Summary

In accordance with Section 1423(c)(3)(B) of the Safe Drinking Water Act (“SDWA”), 42 U.S.C. § 300h-2(c)(3)(B), notice is hereby given of a proposed agreement, set forth in an Proposed Administrative Order on Consent (“Proposed Consent Order”), between the U.S. Environmental Protection Agency, Region 9 (“EPA”), and United States Department of Agriculture, Region 5 (“Respondent”). The Proposed Consent Order requires Respondent to correct alleged ongoing violations of the SDWA as further described below. This notice invites the public to submit comments on the Proposed Consent Order.

In the Matter of USDA, Pacific Southwest Region

Docket No. SDWA-UIC-AOC-2018-004

The Proposed Consent Order requires Respondent to close sixty-two (62) large capacity cesspools (“LCCs”) that are currently being operated in violation of the ban codified at 40 C.F.R. § 144.88 on existing LCCs that took effect on April 5, 2005. The Proposed Consent Order provides an enforceable schedule for the Respondent to come into compliance with the ban. Respondent has agreed to bring all non-compliant systems into compliance with the SDWA by December 31, 2020.

EPA: Michael Stoker, Regional Administrator, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105
Respondent: USDA, Pacific Southwest Region
Facility: Multiple National Forests in California
Description of Business or Activity Conducted by the Respondent: Public Lands
Alleged Violations: EPA alleges that, since April 5, 2005, Respondent owned and/or operated sixty-two LCCs on Forest Service lands in California in violation of the LCC ban. The continued operation of these LCCs is an ongoing violation of 40 C.F.R. § 144.88 and the SDWA.