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Public Notice: 2016-02, In the matter of the Town of Florence Highway Department


EPA is providing notice of a proposed administrative order with penalty for alleged violations of the Safe Drinking Water Act (Act). EPA is also providing notice of opportunity to comment on the proposed administrative order.

Part C of the Safe Drinking Water Act (SDWA) specifically mandates regulation of the underground injection of fluids through wells to ensure that the quality of underground sources of drinking water is protected. Section 1422 of the SDWA requires the EPA to administer UIC programs in states that do not have approved UIC programs. New York has not acquired primacy over the UIC program pursuant to 40 C.F.R. Part 147 and, therefore, the EPA administers the program in New York.

The Proposed Administrative Order addresses a well that is owned/operated by Town of Florence Highway Department, 1873 Thompson Corners – Florence Road, Camden, NY 13316 (Respondent).

Respondent, without authorization by rule or permit, injected industrial wastewater into drains leading to an injection well (septic system). Respondent therefore failed to comply with 40 C.F.R. §144.11.

The fluids were injected into or above an aquifer, which is an underground source of drinking water (USDW), as defined in 40 C.F.R. §144.3 and §146.3. Respondent's actions may have caused a violation of primary drinking water regulations or may otherwise adversely affect the health of persons and, therefore, Respondent is in violation of 40 C.F.R. §144.12.

Program/Statute: Safe Drinking Water Act (SDWA)

Applicant/Respondent(s): Town of Florence Highway Department, 1873 Thompson Corners – Florence Road, Camden, NY 13316

Proposed action:  Complaint, Notice of Violation, Proposed Administrative Order and Opportunity to Request a Hearing

Permit or application number: N/A

Docket ID: SDWA-02-2015-8901

Proposed Penalty: $11,788

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