Document 7OG5g84YQY4oYvrLjRygkmGd8

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REG!ON6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TEXAS 75202-2733 Jf._B, I ~ CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 7014 0150 0000 2454 8942 Mr. Edwin L. Carlisle d/b/a Crafton Mobile Home Park 1612 FM 2127 Chico,TX 76431-3410 Re: PWS ID Number: TX2490088 Administrative Order; Docket Number: SDWA-06-2018-1233 Dear Mr. Carlisle: Enclosed is an Administrative Order (Order) issued to Edwin L. Carlisle, doing business as Crafton Mobile Home Park, for violation of the Safe Drinking Water Act (Act), 42 U.S. C. 300f, et seq., and its implementing regulations, 40 C.F.R. Part 141. The Environmental Protection Agency (EPA) finds that Edwin L. Cmlisle, owns or operates the Crafton Mobile Home Park public water system (PWS) identified in the Order and is therefore subject to the Revised Total Coliform Rule (RTCR). The Order requires routine total colifmm monitoring and public notification of the violations. This AO does not assess a monetary penalty; however, it does require compliance with the RTCR as set forth in 40 C.F.R. 141.851-141.861. Responded failed to collect total coliform samples, and also failed to provide associated public notifications to their customers. Please be aware that failure to comply with this Order may subject Edwin Carlisle to additional enforcement action by EPA, including the initiation of legal proceedings to seek monetary penalties. If you need assistance, or have questions regarding the Order, please contact Mr. Mehdi Taheri, of my staff, at (214) 665-2298. Sincerely, Enclosure Cheryl T. Seager Director Compliance Assurance and Enforcement Division Re: Crafton MHP 2 Administrative Order cc: Mr. Bryan Sinclair Director, Enforcement Division Texas Commission on Environmental Quality P.O. Box 13087 Austin, TX 78711-3087 Ms. Cari-Michelle La Caille Director, Water Supply Division Texas Commission on Environmental Quality P.O. Box 13087 Austin, TX 78711-3087 m. 1 0 2018 U.S. ENVIRONMENTAL l'ROTECTION AGENCY-REGION 6 FINDINGS OF VIOLATION AND COMPLIANCE ORDER In the Matter of: Crafton Mobile Home Park Water System Owned/Operated by Edwin L. Carlisle, Respondent Docket No. SDWA-06-2018-1233, PWS ID # TX2490088 STATUTORY AUTHORITY The following findings are made, and an Administrative Order issued, under the authority vested in the Administrator of the United States Environmental Protection Agency ("EPA"), by Sections 1414(g) of the Safe Drinking Water Act ("the Act"), 42 U.S.C. 300g-3(g). The Administrator delegated the authority to issue this Order to the Regional Administrator of EPA Region 6, who delegated such authority to the Director of the Compliance Assurance and Enforcement Division. FINDINGS l. Edwin L. Carlisle ("Respondent") is a "person," as defined by Section 1401(12) of the Act, 42 U.S.C. 300f(l2). 2. At all times relevant to the violations alleged herein ("relevant time period"), Respondent owned or operated Crafton Mobile !-lome Park Water System, a public water system ("PWS"), as defined by Section 1401(4) of the Act, 42 U.S.C. 300f(4), located in Chico, Wise County, Texas ("facility"), designated as PWS Identification Number TX2490088. 3. During the relevant time period, Respondent's PWS served as a "community water system," as defined by Section 1401 (15) of the Act, 42 U.S.C. 300f (15) and is subject to the requirements of the Act, 42 U.S.C. 300g-l, and its implementing regulations, 40 C.F.R. Pmt 141. 7. Pursuant to 40 C.F.R. 141.853-141.860, Respondent must collect routine total colifmm samples. 8. Respondent violated the monitoring requirements of 40 C.F.R. 141.860(c) by failing to collect routine coliform monitoring from April2016 through March 2017. 9. Pursuant to 40 C.F.R. 141.201 (a), each owner or operator of a PWS that has violates the National Primary Drinking Water Regulations, including 40 C.F.R. Pmt 141, issued in accordance with Section 1412 of the Act, 42 U.S.C. 300g-1, must give publie notice of the violation. 