AUGUST 31, 2023 - ADMINISTRATIVE ORDER ON CONSENT
On August 31,2022, staff from the EPA Drinking Water Program Direct Implementation Team referred the System to the EPA Enforcement and Compliance Assurance Division for alleged violations for failing to correct significant deficiencies within the CAP?s
designated timeframes.
On November 18, 2022, the EPA issued a Notice of Noncompliance (NONC) to Respondent, pursuant to Section 1414(a)(2)(B) of the SDWA, 42 U.S.C. ? 300g-3(a)(2)(B), to allow Respondent time to review the potential noncompliance and schedule a show-cause
meeting to discuss its compliance status.
On December 12, 2022, the EPA held a show-cause meeting with Respondent to discuss noncompliance.
Pursuant to 40 C.F.R. ? 141.403(a)(5)(ii), within 120 days of receiving written notification from EPA of a significant deficiency, the System must be in compliance with an EPA-approved CAP and schedule. An unresolved deficiency is considered a treatment technique
violation under 40 C.F.R. ? 141.404(a)(1).
Respondent failed to correct the significant deficiencies within the designated timeframes within the CAP as required by 40 C.F.R. ? 141.403(a)(5)(ii) and 141.404(a)(1).
Pursuant to 40 C.F.R. ? 141.203(a)(1), all violations of a treatment technique require a Tier 2 public notice (PN). Additionally, under 40 C.F.R. ? 141.203(b)(1), public water systems must provide the PN for Tier 2 violations as soon as practical, but no later than 30 days
after the s