Document o3xzD7D4ZRnmzD73Jmr61NnR

February 8, 2024 Tony Berkson Nisqually Indian Tribe 4820 She-Nah-Num Dr. S.E. Olympia, WA 98513 Failure to Monitor or Report Nitrate and Failure to Submit Lead Consumer Notice and Certification, Cuyamaca, PWS ID 105300089 Dear Mr. Berkson: The Environmental Protection Agency (EPA) has not received nitrate sample results for the 1/1/2023 12/31/2023 compliance period, which constitutes a violation of the National Primary Drinking Water Regulations [40 CFR 141.23(a)]. Cuyamaca is required to collect one nitrate sample every year. Results must be reported to the EPA by the tenth (10th) of the month following the sampling period [40 CFR 141.31(a)]. Timely testing for nitrate is essential because nitrate poses short-term health risks to infants at elevated levels. To return to compliance Cuyamaca must either: 1. If samples were already collected, submit results to R10TribalDW@epa.gov as soon as possible. -OR2. Collect nitrate samples from sample site NC-09 as soon as possible and submit results to R10TribalDW@epa.gov. Additionally, Cuyamaca must: 1. Distribute Tier 3 Public Notification (PN) within 1 year of receiving this letter [40 CFR 141.204(b)]. -AND2. Submit a copy of the PN that was distributed and the completed PN 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. For community water systems only, the annual Consumer Confidence Report (CCR) may be used as a vehicle for the initial Tier 3 public notice, and all required repeat notices, instead of individual Tier 3 public notices, under 40 CFR 141.204(b)(2). Also, The Environmental Protection Agency (EPA) has not received a documentation that Cuyamaca provided consumer notices of individual lead tap results to its customers for for the 6/1/2023 - 9/30/2023 compliance period, which constitutes a violation of the National Primary Drinking Water Regulations [40 CFR 141.90(f)(3)]. All water systems that sample for lead and copper must provide a consumer notice of individual lead tap results to each location where samples were taken within 30 days of receiving results [40 CFR 141.85(d)]. One example copy of a consumer notice that was distributed, along with a certification that the consumer notices contained all required information must be submitted to EPA within 90 days following the end of the compliance period [40 CFR 141.90(f)(3)]. To return to compliance Cuyamaca must either: 1. If lead consumer notices were already delivered to customers, submit one example copy of a notice to R10TribalDW@epa.gov as soon as possible. The certification form was previously submitted. -OR- 2. Distribute consumer notices of individual lead tap results to customers and submit one example copy along with the certification form to R10TribalDW@epa.gov as soon as possible. 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, DEREK SCHRUHL Digitally signed by DEREK SCHRUHL Date: 2024.02.09 18:11:55 -08'00' For Karen Burgess Manager Groundwater and Drinking Water Section cc: Arthur Gouley, Nisqually Indian Tribe 2 Nich Kirsten, Nisqually Indian Tribe Quinn Andreas, RCAC/EFC Region 10 3