United States v. Neskowin Enterprises, Inc.

No. 79-324 (D. Or. May 7, 1979)

ELR Digest

The court preliminarily enjoins defendants' mode of operation of the public drinking water system facility at the town of Neskowin and orders that specific actions be taken to protect the public health because the operation violates numerous provisions of the Safe Drinking Water Act, 42 U.S.C. § 300g-1, et seq., and its regulations, specifically, 40 C.F.R. §§ 141.13-.14, 141.21-.22, and 141.31-.32. The court finds that such violations are likely to recur in the immediate future and thus pose a sufficient threat to the users of the water system and the public generally to warrant injunctive relief. The court has jurisdiction to issue a mandatory order requiring defendants to abate the currently existing hazardous condition under 42 U.S.C. § 300g-3(b), and the power to remove a public hazard or threat under Oregon Revised Statutes § 448.250. The court orders defendants to purchase, install, and maintain certain equipment and otherwise to modify the existing water system, monitor the system and submit all data obtained to the regional office of the Environmental Protection Agency, mail notice to users of the system regarding the present contamination and precautions to be taken, post warning signs at all restaurants and lodgings served by the system, take weekly warning advertisements in local newspapers, and make available to the public a supply of potable water.

The full text of this opinion is available from ELR (8 pp. $1.00, ELR Order No. C-1165).

Counsel for Plaintiff
Sidney I. Lezak, U.S. Attorney; Thomas C. Lee, Ass't U.S. Attorney
506 U.S. Courthouse, P.O. Box 71, Portland OR 97207
(503) 221-2101

Counsel for Defendants
Herbert R. DeSelms
P.O. Box 254, Lincoln City OR 97367
(503) 994-2127

Juba, Magistrate

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]