EPA v. LODGEPOLE HOUSING PWS AND GROS VENTRE AND ASSINIBOINE TRIBES

Case summary

THE EPA HAS DETERMINED THAT CONDITIONS EXIST AT THE SYSTEM THAT MAY PRESENT A IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE HEALTH OF PERSONS. On June 7, 2013, the EPA was notified that a special Total Coliform Rule (TCR) sample had been taken in the System. The TCR sample came back positive for total coliform and e. coli. Two of the five additional TCR samples collected on June 7, 2013, tested positive for total coliform and e. coli. On June 6, 2013 a member of Montana Rural Water on site providing technical assistance verified that a septic drain field serving ten homes was less than 20 feet upslope of the well head. The ground was saturated due to flooding. The EPA is working with the System to confirm the source of contamination.EPA provided compliance assistance following both MCLs and has been on site to provide technical and compliance assistance since these violation. One of the dilemas is the system tends to switch to their back-up source, which is surface water purchased, when they have problems without notifying EPA. Which makes it difficult to regulate the system. Due to the continued non-compliance of the system and no Tribal Intreset EPA is moving forward with an Administrative Order.

Defendants (1)

• LODGEPOLE HOUSING PWS AND GROS VENTRE AND ASSINIBONamed in complaintNamed in settlement

Facilities (1)

• LODGEPOLE HOUSING WATER SYSTEM

  RR1, BOX 66, HARLEM, MT, 59526

  Registry ID: 110032598909

Statutes cited

• SDWA 1431-PWS — Emergency Powers/PWS

Enforcement conclusions (1)

• LODGEPOLE HOUSING PWS AND GROS VENTRE AND ASSINIBOINE TRIBESentered 2013-06-12

  Primary law: SDWA

Timeline (3 milestones)

• 2013-06-12Final Order Issued
• 2013-06-25Enforcement Action Data Entered
• 2014-01-06Enforcement Action Closed