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Public Notice: USDA Forest Service, Southwestern Region; Proposed Safe Drinking Water Act Underground Injection Control Program Administrative Order on Consent and Opportunity to Comment

Publish Date: 07/15/2019


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, Forest Service Region 3 (“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 Forest Service, Southwestern Region
Docket No. SDWA-UIC-AOC-2019-0001

The Proposed Consent Order requires Respondent to close fifteen (15) 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, 2024.

EPA: Michael Stoker, Regional Administrator, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105

Respondent: USDA Forest Service, Southwestern Region

Facility: Multiple National Forests in Arizona

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 fifteen LCCs on Forest Service lands in Arizona 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.

For More Information

Persons wishing to comment upon the Administrative Order on Consent may contact the EPA Region IX Enforcement Officer for this matter at the address identified above. Please note that the federal regulations are available online at the Code of Federal Regulations (CFR) website. Unless otherwise noted, the public record for the proceeding is located at the office of the Region IX Enforcement and Compliance Assurance Division (address at right) and the file will be open for public inspection during normal business hours.