EPA v. CITY OF PELHAM

Case summary

APRIL 19, 2022: ADMINISTRATIVE COMPLIANCE ORDER - Respondent?s PWS provides piped water for human consumption and regularly serves at least 15 service connections and/or at least 25 residents, and is therefore a ?community water system? (?CWS?) as defined by 1401(15) of the SDWA, 42 U.S.C. ?300f(15), and 40 C.F.R. ?141.2. 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, 42 U.S.C. ? 300i-2(a). Section 1433(a)(3)(A)(iii) of the SDWA, 42 U.S.C. ? 300i-2(a)(3)(A)(iii), requires a CWS serving between 3,301 to 49,999 persons to submit its certification to the EPA Administrator that it conducted its RRA on or before June 30, 2021. Section 1433(b) of the SDWA, 42 U.S.C. ? 300i-2(b), requires a CWS serving 3,301 or more persons to prepare or revise, where necessary, an emergency response plan (?ERP?) that incorporates the findings of the RRA no later than six months after certifying completion of its RRA. Respondent?s deadline for submitting certification to the EPA Administrator that the ERP has been completed and/or revised was December 31, 2021. 42 U.S.C. ? 300i-2(b). Respondent?s CWS serves a population between 3,301 and 49,999 people. Although the Georgia Environmental Protection Division (?GAEPD?) administers the Public Water Supply Supervision Program in the State of Georgia pursuant to Section 1413 of the SDWA, the EPA retained primary enforcement authority over Section 1433 of the SDWA. See 42 U.S.C. ? 300g-3(g)(1) (granting the EPA administrative enforcement authority over ?applicable requirements,? as defined at Section 1414(i), 42 U.S.C. ? 300g-3(i)). Section 1433 of the SDWA is an ?applicable requirement? of the SDWA. Based on information available to EPA, Respondent has failed to timely certify that it has conducted the RRA, as specified in Section 1433(a)(3)(A)(iii) of the SDWA, 42 U.S.C. ?300i-2(a)(3)(A)(iii), for its System, in violation of Section 1433(a) as an ?applicable requirement? of the SDWA. Based on information available to EPA, Respondent has failed to timely certify that it has completed or revised its ERP, as specified in Section 1433(b) of the SDWA, 42 U.S.C. ? 300i-2(b), for its System, in violation of Section 1433(b) as an ?applicable requirement? of the SDWA.

Defendants (1)

• CITY OF PELHAMNamed in settlement

Facilities (1)

• PELHAM

  PELHAM, GA

  Registry ID: 110013134330

Statutes cited

• SDWA 1433 — Intentional Acts

Enforcement conclusions (1)

• CITY OF PELHAMentered 2022-04-19

  Primary law: SDWA

Timeline (3 milestones)

• 2022-04-19Final Order Issued
• 2022-05-10Enforcement Action Data Entered
• 2022-06-09Enforcement Action Closed