EPA v. WRIGHTSVILLE BEACH WATER SYSTEM

Case summary

AUGUST 4 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). On October 23, 2018, the SDWA was amended in accordance with the America?s Water Infrastructure Act (?AWIA?) of 2018 (Public Law 115-270). 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 a Risk and Resilience Assessment (?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 community water 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. 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 water system, in violation of Section 1433(b) as an ?applicable requirement? of the SDWA.

Defendants (1)

• Wrightsville Beach Water SystemNamed in settlement

Facilities (1)

• CFPUA - WRIGHTSVILLE BEACH-TREATMENT_PLT_BOOSTER

  235 GOVERNMENT CENTER DR, WILMINGTON, NC, 28403

  Registry ID: 110012843101

Statutes cited

• SDWA 1433 — Intentional Acts
• SDWA 1414G — PWS - Violation of 1414(g) AO

Enforcement conclusions (1)

• WRIGHTSVILLE BEACH WATER SYSTEMentered 2022-08-04

  Primary law: SDWA

Timeline (3 milestones)

• 2022-08-04Final Order Issued
• 2022-09-09Enforcement Action Closed
• 2022-09-14Enforcement Action Data Entered