Document gbQLrj3n5GzY0vvMY7OYV0wrJ

REGION 6 DALLAS, TX 75270 December 20, 2023 CERTIFIED MAIL-RETURN RECEIPT REQUESTED: Craig Weise Grassy Knob Subordinate SD 12025 HWY 187 Eureka Springs, AR 72631 Re : PWS ID Number: ART001101 Administrative Order; Docket Number: SDWA-06-2024-1203 Dear Mr. Weise : Enclosed is an Administrative Order (Order) issued by the United States Environmental Protection Agency, Region 6 (EPA) concerning the Grassy Knob Subordinate SD Public Water System (PWS). The Order requires the Craig Weise (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. As an owner/operator of a PWS and as a supplier of water, the Respondent is required to comply with the Safe Drinking Water Act (SDWA) and the National Primary Drinking Water Regulations (NPDWRs). Pursuant to 40 C.F.R. Part 141.201, community water systems (CWS) that violate the NPDWRs must give public notice of the violation. Respondent violated 40 C.F.R Part 141.201 by failing to provide public notice for failing to submit valid bacteriological samples for the months of June 2020 and May 2021, and for failing to submit a monthly Bacteriological Monitoring and Operations Report for the month of November 2020. This Order does not assess a monetary penalty; however, it does require compliance with 40 C.F.R Part 141.201. Please be aware that failure to comply with this Order may subject Respondent to additional enforcement action by EPA, including the initiation of legal proceedings to seek monetary penalties. Re: Grassy Knob Subordinate SD 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 SDWA, 42 U.S.C. 300g-3(a)(2)(B), notice was provided to Mr. David Writer, Carroll County Judge, as an appropriate local official. Sincerely, Digitally signed by CHERYL SEAGER Date: 2023.12.20 11 :11:31 -06'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosure ec: janetchupp8@gmail.com lance.jones@arkansas.gov robin.michaels@arkansas.gov mistry.jatin@epa.gov brown.jamesr@epa.gov ordonez.efren@epa.gov countyjudge@carrollcounty.us 2 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 In the Matter of Craig Weise Respondent PWS ID# ART001101 Docket No. SDWA-06-2024-1203 ADMINISTRATIVE ORDER 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 or 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. Craig Weise (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 Eureka Springs, Carroll County, Arkansas (facility), designated as PWS Identification Number ART001101, and known as the Grassy Knob Subordinate SD. 3. During the relevant time period, Respondent's PWS served as a "community water system", as defined by Section 1401(15) of the Act, 42 U.S.C. 300f(15) 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" Craig Wiese Docket Number: SDWA-06-2024-1203 Page 1 of4 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 on November 28, 2023. 6. Pursuant to 40 C.F.R. 141.853, Respondent must collect and submit the minimum number of routine drinking water samples to the ADH's laboratory for bacteriological analysis. 7. Respondent violated 40 C.F.R. 141.853 by failing to submit the minimum number of three (3) valid bacteriological samples for the months of June 2020 and May 2021. 8. Pursuant to 40 C.F.R. 141.861, Respondent must maintain and submit accurate bacteriological monitoring and operational records for each month. 9. Respondent violated 40 C.F.R. 141.861 by failing to submit a monthly Bacteriological Monitoring and Operations Report to the ADH for the month of November 2020. 10. Pursuant to 40 C.F.R. 141.201(a), each owner or operator of a PWS that has violated the NPDWRs, 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. 11. Respondent violations 40 C.F.R. 141.201(a) by failing to provide public notice and submit a copy of the public notification to the ADH for violations specified in paragraphs 7 and 9. 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 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 paragraphs 7 and 9 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. In the Matter of" Craig Wiese Docket Number: SDWA-06-2024-1203 Page2 of4 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 Dallas, TX 75270 (214) 665-7495 doupnik.sami@epa.gov Robin Michaels Arkansas Department of Health Compliance and Enforcement Engineering Section 4815 W Markham St. Little Rock, AR 72205 (501)-661-2623 robin.michaels@arkansas.gov GENERAL PROVISIONS This Order is effective upon receipt by a representative of the PWS. Respondent may seek federal judicial review of this Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706. This Section 1414(g) 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) Order may subject Respondent to an administrative civil penalty under Section 1414(g) of the Act, 42 U.S.C. 300g-3(g), or a civil penalty, assessed by an appropriate United States District Court under Section 1414(g)(3)(A) of the Act, 42 U.S.C. 300g3(g)(3)(A). In the Matter of" Craig Wiese Docket Number: SDWA-06-2024-1203 Page 3 of4 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. December 20, 2023 Date Digitally signed by CHERYL SEAGER Date: 2023.12.20 11 :10:04 -06'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division In the Matter of Craig Wiese Docket Number: SDWA-06-2024-1203 Page 4 of4