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Pacific Southwest, Region 9

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

Notice of Proposed Administrative Order for Safe Drinking Water Act Violations and Opportunity to Comment in the Matter of the Pine View Estates Subdivision, PTP Inc., Leon Mark Kizer, and the Pine View Estates Homeowners’ Association

Publication Date: June 11, 2013
Public Comment Closes: July 13, 2013
In the Matter of the Pine View Estates Subdivision, PTP Inc., Leon Mark Kizer, and the Pine View Estates Homeowners’ Association
Docket No. CWA-09-2013-0001

The U.S. Environmental Protection Agency (EPA), Region 9, provides this public notice of its proposal to issue an Administrative Order for Compliance (Proposed Order) under the authority of Section 1423(c) of the Safe Drinking Water Act (SDWA), 42 U.S.C. § 300h-2(c), to PTP Inc., Leon Mark Kizer, and the Pine View Estates Homeowners’ Association (collectively referred to as “the Respondents”), for violations of the Underground Injection Control (UIC) Program regulations and the SDWA at the Pine View Estates Subdivision, Douglas County, Nevada. 

EPA is authorized under Section 1423(c) of the SDWA, 42 U.S.C. § 300h-2(c), to issue an administrative order, with or without the assessment of penalties, against any person who fails to comply with the requirements of UIC Program regulations enacted in accordance with Part C of the SDWA, 42 U.S.C. Part 300h. The UIC Program regulations at 40 C.F.R. Part 144 were enacted in accordance with Part C of the SDWA, 42 U.S.C. Part 300h.

In accordance with Section 1423(c)(3)(B) of the SDWA, 42 U.S.C. § 300h-2(c)(3)(B), EPA is hereby providing public notice of, and opportunity to comment on, this Proposed Order in the following matter:

In the Matter of the Pine View Estates Subdivision, PTP Inc., Leon Mark Kizer, and the Pine View Estates Homeowners’ Association

Docket No. UIC-09-2013-0001

Complainant: Kathleen H. Johnson, Director, Enforcement Division, U.S. EPA, Region 9,
75 Hawthorne Street, San Francisco, CA 94105

Respondents:

  • PTP Inc.
  • Pine View Estates Homeowners Association
  • Mr. Leon Mark Kizer

Description of Business or Activity Conducted by the Respondents: Respondents own and/or operate the Pine View Estates wastewater treatment system, located at Pine View Estates Subdivision, Douglas County, Nevada, adjacent to State Highway 395, Public Domain Allotment CC-234

Alleged Violations: EPA alleges that Respondents failed to comply with the SDWA UIC Program requirements at 40 C.F.R. § 144.12(a), 144.82(a), 40 C.F.R. § 144.51(a), and 42 U.S.C. § 300h, which prohibit the operation of a Class V well in a manner that allows the movement of fluid containing any contaminant into underground sources of drinking water, if the presence of the contaminant may cause a violation of any primary drinking water regulation under 40 C.F.R. Parts 141 or 142 or otherwise adversely affect the health of persons.  EPA alleges that Respondents’ ownership and/or operation of Class V wells comprising part of the Pine View Estates wastewater treatment system may cause an exceedence of the primary drinking water standard for nitrates and fecal coliform.

Proposed Order: The Proposed Order would require Respondents to submit a compliance plan for EPA’s review and approval to bring the Pine View Estates wastewater treatment system into compliance with the UIC Program and the SDWA, and then implement the compliance plan. The Proposed Order is available through the link at the bottom of this notice.

Date Proposed Order Filed with Regional Hearing Clerk:  June 4, 2013

Name, Mailing Address, and Telephone Number of Regional Hearing Clerk:
Regional Hearing Clerk
U.S. Environmental Protection Agency, Region IX
75 Hawthorne Street (ORC-1)
San Francisco, CA 94105
(415) 972-3919
r9hearingclerk@epa.gov

Instructions for Submitting Comments:

Persons wishing to comment upon the Proposed Order are invited to submit comments by mail or e-mail to the EPA Regional Administrator, attention of the Regional Hearing Clerk (address above), referencing the docket number for this matter (UIC-09-2013-0001), within 30 days of the date of this public notice.  Written comments must be received (if sent by e-mail) or postmarked (if sent by U.S. mail) on or before the comment closure date noted above.

All comments on the Proposed Order that EPA receives will be available to the public, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through e-mail.  If you send e-mail directly to the EPA, your e-mail address will be automatically captured and included as part of the public comment. Please note that an e-mail or postal address must be provided with your comments if you wish to receive direct notification of EPA’s final decision regarding this Proposed Order.

All comments received within this 30-day period will be considered prior to the issuance of a Final Order. In accordance with section 1423(c)(3)(C) of the SDWA, 42 U.S.C. § 300h-2(c)(3)(C), any person who comments on the Proposed Order will be given notice of any hearing that might be held on the Proposed Order, and if any hearing is held, shall have a reasonable opportunity to be heard and to present evidence.   

If the 30th day of this comment period falls on a Saturday, Sunday or federal holiday, the comment deadline shall be extended to the next business day.

For More Information:

The Proposed Order 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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