EPA v. THE CROW TRIBE AND APSAALOOKE WATER AND WASTEWATER AUTHORITY CROW AGENCY PUBLIC WATER SYSTEM TRTMNT

Case summary

The Water Technical Enforcement Program and the Montana Office plan to issue the Tribe and AWWA 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, the 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. According to the plan and schedule submitted by AWWA, the System was required to have at least one properly certified operator (MT 1B for treatment and MT 3A for distribution) by March 10, 2015. The System?s operators did not register for or take the appropriate operator certification exams for the System despite significant and costly compliance and training assistance provided by the EPA and its contractors by the agreed upon timeframe. The EPA issued a Notice of Violation (NOV) for failure to complete corrective action on April 16, 2015. Additionally, the System failed to report the running annual average compliance calculations for the required Total Organic Carbon (TOC) removal for the first quarter of 2015. The EPA held an opportunity to confer call with the Tribe and AWWA on June 11, 2015. The AOC 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 and quarterly reports of the required TOC removal calculations. This action follows significant EPA compliance assistance and a prior Compliance Assistance Plan CAP) issued in June 2011 to resolve a variety of drinking water violations at the System which was close on May 32, 2015 for continued noncompliance. 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)

• CROW TRIBE AND AWWWANamed in complaintNamed in settlement

Facilities (1)

• APSAALOOKE WATER AND WASTEWATER AUTHORITY

  P.O. BOX 159, CROW AGENCY, MT, 59002

  Registry ID: 110066851437

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• THE CROW TRIBE AND APSAALOOKE WATER AND WASTEWATER AUTHORITY CROW AGENCY PUBLIC WATER SYSTEM TRTMNTentered 2015-09-22

  Primary law: SDWA

Timeline (3 milestones)

• 2015-09-22Final Order Issued
• 2015-10-08Enforcement Action Data Entered
• 2020-02-20Enforcement Action Closed