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Estell S/D, Lot 2

Judicial · FY2017 · — · Default Order With Penalty · 3601170460

Penalty
Cost recovery
Compliance action

Case

Case Number
10-2017-0185
Type
Judicial
Lead
EPA
Outcome
Default Order With Penalty
DOJ Docket
90-5-1-1-11803
Multimedia
Self-disclosure
N

Defendants (1)

Summary

On June 15, 2018 US District Court for the District of Alaska granted DOJs motion requesting a default judgment in United States v. Tush for the amount of $588,684 for SDWA violations because the PWS owner, Ms. Tush, failed to respond to the Complaint after receiving timely notice of the action. DOJ and EPA deemed such a monetary penalty was appropriate based on SDWA statutory factors for the near-decade of a host of violations, including perennial exceedances of the maximum contaminant level for arsenic in water served to the apartment complex connected to the contaminated public water system. Also Ms. Tushs lack of cooperation with state, EPA, and DOJ efforts to protect public health was extreme. The motion seeks a default judgment, but explains that EPA would consider an ability to pay claim should defendant assert a credible claim.

Source

Authoritative
EPA ECHO
Machine
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