Document M4Bz8DJR1XJyrwE0mbQn08VJa

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 155 Seattle, WA 98101 November 9, 2022 WATER DIVISION CERTIFIED MAIL-RETURN RECEIPT REQUESTED Mr. Albert G. Smith Mayor Metlakatla Indian Community P.O. Box 8 Metlakatla, AK 99926 Re: Failure to Correct Significant Deficiencies at Metlakatla Indian Community, Community Water System, 100211202 Dear Mayor Smith: The purpose of this letter is to inform you that the Metlakatla Community Water System Public Water System (the System) is currently in violation of the National Primary Drinking Water Regulations, specifically for failure to correct significant deficiencies (40 CFR Part 141). Bill Davis and Jennifer Bunton from Process Applications Inc., on behalf of the U.S. Environmental Protection Agency (EPA), conducted a sanitary survey on 10/5/2021. The EPA notified the Metlakatla Community Water System of significant deficiencies on 2/3/2022. On 05/23/2022 the EPA approved Metlakatla Community Water System's proposed corrective action plan (CAP). Accordingly, the owner and/or manager of the System had until the dates listed on the CAP to address the significant deficiencies or submit a new CAP to the EPA for approval specifying a new date when the significant deficiencies would be addressed. Therefore, Metlakatla Community Water System Public Water System (the System) is currently in violation of the National Primary Drinking Water Regulations under 40 CFR Part 141.In order for the Metlakatla Community Water System to return to compliance, significant deficiencies must be corrected or placed on an approved schedule. As a result of the violation, the Metlakatla Community Water System, as a Community Water System, must notify its customers of this violation within 30 days of receiving this letter and every three months afterwards until the deficiencies have been corrected. A Public Notice template, instructions, and certification are enclosed to assist you. You are also required to send a copy of the Public Notice, certification that it was issued, and an action plan to address these outstanding deficiencies to R10TribalDW@epa.gov. In addition to the Public Notice requirements, the water system must inform its customers of any significant deficiency that is uncorrected at the time of the next consumer confidence report. The System must continue to inform the public annually until the EPA determines that the particular significant deficiency is corrected. 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. If you have any questions, please contact Sam Perry at R10TribalDW@epa.gov or (206) 553-6253. We appreciate your efforts to protect the health of your customers. Sincerely, KAREN BURGESS Digitally signed by KAREN BURGESS Date: 2022.11.09 18:03:16 -08'00' Karen Burgess, Manager Groundwater and Drinking Water Section Enclosures: Public Notice materials, NOV Tracker cc: Mr. Rick Anderson Utility Director, Metlakatla Indian Community Mr. Jerry Johnson, Water Operator, Metlakatla Indian Community Ms. Jennifer Bunton, Environmental Engineer, Process Applications Inc. Mr. Bill Davis, Environmental Engineer, Process Applications Inc. Dr. Ricardi Duvil, Environmental Engineer, USEPA Region 10 Water Division Ms. Danielle Russell, Technical Assistance Provider, Rural Community Assistance Corporation 2 Instructions for Surface Water Treatment Rule Failure to Take Corrective Action Within Required Time Frame Public Notice Template on Reverse A system's failure to take corrective action within the required timeframe to be in compliance with an EPA-approved corrective action plan or significant deficiency under the Surface Water Treatment Rule is a treatment technique violation and requires Tier 2 notification. You must provide public notice to persons served as soon as practical but within 30 days after you learn of the violation [40 CFR 141.203(b)]. You must issue a repeat notice every three months for as long as the violation persists. Community systems must use one of the following methods [40 CFR 141.203(c)]: Hand or direct delivery Mail, as a separate notice or included with the bill Noncommunity systems must use one of the following methods [40 CFR 141.203(c)]: Posting in conspicuous locations Hand delivery Mail 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 mail, post, or hand deliver, print your notice on your system's letterhead if available. The notice on the reverse is appropriate for mailing, posting, or hand delivery. If you modify this 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, which must be included as written (with blanks filled in), is presented in italics in each notice with an asterisk on either end. You must also include the following italicized language in all notices, where applicable [40 CFR 141.205(d)]. Use of this language does not relieve you of your obligation to take steps reasonably calculated to notify all persons served: 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. Corrective Action In your notice, describe corrective actions you are taking. Listed below are some steps commonly taken by water systems with SWTR treatment technique violations. Depending on the corrective action you are taking, you can use one or more of the following statements, if appropriate, or develop your own text: Although we did not meet our deadline, we are now in consultation with EPA to develop a corrective action plan. The [source of contamination/significant deficiency] has been identified and addressed. We have implemented a short-term plan to address the immediate issue while we pursue the long-term solution. Repeat Notices For repeat notices, you should state how long the violation has been ongoing and remind consumers of when you sent out any previous notices. If you are making progress with correcting the significant deficiency or addressing the fecal indicator-positive source sample, describe it. Alternatively, if funding or other issues are delaying corrective action, let consumers know. 