Document zzB9jV1OE263EZBnB34mdanR0

October 3, 2024 TRANSMITTED VIA E-MAIL Mr. John Dominique Kings Court Mobile Home Park, Inc. P.O. Box 2159 Lafayette, LA 70502 dominiqueslivestock@gmail.com Re: Administrative Order; Docket Number: SDWA-06-2024-1234 PWS ID Number: LA1055132 Dear Mr. Dominique: Enclosed is an Administrative Order (Order) issued by the United States Environmental Protection Agency, Region 6 (EPA) concerning the Kings Court Mobile Home Park Water System (PWS). The Order requires Kings Court Mobile Home Park, Inc. (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 young.craig@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. The Order alleges that Respondent violated the Ground Water Rule (GWR) by failing to correct significant deficiencies identified in a sanitary survey conducted by the Louisiana Department of Health on May 24, 2021. This Order does not assess a monetary penalty; however, it does require compliance with the GWR treatment technique requirements pursuant to 40 C.F.R. 141.403 and 141.404. Please be aware that failure to comply with this Order may subject the Respondent to additional enforcement action by EPA, including the initiation of legal proceedings to seek monetary penalties. If you need assistance, or have questions regarding the Order, please contact Craig Young, of my staff, at (214) 665-2275. Sincerely, Digitally signed by CHERYL SEAGER Date: 2024.10.03 16:51:44 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Re: Kings Court Mobile Home Park, Inc. 2 Administrative Order, Docket Number: SDWA 06-2024-1234 Enclosure ec: pwsdhhcompliance@gmail.com caryn.benjamin@la.gov UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 In the Matter of Kings Court Mobile Home Park, Inc. Respondent PWS ID #: LA1055132 Docket No. SDWA-06-2024-1234 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. Kings Court Mobile Home Park, Inc. (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 Lafayette, Lafayette Parish, Louisiana, (facility), designated as PWS Identification Number LA1055132, and known as the Kings Court Mobile Home Park (MHP) Water System. 3. Respondent is a "supplier of water," as defined by Section 1401(5) of the Act, 42 U.S.C. 300f(5). In the Matter of Kings Court Mobile Home Park, Inc. LA1055132 Docket Number: SDWA-06-2024-1234 Page 1 of 4 4. During the relevant time period, Respondent's PWS was a "community water system" (CWS), as defined by Section 1401(15) of the Act, 42 U.S.C. 300f(15). Respondent was therefore subject to the requirements of the Act and the National Primary Drinking Water Regulations, 40 C.F.R. Part 141. 5. As a PWS and a "supplier of water," the Kings Court MHP Water System serves approximately 220 people with 60 service connections. 6. During the relevant time period, Respondent's PWS was subject to the requirements of the Ground Water Rule (GWR) as set forth in 40 C.F.R. 141.400 - 141.405. 7. The Louisiana Department of Health (LDH) administers the Public Water Supply Supervision Program in Louisiana pursuant to Section 1413 of the Act, 42 U.S.C. 300g-2. LDH has primary enforcement responsibility for the GWR. LDH and EPA have consulted regarding this Order, and it was agreed that EPA would initiate this enforcement action. 8. Pursuant to 40 C.F.R. 141.401, a sanitary survey inspection was conducted by LDH on May 24, 2021, to evaluate the source of water supply, pumps and pumping facilities, and management and operator qualifications. The following significant deficiencies were noted by LDH: a. Failure to submit updated treatment plans and specifications to LDH for approval as part of the treatment process at Well #2 in accordance with LAC 51:XII.319.D.1 and 105.A-B,D. 9. In a letter dated June 3, 2021, LDH notified Respondent of the significant deficiencies and required Respondent to correct the significant deficiencies and provide written notification to LDH of the completed corrective actions with ninety (90) days of receipt of the letter. Respondent violated 40 C.F.R. 141.403 by failing to address the significant deficiencies. 10. Pursuant to 40 C.F.R. 141.404(a), Respondent did not complete corrective action in accordance with any applicable State plan review processes or other State guidance and direction, including State specified interim actions and measures, nor is Respondent in compliance with a State-approved corrective action plan and schedule. Failure to meet these requirements is a violation of the GWR treatment technique requirements. In the Matter of Kings Court Mobile Home Park, Inc. LA1055132 Docket Number: SDWA-06-2024-1234 Page 2 of 4 11. On August 27, 2024, pursuant to Section 1414(a)(1)(A) of the SDWA, 42 U.S.C. 300g-3(a)(1)(A), EPA issued a Notice of Noncompliance (NON) to Respondent due to its noncompliance with the GWR and sent notice of the NON's issuance to LDH. 12. Pursuant to Section 1414(g)(2) of the SDWA, 42 U.S.C. 300g-3(g)(2), EPA conferred with LDH regarding this Order. SECTION 1414(g) COMPLIANCE ORDER Based on the foregoing findings and pursuant to the authority of Section 1414(g) of the Act, 42 U.S.C. 300g-3(g), EPA orders that Respondent take the following actions: A. Within thirty (30) days of receipt of this Order, Respondent shall address all significant deficiencies identified by LDH in the June 3, 2021 letter and shall submit a report to EPA and LDH indicating what actions have been taken and how the deficiencies have been addressed. If Respondent is technically unable to correct all deficiencies within thirty (30) days of this Order, Respondent shall submit to EPA, with a copy to LDH, a proposed plan, including a schedule, to achieve compliance and address all identified deficiencies. The plan shall be submitted to EPA for review and approval within thirty (30) days of this Order. B. The reporting required by this Order must be provided by Respondent to EPA and LDH at the following addresses: Craig Young Water Resources Branch (6EN-WR) Enforcement and Compliance Assurance Division U.S. EPA, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270-2102 young.craig@epa.gov Caryn Benjamin, P.E. Deputy Chief Engineer - Enforcement LDH-OPH, Engineering Services 628 N. Fourth Street P.O. Box 4489 Baton Rouge, LA 70821 caryn.benjamin@la.gov In the Matter of Kings Court Mobile Home Park, Inc. LA1055132 Docket Number: SDWA-06-2024-1234 Page 3 of 4 GENERAL PROVISIONS This Order is effective upon receipt by a representative of the PWS. Respondent may seek federal judicial review of the 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) 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). For purposes of the identification requirement in Section 162(f)(2)(A)(ii) of the Internal Revenue Code, 26 U.S.C. 162(f)(2)(A)(ii), and 26 C.F.R. 1.162-21(b)(2), performance of Paragraphs A and B of the Section 1414(g) Compliance Order Section of this Order is restitution, remediation, or required to come into compliance with the law. 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. K}U Date Digitally signed by CHERYL SEAGER Date: 2024.10.03 16:50:54 -05'00' _____________________________ Cheryl T. Seager, Director Enforcement and Compliance Assurance Division In the Matter of Kings Court Mobile Home Park, Inc. LA1055132 Docket Number: SDWA-06-2024-1234 Page 4 of 4