EPA v. SMYRNA WATER DEPARTMENT

Case summary

On June 5, 2024, Region 3 issued an Administrative Order (AO), U.S. EPA Docket No. SDWA-03-2024-0105DS, to Smyrna Water Department for failure to comply with the requirements of Section 1433 of the SDWA, as amended by AWIA. On February 21, 2024, the EPA conducted an announced Compliance Evaluation Inspection under Section 1445 of the SDWA, 42 U.S.C. 300j-4, of Smyrna Water Department to evaluate the Respondent's compliance with the AWIA requirements. Section 1433 required that PWSs serving over 3,300 people conduct a Risk and Resilience Assessment (RRA) and, within six months after the RRA, revise its emergency response plan (ERP) to address the RRA findings. At the time of inspection, the EPA reviewed a copy of Smyrna Water Department's RRA and ERP. EPA issued the AO to Smyrna Water Department because it had not complied with the AWIA requirements. EPA directly implements the Section 1433 requirements but EPA has notified the state of Delaware of this action.

Defendants (1)

• SMYRNA WATER DEPARTMENTNamed in settlement

Facilities (2)

• SMYRNA WATER DEPARTMENT

  PO BOX 307, SMYRNA, DE, 19977

  Registry ID: 110013191633

• SMYRNA WATER DEPARTMENT

  220 ARTESIAN DRIVE, SMYRNA, DE, 19977

  Registry ID: 110071752884

Statutes cited

• SDWA 1433 — Intentional Acts

Enforcement conclusions (1)

• SMYRNA WATER DEPARTMENTentered 2024-06-03

  Primary law: SDWA

Timeline (3 milestones)

• 2024-06-03Final Order Issued
• 2024-06-11Enforcement Action Data Entered
• 2024-08-27Enforcement Action Closed