EPA v. City of Orting

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 3, 2022, EPA notified City of Orting CWS that the Respondent must certify their ERP as required by AWIA. At the time of contact, City of Orting CWS had not yet prepared an ERP. On October 18, 2022, EPA Region 10 issued a Unilateral Administrative Order (UAO) to City of Orting to ensure compliance and implement these protections. According to SDWIS, this CWS serves a population of 9,628 people. According to EJScreen, this CWS is not an area of potential EJ concern.

Defendants (1)

• City of OrtingNamed in complaintNamed in settlement

Facilities (1)

• ORTING WATER FACILITY

  ROCKY RD NE, ORTING, WA, 98360

  Registry ID: 110070106240

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• City of Ortingentered 2022-10-18

  Primary law: SDWA

Timeline (3 milestones)

• 2022-10-18Final Order Issued
• 2022-10-20Enforcement Action Data Entered
• 2023-03-07Enforcement Action Closed