EPA v. Mulberry-Fairplains Water Association

Case summary

ADMINISTRATIVE COMPLIANCE ORDER: 7/30/2025 Docket No. SDWA-04-2025-5009 Mulberry-Fairplains Water Association Proceeding pursuant to Section 1414(g) of the Safe Drinking Water Act, 42 U.S.C. ? 300g-3(g). This Administrative Compliance Order (?Order?) is issued to Mulberry-Fairplains Water Association Public Water System (?Respondent?) pursuant to the authority vested in the Administrator of the United States Environmental Protection Agency by Section 1414(g) of the Safe Drinking Water Act (?SDWA?), 42 U.S.C ? 300g-3(g). The Administrator has delegated this authority to the Regional Administrator of EPA Region 4, who has, in turn, delegated this authority to the Director of the Enforcement Compliance and Assurance Division. 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. Respondent is an individual, corporation, company, association, and/or an officer or agent of said corporation, company or association and is therefore a ?person? within the meaning of Section 1401(12) of the SDWA, 42 U.S.C. ?300f(12). Pursuant to 40 C.F.R. ? 141.84(a) (service line inventory), a water system must develop a service line inventory that identifies the materials of all service lines connected to the public water distribution system. PWSs were required to develop and submit to the State1 an initial service line inventory by October 16, 2024, pursuant to 40 C.F.R. ?? 141.84(a)(1) and 141.90(e)(1) (reporting requirements). The System failed to develop and submit its required initial service line inventory to the State by the October 16, 2024, deadline. Within 30 days of completing its initial service line inventory, a water system must inform all persons served at the service connection of lead, galvanized requiring replacement, or lead status unknown service lines pursuant to 40 C.F.R. ? 141.85(e)(1). Based on the foregoing FINDINGS OF FACT AND CONCLUSIONS OF LAW, 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 the SDWA. The EPA hereby ORDERS: Within 30 days of the Effective Date of this Order, as defined in Paragraph 35, Respondent shall complete and submit its initial service line inventory required by 40 C.F.R. ? 141.84(a) to the NCDEQ, as required by 40 C.F.R. ? 141.84(a)(1). Within 14 days of the Effective Date of this Order, Respondent shall issue Tier 2 Public Notice for its failure to complete and submit its initial service line inventory, as required by 40 C.F.R. ? 141.203. Within one year of the initial service line inventory submittal date of October 16, 2024, Respondent shall issue Tier 3 Public Notice for its failure to complete and submit its initial service line inventory, as required by 40 C.F.R. ? 141.204. This Order constitutes final agency action. Under Section 1448(a) of the SDWA, 42 U.S.C. ? 300j-7(a), Respondent may seek federal judicial review Failure to comply with the requirements herein shall constitute a violation of this Order and the SDWA and may subject Respondent to penalties.

Defendants (1)

• Mulberry-Fairplains Water AssociationNamed in settlement

Facilities (1)

• MULBERRY-FAIRPLAINS WTR ASSOC

  1613 SPARTA ROAD, NORTH WILKESBORO, NC, 28659

  Registry ID: 110018690843

Statutes cited

• SDWA 1414G — PWS - Violation of 1414(g) AO

Enforcement conclusions (1)

• Mulberry-Fairplains Water Associationentered 2025-07-30

  Primary law: SDWA

Timeline (3 milestones)

• 2025-07-30Enforcement Action Closed
• 2025-07-30Final Order Issued
• 2025-08-06Enforcement Action Data Entered