EPA v. Capitol Water Corporation

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 27, 2022, EPA notified Capitol Water Corporation CWS that the Respondent must certify their RRA as required by AWIA. At the time of contact, Capitol Water Corporation CWS had not yet prepared an RRA. On August 1, 2022, EPA Region 10 issued a Unilateral Administrative Order (UAO) to Capitol Water Corporation to ensure compliance and implement these protections. According to SDWIS, this CWS serves a population of 9000 people. According to EJScreen, this CWS is not an area of potential EJ concern.

Defendants (1)

• Capitol Water CorporationNamed in complaintNamed in settlement

Facilities (1)

• CAPITOL WATER CORPORATION

  2626 N ELDORADO ST, BOISE, ID, 83704

  Registry ID: 110013073404

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• Capitol Water Corporationentered 2022-08-01

  Primary law: SDWA

Timeline (4 milestones)

• 2022-08-01Final Order Issued
• 2022-08-01Complaint Filed/Proposed Order
• 2022-08-03Enforcement Action Data Entered
• 2023-01-11Enforcement Action Closed