Document NE72E5oQNOw8DM1wN543qQ9Vw

REGION 10 SEATTLE, WA 98101 RETURN RECEIPT REQUESTED The Honorable Albert Smith Mayor Metlakatla Indian Community P.O. Box 8 Metlakatla, Alaska 99926 Re: Notice Letter, Request for Assistance, and Opportunity to Consult regarding Non-Compliance at the Metlakatla Public Water System PWS ID # 100211202 Dear Mayor Smith: The U.S. Environmental Protection Agency (EPA) has identified one or more violations of the Safe Drinking Water Act (SDWA) at the Metlakatla Public Drinking Water System, located on Walden Point Road in Metlakatla, Alaska ("System"). The System is located within the exterior boundaries of the Metlakatla Indian Community Reservation. It is EPA's understanding that the System is a Tribal enterprise that is owned and/or operated by the Metlakatla Indian Community ("Tribe"). If you have information to the contrary, please notify EPA immediately. The purpose of this letter is to: (1) inform the Tribe of the System's noncompliance with SDWA; (2) provide information regarding EPA's efforts to facilitate compliance at the System and the potential for federal enforcement to address the noncompliance; (3) respectfully request your leadership's assistance in taking steps to rectify the violations quickly and communicate with EPA, so that we can work together to ensure safe drinking water is provided to the consumers of the System; and (4) offer the opportunity to engage in government-to-government consultation with the Tribe regarding the System's noncompliance with SDWA. SDWA Violations at the System and EPA's Compliance Assistance Efforts EPA tracks the compliance status of all public water systems in the United States subject to SDWA and has primary enforcement authority over public water systems on the Metlakatla Indian Community Reservation. Our records, as of April 23, 2024, show that the System is in violation of National Primary Drinking Water Regulations. Specifically, violations include the failure to correct significant deficiencies in a timely manner. The System's operators have been notified of the violations and the steps needed to return to compliance. EPA communicates with the operators of the System by phone, email and letter to address specific compliance issues at the System. EPA and one of its technical assistance providers, the Rural Community Assistance Corporation (RCAC), have also conducted site visits at the System. It is important for the Tribe, as the System's owner, to also be aware of the violations and to ensure that the System returns to compliance as soon as possible and maintains compliance thereafter. The EPA has provided the System significant prior compliance assistance to address the violations, as described in the following enclosures: 1. Notice of Violation, provided in Enclosure 1, describes the specific violations of the National Primary Drinking Water Regulations, steps to return the open violations to compliance and the EPA Rule Manager's contact information for any questions; 2. A Violation History Table, provided in Enclosure 2, shows aggregate open and closed violations over the last five years and the date the violations returned to compliance; and 3. A Compliance Assistance History, provided in Enclosure 3, describes EPA's efforts to assist the operator in achieving compliance. Necessary Compliance Actions Because the System remains in noncompliance despite EPA's prior compliance assistance, EPA respectfully requests the Tribe's engagement to ensure the System implements the following necessary compliance actions to avoid formal enforcement. 