Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Beaverhead County Jackson Water

United States District Court, D. Montana

May 15, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
BEAVERHEAD COUNTY JACKSON WATER AND/OR SEWER DISTRICT, Defendant. Action Deadline Violation Stipulated Penalty

          John W. Sither Senior Attorney Environmental Enforcement Section Environment and Natural Resources Division U.S. Department of Justice, Kurt G. Alme United States Attorney Mark S. Smith Assistant United States Attorney Office of the United States Attorney

          Suzanne J. Bohan Assistant Regional Administrator Office of Enforcement, Compliance and Environmental Justice U.S. Environmental Protection Agency,

          Margaret J. (Peggy) Livingston Senior Enforcement Attorney Office of Enforcement, Compliance and Environmental Justice

          CONSENT DECREE

         TABLE OF CONTENTS

         I. JURISDICTION AND VENUE ................................................................................ 1

         II. APPLICABILITY ...................................................................................................... 2

         III. OBJECTIVE .............................................................................................................. 3

         IV. DEFINITIONS ........................................................................................................... 3

         V. COMPLIANCE REQUIREMENTS ......................................................................... 5

         VI. STIPULATED PENALTIES ..................................................................................... 9

         VII. RIGHT OF ENTRY ................................................................................................. 11

         VIII. FORCE MAJEURE ................................................................................................. 12

         IX. DISPUTE RESOLUTION ....................................................................................... 13

         X. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS ................................ 14

         XI. NOTICES ................................................................................................................. 15

         XII. EFFECTIVE DATE ................................................................................................. 16

         XIII. RETENTION OF JURISDICTION ......................................................................... 17

         XIV. MODIFICATION .................................................................................................... 17

         XV. TERMINATION ...................................................................................................... 17

         XVI. PUBLIC PARTICIPATION .................................................................................... 17

         XVII. SIGNATORIES/SERVICE ...................................................................................... 18

         XVIII. INTEGRATION ....................................................................................................... 18

         XIX. FINAL JUDGMENT ............................................................................................... 19

         WHERE AS, Plaintiff United States of America, on behalf of the United States Environmental Protection Agency (“EPA”), has filed a complaint in this action concurrently with this Consent Decree, alleging that Defendant, Beaverhead County Jackson Water and/or Sewer District (“Defendant”), violated certain National Primary Drinking Water Regulations (“NPDWRs”) promulgated pursuant to Section 1412 of the Safe Drinking Water Act (“SDWA” or the “Act”), 42 U.S.C. § 300g-1, and two administrative compliance orders issued by EPA pursuant to Section 1414 of the Act, 42 U.S.C. § 300g-3;

         WHEREAS, Defendant owns and/or operates a public water supply system that serves a resident population of approximately 28 individuals, a school population of approximately five individuals, and a resort population of approximately 15 individuals;

         WHEREAS, Defendant has very limited financial resources;

         WHEREAS, Defendant does not admit any liability to the United States arising out of the transactions or occurrences alleged in the Complaint; and

         WHEREAS, the Parties recognize, and the Court by entering this Consent Decree finds, that this Consent Decree has been negotiated by the Parties in good faith and will avoid litigation between the Parties and that this Consent Decree is fair, reasonable, and in the public interest.

         THEREFORE, IT IS ADJUDGED, ORDERED, AND DECREED as follows:

         I. JURISDICTION AND VENUE

         1. This Court has jurisdiction over the subject matter of this action, pursuant to 28 U.S.C. §§ 1331, 1345, and 1355, and Section 1414 of the Act, 42 U.S.C. § 300g-3, and over the Parties. Venue lies in this District for purposes of this Decree, or any action to enforce this Decree, pursuant to 28 U.S.C. §§ 1391(b)(2) and 1395(a) because the events or omissions giving rise to the claims alleged in the Complaint occurred in this district. Defendant consents to the Court's jurisdiction over this Decree and to venue in this judicial district.

