EPA v. City of Milton-Freewater UAO

Case summary

On October 23, 2018, America's Water Infrastructure Act (AWIA) was signed into law; Section 2013(b) of the Act amends Section 1433 of the Safe Drinking Water Act (SDWA). Section 1433(b) requires Community Water Systems (CWS) serving more than 3,300 people to develop or update Emergency Response Plans (ERPs) based on the findings of its Risk and Resilience Assessment (RRA) and certify to the U.S. Environmental Protection Agency (EPA) that this work has been completed. CWSs serving 3301-49,999 people were required to submit certification to the EPA that it conducted its RRA on or before June 30, 2021, and to submit an ERP certification statement no later than December 31, 2021. On March 22, 2022, EPA notified City of Milton-Freewater CWS that the Respondent must certify their RRA and ERP as required by AWIA. At the time of contact, City of Milton-Freewater CWS had not yet prepared a RRA and ERP. On April 15, 2022, EPA Region 10 issued a Unilateral Administrative Order (UAO) to City of Milton-Freewater to ensure compliance and implement these protections. According to SDWIS, this CWS serves a population of 7070 people. According to EJScreen, this CWS is an area of potential EJ concern for indexes in the State Percentile, EPA Region Percentile and USA Percentile.

Defendants (1)

• City of Milton-Freewater (PWS ID OR4100522)Named in complaintNamed in settlement

Facilities (1)

• MILTON-FREEWATER CITY WATER SYSTEM

  SW 8TH AVE, MILTON FREEWATER, OR, 97862

  Registry ID: 110013266811

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• City of Milton-Freewater UAOentered 2022-04-15

  Primary law: SDWA

Timeline (4 milestones)

• 2022-04-15Complaint Filed/Proposed Order
• 2022-04-15Final Order Issued
• 2022-04-19Enforcement Action Data Entered
• 2022-10-13Enforcement Action Closed