Document EwmJ5LYXnkzLVo0E6rXmb0Y0

September 27, 2024 Mr. Nate Williams Upper Skagit Indian Tribe 25944 Community Plaza Way Sedro-Woolley, WA 98284 Failure to Monitor or Report Lead and Copper, Upper Skagit, PWS ID 105300048 Dear Mr. Williams: The U.S. Environmental Protection Agency has not received adequate lead and copper sample results for the 1/1/2024 - 6/30/2024 compliance period, which constitutes a violation of the National Primary Drinking Water Regulations [40 CFR 141.86(c)]. Upper Skagit is required to collect 10 lead and copper samples every 6 months at EPA-approved distribution sites. Results must be reported to the EPA by the tenth (10th) of the month following the sampling period [40 CFR 141.90(a)(1)]. To return to compliance Upper Skagit must either: 1. If adequate samples were already collected, submit results to R10TribalDW@epa.gov as soon as possible. -OR2. Collect lead and copper samples from the sites listed in your Water Quality Monitoring Program (WQMP) during the next compliance period (7/1/2024 - 12/31/2024) and submit results to R10TribalDW@epa.gov. Additionally, Upper Skagit 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). 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. A list of all violations and their status can be viewed at any time by visiting Drinking Water Watch: https://sdwisdww.epa.gov/DWWR10/. Please contact R10TribalDW@epa.gov with questions. Sincerely, CHRISTOPH CHRISTOPHER AFFELDT Digitally signed by ER AFFELDT -07'00' Date: 2024.09.27 14:45:07 Chris Affeldt Acting Manager Groundwater and Drinking Water Section cc: Ryan Wynn, Water & Wastewater Services Mike Petersen, Water & Wastewater Services Sandy Redsteer, Indian Health Service 2 Instructions for Monitoring Violations Annual Notice 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 primacy agency may have more stringent requirements. Check with your primacy agency to make sure you meet its requirements. Community systems must use one of the following [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 EPA Noncommunity systems must use one of the following [40 CFR 141.204(c)(2)]: Posting in conspicuous locations Hand delivery Mail Another method approved in writing by the EPA In addition, both community and noncommunity systems 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 following notice is appropriate for insertion in an annual notice or the Consumer Confidence Report (CCR) (for community water systems 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 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 PN 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 (with blanks filled in) and is presented in this notice in italics and with an asterisk on either end. 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 and 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 your primacy agency a copy of each type of notice and a certification that you have met all the public notice requirements within ten (10) days after issuing the notice [40 CFR 141.31(d)]. IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER Monitoring Requirements Not Met Public Water System: ____________________________ Date distributed: _____________ 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 complete all monitoring or testing ______ did not report monitoring or testing on time 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, 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 When samples should When samples were frequency taken have been taken taken What is being/was done? We took the required number of samples on ____ / ____ / _____. -ORWe will take the required number of samples on ____ / ____ / _____. *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.* Contact Person: ________________________ Phone: __________________ EPA Region 10 Tier 3 Public Notification Certification Form Public Water Systems must provide initial Tier 3 public notice no later than one year after EPA's Notice of Violation Letter. You must repeat Tier 3 public notices annually until the violation has returned to compliance. Complete the section which corresponds to your water system type. Community Water Systems: Public notice mailed or directly delivered to all consumers receiving water within the form, manner and frequency required in 40 CFR 141.204. Provide information of another method used to reach others regularly served if they would not normally be reached by the method above. Such methods could include posting in public places or internet, newspapers, email, social media, delivery to community organizations, etc. Describe alternate method: _____________________________________________________________ Non-Community Water Systems: Public notice posted at _______________________________________ within the form, manner and frequency required in 40 CFR 141.204. Provide information of another method used to reach others served if they would not normally be reached by the method above. Such methods could include mail, posting on the internet, newspapers, email, social media, delivery to community organizations, etc. Describe alternate method: _____________________________________________________________ I hereby affirm that public notice has been provided to consumers in accordance with the delivery, content, format, and deadlines required in 40 CFR Part 141 Subpart Q. __________________________________________________________ Water System Name ______________________ PWS ID# _____________________________________________________ Signature ____________________ Date Email a copy of the public notice and this certification form within 10 days of completing initial public notice or any repeat public notice to: R10TribalDW@epa.gov