EPA v. OLD ANTIOCH MISSIONARY BAPTIST CHURCH

Case summary

OCTOBER 20, 2022 - ADMINISTRATIVE COMPLIANCE ORDER On April 14, 2022, staff from the EPA?s Direct Implementation (?DI?) Team referred the PWS to the EPA Enforcement and Compliance Assurance Division for an alleged Revised Total Coliform Rule (?RTCR?) monitoring and reporting (?MR?) violation that occurred in March 2022. On June 28, 2022, the EPA issued a Notice of Noncompliance (?NONC?) to Respondent, pursuant to Section 1414(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. According to U.S. Postal Service tracking records, the NONC was available for pickup on June 30, 2022; however, the Respondent did not contact the EPA to schedule a show cause meeting. Since a response from the Respondent was not received within the specified timeframe, the NONC was emailed to the Respondent on July 11, 2022, and mailed again via Postal Service on July 15, 2022. A response was not received. A follow up email requesting a response by August 3, 2022 was sent on July 29, 2022. A response was not received by August 3, 2022. Ms. Suzanne Armor, Associate Regional Counsel, called and spoke with Mr. Bear Lamb on August 15, 2022. Mr. Lamb indicated that he had not received the NONC. Ms. Armor explained the importance of responding to the letter and, as a follow up to the call, Ms. Armor emailed the NONC to Mr. Lamb?s email on August 15, 2022. As of September 19, 2022, a response has not been received by the Respondent. Pursuant to 40 C.F.R. ? 141.853(a)(1), the Respondent is required to collect total coliform and E. coli samples according to the written sampling plan. Respondent?s sampling plan and sample collection schedule require monthly monitoring. 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. Based on information available to the EPA, Respondent has failed to collect total coliform and E. coli samples for the month of March 2022.. Therefore, Respondent is in violation of 40 C.F.R. ? 141.853(a)(1) for failure to monitor for total coliforms and E. coli in accordance with the monitoring schedule listed in their written sampling plan. Based on information available to the EPA, Respondent has failed to submit total coliform and E. coli samples for the month of March 2022 to the EPA. Therefore, Respondent is in violation of 40 C.F.R. ? 141.31(a) for failure to submit the required sampling results to the EPA.

Defendants (1)

• OLD ANTIOCH MISSIONARY BAPTIST CHURCHNamed in settlement

Facilities (1)

• OLD ANTIOCH MISSIONARY BAPTIST CHURCH

  Registry ID: 110050981862

Statutes cited

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

Enforcement conclusions (1)

• OLD ANTIOCH MISSIONARY BAPTIST CHURCHentered 2022-10-20

  Primary law: SDWA

Timeline (3 milestones)

• 2022-10-20Final Order Issued
• 2023-01-06Enforcement Action Data Entered
• 2024-07-31Enforcement Action Closed