EPA v. TOWN OF WINTERVILLE

Case summary

APRIL 19, 2022 - ADMINISTRATIVE COMPLIANCE ORDER 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) of the SDWA, 42 U.S.C. ? 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: a. the risk to the System from malevolent acts and natural hazards; b. the resilience of the pipes and constructed conveyances, 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; c. the monitoring practices of the System; d. the financial infrastructure of the System; e. the use, storage, or handling of various chemicals by the System; and f. the operation and maintenance of the System. 8. 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. The ERP shall include: a. strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the System; b. plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a malevolent act or natural hazard that threatens the ability of the System to deliver safe drinking water; c. actions, procedures and equipment which can obviate or significantly lessen the impact of a malevolent act or natural hazard on the public health and the safety and supply of drinking water provided to communities and individuals, including the development of alternative source water options, relocation of water intakes and construction of flood protection barriers; and d. strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the System. 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 North Carolina Department of Environmental Quality (?NCDEQ?) administers the Public Water Supply Supervision Program in the State of North Carolina 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. See 42 U.S.C. ? 300g-3(i)(1). Based on information available to the 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 the 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)

• TOWN OF WINTERVILLENamed in settlement

Facilities (1)

• WINTERVILLE, TOWN OF

  WINTERVILLE, NC

  Registry ID: 110012840202

Statutes cited

• SDWA 1433 — Intentional Acts

Enforcement conclusions (1)

• TOWN OF WINTERVILLEentered 2022-04-19

  Primary law: SDWA

Timeline (3 milestones)

• 2022-04-19Final Order Issued
• 2022-05-06Enforcement Action Data Entered
• 2022-05-24Enforcement Action Closed