1. As soon as possible, but no later than 30 days after receipt of this letter, the Tribe must resolve the four outstanding significant deficiencies identified during the October 5, 2021, sanitary survey by completing the corrective actions listed below and submit sufficient evidence to EPA, including photographs when applicable, clearly documenting each correction. a. Finished water storage tank ST-01: The tank interior of the Old Tank (ST-01) is not in good condition and shows signs of corrosion. Submit to EPA confirmation that the tank has been cleaned and inspected and any concerns resulting from the inspection have been addressed. b. Cross-connection control program: Submit to EPA a written cross-connection control program that includes, at a minimum, 1) a description of backflow devices in place with a testing schedule; and 2) identification of potential cross-connection threats and a description of prevention controls in place. c. Cross-connections with chemical feed systems: As an interim measure, install atmospheric vacuum breakers on any hose bibs used for chemical supply make-up water. As part of the water treatment plant upgrades, install backflow prevention devices at all required locations and submit to EPA the product information of the devices installed, photographs of the installed devices and evidence that the devices were properly tested. d. Certified water operator: Submit to EPA documentation that the System's water operator is properly certified, to the required level, by the state of Alaska. 2 Potential for Enforcement to Address Noncompliance Pursuant to SDWA, EPA may take an enforcement action when public water systems are out of compliance. An enforcement action may include an order requiring compliance or the assessment of civil penalties in an amount up to $69,733 per day of violation. While the EPA prefers to resolve noncompliance involving tribal public water systems before such formal enforcement is necessary, it is imperative that the Tribe adhere to the necessary compliance actions and deadlines set forth in the above section and incur no additional violations to avoid formal enforcement and to protect public health. If the Tribe is unable to complete the required actions listed above within 30 days, EPA will seek to enter into an Administrative Order on Consent with the Tribe that sets forth an appropriate schedule to comply. EPA will notify you after the deadline established above regarding whether the System has successfully returned to compliance with SDWA or whether EPA plans to initiate an enforcement action ordering compliance to address continued noncompliance. Opportunity to Consult and Provide Additional Information The EPA strongly encourages the Tribe to review this letter and the enclosed information to ensure the System returns to compliance. If there is any additional information that you can provide to EPA that demonstrates the System's compliance with SDWA please provide that information to my staff using the contact information listed below, with a copy to R10TribalDW@epa.gov. The EPA requests that you provide such information to EPA and include the respective System PWS identification number, which is included in the top of this letter, on all relevant correspondence. If the Metlakatla Tribal government wishes to engage in government-to-government consultation on this matter, please respond no later than June 5, 2024 and request consultation. In your response, please designate a tribal contact with which my staff will work to make the appropriate arrangements and include any policies or procedures that the Tribe has regarding consultation with the EPA. If you do not wish to engage in formal government-to-government consultation and wish to engage in less formal coordination to resolve the matter, please direct your staff to contact Stephen Fitzner, of my staff, whose contact information is provided below. Our efforts to work cooperatively with you and the operators to resolve noncompliance are undertaken consistent with the EPA "Enforcement Response Policy under the Safe Drinking Water Act" ("Enforcement Response Policy") and the EPA "Guidance on the Enforcement Principles Outlined in the 1984 Indian Policy," which implements