EPA v. CITY OF BILOXI

Case summary

MAY 3, 2024 - ADMINSTRATIVE COMPLIANCE ORDER On February 27, 2024, EPA completed an onsite inspection of Respondent?s public water system. During the inspection, the EPA inspection team requested that the Respondent produce its RRA and ERP, which it is required to maintain onsite pursuant to Section 1433(d) of the SDWA. During the review of the RRA, the EPA inspection team determined that the System?s RRA did not contain an assessment of the risks to, and resilience of, the System from natural hazards as required by Section 1433(a)(1) of the SDWA. During the review of the ERP, the EPA inspection team determined that the System?s ERP did not contain strategies and resources to improve the resilience of the System, including the physical security and cybersecurity of the System, nor strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security of resilience of the System as required by Sections 1433(b)(1) and (4) of the SDWA. Therefore, the EPA alleges that Respondent failed to comply with Sections 1433(a) and (b) of the SDWA, 42 U.S.C. ? 300i-2(a) and (b), by failing to draft and incorporate required sections of the RRA and ERP, and by falsely certifying that it had provided a complete RRA and ERP to the EPA. Furthermore, the Respondent has not submitted a complete RRA and ERP to the EPA to date. Based on the foregoing FINDINGS, and pursuant to the authority of Section 1414(g) of the SDWA, 42 U.S.C. ? 300g-3(g), the EPA is issuing this Order to place the Respondent on an enforceable schedule to comply with Section 1433 of the SDWA, 42 U.S.C. ? 300i-2. The EPA hereby ORDERS: Within 30 days of the Effective Date of this Order, Respondent shall develop an RRA and ERP which includes all of the requirements listed in Paragraphs 7 and 9 of this Order. Within 30 days of the Effective Date of this Order, Respondent shall schedule a meeting with EPA to present evidence of the completed RRA and ERP. At the time of the meeting and in the presence of EPA, Respondent shall also submit evidence of its certification for the completion of its RRA and ERP, as required by Sections 1433(a) and (b) of the SDWA, to the EPA Administrator. Respondent shall submit the certification electronically using the following link: https://www.epa.gov/waterresilience/how-certify-your-risk-and-resilience-assessment-or-emergency-response-plan.

Defendants (1)

• CITY OF BILOXINamed in settlement

Facilities (1)

• CITY OF BILOXI

  BILOXI, MS

  Registry ID: 110013010641

Statutes cited

• SDWA 1433 — Intentional Acts

Enforcement conclusions (1)

• CITY OF BILOXIentered 2024-05-03

  Primary law: SDWA

Timeline (3 milestones)

• 2024-05-03Final Order Issued
• 2024-05-23Enforcement Action Data Entered
• 2024-06-20Enforcement Action Closed