EPA v. BUREAU OF INDIAN AFFAIRS - CROW AGENCY, MONTANA

Case summary

The Water Technical Enforcement Program and the Montana Office plan to issue the BIA Rocky Mountain Region an Administrative Order under section 1414(g) of the Safe Drinking Water Act for failing to respond to and correct a significant deficiency in noncompliance with the National Primary Drinking Water Regulations. Specifically, EPA identified the System's lack of a certified operator as a significant deficiency during a sanitary survey conducted at the System in July 2013. BIA submitted a plan and schedule to retain at least one properly certified operator by March 31, 2014. BIA failed, however, to comply with its plan and schedule and EPA subsequently issued BIA a Notice of Violation in April 2014. The System's operators registered for and took the exam in February 2015 but did not pass. Their registration is valid until October 2015, during which time the operators may take the exam as many times as needed to pass. The Administrative Order requires a status update with a revised timeframe for obtaining a certified operator within 60 days of the Order and public notice of the significant deficiency violation. This action follows significant EPA compliance assistance and prior administrative enforcement actions to resolve a variety of drinking water violations at the System including issuance in September 2014 of a complaint with penalties for recurring monitoring and reporting violations. The Water Technical Enforcement Program and the Montana Office, assisted by the Legal Enforcement Program, have coordinated closely with the Drinking Water Program and the Tribal Assistance Program on this proposed action

Defendants (1)

• BUREAU OF INDIAN AFFAIRSNamed in complaintNamed in settlement

Facilities (2)

• CROW AGENCY WATER SYSTEM

  CROW AGENCY, CROW AGENCY, MT, 59022

  Registry ID: 110012922089

• CROW AGENCY WATER TREATMENT PLANT

  BIA COMPOUND, CROW AGENCY, MT, 59022

  Registry ID: 110012371593

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• BUREAU OF INDIAN AFFAIRS - CROW AGENCY, MONTANAentered 2015-09-14

  Primary law: SDWA

Timeline (3 milestones)

• 2015-09-14Final Order Issued
• 2015-10-08Enforcement Action Data Entered
• 2021-05-11Enforcement Action Closed