the EPA "Policy on Consultation and Coordination with Indian Tribes." These documents are available at: https://www.epa.gov/enforcement/enforcementresponse-policy-public-water-system-supervision-pwss-program-under-safe and https://www.epa.gov/enforcement/transmittal-final-guidance-enforcement-principles-outlined-1984indian-policy-january-17. Our goal is to assure that the System consistently produces safe water for the consumers it serves. Please do not hesitate to contact me at (206) 553-6695 if you have questions. Your staff may also contact Stephen Fitzner, of my staff, at (208) 378-5764 or fitzner.stephen@epa.gov. If you are represented by legal counsel, please have your counsel contact Melanie Shepherdson, Assistant 3 Regional Counsel, at shepherdson.melanie@epa.gov or (206) 553-0310. The EPA appreciates your partnership in protecting public health and the environment in Indian country. Sincerely, EDWARD KOWALSKI Digitally signed by EDWARD KOWALSKI Date: 2024.05.02 12:06:26 -07'00' Edward J. Kowalski Director Enforcement and Compliance Assurance Division cc: Rick Anderson Utility Director, Metlakatla Indian Community Kelly Bolton Metlakatla Public Works 4 Violation Report Report Date: 04/23/2024 01:02:27 Report Filters: Submission Year is 2024 and Quarter is 1 and PWS ID is 100211202 and Activity Status is A PWS ID = '100211202' PWS ID 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 100211202 PWS Name METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA METLAKATLA Rule Name Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Stage 2 Disinfectants and Disinfection Byproducts Rule Public Notice Rule and Revised PN Rule Stage 2 Disinfectants and Disinfection Byproducts Rule Stage 2 Disinfectants and Disinfection Byproducts Rule Public Notice Rule and Revised PN Rule Public Notice Rule and Revised PN Rule Public Notice Rule and Revised PN Rule Public Notice Rule and Revised PN Rule Public Notice Rule and Revised PN Rule Public Notice Rule and Revised PN Rule Public Notice Rule and Revised PN Rule Public Notice Rule and Revised PN Rule Public Notice Rule and Revised PN Rule Public Notice Rule and Revised PN Rule Public Notice Rule and Revised PN Rule Public Notice Rule and Revised PN Rule Public Notice Rule and Revised PN Rule Public Notice Rule and Revised PN Rule Public Notice Rule and Revised PN Rule Long Term 2 Enhanced Surface Water Treatment Rule Consumer Confidence Rule Stage 2 Disinfectants and Disinfection Byproducts Rule Public Notice Rule and Revised PN Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Consumer Confidence Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Consumer Confidence Rule Consumer Confidence Rule Synthetic Organic Chemicals Stage 2 Disinfectants and Disinfection Byproducts Rule Stage 2 Disinfectants and Disinfection Byproducts Rule Stage 2 Disinfectants and Disinfection Byproducts Rule Stage 2 Disinfectants and Disinfection Byproducts Rule Revised Total Coliform Rule Volatile Organic Chemicals Volatile Organic Chemicals Volatile Organic Chemicals Volatile Organic Chemicals Volatile Organic Chemicals Volatile Organic Chemicals Volatile Organic Chemicals Volatile Organic Chemicals Volatile Organic Chemicals Volatile Organic Chemicals Volatile Organic Chemicals Volatile Organic Chemicals Volatile Organic Chemicals Volatile Organic Chemicals Volatile Organic Chemicals Volatile Organic Chemicals Volatile Organic Chemicals Volatile Organic Chemicals Violation Type Failure To Address Deficiency Failure To Address Deficiency Failure To Address Deficiency Failure To Address Deficiency Maximum Contaminant Level Violation, Average Public Notification Violation for NPDWR Violation Maximum Contaminant Level Violation, Average Maximum Contaminant Level Violation, Average Public Notification Violation for NPDWR Violation Public Notification Violation for NPDWR Violation Public Notification Violation for NPDWR Violation