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04-2023-2305Administrative - FormalFinal Order IssuedFY 2023· Region 04

EPA v. SELMA WATER WORKS AND SEWER BOARD

Final Order No Penalty

Case summary

SEPTEMBER 7, 2023 - ADMINISTRATIVE COMPLIANCE ORDER On October 18-19, 2022, EPA completed an inspection of Respondent?s public water system. EPA inspectors reviewed Respondent?s RRA, pursuant to Section 1433(d) of the SDWA. During the inspection, the EPA inspection team requested that Respondent produce its Emergency Response Plan (ERP),which it was required to maintain pursuant to Section 1433(d) of the SDWA. Despite having certified to the EPA that it had completed an ERP, Respondent was unable to produce the ERP during the inspection. On April 11, 2023, EPA issued a Notice of Noncompliance to Respondent for failure to maintain its ERP , as required by Section 1433(d) of the SDWA. On May 4, 2023, the EPA held a show cause meeting with Respondent to discuss the alleged noncompliance detailed in the Notice of Noncompliance. During this show cause meeting, Respondent admitted that it had not developed an updated ERP to meet the required elements in Section 1433(b) of the SDWA, 42 U.S.C. ? 300i-2(b), but that it had erroneously certified to the EPA that it had done so. Therefore, the EPA alleges that Respondent failed to comply with Section 1433(b) of the SDWA, 42 U.S.C. ? 300i-2(b), for failure to prepare and certify its ERP.

Defendants (1)

  • ma Water Works and Sewer BoardNamed in settlement

Facilities (1)

  • SELMA WATER WORKS & SEWER BOARD

    1706 SELMA ST, SELMA, AL, 36703

    Registry ID: 110010617270

Statutes cited

  • SDWA 1433Intentional Acts

Enforcement conclusions (1)

  • SELMA WATER WORKS AND SEWER BOARDentered 2023-09-07

    Primary law: SDWA

Timeline (2 milestones)

  • 2023-09-07Final Order Issued
  • 2023-10-05Enforcement Action Data Entered

Case metadata

EPA activity ID
3603745615
Case number
04-2023-2305
Lead agency
EPA
EPA region
04
Voluntary self-disclosure
No
Primary statute
Intentional Acts

Sourced verbatim from EPA ECHO Enforcement Case Report for case 04-2023-2305 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.