EPA v. MANATEE COUNTY UTILITIES OPERATIONS DEPARTMENT WATER SYSTEM

Case summary

12/22/04 - COMPLIANCE ORDER ISSUED. THE SYSTEM REPORTED RESULTS OF THREE ROUNDS OF UNREGULATED CONTAMINANT MONITORING TO EPA USING THE ELECTRONIC REPORTING SYSTEM. THE SYSTEM FAILED TO REPORT THE RESULTS OF A FOURTH ROUND OF UNREGULATED CONTAMINANT MONITORING TO EPA USING THE ELECTRONIC REPORTING SYSTEM. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 CFR SECTIONS 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. SYSTEM SHALL REPORT TO EPA THE RESULT OF THE LIST 1 UCMR MONITORING BY JANUARY 1, 2005. THE SYSTEM SHALL MAKE THIS REPORT BY USING EPA'S ELECTRONIC REPORTING SYSTEM. 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 REPORTS) AND/OR SUBPART Q (PUBLIC NOTIFICATION) OF 40 CFR PART 141: A. 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 CONSUMER CONFIDENCE REPORT (CCR). B. BY JULY 1, 2005 - INCLUDE THE RESULT 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. 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 NOTIFY TYPE SHOULD BE CLEARLY NOTED ON THE COPIES PROVIDE TO EPA. SYSTEM SHALL NOTIFY THE STATE OF FLORIDA, WITHIN 48 HOURS OF RECEIPT OF THIS ORDER, OF THE FAILURE TO COMPLY WITH THE REQUIREMENTS OF THE UCMR. BY DECEMBER 31, 2004, 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 SYTEM. PERSONS NOT NORMALLY REACHED BY THE DIRECT MAIL OR DELIVERY MUST BE PROVIDED NOTICE BY OTHER MEANS. THESE MEANS INCLUDE: PUBLICATION IN A LOCAL NEWSPAPER; DELIVERY OF MULTIPLE 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. IF 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 REQUIREMENT, 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 SYTEM AND TO THE MEDIA. THE DATE AND METHOD OF PUBLICATION OF EACH NOTICE TYPE SHOULD BE CLEARLY NOTED ON THE COPIES PROVIDED TO EP

Defendants (1)

• MANATEE COUNTY UTILITY OPERATIONS DEPARTMENTNamed in settlement

Facilities (1)

• MANATEE COUNTY UTILITIES DEPT-17915 WATERLINE ROAD

  4410 66TH ST W, BRADENTON, FL, 34210

  Registry ID: 110013166509

Statutes cited

• SDWA 1445 — Record keeping and/or Access

Enforcement conclusions (1)

• MANATEE COUNTY UTILITIES OPERATIONS DEPARTMENT WATER SYSTEMentered 2004-12-22

  Primary law: SDWA

Timeline (3 milestones)

• 2004-12-22Final Order Issued
• 2005-01-04Enforcement Action Data Entered
• 2005-04-15Enforcement Action Closed