FOR IMMEDIATE RELEASE ENR
WEDNESDAY, APRIL 16, 1997 (202) 514-2008
TDD (202) 514-1888
UNITED STATES MOVES TO PROVIDE RESIDENTS OF WEST TEXAS
BORDER COMMUNITY WITH SAFE DRINKING WATER
Action Taken Due to Threat of Contamination
WASHINGTON, D.C. The United States has secured an
agreement that will provide minority and low-income residents of
an El Paso County, Texas border community with a permanent supply
of safe drinking water, the Justice Department and the
Environmental Protection Agency announced today.
The agreement resolves a lawsuit brought by the United
States under an emergency powers provision of the Safe Drinking
Water Act because of concerns that drinking water wells serving
residents of the Cuna del Valle colonia may be contaminated.
The settlement was filed today by the Justice Department in
U.S. District Court in El Paso, on behalf of the Environmental
Protection Agency. It requires the developers who sold the lots
to supply the residents with an interim source of potable water
until water mains are constructed by the El Paso Lower Valley
Water District Authority. The new water mains, which will give
the colonia access to the public water utility, are necessary
because the lots were sold to the residents with no public water
supply or sewers available. The developers will pay for the
temporary water supply until construction of the permanent water
mains--set to begin in late 1997--is complete. They will then
pay for or construct the connections necessary to connect the
homes.
"Access to safe drinking water is a right that should flow
freely to all Americans," said Lois Schiffer, Assistant Attorney
General in charge of the Justice Department's Environment and
Natural Resources Division. "We will continue to work to ensure
that minority and low-income Americans have the same
environmental protections enjoyed by other Americans."
"Everyone living in the United States is entitled to safe
drinking water. The federal government will not hesitate to use
its emergency authority to prevent people from becoming sick from
contaminated water, along the border or anywhere else in the
United States," said Steve Herman, EPA Assistant Administrator
for Enforcement and Compliance Assurance. "We will continue to
work with the State of Texas and the El Paso city and county
authorities to investigate the health risks posed by colonias and
take actions needed to protect those who live in them."
"This case demonstrates that the United States will not
tolerate practices which concentrate low-income families on lots
lacking public water and sewer facilities, said Jane Saginaw, EPA
Regional Administrator. "Conditions in this type of environment
are clearly a threat to human health, and the responsible parties
will be held liable."
"The border region has serious health problems that require
creative solutions," said U.S. Attorney James William Blagg.
"Today's consent decree is a significant step in the effort to
protect the health of our citizens."
The Justice Department and EPA developed the case with the
assistance and cooperation of the office of Dan Morales, the
Attorney General of the State of Texas, and officials of the El
Paso City County Health Department.
Located near the U.S.-Mexico border, colonias typically
provide housing for low-income, Hispanic residents. They often
lack basic water service and a sewage treatment system. At some
colonias, shallow wells dug on the small lots are close to septic
systems or cesspools, making it easy for the well water to become
contaminated with bacteria and viruses from human feces. People
who drink water that is contaminated in this way can develop
serious enteric diseases including gastroenteritis,
salmonellosis, hepatitis, and cholera. These diseases cause
diarrhea and dehydration, which is especially serious and can be
life threatening to children and the elderly.
The settling defendants are Rio Bravo Farms, Ltd., a Texas
limited partnership, Pecotos Corp., a Texas corporation, Arthur
H. Ivey, Arthur H. Ivey, Jr., Cuna del Valle, Ltd., a Texas
limited partnership, and CDV Investments, Inc., a Texas
corporation.
Developers who encounter similar situations at their
colonias should contact Renea Ryland, Enforcement Council in
EPA's regional headquarters in Dallas at (214) 665-2130.
Notice of the proposed settlement, known as a consent
decree, will be published in the Federal Register. Any person
may submit written comments concerning the proposed decree during
the 14 day comment period following publication in the Federal
Register, to the Assistant Attorney General, Environment and
Natural Resources Division, U.S. Department of Justice, 950
Pennsylvania Avenue, N.W., Washington, D.C. 20530.
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