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United States v. Midway Heights County Water Dist.

Citation: 19 ELR 20140
No. No. Civ. S-87-1112-RAR/EM, 27 ERC 2181, 2183/(E.D. Cal., 02/26/1988, 03/25/2088) Preliminary injunction issued

The court issues a preliminary injunction requiring a public water system charged with violations of the Safe Drinking Water Act to notify customers of its violations of the maximum contaminant levels (MCLs) for microbiological contaminants and turbidity, and to follow a schedule to supply potable water to its customers by using chlorination and coagulation. The court finds that defendant violated the MCLs for all of 1987, failed to notify the Environmental Protection Agency or the public of the violations, and has never treated its water. In addition, water entering defendant's system may become contaminated by highway runoff, animal feces, human fecal material, and high levels of coliform bacteria. The court holds that the presence or likelihood that these contaminants will enter the water system presents an imminent and substantial endangerment to human health and that plaintiff has satisfied the requirements for issuance of a preliminary injunction. The court also requires defendant to monitor, analyze, and report on the system's water quality.

Counsel for Plaintiff
Robert H. Foster
Environmental Enforcement Section, U.S. Department of Justice

P.O. Box 7611, Ben Franklin Station, Washington DC 20044
(202) 633-1448

Counsel for Defendant
Noble Sprunger
347 Main St., Placerville CA 95643
(916) 626-3021