EPA v. PINNACLE WATER ASSOCIATION

Case summary

On November 17, 2022, EPA, Region 3 signed an Administrative Order on Consent ( AOC ) with Pinnacle Water Association ( Pinnacle ) alleging violations of the SDWA at its public water system located at 3327 Giatto Road, Rock, WV, PWS Identification Number WV3302828. This enforcement action furthers SDWA's goal of protecting the quality of the nation's drinking water. Pinnacle's violations include failure to monitor for total coliform, arsenic, inorganic chemicals, volatile organic chemicals, synthetic organic chemicals, nitrate, radionuclides, disinfectant residuals levels from chlorine, Stage 2 Disinfection Byproducts: HAA5 and TTHM, the Lead and Copper Rule, and the treatment for groundwater; failure to produce and deliver a copy of the Consumer Confidence Report to the public; failure to issue public notifications from 2018 to 2021; and failure to meet the requirements for qualified operators. EPA ordered Pinnacle, and Pinnacle has agreed to: (1) develop and submit a compliance plan to EPA and the West Virginia Department of Health and Human Resources ( WVDHHR ); (2) take and submit monitoring results for total coliform, arsenic, inorganic chemicals, volatile organic chemicals, synthetic organic chemicals, nitrate, radionuclides, disinfectant residuals levels from chlorine, Stage 2 Disinfection Byproducts: HAA5 and TTHM, the Lead and Copper Rule, and residual disinfectant concentration at the State-approved sampling location to address treatment for ground water; (3) issue a copy of the Consumer Confidence Report to the public; (4) issue all public notifications as needed, pursuant to 40 C.F.R. 141.201; and (5) enlist a certified Class 1 operator. Pinnacle is located in an area of potential EJ concern. WVDHHR has primary enforcement responsibility for public water systems located in West Virginia and implements the regulations of the State. EPA notified WVDHHR of this action.

Defendants (1)

• PINNACLE WATER ASSOCIATIONNamed in settlement

Facilities (1)

• PINNACLE WATER ASSOCIATION

  3327 GIATTO ROAD, ROCK, WV, 24747

  Registry ID: 110013725362

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations
• SDWA 1412 — Nat'l Drinking Water Compliance Schedule - Effective Date

Enforcement conclusions (1)

• PINNACLE WATER ASSOCIATIONentered 2022-11-16

  Primary law: SDWA

Timeline (3 milestones)

• 2022-11-16Final Order Issued
• 2022-11-22Enforcement Action Data Entered
• 2023-08-01Enforcement Action Closed