UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                                                                WSG37
                                                              Date Signed: April 21, 1988

MEMORANDUM

SUBJECT:   Coordination with State Officials on the Issuance of Notices of Violation under
             Section 1414 of the Safe Drinking Water Act

FROM:      John R. Trax, Chief
             Drinking Water Branch

TO:          Drinking Water Branch Chiefs
             Regions I - X

       At our March 24, 1988, Compliance and Enforcement conference call, a question was
raised on dealing with the States prior to the issuance of a notice of violation (NOV) to a public
water system for violations of the Safe Drinking Water Act (SDWA) or its implementing
regulations. Although we responded to this question at the conference call, we indicated that we
would provide you with written guidance on the matter.

       It has always been our position that coordination with the States is an essential
component of our enforcement program. We have suggested, for example, that you hold
quarterly meetings with your State counterparts to discuss SNCs and exception systems and to
coordinate enforcement efforts. Further, the State-EPA enforcement agreements should lay out
the process for coordinating enforcement efforts in some detail.

       States, thus, have a critical role to play in enforcing  the drinking water regulations and we
must do all that we can to keep our relationships with them both positive and productive. To this
end, several Regions have worked  extensively with their States and have established procedures
defining each partys roles and responsibilities prior to the issuance of an NOV. Where this has
been done, the enforcement process appears to be working smoothly.

       While it is important to keep States involved in the enforcement process, please
remember that the States are not given the statutory right to review or concur on NO Vs. Under
Section 1414, whenever EPA finds a violation, EPA is to notify the State and the public water
system (that is, issue the NOV) and if beyond the 30th day after this  notification, the State  has
not commenced an appropriate enforcement action, EPA is  to issue an order requiring the system
to comply. [Section 1414(a)(l)(B).] Therefore, technically,  EPA is to issue the NOV to the
system and the State and then discuss  the issue and provide advice and technical assistance to the
system in violation. While I am not suggesting that you adopt this exact procedure, I believe that
it is important to realize that the  States cannot delay Federal enforcement actions and that the
SDWA mandates the issuance of NOVs to systems in violation of drinking water regulations
regardless of whether the State agrees with this action.
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                                                                                WSG37

       In summary then, it is our position that the States play a critical role in the enforcement of
the drinking water regulations and we should coordinate enforcement efforts with them as much
as possible. However, the desire to coordinate with the States on enforcement matters must be
balanced against the very specific responsibilities the SDWA imposes on EPA. We believe that
the best way to reconcile these two responsibilities is to work with your States, both through
routine meetings and the Enforcement Agreement process, as many of you have already done to
develop procedures and to define the roles and responsibilities of the respective parties.

       I hope that this clarifies our policy. Should you have any questions, please feel free to call
me or any member of my staff.
cc:    Carl Reeverts
       Paul Baltay
       PWS Enforcement Coordinators

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