Document omBJ7jDmRqOMrwDQ2n4oGxkDR
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10
1200 Sixth Avenue, Suite 155
Seattle, WA 98101
WATER DIVISION
February 6, 2023
Mr. Joseph Bob Nooksack Indian Tribe P.O. Box 157 Deming, WA 98244
Re: Violation for Failure to Monitor and Report Asbestos Rutsatz Road, PWS ID 105300088
Dear Mr. Bob:
The EPA did not receive sample results for Asbestos for 1/1/2020 - 12/31/2028 as required under the National Primary Drinking Water Regulations (NPDWR), according to 40 CFR 141.23. As a result, Rutsatz Road is in violation of the NPDWRs.
Rutsatz Road is currently scheduled to take 1 sample every 9 years at Rutsatz Road Pump House. For the 1/1/2020 - 12/31/2028 monitoring period, samples must be collected during the three-year timeframe of 1/1/2020 - 12/31/2022. Results must be reported to the EPA by the 10th of the month following the sampling period.
To return to compliance you must either: 1. Submit Asbestos sample results from 1/1/2020 - 12/31/2022, if a sample was collected during the period. OR 1. Collect Asbestos samples at Rutsatz Road Pump House 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).
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
Digitally signed by KAREN BURGESS
BURGESS
Date: 2023.02.06 20:15:18 -08'00'
Karen Burgess, Manager
Groundwater and Drinking Water Section
cc: Sandy Redsteer, Indian Health Service