[ADEQ Media] ADEQ Director Owens and Attorney General Goddard Announce Lawsuit against Far West Water & Sewer Co. and H & S Developers for Water and Air Quality Violations in Yuma

[media@lists.azdeq.gov]

ADEQ Director Owens and Attorney General Goddard Announce Lawsuit
against Far West Water & Sewer Co. and H & S Developers for Water and
Air Quality Violations in Yuma 

PHOENIX (Sept. 10, 2008) - Arizona Department of Environmental Quality
Director Steve Owens and Attorney General Terry Goddard announced today
that they have filed a lawsuit against Far West Water & Sewer Company,
Inc. (Far West) and H & S Developers, Inc. (H & S) seeking penalties of
up to $25,000 per day for numerous, long-standing and repeated water and
air quality violations in Yuma County. 

Far West is the company currently providing water and sewer service to
the affected Yuma-area community.  H & S originally developed this area
of Yuma.  Before April 1998, H & S and Far West operated as one company.
About that time, H & S formed Far West as a separate corporation and
transferred drinking water and wastewater facilities to Far West.

The 49-page Complaint lists 50 counts against the companies.
Thirty-eight of the counts are for violations at Far West's seven sewage
treatment facilities and the other counts are against Far West and H & S
for drinking-water violations that began before April 1998 before Far
West became a separate company. 

"These were very serious violations that put the community potentially
at risk," Director Owens said. "We have taken action against Far West
and H & S in the past to make sure the company operates these facilities
in a safe and lawful way.  While the violations have been corrected,
significant penalties are absolutely warranted because of the magnitude
and number of these violations."  

"Arizonans must be able to trust that businesses providing their basic
necessities will place public safety ahead of corporate profits,"
Attorney General Goddard said. "I will aggressively pursue Far West, H &
S and any company that violates this trust and jeopardizes the security
of our communities."
  
The Complaint alleges numerous violations at Far West's wastewater
treatment plants (WWTPs) -- Del Oro, Villa Del Rey, Villa Royale,
Section 14, Palm Shadows, Seasons, and Marwood --  including building or
running WWTPs without existing or amended permits; releasing
WWTP-reclaimed water for golf course irrigation without proper
authorization; releasing odorous pollutants from insufficiently treated
wastewater; failing to properly sample and monitor water for
contaminants; exceeding permit limits for contaminants such as nitrate;
and failing to notify ADEQ about violations in a timely manner.   

ADEQ took enforcement action against Far West for the violations, and in
2006, Far West agreed in a Consent Order with ADEQ to close three of its
WWTPs, to expand one, and to upgrade and consolidate operations at the
remaining WWTPs to correct all violations cited by ADEQ. 

"Those serious violations stemmed from Far West's attempt to operate
beyond its ability to handle the volume of wastewater generated by the
community," Director Owens said.

The Complaint also alleges numerous safe drinking water violations over
many years by Far West and H & S, with some going as far back as 1989.
The alleged violations include failure to properly sample for the
potential presence of a number of contaminants in the drinking water,
such as coliform bacteria, radiochemicals, nitrates, trihalomethanes,
disinfectant residuals, inorganic chemicals, volatile organic chemicals
and synthetic organic chemicals; failure to report the result of any
testing and sampling for these contaminants; failure to have a proper
sampling plan; failure to have an emergency operations plan; failure to
provide public notice of violations; and failure to have a certified
water system operator.  

"While there fortunately were never any reported health problems
associated with these violations," Director Owens said, "these testing,
sampling and reporting requirements exist for a very fundamental,
important reason: to protect the health and safety of the community.
These violations are completely unacceptable."

Far West currently is meeting all drinking water monitoring and
reporting requirements. 

The penalties sought in the Complaint range from $500 per day per
drinking-water violation to up to $25,000 per day per wastewater
treatment violation.

-30-

News media interested in additional information on this or any other
topic concerning the Arizona Department of Environmental Quality should
contact the Office of Communications at (602) 771-2215 or via email at
communications@azdeq.gov.

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