# LOWELL WATER DEPARTMENT - TOWN OF
> **Judicial** · FY1988 · — · Final Order With Penalty
## Case
- **Activity ID:** `26891`
- **Case Number:** 05-1988-0190
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $65K
- **Cost recovery:** $0
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- LOWELL WATER DEPARTMENT - TOWN OF (complaint) (settlement)
## Summary

THE TOWN OF LOWELL WATER DEPT. HAS VIOLATED SECTION 1414(G)  OF THE SDWA, 42 U.S.C. 300G-3(G) AND ITS IMPLEMENTING REGULA TIONS AT 40 C.F.R. PART 141.  THE REGULATIONS ARE PART OF    THE NATIONAL PRIMARY DRINKING WATER REGULATIONS WHICH RE-    QUIRE PUBLIC WATER SYSTEMS TO COMPLY WITH MAXIMUM CONTAMI-   NANT LEVELS (MCL) SET BY THE ADMINISTRATOR AND REQUIRE COM-  PLIANCE WTIH VARIOUS NOTIFICAITON REQUIREMENTS.              -                                                            THIS REFERRAL IS BASED ON A SANITARY SURVEY VISIT CONDUCTED  BY EPA, REGION 5, TO LOWELL'S WATER SYSTEM IN AUGUST 1987.   THE AVERAGE ANALYSES RESULTS OF 4 SAMPLES TAKEN FROM         LOWELL'S DRINKING WATER SUPPLY THAT MONTH EXCEEDED THE MCL   FOR FLUORIDE, AS PRESCRIBED BY 40 C.F.R. SECTION 141.11(C).  CONSEQUENTLY, EPA ISSUED A PROPOSED ADMINISTRATIVE ORDER,    AND THEN A FINAL ADMINISTRATIVE ORDER, WHICH REQUIRED LOWELL TO COMPLY WITH THE FLOURIDE MCL BY DECEMBER 1, 1989.  LOWELL FAILED TO MEET THAT COMPLIANCE DATE AND FAILED TO COMPLY     WITH THE REPORTING REQUIREMENTS OF 40 C.F.R. SECTIONS        141.31(B), (D), 141.32(A)(2) AND (E)(9).                     -                                                            REGION 5 SEEKS TO PERMANENTLY ENJOIN LOWELL FROM FURTHER     VIOLATIONS OF THE NPDWR AND SEEKS A CIVIL PENALTY.           -                                                            THIS CASE IS SIGNIFICANT TO THE REGION BECAUSE IT IS THE     FIRST CIVIL JUDICIAL ACTION IT HAS P

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