EPA v. MACON COUNTY WATER AUTHORITY

Case summary

JULY 19, 2024 - ADMINISTRATIVE COMPLIANCE ORDER On March 21, 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 pursuant to Section 1433(d) of the SDWA. The Respondent could not produce its RRA nor ERP despite having certified completion of the RRA and ERP to the EPA. Furthermore, to date, the Respondent has not provided evidence to the EPA that it has completed the RRA and ERP nor has it submitted a revised certification to that effect. 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 prepare an ERP, and falsely certifying to the EPA that it had completed both the RRA and ERP. 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 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)

• MACON COUNTY WATER AUTHORITYNamed in settlement

Facilities (1)

• MACON COUNTY WATER AUTHORITY

  TUSKEGEE, AL

  Registry ID: 110012982488

Statutes cited

• SDWA 1433 — Intentional Acts

Enforcement conclusions (1)

• MACON COUNTY WATER AUTHORITYentered 2024-07-19

  Primary law: SDWA

Timeline (2 milestones)

• 2024-07-19Final Order Issued
• 2024-07-22Enforcement Action Data Entered