         2. For purposes of this Consent Decree, Defendant agrees that the Complaint states claims upon which relief may be granted pursuant to Section 1414(b) of the Act, 42 U.S.C. § 300g-3(b).

         II. APPLICABILITY

         3. Defendant owns and/or operates a public water supply system (the “System”) in Beaverhead County, Montana, which provides water through pipes or other constructed conveyances to the public for human consumption. The System is subject to the NPDWRs.

         4. The obligations of this Consent Decree apply to and are binding upon Defendant, its successors, transferees, or assigns, and any employee or agent acting on behalf of Defendant or its successors, transferees, or assigns, and on the United States.

         5. No. transfer of ownership or operation of the System, whether in compliance with the procedures of this Paragraph or otherwise, shall relieve Defendant of its obligation to ensure that the terms of the Decree are implemented, unless (a) the transferee is a county or other government agency authorized to operate a water system under Montana law that agrees to undertake the obligations of this Decree; and (b) EPA consents to the transferee's undertaking of defendant's Consent Decree obligations. At least 30 Days prior to any such transfer, Defendant shall provide a copy of this Consent Decree to the proposed transferee and shall simultaneously provide written notice of the prospective transfer, together with a copy of the proposed written agreement, to EPA Region 8, and the United States Department of Justice, in accordance with Section XI (Notices). Any attempt to transfer ownership or operation of the System without complying with this Paragraph constitutes a violation of this Decree.

         6. Defendant shall provide a copy of this Consent Decree to all officers, employees, and agents whose duties might reasonably include compliance with any provision of this Decree, as well as to any contractor or sub-contractor retained to perform work required under this Consent Decree. Defendant shall condition any relevant contract upon performance of the work in conformity with the terms of this Consent Decree.

         7. In any action to enforce this Consent Decree, Defendant shall not raise as a defense the failure by any of its officers, directors, employees, agents, contractors, or sub-contractors to take any actions necessary to comply with the provisions of this Consent Decree.

         III. OBJECTIVE

         8. It is the express goal of the Parties that the System achieve and maintain continual, long-term compliance with the NPDWRs and Montana's drinking water regulations in order to protect public health in the town of Jackson, Montana. All obligations under this Consent Decree shall be interpreted in a manner consistent with this goal.

         IV. DEFINITIONS

         9. Terms used in this Consent Decree that are defined in the Act or in the NPDWRs shall have the meanings assigned to them in the Act or such regulations, unless otherwise provided in this Decree. Whenever the terms set forth below are used in this Consent Decree, the following definitions shall apply:

“Act” shall mean the Public Health Service Act (also known as the “Safe Drinking Water Act” or “SDWA”), 42 U.S.C. §§ 300f through 300j-26;
“Application” shall have the definition in Paragraph 16;
“Complaint” shall mean the complaint filed by the United States in this action;
“Compliance Date” shall be December 31, 2018;
“Consent Decree” or “Decree” shall mean this Decree;
“Day” shall mean a calendar day unless expressly stated to be a business day. In computing any period of time under this Consent Decree, where the last day would fall on a Saturday, Sunday, or federal holiday, the period shall run until the close of business of the next business day;
“Defendant” shall mean Beaverhead County Jackson Water and/or Sewer District, a unit of local government created pursuant to Title 7, Chapter 13, Part 22 of the Montana Code;
“EPA” shall mean the United States Environmental Protection Agency and any of its successor departments or agencies;
“Effective Date” shall mean the date upon which this Consent Decree is entered by the Court or a motion to enter the Consent Decree is granted, whichever occurs first, consistent with Section XII (Effective Date);
“Force Majeure” shall have the definition in section VIII;
“MCLs” shall mean Maximum Contaminant Levels as specified in the NPDWRs;
“MDEQ” shall mean the Montana Department of Environmental Quality;
“mg/l” shall mean milligrams per liter;
“NPDWRs” shall mean the National Primary Drinking Water Regulations, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.