Document Neyw98y0MQn4De83kxzYk75Vp

April 1, 2025 Joseph Jackson, Mayor Rockaway Township 65 Mount Hope Road Rockaway, NJ 07866 Attn: rockadm@rockawaytownship.org Re: Administrative Order, Docket No. SDWA-02-2025-8038 Rockaway Township Water Department (PWS ID. No. NJ14350002) Dear Mayor Jackson: Enclosed you will find an Administrative Order ("AO"). The AO finds that Rockaway Township owns and/or operates Rockaway Township Water Department, a "public water system" as defined by the Safe Drinking Water Act ("SDWA") and 40 C.F.R. Part 141.2, and is, therefore, subject to its requirements. The United States Environmental Protection Agency ("EPA") also finds that Rockaway Township Water Department failed to comply with the SDWA's reporting requirements associated with the fifth cycle of the Unregulated Contaminant Monitoring Regulation ("UCMR5"). The enclosed AO requires Rockaway Township Water Department to comply with these requirements. I urge your cooperation in assuring that the requirements of the enclosed AO are met. The violation of an Administrative Order may subject the violator to an administratively assessed civil penalty not to exceed $49,848, or a court-imposed penalty not to exceed $71,545, per day of violation. If you have any questions, need technical assistance, or would like help understanding how to respond to EPA regarding this matter, please contact Nicole Foley Kraft, Supervisor, Safe Drinking Water Act Compliance Section, at (212) 637-3093 or kraft.nicole@epa.gov. Sincerely, KATHLEEN Digitally signed by KATHLEEN ANDERSON ANDERSON Date: 2025.04.01 15:51:51 -04'00' Enclosure Kathleen Anderson, Director Enforcement and Compliance Assurance Division cc: Don Hirsch, NJDEP Water & Land Use Enforcement, Don.Hirsch@dep.nj.gov Tina Cullen, Water & Sewer Account Clerk, tcullen@rockawaytownship.org 2 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION II 290 BROADWAY NEW YORK, NY 10007-1866 IN THE MATTER OF: Rockaway Township Rockaway Township Water Department 65 Mount Hope Road Rockaway, NJ 07866 PWS ID. No. NJ1435002 Respondent. Proceedings pursuant to Section 1414(g) of the Safe Drinking Water Act, 42 U.S.C. Section 300g-3(g) ADMINISTRATIVE ORDER Docket No. SDWA-02-2025-8038 I. STATUTORY AUTHORITY The following FINDINGS are made, and ORDER issued under the authority vested in the Administrator of the United States Environmental Protection Agency ("EPA") by Section 1414(g) of the Safe Drinking Water Act ("SDWA"), 42 U.S.C. Section 300g-3(g) ("the Act"), and duly delegated to the Director of the Enforcement and Compliance Assurance Division of Region 2. II. FINDINGS 1. Rockaway Township (hereinafter "Respondent") owns and/or operates the Rockaway Township Water Department "public water system," within the meaning of Section 1401(4) of the SDWA, 42 U.S.C. 300f(4), and 40 C.F.R. 141.2, located in Rockaway, NJ. 2. Respondent is a "supplier of water" within the meaning of Section 1401(5) of the SDWA, 42 U.S.C. 300f(5), and 40 C.F.R. 141.2. 3. Respondent is a "person" within the meaning of Section 1401(12) of the SDWA, 42 U .S.C. 300f(12), and is subject to an Administrative Order ("AO") issued under Section 1414(g)(1) of the SDWA, 42 U.S.C. 300g-3(g)(1). 4. Respondent provides piped water for human consumption and regularly serves a population of at least 25 individuals year-round and is therefore a "community water system" as defined by Section 1401(15) of the SDWA, 42 U.S.C. 300f(15), and 40 C.F.R. 141.2. Respondent is, therefore, subject to the requirements of Part B of the SDWA, 42 U.S.C. 300g et seq., and its implementing regulations found at 40 C.F.R. Part 141. 