EPA v. City of Selah

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 August 10, 2022, EPA notified City of Selah CWS that the Respondent must certify their ERP as required by AWIA. At the time of contact, City of Selah CWS had not yet prepared an ERP. On October 18, 2022, EPA Region 10 issued a Unilateral Administrative Order (UAO) to City of Selah to ensure compliance and implement these protections. According to SDWIS, this CWS serves a population of 8,500 people. According to EJScreen, this CWS is not an area of potential EJ concern.

Defendants (1)

• CITY OF SELAHNamed in complaintNamed in settlement

Facilities (1)

• SELAH, CITY OF

  WA

  Registry ID: 110070160328

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• City of Selahentered 2022-10-18

  Primary law: SDWA

Timeline (3 milestones)

• 2022-10-18Final Order Issued
• 2022-10-20Enforcement Action Data Entered
• 2022-12-02Enforcement Action Closed