10. Respondent violated 40 C.F.R. 141.201(a) by failing to provide public notification from April2016 through July 2016. SECTION 1414(g) COMPLIANCE ORDER Based on these findings and pursuant to the authority of Section 1414(g) of the Act, 42 U.S.C. 300g-3(g), EPA orders that Respondent immediately take the following actions: A. Within thitty (30) days of receipt of this Order, Respondent shall collect routine total coliform samples and shall continue collecting samples as required pursuant to 40 C.F.R. 141.853-141.860. 4. During the relevant time period, Respondent's PWS was subject to the requirements of the Revised Total Coliform Rule ("RTCR") as set forth in 40 C.F.R. 141.851-141.861, which took effect on April!, 2016. 5. As a PWS and a "supplier of water," Crafton Mobile Home Park Water System serves approximately 25 people. 6. The Texas Commission on Environmental Quality ("TCEQ") administers the Public Water Supply Supervision Program in Texas pursuant to Section 1413 of the Act. TCEQ has not yet obtained primary enforcement responsibility for the RTCR; therefore, EPA has primary responsibility for enforcement of the RTCR. B. Within thitty (30) days of receipt of this Order, Respondent shall give public notice of the violations specified in paragraphs 8 and 10, above, in accordance with 40 C.F.R. 141.201(a). Respondent shall also provide a copy of all public notices to EPA and TCEQ within fmty (40) days of this Order. Based on these findings and pursuant to the authority of Section 1414(g) of the Act, 42 U.S.C. 300j-4, Respondent is required to do the following: C. Within thirty (30) days of receipt of this Order, Respondent shall submit an electronic status report to EPA indicating whether the total coliform samples have been taken and shall continue submitting an electronic status report to EPA on a monthly basis for six months until EPA informs Respondent that it no longer has to submit the electronic status report. Docket No. SDWA-06-20 18-1233 Page 2 D. The repmting required by this Order must be provided by This Order shall be binding on the PWS cited herein and Respondent to EPA at the following address: all its successors and assignees. No change in ownership of the PWS shall alter the responsibility of the PWS under this Mehdi Taheri Order. Water Resources Section (6EN-WR) EPA, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 Date 1 All electronic documentation submitted to EPA needs to be transmitted to Mr. Taheri at Taheri.mehdi@epa.gov. E. The reporting required by this Order must be provided Cheryl T. Seager by Respondent to TCEQ at the following addresses: Director Order Compliance Team Enforcement Division, MC 149A Compliance Assurance and Enforcement Division Texas Commission on Environmental Quality P.O. Box 13087 Austin, TX 78711-3087 and Drinking Water Special Functions Section Manager Water Supply Division, MC !55 Texas Commission on Environmental Quality P.O. Box 13087 Austin, TX 78711-3087 GENERAL PROVISIONS This Order is effective upon receipt by a representative of the water system. Respondent may seek federal judicial review of the Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 u.s.c. 701-706. . This Section 1414(g) Compliance Order does not constitute a waiver, suspension, or modification of the requirements of 40 C.F.R. Pa1t 141 or other applicable federal and state requirements, which remain in full force and effect. Issuance of this Section 1414(g) Compliance Order is not an election by EPA to forego any civil or any criminal action otherwise mithorized under the Act. Violation of any term of this Section 1414(g) Compliance Order may subject Respondent to an administrative civil penalty of up to $38,175.00 under Section 1414(g) of the Act, 42 U.S.C. 300g-3(g), or a civil penalty of not more than $54,787.00 per day per violation, assessed by an appropriate United States District Court under Section 1414(g)(3)(A) of the Act, 42 U.S.C. 300g-3(g)(3)(A).