Non-Compliance Letter to WASA
1650 Arch Street
Philadelphia, Pennsylvania 19103-2029
BY FACSIMILE AND
CERTIFIED FIRST CLASS MAIL
Jerry N. Johnson March 31, 2004
District of Columbia Water and Sewer Authority
5000 Overlook Ave., SW
Washington, DC 20032
Dear Mr. Johnson:
As you may be aware, over the past several weeks, the United States Environmental Protection Agency Region III ("EPA") has been conducting an audit of the District of Columbia Water and Sewer Authority's ("DCWASA") compliance with the Lead and Copper Rule, specifically focusing on 40 C.F.R. Sections 141.84, 141.85 and 141.90. That compliance audit remains ongoing, and EPA is continuing to evaluate additional information as it becomes available.
Based on the information reviewed to date, EPA believes that DCWASA failed to comply with the provisions listed below. As EPA's continues to review DCWASA's compliance with the Lead and Copper Rule, EPA may identify other areas of non-compliance.
1. On information and belief, DCWASA failed to comply with the lead service line replacement sampling requirements of 40 C.F.R. § 141.84 (d)(1), by failing to conduct follow-up sampling within 72 hours after the completion of the partial replacement of a lead service line during the compliance period ending September 30, 2003.
2. On information and belief, DCWASA failed to comply with the Public Education requirements of 40 C.F.R. § 141.85 (b) by failing to use the required language for public service announcements submitted to television and radio stations for broadcasting during the six-month compliance periods ending October 2002, April 2003, and October 2003.
3. On information and belief, DCWASA failed to comply with the Public Education requirements of 40 C.F.R. § 141.85(c)(2)(i) by failing to use the required language in notices inserted in each customer’s water utility bill during August 2003.
4. On information and belief, DCWASA failed to conduct public service announcements every six months as required of 40 C.F.R. § 141.85 (c)(3) during the compliance period beginning April 2003.
5. On information and belief, Respondent failed to submit tap water monitoring for lead and copper within the first ten days following the end of the monitoring period ending June 30, 2002, as required of 40 C.F.R. § 141.90 (a).
6. On information and belief, Respondent failed to comply with the Public Education reporting requirements of 40 C.F.R. § 141.90(f) by failing to send written documentation to EPA within ten days after the end of each period in which the system is required to perform public education during the compliance period ending October 31, 2002.
If DCWASA believes it has not violated the provisions set forth above, or if DCWASA has any information relevant to its compliance with the provisions set forth above that it believes EPA should consider, please provide any relevant information to EPA within twenty-one (21) days of receipt of this letter. If this information has been provided in your response to the Information Request dated March 31, 2004, please note which response provides documentation of compliance. The information should be sent to:
Karen D. Johnson (3WP32)
Chief, Safe Drinking Water Act Branch
United States Environmental Protection Agency
1650 Arch Street
Philadelphia, PA 19103-2029
We appreciate your cooperation, and the cooperation of your staff, in connection with EPA's compliance audit. Please be aware that neither this letter nor EPA's decision to conduct a compliance audit limits EPA's ability to take an enforcement action against any person, including, but not limited to DCWASA. If you have any questions, please contact Karen Johnson at (215) 814-5445. Thank you for your cooperation in this matter.
Jon M. Capacasa
Water Protection Division