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EPA CITES NGB FOR VIOLATING ORDER

Release Date: 08/04/1999
Contact Information: Elizabeth Higgins, (617) 918-1051

Boston - The New England office of the Environmental Protection Agency (EPA) today issued a notice to the National Guard Bureau for violating EPA's Administrative Order requiring study of environmental conditions at Camp Edwards, warning that it may assess penalties for the dozens of violations. EPA cited the National Guard Bureau for missing key deadlines for completing a groundwater study. These include delays in the installation of groundwater monitoring wells, failure to conduct sampling and analysis from existing wells, delays in sampling from other monitoring wells, and failure to submit or delays in submitting workplans for various aspects of the required study.

"I remain concerned about the pace of the studies given the importance of the sole source aquifer," said John P. DeVillars, EPA's New England administrator. "I regret that it may be necessary to impose penalties to spur on the Guard Bureau." DeVillars said that "today's letter will not come as a surprise to the NGB as we have been warning them for more than a month about needing to step up the pace of activities or face the possibility of penalties."

EPA's Administrative Order was issued under the Safe Drinking Water Act which allows the agency to take enforcement action for noncompliance.

"These violations are significant. They warrant immediate attention," said DeVillars. "We must avoid future delays in the progress of the groundwater study. We are not assessing penalties today but are urging the Guard Bureau to meet with us so that we can be assured that the study will move forward on schedule."

EPA sent a formal six-page-letter to the Major Joseph Knott of the NGB detailing the 40 violations and warning of the possibility of penalties. EPA acknowledged that the NGB has discussed some of these violations and has worked with the agency to minimize the length of the delays. But EPA reminded the NGB that if deadlines cannot be met the NGB must either receive a written deadline extension from EPA or prove that a major obstacle occurred that prevents compliance with the workplan or schedule. The Safe Drinking water Act allows for penalties to be assessed up to $25,000 per day for each violation.

"Our goal here is to move the study along and to see that it is done both quickly and well. I think it's fair to say that we will not be seeking the maximum penalties but look forward to meeting with the Guard to establish a commitment from them to keep to the schedules already laid out," said DeVillars.