Document QOzYqXX89EKGoxz1QDRY6Z4R

November 30, 2023 Lori Falcon Superintendent Paschal Sherman Indian School 169 North Omak Lake Road Omak, Washington 98841 RE: Failure to Correct Significant Deficiencies under the Ground Water Rule, Colville Confederated Tribes, Paschal Sherman Indian School, PWS ID 105300009 Dear Ms. Falcon: The Environmental Protection Agency (EPA) has not received evidence that the significant deficiencies identified in Paschal Sherman Indian School's March 22, 2023, Sanitary Survey Notice of Deficiencies letter were corrected by the required due date or that a proposed corrective action plan (CAP) was submitted, which constitutes a violation of the National Primary Drinking Water Regulations (40 CFR 141.403(a)(5)). Within 120 days from the receipt of EPA's Notice of Deficiencies, a water system is required to address the significant deficiencies or submit a CAP to EPA for approval. If a CAP is approved, a water system must be in compliance with the approved CAP's schedule. To return to compliance Paschal Sherman Indian School must either: 1. Submit evidence of corrected significant deficiencies to R10TribalDW@epa.gov as soon as possible. -OR2. Submit a CAP for EPA approval to R10TribalDW@epa.gov within 30 days and remain in compliance with the approved CAP's schedule. Additionally, Paschal Sherman Indian School must: 1. Distribute Tier 2 Public Notification (PN) within 30 days of receiving this letter and every three months afterwards until the deficiencies have been corrected (40 CFR 141.203(b)). -AND2. Submit a copy of the PN that was distributed and the completed Public Notification Certification Form to R10TribalDW@epa.gov 10 days after you distribute the notice. A Public Notification template, instructions, and certification are enclosed to assist you with completing the requirements. 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. Please contact R10TribalDW@epa.gov if you have questions. Sincerely, KAREN BURGESS Digitally signed by KAREN BURGESS Date: 2023.11.29 09:15:15 -08'00' Karen Burgess, Manager Groundwater and Drinking Water Section Enclosures: Overdue Significant Deficiencies Tracker, Public Notification Materials cc: Mr. Randy Marcellay Water Operator Lead, Paschal Sherman Indian School Mr. Kevin Best Operator, Paschal Sherman Indian School Mr. Laddie Folster Tribal Utility Consultant, Indian Health Service 2 Instructions for Ground Water Rule Failure to Take Corrective Action Within Required Time Frame Public Notice 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 Ground Water 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 following page 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 Ground Water Rule 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 in consultation with EPA to develop a corrective action plan. 3  The [source of contamination/significant deficiency] has been identified and addressed. We have implemented a short-term plan to address the immediate issue while pursuing a 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, 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)]. 4 IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER Failure to Correct a Significant Deficiency Public Water System: ____________________________ Date distributed: _____________ 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 are doing to correct this situation. A routine inspection conducted on ____ /____ /____ by our Technical Assistance Provider on behalf of the US Environmental Protection Agency (EPA) found the following significant deficiencies: _______________________________________________________________________________________ _______________________________________________________________________________________ ______________________________________________________________________________ As required by EPA's Ground Water Rule, we were required to take action to correct this deficiency. However, we failed to take this action by the deadline established by EPA. What is being done? We anticipate resolving the problem within a __________________ time frame by doing the following: _______________________________________________________________________________________ _________________________________________________________________________________ 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. *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.* 5 Public Notification Certification Form The water system must complete this section. The signature below certifies that the notice contains all required elements. Complete the section which corresponds to your water system type. Community Water Systems: I mailed/delivered Public Notices to the water users within 30 days of receiving EPA's Notice of Violation for failure to correct significant deficiencies identified by a sanitary survey under the Ground Water Rule. Provide information of another method used to reach others if they would not be reached by the first method. Such methods could include posting in public places or internet, newspapers, email, delivery to community organizations, etc. Other Method:____________________________________________________________________ Non-Community Water Systems: Notice posted at _____________________ on ____ / ____ / _____ within 30 days of receiving EPA's Notice of Violation for failure to correct significant deficiencies identified by a sanitary survey under the Ground Water Rule. Provide information of another method used to reach others if they would not be reached by the first method. Such methods could include posting on the internet, newspapers, email, delivery to community organizations, etc. Other Method:____________________________________________________________________ _____________________________________________ ________________ Water System Name PWS ID# _____________________________________________ ________________ Signature Date Email a copy of the completed notice and this certification form to: R10TribalDW@epa.gov Contact Person: ________________________ Phone: __________________ 6 Proposed Corrective Action Plan EPA Region 10 Tribal Public Water System Supervision Program A proposed corrective action plan must provide a written description of how and on what schedule/when the following significant deficiencies will be/were already addressed. Please fill in the table below and submit documentation of correction to the significant deficiencies below to R10TribalDW@EPA.GOV. Please submit photos, invoices, or other items documenting corrections that have been made (reference documentation with written statement in column B). PWS ID: 105300009 System Name: Paschal Sherman Indian School Primary Source: Groundwater Sanitary Survey Date: 10/20/2022 Notice of Deficiencies Date: 3/22/2023 Notice of Violation Date: 11/30/2023 Deficiency Original Due Date #6 Well #1: The well vent is not screened with the return bend facing downward and terminating 18-inches above ground level or above maximum flood level, whichever is higher. #210 Management/Operation: The Water System does not have an operation and maintenance manual; send manual to the EPA upon completion. #211 Management/Operation: The system does not have written standard operating protocol (SOP) for operators; send SOP to the EPA upon completion. #213 Management/Operation: The Water System does not have a Cross-Connection Control Program; send program plan to the EPA upon completion. 8/13/2023 8/13/2023 8/13/2023 8/13/2023 Schedule to Address Deficiency in Violation Milestone/Corrective Action Description Scheduled Date Accomplishments (date completed) EPA Note: A picture was provided to EPA showing that the well vent piping faces downward and the vent screen is installed. However, the well vent does not terminate 18 inches above ground. Please submit a picture of the correction. List any additional attachments included with this plan: I understand that failing to meet an EPA approved Deficiency Corrective Action Plan will constitute a violation of the National Primary Drinking Water Standards (Ground Water Rule, 40 CFR 141.403(a)(5)). Name (print) Phone address email Signature (unless submitted electronically) Date EPA Use Only Deficiency approved by (print) Original Due Date Schedule to Address Deficiency in Violation Milestone/Corrective Action Description Scheduled Date closed date Accomplishments (date completed) STAFF PERSON TITLE Signature Date 2 of 2