In January, 2006, the U.S. Environmental Protection Agency (“EPA”) promulgated Long Term 2 Enhanced Surface Water Treatment Rule (“LT2”) to protect public health from illness due to Cryptosporidium and other microbial pathogens found in sources of drinking water. EPA is concerned that uncovered finished water storage facilities can lead to degradation of water quality and health risks, and is therefore requiring public water systems to meet the conditions listed below.
By April 1, 2009, water systems were required to:
- cover any uncovered finished drinking water storage facilities; or
- treat the discharge from the uncovered finished water storage facility for viruses and other microbes using a protocol approved by the State; or
- be in compliance with a State-approved schedule to meet conditions (1) and/or (2).
The City chose to comply with condition (3) above, which is to be in compliance by April 1, 2009 with a State-approved schedule for covering its five open drinking water storage facilities and/or installing treatment facilities that treat the drinking water prior to being discharged into the distribution system.
In accordance with condition (3) above, on January 12, 2009, the City submitted a proposed schedule (Schedule) to the Maryland Department of the Environment (MDE). The initial schedule was changed as requested by MDE and resubmitted on March 31, 2009. On April 1, 2009, the MDE approved the City’s Schedule to cover or treat discharge from these uncovered finished water storage reservoirs by December 31, 2018. The City currently plans to replace three of the reservoirs with tanks, and to install treatment facilities at the other two reservoirs.
On July 20, 2009, the EPA issued a Notice of Violation because the City’s Schedule should have been incorporated into an enforceable agreement by April 1, 2009. The City contends it did not receive MDE’s proposed settlement agreement (Settlement Agreement) until May 8, 2009. On September 2, 2009, the City signed the Settlement Agreement with the MDE, which incorporated the Schedule that MDE had approved on April 1, 2009.
The EPA maintains that the City failed to comply with LT2 because it failed to sign an enforceable agreement for its Schedule by the April 1, 2009 deadline. Such a violation of drinking water regulations requires the City to issue a notice to the public for this violation of the LT2.