Safe Drinking Water Act Enforcement: Tennessee Department of Environment and Conservation Related to Greene County, Tennessee Community 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 a January 12th Director’s Order and Assessment (“Order”) to North Greene Utility District, Incorporated (“NGUD”) regarding alleged violations related to the federal (Safe Drinking Water Act) and Tennessee (Tennessee Code Annotated § 68-221-701 et. seq.) provisions addressing drinking water. See Case No. DWS 17-0129.

NGUD is described as the owner, operator, and/or controller of a community public water system (“System”) in Greene County, Tennessee.

The System is described as sourcing its water from Lick Creek, along with purchases from other utility districts. It is stated to have 2,401 connections and a population of approximately 5,907 persons. Further, it is classified as a subpart H system (which includes systems using surface water).

TDEC personnel are stated to have conducted a final review for the System’s monthly compliance. The agency allegedly identified a failure to collect sufficient total coliform samples and the accompanying disinfectant residuals during the compliance period. Specifically, the System is alleged to have collected three samples instead of the required six.

Another final review was conducted for the quarterly compliance period ending June 30, 2017, which allegedly determined that the System failed to maintain the haloacetic acid constituents (HAA5) disinfection byproducts in water served to its customers below the Maximum Containment Level (“MCL”). It is alleged to have exceeded the MCL for HAA5 at three sites during the quarterly compliance period.

The Order assesses a civil penalty of $1,800. It also requires the submission of a Corrective Action Plan addressing certain alleged violations by a specific date. The Correction Action Plan must be implemented within one year of its approval.

A copy of the Order can be downloaded here.

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