EPA v. STRAIGHT FORK BAPTIST CHURCH

Case summary

OCTOBER 20,2022 - ADMINISTRATIVE COMPLIANCE ORDER On April 14, 2022, staff from the EPA Direct Implementation (?DI?) Team referred the PWS to the EPA Enforcement and Compliance Assurance Division for alleged Revised Total Coliform Rule (RTCR) monitoring and reporting (MR) violations that occurred in between October 2021 through April 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 notice 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, two follow up calls were placed by ECAD to Respondent: one on July 20, 2022, and another on July 29, 2022. Respondent did not answer the calls, so the EPA left voicemails requesting that Respondent call the EPA back. The EPA did not receive any response to its voicemails. The EPA placed a follow up call to Respondent on August 25, 2022, and spoke with Respondent, expressing the importance of picking up the NONC from the mail, reviewing it and calling back the EPA to arrange for a show cause meeting. A request for a show cause meeting was not received from Respondent. As of October 5, 2022, a request for a show cause meeting has not been received by the Respondent. Pursuant to 40 C.F.R. ? 141.860(d)(1), the Respondent is required to submit a monitoring report in a timely manner to the EPA after properly conducting monitoring or an assessment. Pursuant to 40 C.F.R. ? 141.853(a)(1), the Respondent is required to collect total coliforms 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 submit total coliforms and E. coli sample results for the month of October 2021 to the EPA. Therefore, Respondent is in violation of 40 C.F.R. ? 141.860(d)(1) for failure to report total coliforms and E. coli sample results to the EPA for the October 2021 monitoring period. Based on information available to the EPA, Respondent?s bacteriological sample results deviated from written sampling plan during the November 2021 monitoring period. Therefore, Respondent is in violation of 40 C.F.R. ? 141.853(a)(1) for deviating from written sampling plan when collecting the bacteriological samples for the November 2021 monitoring period. Based on information available to the EPA, Respondent failed to monitor and report the results of total coliforms and E. coli samples from December 2021 through April 2022. Therefore, Respondent is in violation of 40 C.F.R. ?? 141.31 and 141.853(a)(1) for failure to monitor and report total coliforms and E. coli sample results for the December 2021 through April 2022 monitoring periods.

Defendants (1)

• STRAIGHT FORK BAPTIST CHURCHNamed in settlement

Facilities (1)

• STRAIGHTFORK BAPTIST CHURCH

  Registry ID: 110050981657

Statutes cited

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

Enforcement conclusions (1)

• STRAIGHT FORK BAPTIST CHURCHentered 2022-10-20

  Primary law: SDWA

Timeline (2 milestones)

• 2022-10-20Final Order Issued
• 2023-01-06Enforcement Action Data Entered