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Pacific Southwest, Region 9

Serving: Arizona, California, Hawaii, Nevada, Pacific Islands, Tribal Nations

Notice of Consent Agreement and Final Order for Penalties in the Matter of: Department of the Interior, Bureau of Indian Affairs Hopi Agency, BIA Keams Canyon Public Water System

Date Final Order Issued: September 19, 2013

In the Matter of: Department of the Interior, Bureau of Indian Affairs Hopi Agency, BIA Keams Canyon Public Water System

Docket No. SDWA-09-2013-0001

The U.S. Environmental Protection Agency (EPA), Region 9, has entered into a Consent Agreement and Final Order with the U.S. Department of the Interior and its Bureau of Indian Affairs (BIA) Hopi Agency (Respondents) under the authority of section 1447(b) of the Safe Drinking Water Act (SDWA), 42 U.S.C. § 300j-6, for violations of the SDWA and its regulations at the BIA Keams Canyon Public Water System, located on the Hopi Indian Reservation, Keams Canyon, Arizona. Pursuant to the Final Order, Respondents agree to pay a civil administrative penalty of $136,000 for their violations of the SDWA’s arsenic maximum contaminant level and for their violations of the SDWA’s monitoring requirements for both arsenic and disinfection byproducts.

EPA is authorized under section 1447(b) of the SDWA, 42 U.S.C. § 300j-6, to issue an order assessing an administrative penalty against federal agencies for violations of the applicable requirements of the SDWA. The applicable requirements of the SDWA include the maximum contaminant level for arsenic at 40 C.F.R. § 141.62(b), the arsenic monitoring requirements at 40 C.F.R. § 141.23, and the disinfection byproducts monitoring requirements at 40 C.F.R. § 141.130.

In accordance with section 1447(b) of the SDWA, 42 U.S.C. § 300j-6(b), and the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, 40 C.F.R. Part 22, § 22.43(c), EPA is hereby providing public notice that any interested person may obtain review of the Consent Agreement and Final Order in the United States District Court for the District of Columbia or in the United States District Court for the District of Nevada within the 30-day period beginning on the date the Final Order became final (noted above).

In the Matter of: Department of the Interior, Bureau of Indian Affairs Hopi Agency, BIA Keams Canyon Public Water System

Docket No. SDWA-09-2013-0001

EPA: Kathleen H. Johnson, Director, Enforcement Division, U.S. EPA, Region IX,
75 Hawthorne Street, San Francisco, CA 94105

Respondents:  Department of the Interior and its Bureau of Indian Affairs Hopi Agency.

Description of Business or Activity Conducted by the Respondents:  Respondents own and operate the Keams Canyon Public Water System on the Hopi Reservation, Keams Canyon, Arizona.

Alleged Violations: EPA alleges that Respondents violated the SDWA and 40 C.F.R. § 141.62(b) by failing to meet the maximum contaminant level for arsenic in drinking water delivered through the Keams Canyon public water system from July 2008 until BIA installed a new arsenic treatment system in February 2012. EPA also alleges that Respondent violated the SDWA and 40 C.F.R. § 141.23 by failing to monitor for arsenic on a consistent quarterly basis from July 2008 until April 2011, at which point Respondents commenced consistent quarterly monitoring for arsenic. EPA also alleges that Respondents violated the SDWA and C.F.R. § 141.130 by failing to monitor for disinfection byproducts (total trihalomethanes) in 2008, 2009 and 2010. Respondents conducted the required disinfection byproduct monitoring in 2011 and 2012. Respondents are currently in compliance with the SDWA and its applicable requirements at the Keams Canyon public water system.

Final Order:  The Final Order requires Respondents to pay a civil administrative penalty of $136,000 to the United States Treasury for the violations alleged above. The Final Order is available through the link at the bottom of this notice.

Date Final Order Issued:  September 19, 2013

Obtaining Judicial Review of the Final Order:
Any interested person may obtain judicial review of the Final Order (penalty order) pursuant to section 1447(b) of the SDWA, 42 U.S.C. § 300j-6(b). The review may be obtained in the United States District Court for the District of Columbia or in the United States District Court for the District of Nevada by the filing of a complaint with the court within the 30-day period beginning on the date the penalty order becomes final. The person filing the complaint shall simultaneously send a copy of the complaint by certified mail to the EPA Administrator and the Attorney General of the United States.
In addition, pursuant to 40 C.F.R. § 22.43(c)(6), person seeking judicial review shall provide copies of any appeal to the persons described in 40 C.F.R. § 135.11(a)(3).

For More Information:

It may also be inspected at the office of the Regional Hearing Clerk during normal business hours.  Federal regulations are available online at www.gpoaccess.gov/cfr.
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