Document n9jDzpGL8exbvmryeeQ9vqzaa

January 18, 2024 Ron Toulou Public Works Director Colville Confederated Tribes P. O. Box 150 Nespelem, Washington 99155 Failure to Correct Significant Deficiencies, Keller Water System, PWS ID 105300006 Dear Mr. Toulou: The Environmental Protection Agency (EPA) has not received evidence that the significant deficiencies identified in Keller water system's August 11, 2023, Sanitary Survey Notice of Deficiencies 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 141.404(a)]. Within 120 days from the receipt of EPA's Notice of Deficiencies, a ground water system is required to correct 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 [40 CFR 141.403(a)(5)]. Correcting significant deficiencies is important because they have the potential to lead to contamination of drinking water. To return to compliance Keller water system must either: 1. If the significant deficiencies were already corrected, submit evidence to R10TribalDW@epa.gov as soon as possible. -OR2. Correct the significant deficiencies and submit evidence to R10TribalDW@epa.gov as soon as possible. Keller water system will remain in violation until all unaddressed significant deficiencies are corrected. If a significant deficiency cannot be immediately corrected, submit a proposed CAP for EPA approval to R10TribalDW@epa.gov as soon as possible. Additionally, Keller water system must: 1. Distribute Tier 2 Public Notification (PN) within 30 days of receiving this letter and every three months afterwards until significant 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 within 10 days after issuing the notice [40 CFR 141.31(d)(1)]. A Public Notification template, instructions, and certification are enclosed to assist 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 with questions. Sincerely, CHRISTOPH CHRISTOPHER AFFELDT Digitally signed by ER AFFELDT -08'00' Date: 2024.01.18 14:26:39 For Karen Burgess, Manager Groundwater and Drinking Water Section ENCLOSURES 1. Notice of Violation Tracker cc: Mr. Stanford Spencer Water/Wastewater Program Manager Colville Confederated Tribes Mr. Alan Matt Water/Wastewater Operation Lead Colville Confederated Tribes Mr. Adam Pachosa Operator Colville Confederated Tribes Mr. Laddie Folster Tribal Utility Consultant Indian Health Service 2 Instructions for Failure to Address Significant Deficiencies Public Notice A system's failure to address significant deficiencies within the required timeframe or be in compliance with an EPA-approved corrective action plan under the Ground Water Rule is a treatment technique violation and requires Tier 2 public 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)]. Check with your primacy agency to make sure you meet its requirements. You must issue a repeat notice every three months for as long as the violation persists. Community systems must use one of the following [40 CFR 141.203(c)]: Hand or direct delivery Mail, as a separate notice or included with the bill Another method approved in writing by EPA Noncommunity systems must use one of the following [40 CFR 141.203(c)]: Posting in conspicuous locations Hand delivery Mail Another method approved in writing by the EPA 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 following notice is appropriate for is appropriate for mailing, posting, or hand delivery. If you do modify the notice, you must still include all required PN elements from 40 CFR 141.205(a) and leave the mandatory language unchanged (see below). Mandatory Language Mandatory language on health effects (from Appendix B to 40 CFR 141 Subpart Q) must be included as written (with blanks filled in) and is presented in this notice in italics and with an asterisk on either end. You must also include standard language to encourage the distribution of the public notice to all persons served, where applicable [40 CFR 141.205(d)]. This language is also presented in this notice in italics and with an asterisk on either end. 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 now in consultation with the EPA to develop a corrective action plan. The [source of contamination/significant deficiency] has been identified and addressed. We have implemented a short-term plan to address the immediate issue while we pursue the 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, describe it. Alternatively, if funding or other issues are delaying progress, 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 the public notice requirements within ten (10) days after issuing the notice [40 CFR 141.31(d)]. It is a good idea to inform your consumers when the violation has been resolved, especially if you have regular customers. IMPORTANT INFORMATION ABOUT YOUR DRINKING WATER Failure to Correct a Significant Deficiency Public Water System: Keller 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 sanitary survey conducted on 6 /8 /2023 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 all significant deficiencies. However, we failed to take this action by the deadline established by EPA. What should I do? There is nothing you need to do. You do not need to boil your water or take other corrective actions, unless further direction is received. 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 healthcare providers about drinking this water. General guidelines on ways to lessen the risk of infection by microbes are available from on the EPA Ground Water and Drinking Water Website at https://www.epa.gov/ground-water-and-drinking-water. 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. What is being done? We anticipate resolving the problem within a __________________ time frame by doing the following: ___________________________________________________________________________________________ ___________________________________________________________________________________________. *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.* Contact Person: ________________________ Phone: __________________ EPA Region 10 Tier 2 Public Notification Certification Form Public Water Systems must provide initial Tier 2 public notice as soon as practical, but no later than 30 days after EPA's Notice of Violation Letter. You must repeat Tier 2 public notices every three months until the violation has returned to compliance. Complete the section which corresponds to your water system type. Community Water Systems: Public notice mailed or directly delivered to all consumers receiving water within the form, manner and frequency required in 40 CFR 141.203. Provide information of another method used to reach others regularly served if they would not normally be reached by the method above. Such methods could include posting in public places or internet, newspapers, email, social media, delivery to community organizations, etc. Describe alternate method: _____________________________________________________________ Non-Community Water Systems: Public notice posted at _______________________________________ within the form, manner and frequency required in 40 CFR 141.203. Provide information of another method used to reach others served if they would not normally be reached by the method above. Such methods could include mail, posting on the internet, newspapers, email, social media, delivery to community organizations, etc. Describe alternate method: _____________________________________________________________ I hereby affirm that public notice has been provided to consumers in accordance with the delivery, content, format, and deadlines required in 40 CFR Part 141 Subpart Q. __________________________________________________________ Water System Name ______________________ PWS ID# _____________________________________________________ Signature ____________________ Date Email a copy of the public notice and this certification form within 10 days of completing initial public notice or any repeat public notice to: R10TribalDW@epa.gov 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. PWS ID: 105300006 System Name: Keller Primary Source: Groundwater Sanitary Survey Date: 6/8/2023 Notice of Deficiencies Date: 8/11/2023 Notice of Violation Date: 1/19/2024 Deficiency Original Due Date Operations & Management - The water system does not have a Cross Connection Control Program. Operations & Management - The water system does not have an operation and maintenance manual. Operations & Management - The water system does not have written standard operating procedures (SOPs) for operators. Operations & Management - The water system does not have an emergency response plan. 12/21/2023 12/21/2023 12/21/2023 12/21/2023 Schedule to Address Deficiency in Violation Milestone/Corrective Action Description Scheduled Date Accomplishments (date completed) 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 approved by (print) STAFF PERSON TITLE Signature Date closed date