Document ByD1DLqkkKE9yGBerJa4RgKew

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 155 Seattle, WA 98101 WATER DIVISION November 6, 2023 Ms. Charisse Soucie Burns Paiute Tribe 100 Pasigo St. Burns, OR 97720 Re: Violation for Failure to Monitor and Report TTHM/HAA5 Burns Paiute, PWS ID 104101100 Dear Ms. Soucie: The EPA did not receive sample results for TTHM and HAA5 for 1/1/2023 - 12/31/2023 as required under the Stage 2 Disinfection Byproducts Rule (DBPR), according to 40 CFR 141.621-623. As a result, Burns Paiute is in violation of the National Primary Drinking Water Standards. Burns Paiute is currently scheduled to take 1 sample every year at the Tribal Council Building (LS-14). Results must be reported to the EPA by the tenth of the month following the sampling period. For example, sample(s) for a July 1st to August 31st sampling period must be received by September 10th. To return to compliance you must either: Submit TTHM and HAA5 sample results from 7/1/2023 to 8/31/2023 -OR- Collect TTHM and HAA5 samples at the above sample sites during the next period specified on your sample schedule and submit the results to the EPA. Additionally, in accordance with the Public Notification of Drinking Water Violation Rule 40 CFR 141.204(b) Burns Paiute must distribute Tier 3 Public Notification (PN) within 1 year of receiving this letter. A Public Notification template, instructions, and certification are enclosed to assist you with completing the requirements. You must also submit to EPA a copy of the PN that was distributed and the completed Public Notification Certification Form within 10 days after you distribute the notice. For community water systems, 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). If your Public Water System is currently on a reduced monitoring schedule, you will be put back on the standard monitoring frequency. You may be eligible to resume a reduced monitoring schedule when the violation is returned compliance after completing the missed monitoring requirement. 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-to-government consultation, in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes. Please contact the Groundwater and Drinking Water Section at (206) 553-6253 or R10TribalDW@epa.gov if you have questions. Enclosures: Public Notification Materials cc: Jason Davis, Indian Health Service Sincerely, KAREN Digitally signed by KAREN BURGESS BURGESS Date: 2023.11.06 13:41:48 -08'00' Karen Burgess, Manager Groundwater and Drinking Water Section 2 Instructions for Monitoring Violations Annual - Template 3-1A Template on Reverse If you are required to provide Tier 3 notification, you must provide public notice to persons served within one year after you learn of the violation [40 CFR 141.204(b)]. Multiple monitoring violations can be serious, and your state may have more stringent requirements. Check with your state to make sure you meet its requirements. CWSs must use one of the following methods [40 CFR 141.204(c)(1)]: Hand or direct delivery Mail, as a separate notice or included with the bill Another method approved in writing by the state NCWSs must use one of the following methods [40 CFR 141.204(c)(2)]: Posting in conspicuous locations Hand delivery Mail Another method approved in writing by the state In addition, both CWSs and NCWSs must use another method reasonably calculated to reach others if they would not be reached by the first method [40 CFR 141.203(c)]. Such methods could include newspapers, e-mail, or delivery to community organizations. If you post the notice, it must remain posted until the violation is resolved. If the violation has already been resolved, you must post the notice for at least seven days [40 CFR 141.204(b)]. If you mail, post, or hand deliver, print your notice on your system's letterhead, if available. The notice on the reverse is appropriate for insertion in an annual notice or the Consumer Confidence Report (CCR) (CWSs only), as long as public notification timing and delivery requirements are met [40 CFR 141.204(d)]. You may need to modify the template for a notice for individual monitoring violations. This example presents violations in a table; however, you may write out an explanation for each violation if you wish. For any monitoring violation for volatile organic compounds (VOCs) or other groups, you may list the group name in the table, but you must provide the name of every chemical in the group on the notice, e.g., in a footnote. You may need to modify the notice if you had any monitoring violations for which monitoring later showed a maximum contaminant level (MCL) or other violation. In such cases, you should refer to the public notice you issued at that time. If you do modify the notice, you must still include all required public notice elements from 40 CFR 141.205(a)and leave the mandatory language unchanged (see below). Mandatory Language Mandatory language on health effects (from Appendix B to 40 CFR 141 Subpart Q) must be included as written and is presented in this notice in italics with an asterisk on either end. You will need to update the information presented in brackets with the appropriate information. You must also include standard language to encourage the distribution of the public notice to all persons served, where applicable [40 CFR 141.205(d)]. This language is also presented in this notice in italics with an asterisk on either end. Corrective Action In your notice, describe corrective actions you took, or are taking. Listed below are some steps commonly taken by water systems with monitoring violations. You can use the following language, if appropriate, or develop your own: We have since taken the required samples, as described in the last column of the table above. The samples showed we are meeting drinking water standards. We have since taken the required samples, as described in the last column of the table above. The sample for [contaminant] exceeded the limit. [Describe corrective action; use information from public notice prepared for violating the limit.] We plan to take the required samples soon, as described in the last column of the table above. After Issuing the Notice Make sure to send a copy of each type of notice and a certification that you have met all the public notification requirements to your state within 10 days after the original or any repeat notice(s) [40 CFR 141.31(d)]. Monitoring Violations Annual Notice IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER Monitoring Requirements Not Met for Burns Paiute Our water system violated drinking water requirements over the past year. Even though these were not emergencies, as our customers, you have a right to know what happened and what we are doing (did) to correct these situations. *We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not our drinking water meets health standards. During [compliance period] we [`did not monitor or test' or `did not complete all monitoring or testing'] for [contaminant(s)] and therefore cannot be sure of the quality of your drinking water during that time.* What should I do? There is nothing you need to do at this time. The table below lists the contaminant(s) we did not properly test for during the last year, how often we are supposed to sample for [this contaminant/these contaminants], how many samples we are supposed to take, how many samples we took, when samples should have been taken, and the date on which follow-up samples were (or will be) taken. Contaminant Required sampling Number of samples frequency taken When samples should have been taken When samples were taken VOCs (example) 1 sample every 0 three years 2009-2011 February 2012 What is being done? [Describe corrective action.] For more information, please contact [name of contact] at [phone number] or [mailing address]. *Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail.* This notice is being sent to you by Pws_Name. State Water System ID#: PWS_ID. Date distributed: ______. 4 Public Notification Certification Form The water system must complete this section. The signature below certifies that the notice contains all required elements. Complete the section which corresponds to your water system type. Community Water Systems: I mailed/delivered Public Notices to the water users within 1 year of receiving EPA's Notice of Violation for failure to monitor and/or report total coliform and disinfectant residual under the Revised Total Coliform Rule. Provide information of another method used to reach others if they would not be reached by the first method. Such methods could include posting in public places or internet, newspapers, email, delivery to community organizations, etc. Other Method:____________________________________________________________________ Non-Community Water Systems: Notice posted at _____________________ on ____ / ____ / _____ within 1 year of receiving EPA's Notice of Violation for failure to monitor and/or report total coliform and disinfectant residual under the Revised Total Coliform Rule. Provide information of another method used to reach others if they would not be reached by the first method. Such methods could include posting on the internet, newspapers, email, delivery to community organizations, etc. Other Method:____________________________________________________________________ Water System Name: Pws_Name PWS ID#: PWS_ID _____________________________________________ Signature ________________ Date Email a copy of the completed notice and this certification form to: R10TribalDW@epa.gov 5