EPA v. CITY OF PALM BAY

Case summary

APRIL 22, 2026 - ADMINISTRATIVE COMPLIANCE ORDER Section 1433(a)(1)(A) of the SDWA, 42 U.S.C. ? 300i-2(a)(1)(A), 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: a. the risk to the system from malevolent acts and natural hazards; b. 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; c. the monitoring practices of the system; d. the financial infrastructure of the system; e. the use, storage, or handling of various chemicals by the system; and f. 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 prior to March 31, 2020 and at least once every five years after the initial applicable deadline. See Section 1433(a)(3) of the SDWA; 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. The ERP shall include: a. strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the system; b. 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 water; c. 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 d. 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 at least once every five years after the initial applicable deadline. See Section 1433(b) of the SDWA; 42 U.S.C. ? 300i-2(b). 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. See Section 1433(d) of the SDWA, 42 U.S.C. ? 300i-2(d). Respondent?s CWS serves a population more than 100,000 people. Based on CWS information available to the EPA on the online database established pursuant to the Cross-Media Electronic Reporting Rule (?CROMERR?), the Respondent timely certified its review of the RRA on March 27, 2025, in accordance with Section 1433(a)(3)(B) of the SDWA, 42 U.S.C. ? 300i-2(a)(3)(B). Based on the CROMERR database, the Respondent failed to certify that it has reviewed and revised, where necessary, the ERP for its water system by the September 30, 2025 deadline. The Respondent is therefore in violation of Section 1433(b) of the SDWA, 42 U.S.C. ? 300i-2(b)

Defendants (1)

• CITY OF PALM BAYNamed in settlement

Facilities (1)

• PALM BAY, CITY OF

  120 MALABAR RD., PALM BAY, FL, 32907-3099

  Registry ID: 110012895974

Statutes cited

• SDWA 1433 — Intentional Acts

Enforcement conclusions (1)

• CITY OF PALM BAYentered 2026-04-22

  Primary law: SDWA

Timeline (3 milestones)

• 2026-04-22Final Order Issued
• 2026-05-06Enforcement Action Data Entered
• 2026-05-19Enforcement Action Closed