EPA v. SPIRIT AIRLINES, INC. (AC0005999)

Case summary

8/17/18 - ADMINISTRATIVE ORDER ISSUED. FINDINGS: ACCORDING TO THE INFORMATION ENTERED IN THE AIRCRAFT REPORTING AND COMPLIANCE SYSTEM (ARCS), SPIRIT FAILED TO PERFORM ROUTINE COLIFORM SAMPLING FOR THE PERIOD JAN 1, 2017 - DEC 31, 2017. AS FOLLOW UP TO THE MAY 10, 2018 SHOW CAUSE MEETING, EPA SENT SPIRIT A CHART ASKING SPIRIT TO FILL OUT WHEN SAMPLINGS WERE DONE ON ALL ITS AIRCRAFTS. SPIRIT FILLED OUT THE CHART INDICATING THAT IT CONDUCTED A ROUTINE COLIFORM SAMPLING ON SEPT 5, 2017. HOWEVER, SPIRIT WAS UNABLE TO PROVIDE ANY SAMPLING RESULTS FROM THE EVENT AND FAILED TO PROVIDE ANY OTHER DOCUMENTATION TO EPA INDICATING THAT THE SAMPLING TOOK PLACE ON THAT DATE. THEREFORE, SPIRIT IS IN VIOLATION OF 40 CFR 141.803(b), FOR FAILURE TO PERFORM ROUTINE COLIFORM SAMPLING. PURSUANT TO 40 CFR 141.806(b)(5), FOR EACH APWS THE AIR CARRIER MUST REPORT TO EPA ANY FAILURES TO PERFORM ROUTINE SAMPLING AND/OR ROUTINE DISINFECTION AND FLUSHING (D&F) WITHIN 10 CALENDAR DAYS OF DISCOVERY. ACCORDING TO THE INFO ENTERED INTO ARCS, SPIRIT FAILED TO TIMELY REPORT THE FAILURE TO PERFORM ROUTINE COLIFORM SAMPLING FOR THE MONITORING PERIOD JAN 1, 2017 TO DEC 31, 2017. THEREFORE, SPIRIT IS IN VIOLATION OF 40 CFR 141.806(b)(5) FOR FAILURE TO TIMELY REPORT THE FAILURE TO PERFORM ROUTINE COLIFORM SAMPLING. PURSUANT TO 40 CFR 141.803(f), FOR EACH APWS THE AIR CARRIER MUST PERFORM SPECIFIC CORRECTIVE ACTIONS AS SPECIFIED IN 40 CFR 141.803(c)(3)(ii) WHEN AN AIR CARRIER FAILS TO COLLECT AND ANALYZE THE REQUIRED ROUTINE COLIFORM SAMPLES AND/OR FAILS TO PERFORM THE REQUIRED ROUTIN D&F. ACCORDING TO THE INFO ENTERED IN ARCS, SPIRIT FAILED TO PERFORM ROUTINE COLIFORM SAMPLING, TRIGGERING THE REQUIREMENT FOR SPIRIT TO PERFORM THE SPECIFIC CORRECTIVE ACTIONS UNDER 40 CFR 141.803(c)(3)(ii). SPIRIT FAILED TO PERFORM THE CORRECTIVE ACTIONS REQUIRED FOR THE MONITORING PERIOD JAN 1, 2017 - DEC 31, 2017. THEREFORE, SPIRIT IS IN VIOLATION OF 40 CFR 141.803(f), FOR FAILURE TO PERFORM THE REQUIRED CORRECTIVE ACTIONS AFTER FAILING TO PERFORM THE ROUTINE COLIFORM SAMPLING. PURSUANT TO 40 CFR 141.810(a), AN AIR CARRIER IS IN VIOLATION OF THE ADWR WHEN, FOR ANY APWS IT OWNS OR OPERATES, IT FAILS TO PERFORM ANY OF THE REQUIREMENTS IN ACCORDANCE WITH 40 CFR 141.803 OR 141.804. AS DISCUSSED ABOVE, SPIRIT VIOLATED 40 CFR 141.803 AND THEREFORE IS ALSO IN VIOLATION OF 40 CFR 141.810(a). PURSUANT TO 40 CFR 141.810(d), AN AIR CARRIER IS IN VIOLATION OF THE ADWR WHEN, FOR ANY APWS IT OWN OR OPERATES, IT FAILS TO PERFORM ANY OF THE REPORTING AND RECORDKEEPING REQUIREMENTS IN ACCORDANCE WITH 40 CFR 141.800-810. AS DISCUSSED ABOVE, SPIRIT VIOLATED 40 CFR 141.806 AND THEREFORE IS ALSO IN VIOLATION OF 40 CFR 141.810(d). ON MAY 10, 2018, EPA CONDUCTED A SHOW CAUSE MEETING/ ON MAY 22, 2018, AS A FOLLOW UP TO THE SHOW CAUSE MEETING, SPIRIT SUBMITTED INFO STATING THAT THE SAMPLING WAS CONDUCTED ON SPET 5, 2017, BUT THE SUBMISSION DID NOT CONTAIN SAMPLE RESULTS OR A TASK CARD. ON JUNE 1, 2018, EPA SENT AN EMAIL REQUEST ANY ADDITIONAL INFO REGARDING THE VIOLATIONS MENTIONED ABOVE AND DID NOT RECEIVE ANY DOCUMENTATION REGARDING THE 2017 ROUTINE SAMPLE RESULTS. ORDER: A. SPIRIT MUST COMPLETE THE FOLLOWING: 1. IN ACCORDANCE WITH 40 CFR 141.803(d), RESTRICT PUBLIC ACCESS TO THE APWS WITHIN 72 HOURS. RESTRICTION TO THE APWS INCLUDES (i) SHUTTING OFF THE APWS; (ii) PROVIDING NOTICE TO THE PASSENGERS AND CREW; AND (iii) PROVIDING ALTERNATIVES TO THE APWS, SUCH AS BOTTLED WATER FOR DRINKING AND ANTISEPTIC HAND GELS FOR CLEANING HANDS. 2. MAINTAIN PUBLIC ACCESS RESTRICTION UNTIL ALL CORRECTIVE ACTIONS ARE COMPLETED. 3. CONDUCT SAMPLING. 4. PROVIDE DOCUMENTATION TO EPA OF COMPLETION OF THESE ACTIVITIES WITHIN 10 DAYS. 5. ENTER ALL DATA INTO ARCS WITHIN 10 CALENDAR DAYS. B. ALL INFO REQUIRED TO BE DOCUMENT TO EPA SHALL ALSO BE REPORTED INTO ARCS AND SUBMITTED TO EPA.

Defendants (1)

• SPIRIT AIRLINES, LLCNamed in settlement

Facilities (1)

• SPIRIT AIRLINES, INC. (AC0005999)

  2800 EXECUTIVE WAY, MIRAMAR, FL, 33025

  Registry ID: 110056974118

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• SPIRIT AIRLINES, INC. (AC0005999)entered 2018-08-06

  Primary law: SDWA

Timeline (3 milestones)

• 2018-08-06Final Order Issued
• 2018-08-06Enforcement Action Closed
• 2018-08-23Enforcement Action Data Entered