EPA v. EXPRESS JET AIRLINES, INC. (AC0000435)

Case summary

8/6/14 - PERMIT NUMBER AC0000435. ADMINISTRATIVE ORDER ISSUED. EXPRESS JET'S EMB-145LR AIRCRAFT REGULARLY SERVES AN AVERAGE OF AT LEAST 25 INDIVIDUALS DAILY AT LEAST 60 DAYS OF THE YEAR AND THEREFORE EXPRESS JET OWNS AND/OR OPERATES A PUBLIC WATER SYSTEM WITHIN THE MEANING OF SDWA SECTION 1401 AND IS AN AIRCRAFT WATER SYSTEM. 40 CFR 141.804 PROVIDES THAT EACH AIR CARRIER MUST DEVELOP AN OPERATIONS AND MAINTENANCE PLAN FOR EACH APWS THAT IT OWNS AND/OR OPERATES, THAT INCLUDES A COLIFORM SAMPLING PLAN IN ACCORDANCE WITH 40 CFR 141.802 AND 141.803. 40 CFR 141.803(b) REQUIRES THAT THE ROUTINE SAMPLING FREQUENCY MUST BE DETERMINED BY THE DISINFECTION AND FLUSING FREQUENCY IDENTIFIED IN THE APWS'S O&M PLAN. ACCORDING TO THE INFO CONTAINED IN THE APWS'S O&M PLAN, WHICH EXPRESS JET ENTERED INTO ARCS, EXPRESS JET IS REQUIRED TO CONDUCT ROUTINE COLIFORM SAMPLING OF THE SUBJECT APWS DURING THE TIMEFRAME OF JAN THRU DEC 2013. AFTER A REVIEW OF THE ARCS SYSTEM, EPA DETERMINED THAT NO SAMPLING DATA HAD BEEN SUBMITTED FOR THE JAN THRU DEC MONITORING PERIOD. DURING A COMPLIANCE VISIT HELD ON APR 23, 2014, EPA ADVISED EXPRESS JET OF THE DISCREPANCY AND GAVE THE AIR CARRIER THE OPPORTUNITY TO PROVIDE ANY ADD'L INFO ON THE PERFORMANCE OF THE DISINFECTION AND FLUSHING. ON MAY 22, 2014, EXPRESS JET PROVIDED A WRITTEN RESPONSE WHICH DOCUMENTED THAT THE APR THRU JUNE 2013 DISINFECTION AND FLUSHING FOR THE SUBJECT APWS HAD NOT BEEN CONDUCTED. EXPRESS JET VIOLATED 40 CFR 141.803(b) FOR FAILING TO COLLECT THE ROUTINE COLIFORM SAMPLING DURING THE TIMEFRAME SET FORTH IN THE O&M PLAN AND IDENTIFIED IN ARCS. 40 CFR 141.806(b)(5) PROVIDE 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. EXPRESS JET DID NOT REPORT THE FAILURE TO COMPLY UNTIL JUNE 3, 2014 WHICH EXPRESS JET ENTERED NOT PERFORMED INTO ARCS FOR THE ROUTINE DISINFECTION AND FLUSHING EVENT. THEREFORE, EXPRESS JET VIOLATED 40 CFR 141.803(b) FOR FAILING TO COLLECT THE ROUTINE COLIFORM SAMPLING DURING THE TIMEFRAME SET FORMT IN THE O&M PLAN AND IDENTIFIED IN ARCS. 40 CFR 806(b)(5) PROVIDES THAT A FAILURE TO COMPLY WITH ROUTINE MONITORING EVENTS MUST BE REPORTED TO EPA NO LATER THAN 10 CALENDAR DAYS FOLLOWING THE DISCOVERY OF THE FAILURE. BY FAILING TO REPORT THE FAILURE TO CONDUCT THE ROUTING MONITORING NO LATER THAN 10 DAYS FOLLOWING THE DISCOVERY OF THE FAILURE. EXPRESS JET DID NOT RPEORT THE FAILURE TO COMPLY WITH THE JAN THRU DEC 2013 ROUTINE COLIFORM SAMPLING EVENT INTO ARCS. THEREFORE, EXPRESS JET VIOLATED 40 CR 141.806(b)(5) BY FAILING TO REPORT THE FAILURE TO CONDUCT THE ROUTINE MONITORING NO LATER THAN 10 DAYS FOLLOWING THE DISCOVERY OF THE FAILURE. ORDER REQUIRES: A. RESTRICT PUBLIC ACCES TO THE AIRCRAFT WATER SYSTEM WITHIN 72 HOURS. RESTRICTION TO AIRCRAFT WATER SYSTEM INCLUDES: (1) SHUTTING OFF THE AIRCRAFT WATER SYSTEM; (2) PROVIDING NOTICE TO PASSENGERS AND CREW; AND (3) PROVIDING ALTERNATIVES TO AIRCRAFT WATER SYSTEM, SUCH AS BOTTLED WATER FOR DRINKING AND ANTISEPTIC HAND GELS FOR CLEANING HANDS. B. MAINTAIN PUBLIC ACCESS RESTRICTION TO THE AIRCRAFT WATER SYSTEM ALL ALL CORRECTIVE ACTIONS ARE COMPLETED. C. COLLECT TWO FOLLOWUP SAMPLES FROM EACH OF THE ROUTINE SAMPLE 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 20 DAYS.

Defendants (1)

• EXPRESS JET AIRLINES, INC.Named in settlement

Facilities (1)

• EXPRESS JET AIRLINES, INC.

  990 TOFFIE TERRACE, ATLANTA, GA, 30354

  Registry ID: 110061737651

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• EXPRESS JET AIRLINES, INC. (AC0000435)entered 2014-08-06

  Primary law: SDWA

Timeline (2 milestones)

• 2014-08-06Final Order Issued
• 2014-09-04Enforcement Action Data Entered