SEPTEMBER 7, 2023 - ADMINISTRATIVE COMPLIANCE ORDER
On October 18-19, 2022, EPA completed an inspection of Respondent?s public water system. EPA inspectors reviewed Respondent?s RRA, pursuant to Section 1433(d) of the SDWA.
During the inspection, the EPA inspection team requested that Respondent produce its Emergency Response Plan (ERP),which it was required to maintain pursuant to Section 1433(d) of the SDWA. Despite having certified to the EPA that it had completed an ERP, Respondent was unable to produce the ERP during the inspection.
On April 11, 2023, EPA issued a Notice of Noncompliance to Respondent for failure to maintain its ERP , as required by Section 1433(d) of the SDWA.
On May 4, 2023, the EPA held a show cause meeting with Respondent to discuss the alleged noncompliance detailed in the Notice of Noncompliance. During this show cause meeting, Respondent admitted that it had not developed an updated ERP to meet the required elements in Section 1433(b) of the SDWA, 42 U.S.C. ? 300i-2(b), but that it had erroneously certified to the EPA that it had
done so.
Therefore, the EPA alleges that Respondent failed to comply with Section 1433(b) of the SDWA, 42 U.S.C. ? 300i-2(b), for failure to prepare and certify its ERP.