BRIEF SYNOPSIS OF THE CASE: THE TOWN OF BETHANY OWNS AND OPERATES A COMMUNITY WATER SY STEM FOR THE TOWN OF BETHANY, INDIANA. FROM FEBRUARY 1982, TO MARCH 1986, THE SYSTEM HAS EXPERIENCED SEVEN VIOLATIONS OF THE MAXIMUM CONTAMINANT (MCL) LEVEL FOR COLIFORM BACTERIA CONTAINED IN THE NATL PRIMARY DRINKING WATER REGULATIONS. THREE VIOLATIONS OF MONITORING AND SAMPLING REQUIREMENTS FOR COLIFORM BACTERIA ALSO OCCURRED DURING THE SAME TIME PERIOD. THE TOWN OF BETHANY ALSO FAILED TO NOTIFY USERS OF THE SYS- TEM AND THE PUBLIC WHEN SIX OF THE MCL VIOLATIONS AND ALL OF THE MONITORING AND SAMPLING VIOLATIONS OCCURRED, AS REQUIRED BY THE REGULATIONS. BECAUSE INDIANA DOES NOT HAVE AN APPROVED STATE PROGRAM, USEPA HAS AUTHORITY TO ENFORCE THE REQUIREMENTS OF THE SAFE DRINKING WATER ACT AND THE NATL INTERIM PRIMARY DRINKING WA- TER REGULATIONS PROMULGATED THEREUNDER. CONCLUSION: WE HAVE CONCLUDED THAT REFERRAL OF THIS MATTER IS APPROPRI ATE. THE PROJECTED DEFENDANT'S FAILURE TO COMPLY WITH REPOR TING AND NOTIFICATION REQUIREMENTS, COUPLED WITH THE PAST FAILURE TO PRODIVE DRINKING WATER WHICH DOES NOT EXCEED THE MCL FOR COLIFORM BACTERIA, GIVES RISE TO A POTENTIAL THREAT TO PUBLIC HEALTH WHICH SHOULD BE ABATED.