Public Notification Violation for NPDWR Violation Public Notification Violation for NPDWR Violation Public Notification Violation for NPDWR Violation Public Notification Violation for NPDWR Violation Public Notification Violation for NPDWR Violation Public Notification Violation for NPDWR Violation Public Notification Violation for NPDWR Violation Public Notification Violation for NPDWR Violation Public Notification Violation for NPDWR Violation Public Notification Violation for NPDWR Violation Public Notification Violation for NPDWR Violation Public Notification Violation for NPDWR Violation Failure To Address Deficiency Consumer Confidence Report Inadequate Reporting Maximum Contaminant Level Violation, Average Public Notification Violation for NPDWR Violation Failure To Address Deficiency Failure To Address Deficiency Consumer Confidence Report Complete Failure to Report Failure To Address Deficiency Failure To Address Deficiency Failure To Address Deficiency Failure To Address Deficiency Failure To Address Deficiency Failure To Address Deficiency Failure To Address Deficiency Failure To Address Deficiency Failure To Address Deficiency Failure To Address Deficiency Failure To Address Deficiency Consumer Confidence Report Inadequate Reporting Consumer Confidence Report Complete Failure to Report Monitoring, Regular Maximum Contaminant Level Violation, Average Maximum Contaminant Level Violation, Average Maximum Contaminant Level Violation, Average Maximum Contaminant Level Violation, Average Monitoring, Routine (RTCR) Monitoring, Regular Monitoring, Regular Monitoring, Regular Monitoring, Regular Monitoring, Regular Monitoring, Regular Monitoring, Regular Monitoring, Regular Monitoring, Regular Monitoring, Regular Monitoring, Regular Monitoring, Regular Monitoring, Regular Monitoring, Regular Monitoring, Regular Monitoring, Regular Monitoring, Regular Monitoring, Regular Violation Category TT TT TT TT MCL Other MCL MCL Other Other Other Other Other Other Other Other Other Other Other Other Other Other Other TT Other MCL Other TT TT Other TT TT TT TT TT TT TT TT TT TT TT Other Other MR MCL MCL MCL MCL MON MR MR MR MR MR MR MR MR MR MR MR MR MR MR MR MR MR MR Code Is Health Based Y Y Y Y Y N Y Y N N N N N N N N N N N N N N N Y N Y N Y Y N Y Y Y Y Y Y Y Y Y Y Y N N N Y Y Y Y N N N N N N N N N N N N N N N N N N N Contaminant Name Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Total Haloacetic Acids (HAA5) Public Notice Total Haloacetic Acids (HAA5) Total Haloacetic Acids (HAA5) Public Notice Public Notice Public Notice Public Notice Public Notice Public Notice Public Notice Public Notice Public Notice Public Notice Public Notice Public Notice Public Notice Public Notice Public Notice Long Term 2 Enhanced Surface Water Treatment Rule Consumer Confidence Rule Total Haloacetic Acids (HAA5) Public Notice Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Consumer Confidence Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Long Term 2 Enhanced Surface Water Treatment Rule Consumer Confidence Rule Consumer Confidence Rule 1,2-DIBROMO-3-CHLOROPROPANE Total Haloacetic Acids (HAA5) Total Haloacetic Acids (HAA5) Total Haloacetic Acids (HAA5) Total Haloacetic Acids (HAA5) Revised Total Coliform Rule Xylenes, Total cis-1,2-Dichloroethylene o-Dichlorobenzene p-Dichlorobenzene Vinyl chloride 1,1-Dichloroethylene trans-1,2-Dichloroethylene 1,2-Dichloroethane 1,1,1-Trichloroethane Carbon tetrachloride 1,2-Dichloropropane Trichloroethylene 1,1,2-Trichloroethane Tetrachloroethylene CHLOROBENZENE Benzene Toluene Ethylbenzene Compliance Period Begin Date 01-Jul-2023 16-Dec-2022 16-Sep-2022 16-Sep-2022 01-Jul-2023 08-Apr-2023 01-Apr-2023 01-Jan-2023 29-Dec-2022 29-Dec-2022 29-Dec-2022 29-Dec-2022 29-Dec-2022 29-Dec-2022 29-Dec-2022 29-Dec-2022 29-Dec-2022 29-Dec-2022 29-Dec-2022 29-Dec-2022 29-Dec-2022 29-Dec-2022 29-Dec-2022 16-Dec-2022 02-Oct-2022 01-Oct-2022 