Document OE9E9djOwGMYQpjvj0dMOMBaj

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270 July 21, 2022 CERTIFIED MAIL-RETURN RECEIPT REQUESTED: Jennifer Isom d/b/a Southfork Resort 7230 HWY 289 North Mammoth Spring, AR 72554 Re: PWS ID Number: AR0000958 Administrative Order; Docket Number: SDWA-06-2022-1296 Dear Ms. Isom: Enclosed is an Administrative Order (Order) issued by the United States Environmental Protection Agency, Region 6 (EPA) concerning the Southfork Resort Public Water System (PWS). The Order requires Jennifer Isom (Respondent) to comply with the provisions set forth in the attached Order. The EPA requests that the Respondent immediately confirm receipt of this Order by a response e-mail to doupnik.sami@epa.gov. This Order is being issued to the Respondent for violation of the Safe Drinking Water Act (Act), 42 U.S.C. 300f, et seq., and its implementing regulations, 40 C.F.R. Part 141. The EPA finds that the Respondent owns or operates the public water system identified in the Order and is therefore subject to the Public Notice Rule (PN). Recently, EPA was informed by the Arkansas Department of Health (ADH) that the Respondent failed to provide Public Notice for failing to submit bacteriological samples for the months of July-August 2018, November 2019, and August 2020. Therefore, EPA is now ordering the Respondent to provide public notification(s) for the violations stated and to submit a copy of the public notification(s) with an accompanied signed Certificate of Delivery to EPA and ADH through the issuance of this action. This Order does not assess a monetary penalty; however, it does require compliance with the PN rule as set forth in 40 C.F.R. 141.201. Please be aware that failure to comply with this Order may subject the Respondent to additional enforcement action by EPA, including the initiation of legal proceedings to seek monetary penalties. Re: Jennifer Isom d/b/a Southfork Resort 2 Administrative Order If you need assistance, or have questions regarding the Order, please contact Sarni Doupnik, of my staff, at (214) 665-7495. Pursuant to Section 1414(a)(2)(B) of the Safe Drinking Water Act, a copy of this letter is being provided as a notice to Mr. Gary Clayton, Fulton County Judge, as the appropriate local official. Sincerely, Digitally signed by CHERYL SEAGER Date: 2022.07.21 14:14:19 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosure ec: lance. jones@arkansas.gov robin.michaels@arkansas.gov gregory.alexander@arkansas.gov mistry.jatin@epa.gov brown.jamesr@epa.gov judgebic@gmail.com UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6 In the Matter of Jennifer Isom d/b/a Southfork Resort Respondent PWS ID #AR0000958 Docket No. SDWA-06-2022-1296 ADMINISTRATIVE ORDER STATUTORY AUTHORITY The following findings are made, and an Administrative 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 (the Act), 42 U.S.C. 300g-3(g). The Administrator delegated the authority to issue this Order to the Regional Administrator of EPA Region 6, who delegated such authority to the Director of Enforcement and Compliance Assurance Division. FINDINGS 1. Jennifer Isom (Respondent) is a "person," as defined by Section 1401(12) of the Act, 42 U.S.C. 300f(12). 2. At all times relevant to the violations alleged herein (relevant time period), Respondent owned or operated a public water system (PWS), as defined by Section 1401(4) of the Act, 42 U.S.C. 300f(4), located in Mammoth Spring, Fulton County, Arkansas (facility), designated as PWS Identification Number AR0000958, and known as the Southfork Resort. 3. During the relevant time period, Respondent's PWS served as a "non-community water system", as defined by Section 1401(16) of the Act, 42 U.S.C. 300f(16) and is subject to the requirements of the Act, 42 U.S.C. 300g-1, and its implementing regulations, 40 C.F.R. Part 141. In the Matter of- Jennifer Isom d/b/a Southfork Resort Docket Number: SDWA-06-2022-1296 Page 1 of3 4. During the relevant time period, Respondent's PWS was subject to the requirements of the National Primary Drinking Water Regulations (NPDWR) including the Public Notification Rule (PN) as set forth in 40 C.F.R. 141.201. 5. The Arkansas Department ofHealth (ADH) has primacy for the NPDWR. ADH referred this system to EPA for enforcement on May 16, 2022. 6. Pursuant to 40 C.F.R. 141.851-141.861, Respondent must collect and submit total coliform samples and submit monthly reports. 7. Respondent violated 40 C.F.R. 141.853 by failing to submit valid total coliform samples for the months of July-August 2018, November 2019, and August 2020. 8. Pursuant to 40 C.F.R. 141.201(a), each owner or operator of a PWS that has violated the National Primary Drinking Water Regulations, including 40 C.F.R. Part 141, issued in accordance with Section 1412 of the Act, 42 U.S.C. 300g-1, must give public notice of the violation. 9. Respondent violated 40 C.F.R. 141.201(a) by failing to provide public notification and submit a copy of the public notification to the ADH for violations specified in paragraph 7. SECTION 1414(g) COMPLIANCE ORDER Based on the foregoing findings and pursuant to the authority of Section 1414(g) of the Act, 42 U.S.C. 300g-3(g), EPA orders that Respondent immediately take the following actions: A. Within thirty (30) days of receipt of this Order, Respondent shall provide public notice of the violations specified in paragraph 7 above, in accordance with 40 C.F.R. 141.201(a). Respondent shall also provide a copy of all public notices and signed Certificates of Delivery to EPA and ADH within forty (40) days of this Order. B. The reporting required by this Order must be provided by Respondent to EPA and ADH at the following addresses: Sarni Doupnik Water Resources Section Enforcement and Compliance Assurance Division U.S. EPA, Region 6 1201 Elm Street, Suite 500 In the Matter of- Jennifer Isom d/b/a Southfork Resort Docket Number: SDWA-06-2022-1296 Page2 of3 Dallas, TX 75270 (214) 665-7495 doupnik.sami@epa.gov Gregory Alexander Arkansas Department of Health Compliance and Enforcement Engineering Section 4815 W Markham St. Little Rock, AR 72205 gregory.alexander@arkansas.gov GENERAL PROVISIONS This Order is effective upon receipt by a representative of the PWS. Respondent may seek federal judicial review of the Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706. This Section 1414(g) Compliance Order does not constitute a waiver, suspension, or modification of the requirements of 40 C.F.R. Part 141 or other applicable federal and state requirements, which remain in full force and effect. Issuance of this Section l 4 l 4(g) Compliance Order is not an election by EPA to forego any civil or any criminal action otherwise authorized under the Act. Violation of any term of this Section 1414(g) Order or the Act may subject the Respondent to an administrative civil penalty ofup to $43,678 under Section 1414(g) of the Act, 42 U.S.C. 300g-(g), or a civil penalty of not more than $62,689 per day per violation, assessed by an appropriate United States District Court under Section 1414(g)(3)(A) of the Act, 42 U.S.C. 300g-3(g)(3)(A). This Order shall be binding on the PWS cited herein and all its successors and assignees. No change in ownership of the PWS shall alter the responsibility of the PWS under this Order. July 22, 2022 Date Digitally signed by CHERYL SEAGER Date: 2022.07.22 09:35:57 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division In the Matter of Jennifer Isom d/b/a Southfork Resort Docket Number: SDWA-06-2022-1296 Page 3 of 3