EPA v. MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, MIAMI, FLORIDA

Case summary

MAY 12, 2023 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT On November 3, 2022, staff from the EPA Region 4 Drinking Water Program Direct Implementation Team referred the system to the Region's Enforcement and Compliance Assurance Division for alleged SOCs and VOCs monitoring violations that occurred during the July I, 2022 - September 30, 2022 monitoring period. On December 9, 2022, the EPA issued a Notice of Noncompliance (NONC) to Respondent, pursuant to Section I 414(a)(2)(B) of the SDW A, 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 December 14, 2022, the EPA held a show-cause meeting with Respondent to discuss noncompliance. Pursuant to 40 C.F.R. ? 14l.24(h)(l), PWSs must follow the analysis requirements described in this section in order to determine compliance with maximum contaminant level for the contaminants listed in ? 141.61(c). Groundwater systems shall take a minimum of one sample at every entry point to the distribution system, which is representative of each well after treatment (sampling point). Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant. Pursuant to 40 C.F.R. ? 141.24(h)(4)(i), non-transient non-community PWS shall take four consecutive quarterly samples for each contaminant listed in ? 141.61(c) during each compliance period beginning with the initial compliance period. Respondent failed to monitor for SOCs during the July I, 2022 - September 30, 2022, monitoring period as required by 40 C.F.R. ? 141.24(h)(l) and (4)(1). Pursuant to 40 C.F.R. ? 14 l.24(t)( I), PWSs must follow the analysis requirements described on this section in order to determine compliance with maximum contaminant level for the contaminants listed in ? 141.61(a)(I) through (21). Groundwater systems shall take a minimum of one sample at every entry point to the distribution system which is representative of each well after treatment (sampling point). Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant, or within the distribution system. Pursuant to 40 C.F.R. ? 1_4 I .24(f)(4)(i), non-transient non-community PWS shall take four consecutive quarterly samples for each contaminant listed in ? 141.61(a)(l) through (21) during each compliance period beginning with the initial compliance period. Respondent failed to monitor for VOCs during the July I, 2022 - September 30, 2022, monitoring period as required by 40 C.F.R. ? 141.24(f)(l) and (4)(i). Respondent monitored for SOCs and VOCs on October 28, 2022. Pursuant to 40 C.F.R. ? l 4 l.203(a) Table 1 (2), PWSs are required to notify the public via Tier 2 rather than a Tier 3 public notice (PN) when the primacy agency makes the determination by taking into account potential health impacts and persistence of the violation. Respondent commenced the PN distribution on December 21, 2022. Pursuant to 40 C.F.R. ? 14l.203(b)(2), the system must repeat the notice every three months as long as the violation or situation persists, unless the EPA determines that appropriate circumstances warrant a different repeat notice frequency. Therefore, based on the findings listed above, the EPA has determined that the System violated the SDWA, including violations of the NPDWRs.

Defendants (1)

• MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, MIAMI, FLNamed in settlement

Facilities (1)

• MICCOSUKEE SERVICE PLAZA-TREATMENT PLANT

  P.O. BOX 440021 TAMIAMI STATION, MIAMI, FL, 33144

  Registry ID: 110071300477

Statutes cited

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

Enforcement conclusions (1)

• MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, MIAMI, FLORIDAentered 2023-05-12

  Primary law: SDWA

Timeline (2 milestones)

• 2023-05-12Final Order Issued
• 2023-07-07Enforcement Action Data Entered