Document Rx82KxXYzq7Ln0pVeaQwny6z

U.S. ENVIRONMENTAL PROTECTION AGENCY-REGION 6 FINDINGS OF VIOLATION AND COMPLIANCE ORDER In the Matter of: Glacier SMERC 1900 Springdale Owned/Operated by Glacier Water Services, Inc., Respondent Docket No. SDWA-06-2021-1260, PWS ID # AR0001085 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 Sections 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 the Enforcement and Compliance Assurance Division. FINDINGS 1. Glacier Water Services Inc. (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 Glacier SMERC 1900 Springdale, a public water system (PWS), as defined by Section 1401(4) of the Act, 42 U.S.C. 300f(4), located in Springdale, Washington County, Arkansas (facility), designated as PWS Identification Number AR0001085. 3. During the relevant time period, Respondent's PWS served as a " non-community w a t e r system", as defined by Section 1401 of the Act, 42 U.S.C. 300f 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. 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 Notice Rule (PN) as set forth in 40 C.F.R. 141.201. 5. The Arkansas Department of Health (ADH) has primacy for the NPDWR. ADH referred this system to EPA for enforcement in November 2020. 7. Respondent violated 40 C.F.R. 141.201(a) by failing to provide public notification regarding the failure to collect and submit routine total coliform samples for November 2017. SECTION 1414(g) COMPLIANCE ORDER Based on these findings and pursuant to the authority of Section 1414(g) of the act, 42 U.S.C. 300g-3(g), EPA orders that the 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 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: Chelsey Sherwood Water Resources Section (ECDWR) U.S. EPA, Region 6 1201 Elm St. Suite 500 Dallas, TX 75270-2102 Robin Michaels Arkansas Department of Health Compliance and Enforcement Engineering Section 4815 W Markham St. Little Rock, AR 72205 Alternatively, if submitted electronically, all electronic documentation submitted to EPA needs to be transmitted to Chelsey Sherwood at sherwood.chelsey@epa.gov and to Robin Michaels at robin.michaels@arkansas.gov. 6. 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. Docket Number: SDWA-06-2021-1260 Page 2 GENERAL PROVISIONS This Order is effective upon receipt by a representative of the water system. 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 1414(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) Compliance Order may subject Respondent to an administrative civil penalty of up to $40,640.00 under Section 1414(g) of the Act, 42 U.S.C. 300g-3(g), or a civil penalty of not more than $58,328.00 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. _________________________________________________ Date Digitally signed by STEPHEN GILREIN STEPHEN GILREIN DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=STEPHEN GILREIN, 0.9.2342.19200300.100.1.1=68001003651794 Date: 2021.02.19 12:52:08 -06'00' _________________________________________________ Cheryl T. Seager, Director Enforcement and Compliance Assurance Division