Document Z84O2JKbv7pmqoxj059BvJ8Od

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 155 Seattle, WA 98101 WATER DIVISION February 9, 2023 Mr. David Lucas Makah Tribe P.O. Box 115 Neah Bay, WA 98357 Re: Violations for Failure to Monitor and Report and Failure to Submit Lead Consumer Notice Certification Makah, PWS ID 105300012 Dear Mr. Lucas: The EPA did not receive sample results for the regulated drinking water contaminants in the table below as required under the National Primary Drinking Water Regulations (NPDWR). As a result, Makah is in violation of the NPDWRs. Violation Monitoring and Reporting Monitoring and Reporting Monitoring and Reporting Monitoring and Reporting Sample Collection Location S-14.1, Water Treatment Plant S-66, Tsoo-Yess Well #2 Treated Water S-14.1, Water Treatment Plant S-66, Tsoo-Yess Well #2 Treated Water Compliance Period 1/1/2022-12/31/2022 1/1/2020-12/31/2022 1/1/2020-12/31/2022 1/1/2020-12/31/2022 Analyte IOCs IOCs Combined Radium (-226 & -228) Combined Radium (-226 & -228) Citation 40 CFR 141.23 40 CFR 141.23 40 CFR 141.26 40 CFR 141.26 To return to compliance you must either: 1. Submit sample results if a sample was collected during the monitoring period. OR 1. Collect samples according to your current monitoring schedule and submit the results to EPA. 2. Notify customers of this violation within one year in your Consumer Confidence Report (CCR). The EPA did not receive certification of consumer notification of results for lead within 90 days of the end of the compliance monitoring period, before 12/30/2022, as required under the National Primary Drinking Water Regulations (NPDWR), according to 40 CFR 141.85. As a result, Makah is in violation of the NPDWRs. Makah is currently required to take lead and copper samples at approved tap sampling sites. Within 30 days of receiving lead sampling results, notification must be provided by the public water system to consumers at each location where monitoring was conducted. Certification of the distribution of the lead consumer notices must be provided to EPA within 90 days of the end of the compliance monitoring period. To return to compliance you must: Submit certification of distribution of lead consumer notices for lead monitoring results at each location where a sample was collected and a sample copy of one notice that was delivered. This must be done for every result in each monitoring period. 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-to-government consultation, in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes. Please contact the Groundwater and Drinking Water Section at (206) 553-6253 or R10TribalDW@epa.gov to determine next steps or if you have questions. Sincerely, KAREN BURGESS Digitally signed by KAREN BURGESS Date: 2023.02.09 20:51:28 -08'00' Karen Burgess, Manager Groundwater and Drinking Water Section cc: Sandy Redsteer, Indian Health Service 2