EPA v. CITY OF OCEAN SPRINGS

Case summary

May 8, 2024 - Administrative Compliance Order On February 26 and 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. While the Respondent was able to produce its ERP at the time of inspection, it could not produce its RRA despite having certified completion of the RRA to the EPA. Based on the System?s failure to produce an RRA, the inspection team determined that the ERP was incomplete as it did not incorporate the findings of the RRA as required by Section 1433(b) 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 prepare an RRA, failing to provide a complete ERP, and falsely certifying that it had produced a complete RRA and ERP to the EPA. Furthermore, the Respondent has not provided 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 include all of the requirements listed in Paragraph 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 supporting its certification of the completion of its RRA and ERP, as required by Section 1433(a) of the SDWA. Respondent also 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 Ocean SpringsNamed in settlement

Facilities (1)

• CITY OF OCEAN SPRINGS

  OCEAN SPRINGS, MS

  Registry ID: 110013007174

Statutes cited

• SDWA 1433 — Intentional Acts

Enforcement conclusions (1)

• CITY OF OCEAN SPRINGSentered 2024-05-08

  Primary law: SDWA

Timeline (3 milestones)

• 2024-05-08Final Order Issued
• 2024-05-23Enforcement Action Data Entered
• 2024-06-20Enforcement Action Closed