defen