[P]ico Village Water Corp. has agreed to pay $37,000 to the state after failing to comply with its water supply permit. The nonprofit corporation owns and manages a small water system in Killington that provides drinking water to about 90 people.
In all, Pico Village Water Corp. admitted nine violations of its public water supply permit and two violations of Vermont’s water supply rule, which regulates public and private water systems.
The violations included not submitting monthly operating reports as well as lead and copper sampling plans; failing to have a certified operator; and failing to show it had responded appropriately when elevated levels of lead and fecal coliform were found in the water. The violations occurred between 2013 and 2014.
“Pico Village had their own drinking water system that they managed through this corporation, and they failed to manage it properly,” said Assistant Attorney General Justin Kolber. The system serves mostly second-home owners. It has two well systems and a single pump station.
In 2007 the Agency of Natural Resources found the group to be in violation of the state’s water supply rule, according to the settlement filed in Rutland County Superior Court. In 2009 the corporation entered into an agreement with the Agency of Natural Resources to settle numerous violations and pay a $12,000 fine.
However, it failed to meet the terms of the agreement, and from 2012 to 2013 the system had a chlorine leak in the distribution system, a lead level that exceeded state limits, and the presence of fecal coliform, according to the settlement. In 2013 the ANR issued a public water supply permit to Pico Village Water Corp. with the understanding it would come into compliance and submit reports and documents in a timely manner.
Again the corporation failed to fulfill the agreement, according to the court filing, and the case was turned over to the attorney general’s office.
“Vermont has a robust regulatory program to protect our public drinking water supplies, and we will hold water supply operators accountable to the highest levels of compliance,” Attorney General William Sorrell said in a news release Monday. “This case is a strong example of the importance of the reporting and monitoring requirements contained in environmental permits.”
Pico Village Water Corp. is a registered domestic nonprofit corporation. Its president, Ralph Thompson, said it has taken a long time to resolve the issue with the state and that he’d have to consult his attorney before commenting.
The attorney, David G. Carpenter, declined to comment.
According to the corporation’s filing with the secretary of state’s office, the group’s registered agent is Walter J. Findeisen, owner of ERA Mountain Real Estate in Killington. However, reached by phone Monday, Findeisen said he was no longer involved with the corporation. “I haven’t been involved with them for the last year,” Findeisen said. Asked about the permit violations, he said, “I don’t know anything.”
Since the enforcement action, the water system has substantially complied with its permit, the settlement says. In addition to the $37,000 fine, the corporation must still provide ANR a final lead and copper sampling plan within 30 days.
