Document ppKgzzMgoGQyewjE4nkEDjLyX
February 9, 2024
Nick Rich Klamath Tribes 34333 Hiway 97 N. Chiloquin, OR 97624
Failure to Monitor or Report Lead and Copper, Kla-Mo-Ya Casino, PWS ID 104100002
Dear Mr. Rich:
The Environmental Protection Agency (EPA) has not received adequate lead and copper sample results for the 7/1/2023 - 12/31/2023 compliance period, which constitutes a violation of the National Primary Drinking Water Regulations [40 CFR 141.86(c)]. Kla-Mo-Ya Casino is required to collect 20 lead and copper samples every 6 months at EPA-approved distribution sites. Results must be reported to the EPA by the tenth (10th) of the month following the sampling period [40 CFR 141.90(a)(1)].
To return to compliance Kla-Mo-Ya Casino must either: 1. If adequate samples were already collected, submit results to R10TribalDW@epa.gov as soon as possible. -OR2. Collect lead and copper samples from the sites listed in your Water Quality Monitoring Program (WQMP) during the next compliance period and submit results to R10TribalDW@epa.gov.
Additionally, Kla-Mo-Ya Casino 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).
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
Digitally signed by DEREK SCHRUHL
SCHRUHL
Date: 2024.02.09 18:26:31 -08'00'
For Karen Burgess
Manager
Groundwater and Drinking Water Section
cc: Ronald Alger, Kla-Mo-Ya Casino Beth Read, RCAC/EFC Region10
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