Safe Drinking Water Act Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Carter County Public Water System

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Tennessee Department of Environment and Conservation (“TDEC”) issued an April 15th Director’s Order and Assessment (“Order”) to Peters Hollow Water System, Inc. (“Peters Hollow”). See Case No. DWS23-0189.

The proposed Order states that Peters Hollow owns, operates, and/or controls a community public water system (“System”) in the City of Elizabethton.

The Peters Hollow System is stated to obtain its water from two wells that are classified as not under the direct influence of surface water (i.e., “true groundwater”). Further, the System is stated to serve 85 connections and a population of approximately 201 persons.

The TDEC Division of Water Resources (“Division”) is stated between November of 2020 and January 2024 to have performed file reviews of the System. Such file reviews are stated to have identified the following violations:

  • Sampled for the disinfection byproducts total trihalomethanes (“TTHM”) and haloacetic acids 5 (“HAA5”) on September 14, 2020, instead of the week of August 19, 2020, as required in the approved monitoring plan.
  • Failed to perform a Tier 3 public notice for failure to monitor for TTHM and HAA5 the week of August 19, 2020, in accordance with the approved monitoring plan.
  • Failure to submit an accurate calendar year 2021 Consumer Confidence Report (“CCR”).
  • Failure to monitor for the secondary contaminants color and odor by the required date of June 4, 2023.
  • Failure to submit the calendar year 2022 CCR by July 1, 2023.
  • Failure to monitor for radionuclides during the required calendar year 2023 time period.

The proposed Order requires the payment of $12.40 in damages to the Division and assesses a total civil penalty of $1,500.

An additional requirement is to timely publish to its customers and submit to the Division accurate CCRs on or before July 1st of each year and provide certification of distribution on or before October 1 of each year the proposed Order is in effect.

The Order provides certain appeal rights.

A copy of the Order can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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