EPA v. CLAY COUNTY WATER AND SEWER DISTRICT

Case summary

SEPTEMBER 15, 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. The System failed to develop and submit its required initial service line inventory to the State by the October 16, 2024, deadline. The System failed to provide Tier 2 Public Notification to the persons it serves, as required by 40 C.F.R. Part 141, Subpart Q. Failure to submit an initial inventory to the State by October 16, 2024, requires Tier 3 Public Notification pursuant to 40 C.F.R. Subpart Q of Part 141, Appendix A (public notification of drinking water violations). The System has failed to inform all persons served at the service connection that the service line is known to, or has the potential of, containing lead, or such notification has failed to meet the timing, content, or delivery requirements, as prescribed in 40 C.F.R. 141.85(e). The System failed to make the service line materials inventory publicly available, or available online, as prescribed in 40 C.F.R. 141.84(a)(8). The System failed to provide Tier 2 Public Notification to the persons it serves, as required by 40 C.F.R. Part 141, Subpart Q. The System failed to deliver the required public education materials to persons served by the water system at the service connection with a lead, galvanized requiring replacement, or lead status unknown service line in accordance as required by 40 C.F.R. 141.85. Based on the findings, the EPA alleges that the System violated the SDWA, including violations of the NPDWRs. Based on the 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, 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. Within 45 days of the Effective Date of this Order, Respondent shall notify all customers served by a lead service line, galvanized requiring replacement, or lead status unknown service line, as required by 40 C.F.R. 141.85(e)(2). Within 45 days of the Effective Date of this Order, Respondent shall deliver public education materials to all customers served by a lead service line, galvanized requiring replacement or lead status unknown service line, as required by 40 C.F.R. 141.85(a)(1)(ii). Within 60 days of the Effective Date of this Order, Respondent shall make its initial service line materials inventory publicly available, as required by 40 C.F.R. 141.84(a)(8). Within 75 days of the Effective Date of this Order, Respondent shall provide written confirmation to the EPA that the requirements have been met and that the Respondent is in compliance with 40 C.F.R. 141.84(a). Within 14 days of completing the Tier 3 Public Notice, Respondent shall provide written confirmation to the EPA that the requirement has been met and that the Respondent is in compliance with 40 C.F.R. 141.204.

Defendants (1)

• CLAY COUNTY WATER AND SEWER DISTRICTNamed in settlement

Facilities (1)

• CLAY CO WATER & SEWER DISTRICT

  NC

  Registry ID: 110012932862

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• CLAY COUNTY WATER AND SEWER DISTRICTentered 2025-09-15

  Primary law: SDWA

Timeline (2 milestones)

• 2025-09-15Final Order Issued
• 2025-09-16Enforcement Action Data Entered