EPA v. FORT BELKNAP INIDIAN COMMUNITY AND PRARIE MOUNTAIN UTILITY

Case summary

THE EPA HAS DETERMINED THAT CONDITIONS EXIST AT THE SYSTEM THAT MAY PRESENT AND IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE HEALTH OF PERSONS. THE EPA HASBEEN ADVISED THAT THE CURRENT EMERGENCY CONDITIONS AROSE ON JULY 25 2013, WHEN THE SYSTEM LOST WATER PRESSURE AFTER A TRIBAL CONTRACTOR THAT WAS BURYING FIBER OPTICS HIT A WATER MAIN LINE AND WAS UNABLE TO REPAIR THE BREAK ADEQUATELY. The EPA has been advised that the current emergency conditions arose on July 25, 2013, when the System lost water pressure after a tribal contractor that was burying fiber optics hit a water main line and was unable to repair the break adequately. Additionally, when the break was being isolated, the only operable valve was shut off, thus cutting off the water supply to the population served by the System. The valve was then incorrectly turned back on, causing yet another line break that interrupted the supply of water to the System’s treatment plant. This has prevented cooling the intake pumps at the System’s water treatment plant, which in turn has prevented the plant from bringing in new water for treatment. Therefore, the System may be unable to produce safe drinking water. Loss of pressure may cause a net movement of water from outside the pipe to the inside through cracks, breaks, or joints in the distribution system that are common in all water systems. Back siphonage is also a condition resulting from low or no pressure. Such system failures carry a high potential that fecal contamination or other disease causing organisms could enter the distribution systems.

Defendants (1)

• FORT BELKNAP INIDIAN COMMUNITY AND PRARIE MOUNTAINNamed in complaintNamed in settlement

Facilities (1)

• FORT BELKNAP INDIAN COMMUNITY AND PRAIRIE MOUNTAIN UTILITIES

  ROUTE 1, BOX 66 AND 91, HARLEM, MT, 59526

  Registry ID: 110024264678

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations
• SDWA 1431-PWS — Emergency Powers/PWS

Enforcement conclusions (1)

• FORT BELKNAP INIDIAN COMMUNITY AND PRARIE MOUNTAIN UTILITYentered 2013-07-29

  Primary law: SDWA

Timeline (3 milestones)

• 2013-07-29Final Order Issued
• 2013-08-07Enforcement Action Data Entered
• 2014-01-06Enforcement Action Closed