EPA v. CITY OF HIALIEAH

Case summary

AUGUST 28, 2025 - ADMINISTRATIVE COMPLIANCE ORDER On October 23, 2018, the SDWA was amended in accordance with the America's Water Infrastructure Act (?AWIA?) of 2018 (Public Law 115-270). In relevant part, AWIA amended Section 1433 of the SDWA, 42 U.S.C. ? 300i-2. Although the Florida Department of Environmental Protection (FDEP) administers the Public Water Supply Supervision Program in the State of Florida 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. 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. The RRA shall include an assessment of: the risk to the system from malevolent acts and natural hazards; the resilience of the pipes and constructed conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including the security of such systems) which are utilized by the system; the monitoring practices of the system; the financial infrastructure of the system; the use, storage, or handling of various chemicals by the system; and the operation and maintenance of the 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. 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. The ERP shall include strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the system; plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a malevolent act or natural hazard that threatens the ability of the community water system to deliver safe drinking actions, procedures and equipment which can obviate or significantly lessen the impact of a malevolent act or natural hazard on the public health and the safety and supply of drinking water provided to communities and individuals, including the development of alternative source water options, relocation of water intakes, and construction of flood protection barriers; and strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the system. 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. 1. A CWS serving a population of more than 3,300 persons is required to maintain copies of its RRA and ERP (including any revisions thereto) for five years after the date on which the certifications of such RRA and ERP was submitted to the EPA. Respondent's CWS serves a population of more than 100,000 people. 1. 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.

Defendants (1)

• CITY OF HIALIEAHNamed in settlement

Facilities (1)

• HIALEAH, CITY OF - MS4

  501 PALM AVE, HIALEAH, FL, 33010-4789

  Registry ID: 110013175125

Statutes cited

• SDWA 1433 — Intentional Acts

Enforcement conclusions (1)

• CITY OF HIALIEAHentered 2025-08-28

  Primary law: SDWA

Timeline (3 milestones)

• 2025-08-28Final Order Issued
• 2025-09-04Enforcement Action Data Entered
• 2025-10-06Enforcement Action Closed