EPA v. CITY OF MYRTLE BEACH

Case summary

20210506 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. ON OCTOBER 23, 2018, THE SDWA WAS AMENDED IN ACCORDANCE WITH THE AMERICA'S WATER INFRASTRUCTURE ACT (AWIA) OF 2018 (PUBLIC LAW 115-270). IN RELEVANT PART, AWIA ADDED SECTION 1433 TO THE SDWA. SECTION 1433(A) OF THE SDWA, 42 U.S.C. SECTION 300I-2(A), REQUIRES A CWS SERVING A POPULATION OF GREATER THAN 3,300 PERSONS TO CONDUCT A RISK AND RESILIENCE ASSESSMENT (RRA) OF ITS SYSTEM, INCLUDING AN ASSESSMENT OF: THE RISK TO THE SYSTEM FROM MALEVOLENT ACTS AND NATURAL HAZARDS; THE RESILIENCE OF THE PIPES AND CONSTRUCTED COVEYANCES, PHYSICAL BARRIERS, SOURCE WATER, WATER COLLECTION AND INTAKE, PRETREATMENT, TREATMENT, STORAGE AND DISTRIBUTION FACILITIES, ELECTRONIC, COMPUTER, OR OTHER AUTOMATED SYSTEMS (INCLUDING THE SECURITY OF SUCH SYSTEMS) WHICH ARE UTILIZED BY THE SYSTEM; THE MONITORING PRACTICES OF THE SYSTEM; THE FINANCIAL INFRASTRUCTURE OF THE SYSTEM; THE USE, STORAGE, OR HANDLING OF VARIOUS CHEMICALS BY THE SYSTEM; AND THE OPERATION AND MAINTENANCE OF THE SYSTEM. SECTION 1433(A)(3)(A) OF THE SDWA, 42 U.S.C. SECTION 300I-2(A)(3)(A), REQUIRES A CWS SERVING BETWEEN 50,000 TO 99,999 PERSONS TO SUBMIT ITS CERTIFICATION TO THE EPA ADMINISTRATOR THAT IT CONDUCTED ITS RRA ON OR BEFORE DECEMBER 31, 2020. RESPONDENT'S CWS SERVES A POPULATION BETWEEN 50,000 TO 99,999 PEOPLE. BASED ON INFORMATION AVAILABLE TO EPA, THE RESPONDENT HAS FAILED TO CERTIFY THAT IT HAS CONDUCTED THE RRA, AS SPECIFIED IN SECTION 1433(A)(3)(A) OF THE SDWA, 42 U.S.C. SECTION 300-2(A)(3)(A), FOR THE CITY OF MYRTLE BEACH WAER SYSTEM, IN VIOLATION OF SECTION 1433(A), 42 U.S.C. SECTION 300I-2(A), AN APPLICABLE REQUIREMENT OF THE SDWA.

Defendants (1)

• CITY OF MYRTLE BEACHNamed in settlement

Facilities (1)

• MYRTLE BEACH CITY OF (SC2610001)-MYRTLE BEACH WTP (A26002)

  62ND AVE N & HWY 17, MYRTLE BEACH, SC, 29577

  Registry ID: 110008557891

Statutes cited

• SDWA 1414G — PWS - Violation of 1414(g) AO

Enforcement conclusions (1)

• CITY OF MYRTLE BEACHentered 2021-05-06

  Primary law: SDWA

Timeline (3 milestones)

• 2021-05-06Final Order Issued
• 2021-05-12Enforcement Action Closed
• 2021-06-10Enforcement Action Data Entered