EPA v. Warthen Water Association

Case summary

ADMINISTRATIVE COMPLIANCE ORDER: 12/01/2025 Docket No. SDWA-04-2026-5000 Proceeding pursuant to Section 1414(g) of the Safe Drinking Water Act, 42 U.S.C. ? 300g-3(g). I. This Administrative Compliance Order (?Order?) is issued to Warthen 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 owns and operates the Warthen Water Association ?public water system? (?PWS?), located in Warthen, Washington County, Georgia, PWS ID No. GA3030007. Warthen Water Association (System) provides water for human consumption to a population of approximately 350 persons. 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. Failure to develop an initial inventory by October 16, 2024, requires Tier 2 Public Notification pursuant to 40 C.F.R. Subpart Q of Part 141, Appendix A (public notification of drinking water violations). 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). 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). 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). A water system must make the service line inventory publicly available pursuant to 40 C.F.R. ?141.84(a)(8). 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). Failure to make the service line materials inventory publicly available requires Tier 2 Public Notification pursuant to 40 C.F.R. Subpart Q of Part 141, Appendix A (public notification of drinking water violations). 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. Beginning October 16, 2024, a water system shall deliver 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, as prescribed in 40 C.F.R. ?141.85(e)(4). 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 above, the EPA alleges that the System violated the SDWA, including violations of the NPDWRs.

Defendants (1)

• Warthen Water AssociationNamed in complaintNamed in settlement

Facilities (1)

• WARTHEN WATER ASSOCIATION-WELL #2 PLANT

  7678 GA HWY 15 N, WARTHEN, GA, 31094

  Registry ID: 110013124699

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• Warthen Water Associationentered 2025-12-01

  Primary law: SDWA

Timeline (3 milestones)

• 2025-12-01Final Order Issued
• 2025-12-01Enforcement Action Closed
• 2025-12-09Enforcement Action Data Entered