01-Oct-2022 16-Sep-2022 01-Jul-2022 01-Jul-2022 16-Jun-2022 16-Jun-2022 16-Jun-2022 16-Jun-2022 16-Jun-2022 16-Jun-2022 16-Jun-2022 16-Jun-2022 16-Jun-2022 16-Jun-2022 21-Mar-2022 01-Oct-2021 01-Jul-2021 01-Jan-2021 01-Jan-2021 01-Oct-2020 01-Jul-2020 01-Apr-2020 01-Feb-2018 01-Jan-2017 01-Jan-2017 01-Jan-2017 01-Jan-2017 01-Jan-2017 01-Jan-2017 01-Jan-2017 01-Jan-2017 01-Jan-2017 01-Jan-2017 01-Jan-2017 01-Jan-2017 01-Jan-2017 01-Jan-2017 01-Jan-2017 01-Jan-2017 01-Jan-2017 01-Jan-2017 Compliance Period End Date 30-Sep-2023 30-Jun-2023 31-Mar-2023 31-Dec-2022 31-Dec-2021 31-Mar-2021 31-Dec-2020 30-Sep-2020 30-Jun-2020 28-Feb-2018 31-Dec-2019 31-Dec-2019 31-Dec-2019 31-Dec-2019 31-Dec-2019 31-Dec-2019 31-Dec-2019 31-Dec-2019 31-Dec-2019 31-Dec-2019 31-Dec-2019 31-Dec-2019 31-Dec-2019 31-Dec-2019 31-Dec-2019 31-Dec-2019 31-Dec-2019 31-Dec-2019 Compliance Status Open Open Open Open Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance Returned to Compliance RTC Date 31-Dec-2023 22-Jun-2023 31-Dec-2023 31-Dec-2023 25-Aug-2023 25-Aug-2023 25-Aug-2023 25-Aug-2023 25-Aug-2023 25-Aug-2023 25-Aug-2023 25-Aug-2023 25-Aug-2023 25-Aug-2023 25-Aug-2023 25-Aug-2023 25-Aug-2023 25-Aug-2023 25-Aug-2023 20-Oct-2023 04-Nov-2022 31-Dec-2023 22-Jun-2023 18-Sep-2023 23-Jan-2023 04-Nov-2022 27-Mar-2023 28-Mar-2023 22-Mar-2023 28-Mar-2023 22-Mar-2023 28-Mar-2023 15-Oct-2022 15-Oct-2022 15-Oct-2022 01-Mar-2023 26-Jan-2023 02-May-2022 02-May-2022 08-Jun-2022 30-Apr-2021 30-Apr-2021 30-Apr-2021 30-Apr-2021 13-Mar-2018 08-Jun-2020 08-Jun-2020 08-Jun-2020 08-Jun-2020 08-Jun-2020 08-Jun-2020 08-Jun-2020 08-Jun-2020 08-Jun-2020 08-Jun-2020 08-Jun-2020 08-Jun-2020 08-Jun-2020 08-Jun-2020 08-Jun-2020 08-Jun-2020 08-Jun-2020 08-Jun-2020 Enforcement EIE EIE EIF EIE EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EIE EIE EIE EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX EOX Action Type Code Violation First Enforcement Action Description Reported Date Federal Public Notification requested 15-Nov-2023 Federal Public Notification requested 22-Aug-2023 Federal Public Notification received from PWS10-Mar-2023 Federal Public Notification requested 10-Mar-2023 Federal Compliance achieved 15-Nov-2023 Federal Compliance achieved 28-Jun-2023 Federal Compliance achieved 28-Jun-2023 Federal Compliance achieved 15-May-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 22-Aug-2023 Federal Compliance achieved 01-Mar-2023 Federal Compliance achieved 01-Mar-2023 Federal Compliance achieved 15-May-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 14-Dec-2022 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Public Notification requested 10-Mar-2023 Federal Public Notification requested 10-Mar-2023 Federal Public Notification requested 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 10-Mar-2023 Federal Compliance achieved 15-Feb-2022 Federal Compliance achieved 30-Nov-2021 Federal Compliance achieved 15-Feb-2022 Federal Compliance achieved 23-Sep-2021 Federal Compliance achieved 09-Mar-2021 Federal Compliance achieved 21-Dec-2020 Federal Compliance achieved 21-Dec-2020 Federal Compliance achieved 21-Dec-2020 Federal Compliance achieved 05-Mar-2020 Federal Compliance achieved 05-Mar-2020 Federal Compliance achieved 05-Mar-2020 Federal Compliance achieved 05-Mar-2020 Federal Compliance achieved 05-Mar-2020 Federal Compliance achieved 05-Mar-2020 Federal Compliance achieved 05-Mar-2020 Federal Compliance achieved 05-Mar-2020 Federal Compliance achieved 05-Mar-2020 Federal Compliance achieved 05-Mar-2020 Federal Compliance achieved 05-Mar-2020 Federal Compliance achieved 05-Mar-2020 Federal Compliance achieved 05-Mar-2020 Federal Compliance achieved 05-Mar-2020 Federal Compliance achieved 05-Mar-2020 Federal Compliance achieved 05-Mar-2020 Federal Compliance achieved 05-Mar-2020 Federal Compliance achieved 05-Mar-2020 100211202 METLAKATLA 100211202 METLAKATLA 100211202 