United States v. Alisal Water Corp.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. INTRODUCTION

Trial in the above-entitled action commenced on December 4, 2001 and concluded on January 8, 2002. On February 7, 2002, the Court issued its Memorandum of Intended Decision outlining its proposed disposition of this matter. Having reviewed Plaintiffs proposed findings of fact and conclusions of law and Defendants’ objections thereto, the Court now sets forth the factual and legal basis for its Order Appointing Equitable Receiver contemplated by the Memorandum of Intended Decision and issued simultaneously herewith. Issues related to civil penalty, which will be the subject of further proceedings, will be the subject of a future Memorandum

This case, originally filed in January 1997, arises under the federal Safe Drinking Water Act (“SDWA” or the “Act”), 42 U.S.C. §§ 300f, et seq., and its regulations. The operative complaint alleges violations of the SDWA by corporate defendants Ali-sal Water Corporation; Toro Water Service, Inc.; North Monterey County Water Service, Inc.; Moss Landing Water Service, Inc. (collectively, “Alisal”); and individual defendants Robert T. and Natholyn P. Adcock at nine drinking water companies…