EPA v. TIMBER LAKE ESTATES

Case summary

3/8/2012 - AMENDED ADMINISTRATIVE ORDER ISSUED. THE EPA'S ORIGINAL ORDER ISSUED ON JANUARY 10, 2012 REQUIRED THE SYSTEM TO SUBMIT AN IDSE REPORT BY FEBRUARY 1, 2012. THE EPA HAS DETERMINED THAT THIS IS NOT FEASIBLE AS THE SYSTEM MUST COMPLETE THE MONITORING PURSUANT TO 40 C.F.R. SECTION 141.60(b) BEFORE IT CAN PREPARE THE IDSE REPORT. THEREFORE, THE EPA IS ISSUING THIS AMENDED ORDER TO PUT THE SYSTEM ON AN ENFORCEABLE COMPLIANCE SCHEDULE TO ADDRESS THE VIOLATIONS 40 C.F.R. SECTIONS 141.600(c), 141.601(b) AND 141.601(c)(1). IN ACCORDANCE WITH THE PROVISIONS OF 40 C.F.R. SECTION 141.201, PUBLIC WATER SYSTEMS FAILING TO COMPLY WITH ANY NATIONAL PRIMARY DRINKING WATER REGULATIONS (NPDWR) MUST GIVE PUBLIC NOTICE TO PERSONS SERVED BY THE WATER SYSTEM. ORDER REQUIRES: THE SCHEDULE PROVIDED IN THE EPA'S ORIGINAL ORDER IS AMENDED BY THIS AMENDED ADMINISTRATIVE ORDER. THE SYSTEM SHALL MONITOR DURING THE MONTHS OF APRIL 2012, JULY 2012, OCTOBER 2012 AND JANUARY 2013. THE MONITORING SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR SECTIONS 141.601(b) AND 141.601(c)(1). NO LATER THAN FEBRUARY 1, 2013, THE SYSTEM SHALL SUBMIT TO THE EPA A COMPLETE IDSE REPORT PURSUANT TO 40 C.F.R. SECTION 141.601(c)(1). WITHIN TEN (10) DAYS OF RECEIPT OF THIS ORDER, THE SYSTEM MUST GIVE PUBLIC NOTICE TO PERSONS SERVED BY THE WATER SYSTEM IN ACCORDANCE WITH 40 C.F.R. SECTIN 141.201 AND PROVIDE A COPY OF THAT NOTICE TO THE EPA. 1/5/2012 - ADMINISTRATIVE ORDER ISSUED. ORDER STATES: THE SYSTEM IS A COMMUNITY WATER SYSTEM SERVING 1,225 PERSONS THAT UTILIZES A GROUNDWATER SOURCE AND USES A PRIMARY OR RESIDUAL DISINFECTANT OTHER THAN ULTRAVIOLET LIGHT OR DELIVERS WATER THAT HAS BEEN TREATED WITH A PRIMARY OR RESIDUAL DISINFECTANT OTHER THAN ULTRAVIOLET LIGHT. IN ACCORDANCE WITH THE PROVISIONS OF 40 C.F.R. SECTION 141.600(c), GROUNDWATER SYSTEMS LESS THAN TEN THOUSAND (10,000) PERSONS ARE REQUIRED TO SUBMIT AN INITIAL DISTRIBUTION SYSTEM EVALUATION (IDSE) REPORT BY JULY 1, 2010. BASED ON THE INFORMATION PROVIDED TO EPA, IT WAS DETERMINED THAT THE SYSTEM HAD NOT PREPARED ANALYTICAL RESULTS OF COMPLIANCE MONITORING AS REQUIRED BY SECTION 141.600(c)(1). THE SYSTEM FAILED TO SUBMIT AN INITIAL IDSE REPORT BY JULY 1, 2010 TO EPA. THEREFORE, THE SYSTEM IS IN VIOLATION OF 40 C.F.R. SECTION 141.600(c)(1). IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR SECTION 141.201, PUBLIC WATER SYSTEMS FAILING TO COMPLY WITH ANY NATIONAL PRIMARY DRINKING WATER REGULATIONS (NPDWR) MUST GIVE PUBLIC NOTICE TO PERSONS SERVED BY THE WATER SYSTEM. ORDER REQUIRES: NO LATER THAN FEBRUARY 1, 2012, THE SYSTEM SHALL SUBMIT TO EPA A COMPLETE IDSE REPORT PURSUANT TO 40 CFR SECTION 141.601(c)(1). WITHIN THEN (10) DAYS OF RECEIPT OF THIS ORDER, THE SYSTEM MUST GIVE PUBLIC NOTICE TO PERSONS SERVED BY THE WATER SYSTEM IN ACCORDANCE WITH 40 CFR SECTION 141.201 AND PROVIDE A COPY OF THAT NOTICE OF EPA.

Defendants (1)

• TIMBER LAKE ESTATESNamed in settlement

Facilities (1)

• TIMBER LAKE ESTATES

  FL

  Registry ID: 110013165056

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (2)

• TIMBER LAKE ESTATESentered 2012-03-08

  Primary law: SDWA

• TIMBER LAKE ESTATESentered 2012-01-05

  Primary law: SDWA

Timeline (2 milestones)

• 2012-01-13Enforcement Action Data Entered
• 2012-03-08Final Order Issued