5. On December 17, 2021, EPA promulgated for the fifth cycle of the Unregulated Contaminant Monitoring Regulation ("UCMR5"). The UCMR5 became effective December 27, 2021, and is regulated under 40 C.F.R. Part 141 Subparts D and E. The UCMR5 monitoring will occur from 2022-2026 and includes monitoring for a total of 30 chemical contaminants: UCMR5 specifies monitoring for 29 per- and polyfluoroalkyl substances (PFAS) and lithium. Implementation of the UCMR5 will benefit the environment by providing EPA and other interested parties with scientifically valid data on the occurrence of these contaminants in drinking water, thereby permitting the assessment of the population potentially being exposed and the levels of that exposure. These data are the primary source of occurrence and exposure data for the EPA to determine whether to regulate these contaminants. This data will also ensure science-based decision-making and help prioritize protection of disadvantaged communities. 6. The New Jersey Department of Environmental Protection ("NJDEP") administers the Public Water System Supervision Program in New Jersey pursuant to Section 1413 of the SDWA. The approval of primary enforcement authority from EPA to NJDEP was effective as of July 13, 1979. NJDEP is the "approved State primacy program," as that term is defined in 40 C.F.R. 142.2. However, the UCMR5 is a regulation for which EPA retains primary enforcement responsibility as per 40 C.F.R. Part 141, Subpart E. 7. Pursuant to 40 C.F.R. 141.35(a), community public water systems serving more than 10,000 people, (including those that purchase some or all of their water supply from another public water system) must report to EPA inventory information prior to the commencement of UCMR5 monitoring. Specifically, Respondent's inventory information must be entered in EPA's web-based reporting system, the "Safe Drinking Water Accession and Review System" ("SDWARS"), to prepare for UCMR5 sampling. 8. Pursuant to 40 C.F.R. 141.35(c), community public water systems serving more than 10,000 people, that meet the applicability criteria in 141.40(a)(2)(i), were required to comply with the reporting requirements in paragraphs (c)(1) through (c)(8) by December 31, 2022. 9. Pursuant to 40 C.F.R. 141.207, community public water systems required to monitor under UCMR5 must notify persons served by the water system of the availability of the results of UCMR5 sampling no later than 12 months after the monitoring results are known. Respondent must also notify persons served by the water system if the system fails to comply with the monitoring/reporting requirements of UCMR 5 in accordance with 40 C.F.R. 141.204. 10. On January 23, 2022, August 22, 2022, February 23, 2023, and August 23, 2023, EPA sent the official notification letters to Respondent regarding their obligation to comply with UCMR5 and the regulatory deadline to submit inventory information and instructions on how to access SDWARS. Specifically, public water systems are required to establish a Central Data Exchange (CDX) SDWARS account and take the following actions: Read and accept your UCMR5 Notification Letter Review and, as needed, adjust sample location inventory. Add zip codes associated with all customers in your service area, and Review your sampling schedule. Rockaway Township Water Department Docket No. SDWA-02-2025-8038 Page 2 of 4 11. Respondent accepted the official notification letter in January 2022. 12. Respondent's first sampling event was scheduled for August 2024. Therefore, Respondent should have reported data in SDWARS based on their monitoring schedule. 13. Pursuant to 40 C.F.R. 141.40(a)(4)(H)(i), large PWSs you must arrange for testing by a laboratory that has been approved by EPA and must review, approve, and submit the system information, and sample collection data and test results. 14. Laboratories have 90 days after sample collection to report large PWS results to SDWARS and large PWSs have up to 30 days to review and approve their data (120 days total). 