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 public notification requirements within ten days after issuing the notice [40 CFR 141.31(d)]. Surface Water Treatment Rule Failure to Take Corrective Action Within Required Time Frame Public Notice IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER [System] Failed to Correct a Significant Deficiency Within Required Time Frame. Our water system recently violated a drinking water requirement. Although this incident was not an emergency, as our customers, you have a right to know what happened and what we did (are doing) to correct this situation. A routine inspection conducted on [give date] on behalf of the US Environmental Protection Agency (EPA) found [describe significant deficiencies in our water system] As required by EPA's Surface Water Treatment Rule, we were required to take action to [correct these deficiencies]. However, we failed to take this action by the deadline established by EPA. What should I do? There is nothing you need to do. You do not need to boil your water or take other corrective actions. However, if you have specific health concerns, consult your doctor. If you have a severely compromised immune system, have an infant, are pregnant, or are elderly, you may be at increased risk and should seek advice from your health care providers about drinking this water. General guidelines on ways to lessen the risk of infection by microbes are available from EPA's Safe Drinking Water Hotline at 1-800-426-4791. What does this mean? This is not an emergency. If it had been, you would have been notified within 24 hours. *Inadequately treated or inadequately protected water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.* These symptoms, however, are not caused only by organisms in drinking water, but also by other factors. If you experience any of these symptoms and they persist, you may want to seek medical advice. What is being done? [Describe corrective action.] We anticipate resolving the problem within [estimated time frame] (or the problem was resolved on [give date]). 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 [system]. Water System ID#: ___________. Date distributed: ______. Public Notification Certification After you provide public notification to your consumers, you must, within 10 days, send EPA: 1. A representative copy of each type of notice you distribute (e.g., newspaper article, press release to TV/radio, mail notices, email notices, social media posts) and 2. A certification that you have met all the public notification requirements (40 CFR 141.31(d)). You must complete a certification for initial notification and when necessary, any repeat notifications. When you certify, you are also stating that you will meet requirements for notifying new customers or units of the ongoing violation or situation. A sample certification with appropriate language is provided below. You may use this certification or a different format for your certification provided that all of the information below is included. Email the public notice(s) and signed certification to: R10TribalDW@epa.gov PWS Name: ______________________________________ PWS ID #: _______________________________________ For Violation: ____________________________________ Occurring on: _____________ I, ________________, hereby affirm that the public water system indicated above has provided consumers with public notice in accordance with the delivery, content, and format requirements and deadlines in the National Primary Drinking Water Regulation (40 CFR Part 141). Consultation with EPA (if required) on ____________. Notice distributed by _______________________ on __________ . Notice distributed by _______________________ on __________ . Content - required elements. ___________________________________ Signature ___________________ Date Proposed Corrective Action Plan EPA Region 10 Tribal Public Water System Supervision Program All public water systems are required to undergo sanitary surveys. Public water systems using groundwater must consult about required corrective actions within 30 days of being notified of a significant deficiency and must complete corrective actions or be in compliance with an approved Corrective Action Plan within 120 days of receiving notice of significant deficiencies (40 CFR 141.403 (a)). A proposed corrective action plan must provide a written description of how and on what schedule/when the following significant deficiencies will be/were addressed. Please fill in the table below and submit this proposed corrective action plan within 45 days to Sam Perry at R10TribalDW@EPA.GOV. Please submit photos, receipts, or other