The District of Columbia Water and Sewer Authority (WASA) today announced its decision to challenge the administrative complaint and $27,500 civil penalty filed against it today by the U.S. Environmental Protection Agency (EPA). In its complaint, EPA cites the Authority for alleged reporting violations associated with a 2004 Safe Drinking Water Act administrative order addressing past problems of elevated lead levels found in some homes in the District.

The EPA complaint alleges data mismanagement and inconsistent reporting – factors which EPA claims, delayed the agency’s review of WASA’s tap water samples and lead service line replacement program. It should be noted that the EPA complaint has no effect on any water quality issues. EPA’s subsequent review of sampling data confirms the continuing decline in lead levels in water to levels that meet federal regulations.

In reaction today to the EPA citation, WASA General Manager Jerry N. Johnson said the Authority plans to aggressively and vigorously challenge the complaint to the maximum extent possible.

“WASA has gone beyond EPA requirements in the number of lead service lines replaced and other activities undertaken to meet customer expectations for water quality,” Johnson said. “Our priority has been to ensure water quality for the District, and we’ve done that by working through a series of federal regulations with inconsistent guidance from EPA.”

WASA said that any data in its reports that was later questioned by either EPA or WASA was addressed in a manner consistent with federal regulations and the full knowledge and consent of U.S. EPA, Region 3.

“WASA is spending literally billions of dollars to comply with various public interest needs identified by EPA,” Johnson said. “The assessment of a $27,500 penalty is unfair to residents of the District and a blatant example of EPA’s response to WASA’s efforts to cooperate and meet and exceed customer expectations in the regulatory environment in which we operate.”

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