EPA v. WARM SPRINGS COMMUNITY WATER SYSTEM

Case summary

To mitigate the Imminent and Substantial Endangerment at the Warm Springs Public Water System (System), ECAD plans to issue a 1431 Order. This 1431 Order will require: 1) provision of an alternative water supply, 2) monthly assessment and reporting to EPA of priority actions for the coming months, and 3) establishing a priority schedule that requires upgrades, purchases, and fixes to equipment and work practices to address the recent pattern of high turbidity and lack of adequate residual chlorine in the distribution system, both of which pose an Imminent and Substantial Engagement to the System's 3,800 customers. The System has issued boil water notices due to a lack of coagulant and/or other factors resulting in high and extremely high turbidity three times in the last six months, including twice in the last three weeks. The emergency administrative order would remain open until root causes of these issues are addressed and that work will be overseen by EPA through a workgroup consisting of EPA, the Tribe, and other relevant parties such as IHS. The 1431 SDWA Order will require the Tribe to provide alternate water when EPA determines such action is warranted and monitoring shows there is an issue (e.g., future turbidity exceedances or failure to maintain microbial treatment).

Defendants (1)

• Confederated Tribes of Warm SpringsNamed in complaintNamed in settlement

Facilities (1)

• WARM SPRINGS WATER TREATMENT PLANT

  NW DRY CREEK RD, MADRAS, OR, 97741

  Registry ID: 110013239780

Statutes cited

• SDWA 1431-PWS — Emergency Powers/PWS

Enforcement conclusions (2)

• WARM SPRINGS COMMUNITY WATER SYSTEMentered 2019-05-23

  Primary law: SDWA

• WARM SPRINGS COMMUNITY WATER SYSTEMentered 2022-04-29

  Primary law: SDWA

Timeline (4 milestones)

• 2019-04-30Enforcement Action Data Entered
• 2019-05-23Complaint Filed/Proposed Order
• 2022-04-29Final Order Issued
• 2025-03-05Enforcement Action Closed