EPA v. GREENBRIER WATER AND SEWER DEPARTMENT

Case summary

SEPTEMBER 2, 2022 - ADMINISTRATIVE COMPLIANCE ORDER 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 Section 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. 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. 42 U.S.C. ? 300i-2(b). Respondent?s CWS serves a population between 3,301 and 49,999 people. Although the Tennessee Department of Environment and Conservation (?TDEC?) administers the Public Water Supply Supervision Program in the State of Tennessee 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). Section 1414(g)(1) of the SDWA, 42 U.S.C. ? 300g-3(g)(1), grants the EPA authority to issue an order to require compliance with ?applicable requirements,? as defined at Section 1414(i), 42 U.S.C. ? 300g-3(i)). 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)

• GREENBRIER WATER AND SEWER DEPARTMENTNamed in settlement

Facilities (1)

• GREENBRIER WATER & SEWER DEPT

  GREENBRIER

  Registry ID: 110012952858

Statutes cited

• SDWA 1433 — Intentional Acts

Enforcement conclusions (1)

• GREENBRIER WATER AND SEWER DEPARTMENTentered 2022-09-02

  Primary law: SDWA

Timeline (3 milestones)

• 2022-09-02Final Order Issued
• 2022-09-26Enforcement Action Data Entered
• 2022-10-31Enforcement Action Closed