EPA v. SPIRIT AIRLINES, INC.

Case summary

12/04/2013 - ADMIN ORDER ISSUED. FINDINGS: INFO CONTAINED IN THE EPA DATABASE AIRCRAFT REPORTING AND COMPLIANCE SYSTEM (ARCS) INDICATES THAT SPIRIT OWNS AND/OR OPERATES AN AIRBUS A319-132 AIRCRAFT TO ENGAGE IN AIR TRANSPORTATION. SPIRIT BOARDS FINISHED WATER TO THE PUBLIC FOR HUMAN CONSUMPTION WITHIN THE MEANING OF ADWR, 40 CFR 141.801. SPIRIT'S A319-132 AIRCRAFT REGULARLY SERVES AN AVERAGE OF AT LEAST 25 INDIVIDUALLY DAILY AT LEAST 60 DAYS OUT OF THE YR AND THEREFORE, SPIRIT OWNS AND/OR OPERATES A PUBLIC WATER SYSTEM WITHIN THE MEANING OF SDWA SECTION 1401 AND 40 CFR 141.2 AND IS AN AIRCRAFT WATER SYSTEM WITHIN THE MEANING OF ADWR, 40CFR 141.801. THE A319-132 AIRCRAFT PUBLIC WATER SYSTEM IS CONSIDERED A TRANSIENT NON-COMMUNITY WATER SYSTEM WITHING THE MEANING OF 40 CFR 141.800 AND SUBJECT TO THE REQUIREMENTS OF THE ADWR. 40 CFR 141.804 PROVIDES THAT EACH AIR CARRIER MUST DEVELOP AN OPERATIONS AND MAINTENANCE (O&M) PLAN FOR EACH AIRCRAFT WATER SYSTEM THAT IT OWNS AND OPERATES. 40 CFR 141.803(b) REQUIRES THAT THE ROUTINE SAMPLING FREQUENCY MUST BE DETERMINED BY THE DISINFECTION AND FLUSHING FREQUENCY IDENTIFIED IN THE AIRCRAFT WATER SYSTEM'S O&M PLAN. ACCORDING TO THE INFO CONTAINED IN THE AIRCRAFT WATER SYSTEM'S O&M PLAN, SPIRIT WAS REQUIRED TO CONDUCT ROUTINE DISINFECTION AND FLUSHING OF HTE AIRCRAFT WATER SYSTEM DURING THE TIMEFRAME OF JAN THRU MARCH 2013. ON JULY 24, 2013, SPIRIT ENTERED INFO INTO ARCS THAT INDICATED THAT THE ROUTINE DISINFECTION AND FLUSHING EVENT FOR THE TIMEFRAME OF JAN THRU MARCH 2013 WAS NOT PERFORMED. THEREFORE, SPIRIT VIOLATED 40 CFR 141.803(b) FOR FAILING TO CONDUCT ROUTING DISINFECTION AND FLUSHING DURING THE TIMEFRAME SET FORTH IN ITS O&M PLAN. 40 CFR 141.806(b)(5) PROVIDES THAT A FAILURE TO COMPLY WITH ROUTINE DISINFECTION AND FLUSHING EVENTS MUST BE REPORTED TO EPA NO LATER THAN 10 CALENDAR DAYS FOLLOWING THE DISCOVERY OF THE FAILURE. SPIRIT DID NOT REPORT THE FAILURE TO COMPLY WITH THE JAN THRU MARCH 2013 ROUTINE DISINFECTION AND FLUSHING EVENT UNTIL JULY 24, 2013. SPIRIT VIOLATED 40 CFR 141.806(b)(5) BY FAILING TO REPORT THE FAILURE TO CONDUCT THE ROUTINE DISINFECTION AND FLUSHING NO LATER THAN 10 CALENDAR DAYS FOLLOWING THE DISCOVERY OF THE FAILURE. 40 CFR 141.803(f) PROVIDES THAT IF AN AIR CARRIER FAILS TO TIMELY CONDUCT THE ROUTINE DISINFECTION AND FLUSHING THE AIR CARRIER MUST PERFORM CORRECTIVE ACTION SPECIFIED IN 40 CFR 141.803(c)(3)(ii). THE CORRECTIVE ACTIONS SET OUT IN 40 CFR 141.803(c)(3)(ii) INCLUDE: RESTRICTING PUBLIC ACCESS TO THE AIRCRAFT WATER SYSTEM NO LATER THAN 72 HOURS FOLLOWING THE FAILURE TO CONDUCT ROUTINE DISINFECTION AND FLUSHING; AND MAINTAINING PUBLIC ACCESS RESTRICTIONS UNTIL THE AIRCRAFT WATER SYSTEM HAS BEEN DISINFECTED AND FLUSHED AND A COMPLETE SET OF FOLLOW-UP SAMPLES HAVE BEEN COLLECTED. BASED ON THE INFO SPIRIT ENTERED INTO ARCO ONLY JUL 25, 2013, SPIRIT, DISINFECTED AND FLUSHED THE WATER ON APR 10, 2013, RETURNED THE AIRCRAFT WATER SYSTEM TO SERVICE ON APR 14, 2013. HOWEVER, BASED ON THE INFO PROVIDED IN ARCS, SPIRIT FAILED TO COLLECT A COMPLETE SET OF FOLLOWUP SAMPLES PRIOR TO RETURNING THE AIRCRAFT WATER SYSTEM TO PASSENGER SERVICE. SPIRIT IS IN VIOLATION OF 40 CFR 141.803(c)(3)(ii) AND 141.803(f) FOR FAILURE TO COMPLETE THE CORRECTIVE ACTION AND FOR RETURNING THE AIRCRAFT WATER SYSTEM TO OPERATION PRIOR TO CONDUCTING THE REQUIRED FOLLOWUP SAMPLING. ORDER REQUIRES: SPIRIT MUST: A. IN ACCORDANCE WITH 40 CFR 141.803(d), RESTRICT PUBLIC ACCESS TO THE AIRCRAFT WATER SYSTEM WITHIN 72 HOURS; B. MAINTAIN PUBLIC ACCESS RESTRICTION TO THE AIRCRAFT WATER SYSTEM UNTIL ALL CORRECTIVE ACTIONS ARE COMPLETED; C. COLLECT 2 FOLLOWUP SAMPLES FROM EACH OF THE ROUTINE SAMPLES LOCATIONS, AS SPECIFIED IN 40 CFR 141.803(e); D. PROVIDE DOCUMENTATION TO EPA OF COMPLETION OF THESE ACTIVITIES AND ENTER DATA INTO ARCS WITHIN 15 DAYS; ALL INFO REQUIREMENTS TO BE DOCUMENTED TO EPA SHALL BE REPORTED INTO ARCS.

Defendants (1)

• SPIRIT AIRLINES, INC.Named in settlement

Facilities (1)

• SPIRIT AIRLINES, INC.

  2800 EXECUTIVE WAY, MIRAMAR, FL, 33025

  Registry ID: 110056974118

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• SPIRIT AIRLINES, INC.entered 2013-12-04

  Primary law: SDWA

Timeline (2 milestones)

• 2013-12-04Final Order Issued
• 2014-01-13Enforcement Action Data Entered