On, May 10, 2004 the Region III Water Protection Division Director filed a Findings of Violation and Proposed Order for Compliance (Proposed Order) alleging violations of the Underground Injection Control Program regulations by Mr. Warner Tshopp, Sr. At his facility located at 416 Route 6 and 209, Milford, Pennsylvania. The proposed Order provides that Mr. Tshopp���s septic system and floor drain disposal systems at his facility may convey contaminants to a underground source of drinking water (���USDW���) the presence of which may cause a violation of a national primary drinking water regulation or may otherwise adversely affect the health of persons. The Complainant therefore alleges that Mr. Tshopp is in violation of 40 C.F.R. �� 144.12 which prohibits any injection activity which allows the movement of fluids containing any contaminant into USDWs, if the presence of that contaminant may cause a violation of any primary drinking water regulation or may otherwise adversely affect the health of persons.
The Proposed Order if finalized would require the Respondent to: (1) discontinue the use of its floor drain disposal system and permanently close the floor drains; (2) identify the location of the subsurface discharge point(s) of the two subsurface floor drain systems: (3) pump the contents of the septic tank and dispose of its contents; (4) modify the pipe leading from the septic tank to the ground surface so that the pipe is not open to the sur