EPA v. CAROLINA BEACH WATER SYSTEM

Case summary

SEPTEMBER 9, 2024 - ADMINISTRATIVE COMPLIANCE ORDER On June 10, 2021, 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 EPA inspection team determined that the System?s ERP was complete, the EPA inspection team observed that the RRA was missing necessary elements. Specifically, the inspection team determined that the RRA did not contain an assessment of the risks to, and resilience of, the system from malevolent acts and natural hazards; the monitoring practices of the system; the financial infrastructure of the system; and the use, storage, and handling of various chemicals by the system as required by Sections 1433(a)(i), (iii), (iv), and (v) of the SDWA. Furthermore, the Respondent has not provided a complete RRA to the EPA to date. Therefore, the EPA alleges that Respondent failed to comply with Section 1433(a) of the SDWA, 42 U.S.C. ? 300i-2(a), by certifying an incomplete RRA to the EPA. 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 which includes all of the requirements listed in 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. 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, as required by Section 1433(a) 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)

• CAROLINA BEACH WATER SYSTEMNamed in settlement

Facilities (1)

• CAROLINA BEACH WATER SYSTEM

  NC

  Registry ID: 110012843076

Statutes cited

• SDWA 1433 — Intentional Acts

Enforcement conclusions (1)

• CAROLINA BEACH WATER SYSTEMentered 2024-09-09

  Primary law: SDWA

Timeline (2 milestones)

• 2024-09-09Final Order Issued
• 2024-09-20Enforcement Action Data Entered