EPA v. SHELBY, CITY OF, WATER SYSTEM

Case summary

4/18/05 - COMPLIANCE ORDER ISSUED. VIOLATION: THE SYSTEM FAILED TO MONITOR FOR THE LIST 1 UCMR CONTAMINANTS DURING THE REQUIRED TIMEFRAME. ORDER REQUIRES: THE SYSTEM SHALL MONITOR FOR THE LIST 1 UCMR CONTAMINANTS. THE SYSTEM MUST COLELCT 4 QUARTERLY SAMPLES IN ONE 12-MONTH PERIOD ACCORDING TO THE FOLLOWING SCHEDULE: FIRST SAMPLE: BETWEEN APRIL 1 AND APRIL 30, 2005; SECOND SAMPLE: BETWEEN JULY 1 AND JULY 31, 2005; THIRD SAMPLE: BETWEEN OCTOBER 1 AND OCTOBER 31, 2005; FOURTH SAMPLE: BETWEEN JANUARY 1 AND JANUARY 31, 2006. THE SYSTEM SHALL NOTIFY EPA IN WRITING WHEN EACH SAMPLE HAS BEEN COLLECTED. THE SYSTEM SHALL REPORT TO EPA THE RESULTS OF THE LIST 1 UCMR MONITORING BY MARCH 1, 2006. THE 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 AS PROVIDED IN SUBPART O (CONSUMER CONFIDENCE REPORTS) AND/OR SUBPART Q (PUBLIC NOFICATION) OF 40 CFR PART 141. BY JULY 1, 2005 - PROVIDE TIER 3 PUBLIC NOTICE OF THE AVAILABILITY OF THE RESULTS OF THE APRIL 2005 LIST 1 UCMR MONITORING RESULTS - THIS MAY BE DONE IN THE 2004 CONSUMER CONFIDENCE REPORT. BY JULY 1, 2006 - PROVIDE TIER 3 PUBLIC NOTICE OF THE AVAILABILITY OF THE RESULTS OF THE JULY 2005, OCTOBER 2005, AND JANUARY 2006, LIST 1 UCMR MONITORING RESULTS - THIS MAY BE DONE IN THE 2005 CONSUMER CONFIDENCE REPORT. BY JULY 1, 2005 - INCLUDE THE RESULTS OF ANY DETECTED LIST 1 UCMR CONTAMINANT FROM THE APRIL 2005 MONITORING IN THE CONSUMER CONFIDENCE REPORT. BY JULY 1, 2006 - INCLUDE THE RESULTS OF ANY DETECTED LIST 1 UCMR CONTAMINANT FROM THE JULY 2005, OCTOBER 2005, AND JANUARY 2006 MONITORING IN THE CONSUMER CONFIDENCE REPORT. WITHIN 10 DAYS OF COMPLETING THE PUBLIC NOTIFICATION REQUIREMENTS DESCRIBED 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 DISTRIBUTE,D 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 SHOULD BE CLEARLY NOTED ON THE COPIES PROVIDED TO EPA. THE SYSTEM SHALL NOTIFY THE STATE OF NC, WITH 48 HOURS, OF THE FAILURE TO COMPLY WITH THE REQUIREMENTS OF THE UCMR. BY MAY 15, 2005, THE SYSTEM SHALL PROVIDE CERTIFICATION TO EPA: (1) THAT THE STATE NOTIFCATION WAS ACCOMPLISHED; AND (2) OF THE METHOD OF NOTIFICATION. BY MAY 31, 2005, THE SYSTEM SHALL PUBLISH A WRITTEN PUBLIC NOTICE IN ACCORDANCE WITH 40 CFR 141.201. THIS NOTICE SHALL BE GIVE TO ALL OF THE SYSTEM'S CUSTOMERS NOTIFYING THEM OF THE SYSTEM'S VIOLATIONS. SPECIFICALLY, USING THE LANGUAGE AND GENERAL CONTENT DESRIBED 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. PERSON 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 FO RDISTRIBUTION 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 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 PUBLI

Defendants (1)

• SHELBY, NC, CITY OF, WATER SYSTEMNamed in settlement

Facilities (1)

• SHELBY, CITY OF, WATER SYSTEM

  801 WEST GROVER STREET, SHELBY, NC, 28150

  Registry ID: 110022324607

Statutes cited

• SDWA 1445 — Record keeping and/or Access

Enforcement conclusions (1)

• SHELBY, CITY OF, WATER SYSTEMentered 2005-04-18

  Primary law: SDWA

Timeline (3 milestones)

• 2005-04-18Final Order Issued
• 2005-04-27Enforcement Action Data Entered
• 2006-06-08Enforcement Action Closed