EPA v. HUSKEY CABIN WATER SYSTEM

Case summary

OCTOBER 10, 2022 - ADMINISTRATIVE COMPLIANCE ON CONSENT On April 14, 2022, staff from the EPA Direct Implementation Team (DI Team) referred the system to the EPA Enforcement and Compliance Assurance Division (ECAD) for an alleged Revised Total Coliform Rule (RTCR) monitoring and reporting (MR) violation that occun-ed in January 2022. On June 28, 2022, the EPA issued a Notice of Noncompliance (NONC) to Respondent, pursuant to Section l 414(a)(2)(B) of the SDWA, 42 U.S.C. ? 300g-3(a)(2)(B), to allow Respondent time to review the potential noncompliance and schedule a show-cause meeting to discuss their compliance status. On July 7, 2022, the EPA held a show-cause meeting with Respondent to discuss noncompliance. Pursuant to 40 C.F.R. ? 141.853(a)(l ), PWSs are required to collect total coliforms andE. coli samples according to the written sampling plan. The System's sampling plan and sample collection schedule requires monthly monitoring. Respondent did not collect the bacteriological samples for the January 2022 monitoring period, as required by 40 C.F.R. ? 141.853(a)(l). Pursuant to 40 C.F.R. ? 141.31(a), any supplier of water shall report to the EPA the results of any test measurement or analysis required under Part 141 within the first ten days following the month in which the result is received, or the first ten days following the end of the required monitoring period, whichever is shorter. The System did not submit total coliforms and E. coli sample results for the month of January 2022 to the EPA, as required by 40 C.F.R. ? 141.3l(a). Pursuant to 40 C.F.R. ? 141.204(b), PWSs are required to notify the public via Tier 3 Public Notice when monitoring violations occur. Respondent failed to provide a Tier 3 Public Notice notifying the public that it had failed to collect total coliforms and E. coli samples for the monitoring period of January 2022. Therefore, based on the findings listed above, the EPA has determined that the System violated the SOWA, including violations of the NPDWRs.

Defendants (1)

• HUSKEY CABIN WATER SYSTEMNamed in settlement

Facilities (1)

• HUSKEY CABIN WATER SYSTEM

  Registry ID: 110050981764

Statutes cited

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

Enforcement conclusions (1)

• HUSKEY CABIN WATER SYSTEMentered 2022-10-10

  Primary law: SDWA

Timeline (3 milestones)

• 2022-10-10Final Order Issued
• 2022-12-16Enforcement Action Closed
• 2023-01-06Enforcement Action Data Entered