EPA v. CITY OF GAINESVILLE

Case summary

AUGUST 26, 2025 - ADMINISTRATIVE COMPLIANCE ORDER Respondent's PWS provides piped water for human consumption and regularly serves at least 15 service connections and/or at least 25 residents and is therefore a public water system as defined by Section 1401(4) of the SDWA, 42 U.S.C. 300f(4), and 40 C.F.R. 141.2, and is also a community water system (CWS) as defined by Section 1401(15) of the SDWA, 42 U.S.C. 300f(15), and 40 C.F.R. 141.2. Respondent's ownership and operation of the System makes it a supplier of water within the meaning of Section 1401(5) of the SDWA, 42 U.S.C. 300f(5), and 40 C.F.R. 141.2. Section 1433 of the SDWA is an applicable requirement as defined in Section 1414(i) of the SDWA, 42 U.S.C. 300g-3(i)(1). Although the Georgia Environmental Protection Division (GA EPD) administers the Public Water Supply Supervision Program in the State of Georgia pursuant to Section 1413 of the SDWA, 42 U.S.C. 300g-2, the EPA retains primary enforcement authority over Section 1433 of the SDWA. See 42 U.S.C. 300g-3(g)(1) (granting the EPA administrative enforcement authority over ?applicable requirements,? as defined at Section 1414(i), 42 U.S.C. 300g-3(i)) Section 1433(a)(1)(A) of the SDWA requires a CWS serving more than 3,300 persons to conduct a Risk and Resilience Assessment RRA) of its system. A CWS serving a population of more than 100,000 people was required to certify to the EPA that it had completed and/or revised the RRA no later than March 31, 2020 and so forth at least once every five years after the initial applicable deadline. See SDWA 1433(a)(3); 42 U.S.C. 300i-2(a)(3). Section 1433(b) of the SDWA, 42 U.S.C. 300i-2(b), requires a CWS serving more than 3,300 persons, to prepare or revise, where necessary, an emergency response plan (ERP) that incorporates the findings of the RRA no later than six months after certifying completion of its RRA. Each CWS serving a population of more than 100,000 people was required to certify to the EPA that it had completed and/or revised the ERP no later than September 30, 2020 and so forth at least once every five years after the initial applicable deadline. See 42 U.S.C. 300i-2(b). Respondent?s CWS serves a population more than 100,000 people. Based on information available to the EPA, Respondent has failed to timely certify that it has conducted the RRA, as specified in Section 1433(a)(3)(B) of the SDWA, 42 U.S.C. 300i-2(a)(3)(B), for its water system, in violation of Section 1433(a) as an applicable requirement of the SDWA. Based on the 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 requirements of 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 review and, if applicable, revise its RRA, as required by Section 1433(a)(3)(B) of the SDWA Within 30 days of the Effective Date of this Order, Respondent shall submit its certification for the completion of its RRA, as required by Section 1433(a) of the SDWA, to the EPA Administrator. Within 30 days of the Effective Date of this Order, Respondent shall provide written confirmation to EPA that the Requirements have been met and that the Respondent is in compliance with Section 1433(a) of the SDWA and the Order.

Defendants (1)

• CITY OF GAINESVILLENamed in settlement

Facilities (1)

• GAINESVILLE

  GAINESVILLE, GA

  Registry ID: 110013142447

Statutes cited

• SDWA 1433 — Intentional Acts

Enforcement conclusions (1)

• CITY OF GAINESVILLEentered 2025-08-26

  Primary law: SDWA

Timeline (3 milestones)

• 2025-08-26Final Order Issued
• 2025-08-27Enforcement Action Data Entered
• 2025-11-06Enforcement Action Closed