15. Based on information available to EPA, Respondent doesn't have any analytical result data in SDWARS (either approved or in PWS hold) to date. 16. EPA is issuing this Administrative Order to place the Respondent on an enforceable schedule to comply with the UCMR5 reporting requirements of the SDWA, 40 C.F.R. Part 141, Subparts D & E and associated public notice requirements of 40 C.F.R. 141.207. III. ORDER Based on the foregoing FINDINGS, and pursuant to the authority of Section 1414(g) of the SDWA, EPA hereby ORDERS: 17. Within five (5) days of receipt of this Order, Respondent shall contact the UCMR5 Message Center at (UCMR5@GLEC.com) for assistance completing the reporting requirements and provide the required sampling data to EPA via SDWARS in order to comply with the UCMR5 reporting requirements, in accordance with 40 C.F.R. 141.35(c)(1) through (c)(8). In addition, please copy Region2_SDWAEnforcement@epa.gov on all correspondence with the UCMR5 Message Center. 18. Within five (5) days of receipt of this Order, Respondent shall contact the UCMR Sampling Coordinator at (UCMR_sampling_coordinator@epa.gov) if sampling has not been completed or changes to sampling schedule is required. 19. Within ten (10) days of receipt of this Order, Respondent must certify to EPA Region 2 that SDWARS requirements outlined in Paragraph 17 have been fully met or a revised sampling schedule established pursuant to Paragraph 18. All information required to be submitted by this Order to EPA Region 2 shall be submitted electronically via e-mail to: Nicole Foley Kraft, Supervisor Safe Drinking Water Act Compliance Section U.S. Environmental Protection Agency - Region 2 Region2_SDWAEnforcement@epa.gov (212) 637-3093 Rockaway Township Water Department Docket No. SDWA-02-2025-8038 Page 3 of 4 20. All notices, reports, or other submissions by Respondent shall contain the following certification: "I certify, under penalty of law, that the information contained in or accompanying this submission is true, accurate and complete based upon representations as to accuracy and completeness made to me either orally or through submission of documentation by appropriate personnel with responsibility for the matters contained herein." IV. GENERAL PROVISIONS 21. Notwithstanding Respondent's compliance with any requirement of this Order, Respondent's failure to comply with all of the requirements of the Act and Part 141 may subject Respondent to additional enforcement action, including but not limited to judicial, administrative, and equitable actions. 22. This Administrative Order shall not prohibit, prevent, or otherwise preclude EPA from taking whatever action it deems appropriate to enforce the Act in any manner and shall not prohibit, prevent, or otherwise preclude EPA from using this Order in subsequent administrative or judicial proceedings. Nothing in this Order shall constitute a waiver, suspension, or modification of the requirements of the Act, or the rules and regulations promulgated there under which remain in full force and effect. Issuance of this Order is not an election by EPA to forgo any civil or criminal action otherwise authorized under the Law. 23. The Respondent may be subject to an administrative civil penalty of up to $49,848 pursuant to Section 1414(g)(3)(B) of the Act, 42 U.S.C. 300g-3(g)(3)(B) or a civil penalty assessed by an appropriate United States District Court that exceeds $49,848 pursuant to Section 1414(g)(3)(C) of the Act, 42 U.S.C. 300g-3(g)(3)(C). A violation of any term of this Order may also subject the Respondent to a judicial civil penalty of up to $71,545 per day of violation pursuant to Section 1414(b) of the Act, 42 U.S.C. 300g-3(b). 24. Respondent may seek federal judicial review of the Order pursuant to Section 1448(a) of the Act, 42 U.S.C. 300j-7(a). 25. This Order does not relieve Respondent of any responsibilities or liabilities established pursuant to any applicable federal, State, or local law. 26. This Order shall take effect upon the signature of the Director, Enforcement and Compliance Assurance Division. It is so Ordered: KATHLEEN Digitally signed by KATHLEEN ANDERSON ANDERSON Date: 2025.04.01 15:52:34 -04'00' ____________________________ Kathleen Anderson, Director Enforcement and Compliance Assurance Division Rockaway Township Water Department Docket No. SDWA-02-2025-8038 Page 4 of 4