EPA v. ATHENS (AL) WATER DEPARTMENT WATER SYSTEM

Case summary

6/10/04 - COMPLIANCE ORDER ISSUED. VIOLATION: FAILURE TO MONITOR FOR THE UNREGULATED CONTAMINANT MONITORING REGULATION (UCMR) LIST 1 CONTAMINANTS WITHIN THE REQUIRED TIMEFRAME. ORDER REQUIRES: THE SYSTEM SHALL MONITOR FOR THE LIST 1 UCMR CONTAMINANTS: 2,4-DINITROTOLUENE DCPA DI-ACID DEGRADATE EPTC NITROBENZENE 2,6-DINITROTOLUENE DCPA MONO-ACID DEGRADATE MOLINATE PERCHLORATE ACETOCHLOR DDE MTBE TERBACIL THE SYSTEM MUST COLLECT FOUR QUARTERLY SAMPLES IN ONE 12-MONTH PERIOD ACCORDING TO THE FOLLOWING SCHEDULE: FIRST SAMPLE: WAS REPORTEDLY COLLECTED ON MARCH 30, 2004. SECOND SAMPLE: BETWEEN JUNE 1 AND JUNE 30, 2004. THIRD SAMPLE: BETWEEN SEPTEMBER 1 AND SEPTEMBER 30, 2004. FOURTH SAMPLE: BETWEEN DECEMBER 1 AND DECEMBER 31, 2004. SYSTEM SHALL NOTIFY EPA IN WRITING WHEN EACH SAMPLE HAS BEEN COLLECTED. SYSTEM SHALL REPORT TO EPA THE RESULTS OF THE LIST 1 UCMR MONITORING BY FEBRUARY 1, 2005. SYSTEM SHALL NOTIFY PERSONS SERVED BY THE SYSTEM OF THE AVAILABILITY OF THE RESULTS OF THE UNREGULATED CONTAMINANT SAMPLING BY THE SCHEDULE BELOW. THE SYSTEM SHALL NOTIFY THE PUBLIC OF THE MONITORING RESULTS. BY APRIL 1, 2005 - PROVIDE TIER 3 PUBLIC NOTICE OF THE AVAILABILITY OF THE RESULTS OF THE MARCH 30, 2004 LIST 1 UCMR MONITORING RESULTS. BY JULY 1, 2005 - PROVIDE TIER 3 PUBLIC NOTICE OF THE AVAILABILITY OF THE RESULTS OF THE JUNE, SEPTEMBER AND DECEMBER 2004 LIST 1 UCMR MONITORING RESULTS - THIS MAY BE DONE IN THE 2004 CONSUMER CONFIDENCE REPORT. BY JULY 1, 2005 - INCLUDE THE RESULTS OF ANY DETECTED LIST 1 UCMR CONTAMINANT IN THE CONSUMER CONFIDENCE REPORT. WITHIN 10 DAYS OF COMPLETING THE PUBLIC NOTIFICATION REQUIREMENTS ABOVE, THE SYSTEM SHALL SUBMIT TO EPA A CERTIFICATION THAT IT HAS FULLY COMPLIED WITH THE PUBLIC NOTIFICATION REGULATIONS. THE SYSTEM MUST ALSO SUBMIT A REPRESENTATIVE COPY OF EACH TYPE OF NOTICE DISTRIBUTED, PUBLISHED, POSTED, AND MADE AVAILABLE TO THE PERSONS SERVED BY THE SYSTEM AND TO THE MEDIA. SYSTEM SHALL NOTIFY THE STATE OF ALABAMA, WITHIN 48 HOURS, OF THE FAILURE TO COMPLY WITH THE REQUIREMENTS OF THE UCMR. BY JULY 1, 2004, THE SYSTEM SHALL PROVIDE CERTIFICATION TO EPA: (1) THAT THE STATE NOTIFICATION WAS ACCOMPLISHED AND (2) OF THE METHOD OF NOTIFICATION. BY JANUARY 1, 2005, THE SYSTEM SHALL PUBLISH A WRITTEN PUBLIC NOTICE IN ACCORDANCE WITH 40 CFR 141.201. THIS NOTICE SHALL BE GIVEN TO ALL OF THE SYSTEM'S CUSTOMERS NOTIFYING THEM OF THE SYSTEM'S AFOREMENTIONED VIOLATIONS. WITHIN 10 DAYS OF COMPLETING THE PUBLIC NOTIFICATION REQUIREMENTS, THE SYSTEM SHALL SUBMIT TO EPA A CERTIFICATION THAT IT HAS FULLY COMPLIED WITH THE PUBLIC NOTIFICATION REQUIREMENTS AND SUBMIT A REPRESENTATIVE COPY OF EACH TYPE OF NOTICE DISTRIBUTED, PUBLISHED, POSTED AND MADE AVAILABLE .

Defendants (1)

• ATHENS WATER DEPARTMENT WATER SYSTEMNamed in settlement

Facilities (1)

• ATHENS WATER TREATMENT PLANT

  15575 SECTION LINE ROAD, ELKMONT, AL, 35620

  Registry ID: 110009122298

Statutes cited

• SDWA 1445 — Record keeping and/or Access

Enforcement conclusions (1)

• ATHENS (AL) WATER DEPARTMENT WATER SYSTEMentered 2004-05-07

  Primary law: SDWA

Timeline (3 milestones)

• 2004-05-07Final Order Issued
• 2004-07-01Enforcement Action Data Entered
• 2006-05-16Enforcement Action Closed