METLAKATLA Volatile Organic Chemicals Volatile Organic Chemicals Volatile Organic Chemicals Monitoring, Regular Monitoring, Regular Monitoring, Regular MR N Styrene MR N 1,2,4-Trichlorobenzene MR N DICHLOROMETHANE 01-Jan-2017 01-Jan-2017 01-Jan-2017 31-Dec-2019 Returned to Compliance 31-Dec-2019 Returned to Compliance 31-Dec-2019 Returned to Compliance 08-Jun-2020 EOX 08-Jun-2020 EOX 08-Jun-2020 EOX Federal Compliance achieved Federal Compliance achieved Federal Compliance achieved 05-Mar-2020 05-Mar-2020 05-Mar-2020 Date 2/3/2022 Type Letter 5/23/2022 Letter 11/9/2022 Letter 11/30/2022 Virtual Meeting 1/4/2023 Virtual Meeting 3/2/2023 Email 4/18/2023 Site Visit Compliance Assistance History Subject Matter Recipient Notice of Deficiencies Letter- Rick Anderson, Utility Inform PWS of Significant Director Deficiencies Jerry Johnson, Water Operator Approval of Corrective Action Plan Rick Anderson, Utility Letter- Inform PWS of approval of Director proposed corrective action plan Jerry Johnson, Water Operator Significant Deficiencies Notice of Albert Smith, Mayor Violation letter- Inform PWS of Rick Anderson, Utility significant deficiencies violations Director and resulting public notification Jerry Johnson, Water requirement Operator EPA Virtual Technical Assistance Rick Anderson, Utility Meeting- EPA met with utilities Director manager to provide technical assistance on unaddressed significant deficiencies and review overdue items. EPA Virtual Technical Assistance Rick Anderson, Utility Meeting- EPA set up meeting with Director utilities manager and Alaska Remote Worker to provide technical assistance on unaddressed significant deficiencies and review overdue items. Utilities manager did not show up or respond to phone calls. EPA Email with Updated Rick Anderson, Utility Unresolved Significant Deficiencies Director List- Email providing updated significant deficiencies tracker of remaining unaddressed items following documentation of fixes. Technical Assistance Provider and Rick Anderson, Utility Alaska Remote Worker Site Visit- Director EPA contractor and Alaska Remote Jerry Johnson, Water Worker provided technical Operator assistance on site related to issues of non-compliance, including 7/7/2023 Email 10/20/2023 Email unaddressed significant deficiencies and PN. EPA Email with Technical Assistance offer and Reminder to Complete Requirements- Email offering technical assistance for two significant deficiencies, request for CAP update and reminder to complete remaining overdue items. No response received. EPA Email with Updated Unresolved Significant Deficiencies List- Email providing updated significant deficiencies tracker of remaining unaddressed items following documentation of fixes. Rick Anderson, Utility Director Rick Anderson, Utility Director From: To: Cc: Bcc: Subject: Date: Attachments: Importance: Fitzner, Stephen asmith@metlakatla.com mic_maint@aptalaska.net; KBolton@metlakatla.com; Shepherdson, Melanie (she/her/hers); Law, Jonathan Contreras, Peter; Kenknight, Jeff; Ghetu, Christine (she/her/hers); Kowalski, Edward Notice Letter, Request for Assistance, and Opportunity to Consult regarding Safe Drinking Water Act (SDWA) Non-Compliance at the Metlakatla Public Water System PWS ID # 100211202 Thursday, May 2, 2024 3:43:00 PM Metlakatla Request for Assistance and Opportunity to Consult.pdf Enclosure 1-Notice of Violation.pdf Enclosure 2-Violation Report.pdf Enclosure 3-Compliance Assistance History.pdf image001.png High Dear Mayor Smith: Attached please find correspondence from Edward Kowalski, EPA Region 10 Director of Enforcement and Compliance Assurance Division, regarding the above-referenced matter. Thank you. Stephen Fitzner Field, Data, & Drinking Water Enforcement Section Enforcement and Compliance Assurance Division U.S. Environmental Protection Agency, Region 10 950 West Bannock Street, Suite 900 Boise, Idaho 83702 Office (208) 378-5764