Document 82489w0xwwQNRw9ardbz8aje

February 9, 2024 Charisse Soucie Burns Paiute Tribe 100 Pasigo St. Burns, OR 97720 Failure to Monitor or Report Nitrate and Failure to Submit Lead Consumer Notice and Certification, Burns Paiute, PWS ID 104101100 Dear Ms. Soucie: The Environmental Protection Agency (EPA) has not received nitrate sample results for the 1/1/2023 12/31/2023 compliance period, which constitutes a violation of the National Primary Drinking Water Regulations [40 CFR 141.23(a)]. Burns Paiute is required to collect one nitrate sample every year. Results must be reported to the EPA by the tenth (10th) of the month following the sampling period [40 CFR 141.31(a)]. Timely testing for nitrate is essential because nitrate poses short-term health risks to infants at elevated levels. To return to compliance Burns Paiute must either: 1. If samples were already collected, submit results to R10TribalDW@epa.gov as soon as possible. -OR2. Collect nitrate samples from sample site WS-13 as soon as possible and submit results to R10TribalDW@epa.gov. Additionally, Burns Paiute must: 1. Distribute Tier 3 Public Notification (PN) within 1 year of receiving this letter [40 CFR 141.204(b)]. -AND2. Submit a copy of the PN that was distributed and the completed PN Certification Form to R10TribalDW@epa.gov within 10 days after issuing the notice [40 CFR 141.31(d)(1)]. A Public Notification template, instructions, and certification are enclosed to assist with completing the requirements. For community water systems only, the annual Consumer Confidence Report (CCR) may be used as a vehicle for the initial Tier 3 public notice, and all required repeat notices, instead of individual Tier 3 public notices, under 40 CFR 141.204(b)(2). Additionally, the Environmental Protection Agency has not received a certification that Burns Paiute provided consumer notices of individual lead tap results to its customers by 12/30/2023 for the 6/1/2023 - 9/30/2023 compliance period, which constitutes a violation of the National Primary Drinking Water Regulations [40 CFR 141.90(f)(3)]. All water systems that sample for lead and copper must provide a consumer notice of individual lead tap results to each location where samples were taken within 30 days of receiving results [40 CFR 141.85(d)]. One example copy of a consumer notice that was distributed, along with a certification that the consumer notices contained all required information must be submitted to EPA within 90 days following the end of the compliance period [40 CFR 141.90(f)(3)]. To return to compliance Burns Paiute must either: 1. If lead consumer notices were already delivered to customers, submit one example copy along with the certification form to R10TribalDW@epa.gov as soon as possible. -OR- 2. Distribute consumer notices of individual lead tap results to customers and submit one example copy along with the certification form to R10TribalDW@epa.gov as soon as possible. This letter serves as initial notification of non-compliance under the Safe Drinking Water Act for the regulation and time period cited. EPA supports compliance assistance and encourages early action to return to compliance. Issues not addressed in a timely manner may be referred to enforcement. Prior to an enforcement action for the cited violation(s), EPA Region 10 will offer government-togovernment consultation, in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes. Please contact R10TribalDW@epa.gov with questions. Sincerely, DEREK Digitally signed by DEREK SCHRUHL SCHRUHL Date: 2024.02.09 18:15:41 -08'00' For Karen Burgess Manager Groundwater and Drinking Water Section cc: Jason Fenton, Burns Paiute Tribe Jason Davis, Indian Health Service 2