EPA v. MIDWAY WATER SYSTEM

Case summary

12/17/04 - ADMINISTRATIVE ORDER ISSUED. THE SYSTEM FAILED TO REPORT ANY OF THE RESULTS OF UNREGULATED CONTAMINANT MONITORING TO EPA USING THE ELECTRONIC REPORTING SYSTEM, IN VIOLATION OF 40 CFR 141.35(b) AND 141.35(e)(1). ORDER REQUIRES: THE SYSTEM SHALL REPORT TO EPA THE RESULTS OF MONITORING FOR THE LIST 1 UCMR CONTAMINANTS. THE SYSTEM SHALL REPORT TO EPA THE RESULTS OF THE LIST 1 UCMR MONITORING BY JANUARY 15, 2005. THE SYSTEM SHALL MAKE THIS REPORT BY USING EPA'S ELECTRONIC REPORTING SYSTEM. THE SYSTEM SHALL NOTIFY PERSONS SERVED BY THE SYSTEM OF THE AVAILABILITY OF THE RESULTS OF UNREGULATED CONTAMINANT SAMPLING BY THE SCHEDULE BELOW. THE SYSTEM SHALL NOTIFY THE PUBLIC OF THE MONITORING RESULTS AS PROVIDED IN SUBPART O (CONSUMER CONFIDENCE REPORT (CCR)) AND/OR SUBPART Q (PUBLIC NOTIFICATION) OF 40 CFR PART 141: BY JULY 1, 2005 - PROVIDE TIER 3 PUBLIC NOTICE OF THE AVAILABILITY OF THE RESULTS OF THE LIST 1 UCMR MONITORING RESULTS -- THIS MAY BE DONE IN THE 2004 CCR. BY JULY 1, 2005 - INCLUDE THE RESULTS OF ANY DETECTED LIST 1 UCMR CONTAMINANT IN THE CCR. 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 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. THE DATE AND METHOD OF PUBLICATION OF EACH NOTICE TYPE SHOULD BE CLEARLY NOTED ON THE COPIES PROVIDED TO EPA. THE SYSTEM SHALL NOTIFY THE STATE OF FLORIDA, WITHIN 48 HOURS, OF THE FAILURE TO COMPLY WITH THE REQUIREMENTS OF THE UCMR. BY DECEMBER 31, 2004, THE SYSTEM SHALL PROVIDE CERTIFICATION TO EPA: (1) THAT THE STATE NOTIFICATION WAS ACCOMPLISHED; AND (2) OF THE METHOD OF NOTIFICATION. BY MARCH 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 VIOLATIONS. SPECIFICALLY USING THE LANGUAGE AND GENERAL CONTENT DESCRIBED IN 40 CFR 141.205, THE SYSTEM SHALL PROVIDE NOTICE BY MAIL OR OTHER DIRECT DELIVERY TO EACH CUSTOMER RECEIVING A BILL AND TO OTHER SERVICE CONNECTIONS TO WHICH WATER IS DELIVERED BY THE SYSTEM. PERSONS NOT NORMALLY REACHED BY THE DIRECT MAIL OR DELIVERY MUST BE PROVIDED NOTICE BY OTHER MEANS. THESE MEANS INCLUDE: PUBLICATION IN THE LOCAL NEWSPAPER; DELIVERY OF MULTIPLA COPIES FOR DISTRIBUTION BY CUSTOMERS THAT PROVIDE THEIR DRINKING WATER TO OTHERS (E.G. APARTMENT BUILDING OWNERS OR LARGE PRIVATE EMPLOYERS); POSTING IN PUBLIC PLACES OR ON THE INTERNET; OR DELIVERY TO COMMUNITY ORGANIZATIONS. IN THE PUBLIC NOTICE IS POSTED, THE NOTICE MUST REMAIN IN PLACE FOR AS LONG AS THE VIOLATION PERSISTS, BUT IN NO CASE LESS THAN 7 DAYS (EVEN IF THE VIOLATION IS RESOLVED). 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 REGULATIONS. THE SYSTEM MUST ALSO SUBMIT A REPRESENTATIVE COPY OF EACH TYPE OF NOTICE DISTRIBUTED, PUBLISHED, POSTED, AND MADE AVAILABLE TO THE PERSON SERVED BY THE SYSTEM AND TO THE MEDIA. THE DATE AND METHOD OF PUBLICATION OF EACH NOTICE TYPE SHOULD BE CLEARLY NOTED ON THE COPIES PROVIDED TO EPA.

Defendants (1)

• MIDWAY WATER SYSTEMNamed in settlement

Facilities (1)

• MIDWAY WATER SYSTEM, INC.

  FL

  Registry ID: 110013193542

Statutes cited

• SDWA 1445 — Record keeping and/or Access

Enforcement conclusions (1)

• MIDWAY WATER SYSTEMentered 2004-12-17

  Primary law: SDWA

Timeline (3 milestones)

• 2004-12-17Final Order Issued
• 2005-01-05Enforcement Action Data Entered
• 2005-10-13Enforcement Action Closed