items documenting corrections that have already been made (reference documentation with written statement in column B). PWSID: 100211202 System Name: Metlakatla Community Water System Primary Source: Surface Water Sanitary Survey Date: 10/5/2021 Surveyor: Bill Davis and Jennifer Bunton Notice of Deficiency Date: 2/3/2022 Corrective Action Plan Due Date: 3/20/2022 Deficiency Surface Water Treatment - A chemical solution tank is not covered. Schedule to Address Deficiency Milestone/Corrective Action Description Scheduled Date Send photograph of completed fix. Accomplishments (date completed) As part of the WTP upgrades, plan to include RPBA or Surface Water Treatment - There are cross- similar testable backflow assembly on the treated connections with the chemical feed water supply to the chemical feed systems. In the systems. interim, plan to purchase atmospheric vacuum breakers to install on any hose bibbs used for chemical supply make-up water. Surface Water Treatment - Chemical feed pumps are not routinely calibrated. Please plan to collect pump settings, daily drawdown, and daily water production volume for 6 months to develop understanding of chemical feed rates versus pump settings and share information with people at EPA and technical assistance providers. Surface Water Treatment - Basic laboratory equipment and glassware are unavailable, so jar test and other process control procedures cannot be conducted. Finished Water Storage - The overflow for the Old Tank (ST-01) does not terminate Install 24-inch mesh screen, take photos once the with proper mesh screen or a sealed screen is secured in place and send to EPA. duckbill valve. Finished Water Storage - The air/roof vent Install 24-inch mesh screen, take photos once the for the Old Tank (ST-01) does not have a screen is secured in place and send to EPA. 24-mesh screen in place. Finished Water Storage - The hatch on the Install gasket, take photos once the gasket is secured Old Tank (ST-01) is not tightly sealed and in place and send to EPA. does not include a gasket. Deficiency Schedule to Address Deficiency Milestone/Corrective Action Description Scheduled Date Accomplishments (date completed) Finished Water Storage - The tank interior Please send project information (Dennis Wagner of the Old Tank (ST-01) is not in good (EPA - Alaska) and ADEC Village Safe Water staff) and condition and shows signs of corrosion. estimated completion date. Finished Water Storage - There are openings in the roof and where the sidewall meets the roof of the New Tank (ST-03). Finished Water Storage - The overflow for the New Tank (ST-03) does not terminate with proper mesh screen or a sealed duckbill valve. Install 24-inch mesh screen, take photos once the screen is secured in place and send to EPA. Install a sealed duckbill valve or 24-inch noncorrodible mesh screen instead and send a picture to EPA. Finished Water Storage - The hatch on the New Tank (ST-03) is not tightly sealed and Install gasket, take photos once the gasket is secured does not include a gasket. Install a gasket in place and send to EPA. on the hatch and send photos to EPA upon completion. Finished Water Storage - The air/roof vent for the Raven Tank (ST-05) does not have a Install 24-inch mesh screen, take photos once the 24-mesh screen in place and has gaps in screen is secured in place and send to EPA. the screen. Install proper screening and send photos to EPA upon completion. Finished Water Storage - The hatch on the Install gasket, take photos once the gasket is secured Raven Tank (ST-05) does not have a in place and send to EPA. gasket. Finished Water Storage - It is unclear if the Install 24-inch mesh screen, take photos once the overflow for the Raven Tank (ST-05) is screen is secured in place and send to EPA. properly screened. Finished Water Storage - An air relief valve on the transmission line to the storage tanks (ST-01 and ST-03) is not properly screened. Install proper screening and Install 24-inch mesh screen, take photos once the screen is secured in place and send to EPA. send photos to EPA upon completion. Distribution System - There is no detectable residual at the farthest point in distribution system. Operations & Management - The Water System does not have a Cross-Connection Control Program; send program plan to the EPA upon completion. Locate existing Cross-Connection Control Program and please and to EPA. If it cannot be located, will work with Danielle Russell from RCAC to develop a Cross Connection Control Program Plan and send to EPA. Operations & Management - The water system does not have an operator certified at the appropriate level. 2 of 3 Deficiency Public Notice - Tier 2 Public Notice must be distributed to water system customers. Public Notice (PN) - A copy of the distributed PN and EPA's PN certification form must be submitted to EPA. Schedule to Address Deficiency Milestone/Corrective Action Description Scheduled Date 12/04/22 Accomplishments (date completed) 12/04/22 List any additional attachments included with this plan: I understand that failing to meet an EPA approved Deficiency Corrective Action Plan may constitute a violation of the Safe Drinking Name (print) address email Signature (unless submitted electronically) Date EPA Use Only approved by (print) Environmental Engineer Date closed date 3 of 3