2013-june-4 epa issues proposed administrative compliance order for pineview estates sewer

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EPA (Enforcement Division Director Kathleen Johnson) issues an adminsitrative compliance order to PTP (c/o Howard Yarborough), allottee Leon Mar Kizer, and HOA (c/o attorney Judy Sheldrew).Dated June 4, 2013.CC:d to Mr. Kizer's attorney. The proposed compliance order allows all three respondents to request a hearing and/or provide comment. It alleges the following noncompliance with section 1423(c)(3)(A) of the Safe Drinking Water Act:1. nitrate levels monitored between 2010 and 2012 were higher than allowed at 10 mg/liter, and 2. fecal coliform levels monitored between 2010 and 2012 were higher than allowed (no fecal coliform is allowed)3. these results show the leachfields contaminated an underground source of drinking water."Paragraph 19 of the proposed administrative order cites Bureau of Indian Affairs' finding of no significant impact in March 1999 prior to PTP's development of Pine View Estates.Paragraph 29 of the proposed administrative order cites PTP's effort to renew the UIC permit on April 29, 2009.Paragraph 31 of the proposed administrative order alleges that the HOA "informally assumed the UIC Permit's operation, maintenance, and monitoring responsibilities."Paragraph 41 requires Mr. Kizer, PTP, and the HOA to submit a compliance plan that describes replacement of Leachfield A within 30 days after the proposed order is issued, stop using Leachfield A within 60 days, weekly monitor for nitrate-nitrogen and fecal coliform, and submit a final engineering report for the compliance plan for Leachfield A.Source: EPA FOIA Production, April 2015.

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