EPA v. City of Kelso

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 3,301-49,999 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 June 13, 2022, EPA notified City of Kelso CWS that the Respondent must certify their RRA and ERP as required by AWIA. At the time of contact, City of Kelso CWS had not yet prepared a RRA and ERP. On June 24, 2022, EPA Region 10 issued a Unilateral Administrative Order (UAO) to City of Kelso to ensure compliance and implement these protections. According to SDWIS, this CWS serves a population of 15,255 people. According to EJScreen, this CWS is an area of potential EJ concern for indexes in the State Percentile and EPA Region Percentile.

Defendants (1)

• City of Kelso (PWS ID WA5338000)Named in complaintNamed in settlement

Facilities (1)

• KELSO WATER TREATMENT PLANT

  703 1ST AVE S, KELSO, WA, 98626

  Registry ID: 110013030291

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• City of Kelsoentered 2022-06-24

  Primary law: SDWA

Timeline (4 milestones)

• 2022-06-24Final Order Issued
• 2022-06-24Complaint Filed/Proposed Order
• 2022-06-28Enforcement Action Data Entered
• 2022-11-29Enforcement Action Closed