AUGUST 31, 2022 - Administrative Compliance Order On Consent
- On May 8, 2019, an EPA-authorized representative performed an inspection of the Subject Well and noted that underground injection was in active status.
- On May 6, 2020, the EPA mailed to Respondent, the Information Request Letter (IRL), Pursuant to Section 1445(a)(1)(A) of the Safe Drinking Water Act, 42 U.S.C. ? 300j-4(a), and UIC regulation at 40 C.F.R. ? 144.17, requesting records review to determine UIC
compliance of the Subject Well.
- On May 29, 2020, Respondent emailed the EPA its response to the IRL. Respondent failed to provide the EPA with any parameters of monitoring data for the Subject Well, during the timeperiod of three (3) calendar years, Years 2017 through 2019, as required by the IRL. Respondent believed the stormwater drainage was connected to the water and sewerage system, instead of the
Subject Well, but such information was incorrect.
- On December 21, 2020, the EPA conducted a show cause meeting with Respondent to discuss the stormwater drainage system and the need for permit or rule-authorization to achieve compliance.
- A site visit conducted by the EPA on August 11, 2021, showed drainage from the parking lot was directed to a vegetated basin located behind the hotel, with drains and piping directing fluids to the Subject Well, with normal function.
- The EPA has determined that Respondent is in violation of Section 1423 and Part C of the SDWA, 42 U.S.C. ? 300h, et seq., and 40