EPA v. MISSISSIPPI BAND OF CHOCTAW INDIAN, CHOCTAW, MISSISSIPPI - TUCKER

Case summary

AUGUST 31, 2023 - ADMINISTRATIVE ORDER ON CONSENT On August 31,2022, staff from the EPA Drinking Water Program Direct Implementation Team referred the System to the EPA Enforcement and Compliance Assurance Division for alleged violations for failing to correct significant deficiencies within the CAP?s designated timeframes. On November 18, 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 its compliance status. On December 12, 2022, the EPA held a show-cause meeting with Respondent to discuss noncompliance. Pursuant to 40 C.F.R. ? 141.403(a)(5)(ii), within 120 days of receiving written notification from EPA of a significant deficiency, the System must be in compliance with an EPA-approved CAP and schedule. An unresolved deficiency is considered a treatment technique violation under 40 C.F.R. ? 141.404(a)(1). Respondent failed to correct the significant deficiencies within the designated timeframes within the CAP as required by 40 C.F.R. ? 141.403(a)(5)(ii) and 141.404(a)(1). Pursuant to 40 C.F.R. ? 141.203(a)(1), all violations of a treatment technique require a Tier 2 public notice (PN). Additionally, under 40 C.F.R. ? 141.203(b)(1), public water systems must provide the PN for Tier 2 violations as soon as practical, but no later than 30 days after the system learns of the violation. Respondent failed to provide public notice within 30 days upon learning of violations. Respondent commenced the PN distribution on January 13, 2023. Pursuant to 40 C.F.R. ? 141.203(b)(2), the system must repeat the notice every three months for as long as the violation or situation persists, unless the EPA determines that appropriate circumstances warrant a different notice frequency. Therefore, based on the findings listed above, the EPA has determined that the System violated the SDWA, including violations of the NPDWR.

Defendants (2)

• CHOCTAW, MISSISSIPPINamed in settlement
• MISSISSIPPI BAND OF CHOCTAW INDIANNamed in settlement

Facilities (1)

• CHOCTAW - TUCKER

  Registry ID: 110020591206

Statutes cited

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

Enforcement conclusions (1)

• MISSISSIPPI BAND OF CHOCTAW INDIAN, CHOCTAW, MISSISSIPPI - TUCKERentered 2023-08-31

  Primary law: SDWA

Timeline (2 milestones)

• 2023-08-31Final Order Issued
• 2023-09-08Enforcement Action Data Entered