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Three environmental organizations sent a November 15th Notice of Intent to Sue (“NOI”) to the United States Environmental Protection Agency (“EPA”) alleging the failure to perform certain non-discretionary duties required by the Safe Drinking Water Act (“SDWA”).
The three organizations include:
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Waterkeeper Alliance, Inc.
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Waterkeepers Chesapeake, Inc.
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California Coastkeeper d/b/a Coastkeeper Alliance
(collectively “Waterkeepers”)
The November 15th NOI alleges that EPA has failed to perform the following SDWA non-discretionary duties:
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Failure to revise the existing National Primary Drinking Water Regulations for tetrachloroethylene and trichloroethylene
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Failure to revise the existing National Primary Drinking Water Regulations for chlorite, cryptosporidium, haloacetic acids, heterotrophic bacteria, giardia lamblia, legionella, total trihalomethanes, and viruses
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Failure to make revise/not revise decisions during Six-Year Review 2 and Six-Year Review 3
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Failure to review and revise the existing National Primary Drinking Water Regulations for total chromium/hexavalent chromium
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Failure to make the fourth regulatory determination
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Failure to publish the fifth Candidate Contaminant List
Waterkeepers also states that it intends to file suit to compel performance of certain continuing duties which include:
The NOI states that Waterkeepers intends to file suit for the alleged previously nondiscretionary duties pursuant to Subsection 1449 (i.e., the Citizen Suit provision) of the SDWA.
A copy of the NOI can be found here.
