Volume 2, Number 3
       About
Enforcement Alert
 The  Enforcement Alert is
 published periodically by
 EPA's Office of Regulatory
 Enforcement. It informs and
 educates the public and
 regulated community  of
 important  environmental
 enforcement issues,  recent
 trends  and  significant
 enforcement actions.

 This  issue is  published in
 coordination with the Federal
 Facilities Enforcement Office.

 This information should help
 the regulated   community
 anticipate  and  prevent
 violations  of   federal
 environmental lawthat could
 otherwise lead to enforcement
 action.
 See Page 2 for useful EPA
 Websites   and  additional
 resources.
 Eric V. Schaeffer, Director
 Office of Regulatory
 Enforcement

 Craig E. Hooks, Director
 Federal Facilities
 Enforcement Office
 Editor Virginia Bueno, (202) 564-8684.
  bueno. Virginia @epamail. epa.gov.
  Layout & Design: Phyllis Nimeroff
  nimeroff.phyllis@epamail. epa.gov.
                              United States
                              Environmental Protection
                              Agency
                            Office of Enforcement
                            and Compliance
                            Assurance (2201A)
                    EPA 300-N-99-005
                    February 1999
Enforcement Alert
         ;i:^iiiki^Jid.t;.i^j..y.;i:i.i.iirarfaHgiirf:MiiiJtJJdi.w.T^j.ffama
          EPA SETTLES FIRST SDWA
          PENALTY CASE AGAINST
   FEDERAL FACILITY FOR $900,000
                     W
hat the Law
  States:
  In settlement of the  first Safe
    Drinking Water Act (SDWA)
penalty case against a Federal facility,
the Army's Red-
stone Arsenal, in
Huntsville, Ala.
agreed on Dec. 10
to pay a cash pen-
alty of $80,000 and
spend $807,000 on
                   " If the Administrator finds
                that a Federal agency has
                violated an applicable
                requirement under this
                subchapter, the Administrator
                may issue a penalty order
                assessing a penalty against
                the Federal agency." Safe
                Drinking Water Act, Section
                1447(b)(1)
                                  bacteria, harmful to people, to flourish
                                  in the water.
  supplemental envi-
  ronmental projects
  (SEPs).
     The settlement
  resolves an en-
  forcement action
  initiated in April,
  when EPA Region
  4 filed an adminis-
  trative penalty or-
  der against the
  U.S. Army Avia-
  tion and Missile
  Command, Red-
  stone Arsenal, for violations of the
  SDWA. The base was found to have
  violated requirements of the law that
  ensure the safety of the drinking wa-
  ter for the 22,000 people at the Red-
  stone Arsenal. Improper management
  of a drinking water system can allow
                 This is the first
              time the Agency has
              imposed a SDWA
              penalty against any
              Federal  agency.
              The  SDWA was
              amended in 1996,
              giving EPA penalty
              authority against
              Federal facilities for
              the first time.  The
              Redstone settlement
              is the largest drink-
              ing water penalty in
              Region 4 history.
                  This settle-
              ment resolves viola-
              tions uncovered dur-
              ing a 1997 multi-me-
^^^^^^_    dia inspection at the
              Redstone Arsenal.
The inspection and subsequent investi-
gation revealed that Redstone violated
the Surface Water Treatment Rule, To-
tal Coliform Rule, and Public Notifica-
tion Rule, including a maximum contami-
nant level (MCL) violation for total

              — continued on back
     The Federal Facilities Enforcement Office (FFEO) is responsible for
     ensuring that Federal facilities take all necessary actions to prevent,
     control, and abate environmental pollution.
                             http:/Avww. epa.gov/oeca/ore/enjalert

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                                           Enforcement Alert
coliform (bacteria). Redstone failed
to properly operate and maintain its
storage tanks and reservoirs, a wa-
ter main flushing program, and main-
tain adequate disinfectant residual in
the distribution system to meet MCLs
for total coliform. The $807,000 in
SEPs developed as part of the settle-
ment includes improvements to
Redstone's water system.

   The SEPs developed for Redstone
include the installation of a chlorine
monitoring system to enhance water
quality by allowing the facility to mea-
sure chlorine residual on an on-going
basis. In addition, operating computer
software for one of Redstone's water
treatment plants will be upgraded and
construction projects will address wa-
ter stagnation problems in some of the
supply lines. These SEPs will improve
Redstone's water system to help en-
sure the base's water supply is safe
while putting  less water purification
disinfectant into the environment.
         SUPPLEMENTAL ENVIRONMENTAL PROJECTS

       SEPs are environmentally beneficial projects that a defendant or
           respondent agrees to undertake in the settlement of an enforce-
   ment action, the performance of which is not otherwise legally required
   of the defendant or respondent.  EPA encourages the use of SEPs
   which are consistent with the SEP Policy in settling enforcement actions,
   including those at Federal facilities.  For more information about the SEP
   Policy, see EPA's SEP Policy website at: http://www.epa.gov/oeca/sep/.
 Useful  Resources
David Levenstein, OECA, FFEO:
(202) 564-2591;
levenstein.david@epamail.epa.gov

Mary-Kay Lynch, Dir., SRES, FFEO;
(202) 564-2574;
lynch.mary-kay@epamail.epa.gov

Adam Sowatzka, Region 4, Office
of Regional Counsel: (404)562-
9545; sowatzka.adam@epa.gov

Lisa Uhl, Region 4. Water Enforce-
ment Branch: (404) 562-9789;
uhl.lisa@epa.gov

Safe Drinking Water Hotline: (800)
426-4791 ;hotline-
sdwa@epamail.epa.gov

Office of Enforcement and
Compliance Assurance: http://
www.epa.gov/oeca/index.html

Federal Facilities Enforcement
Office:  http://www.epa.gov/oeca/
fedfac/fflex.html
  vvEPA
       United States
       Environmental Protection Agency
       Office of Regulatory Enforcement
       2201A
       Washington, D.C. 20460

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