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National Enforcement Initiatives for Fiscal Years 2008 - 2010:
Indian Country
Planning Topics
Annual Results Report
For additional civil and criminal compliance and enforcement results, see:
On February 22, 2010, EPA renamed its "National Enforcement Priorities" to "National Enforcement Initiatives" and announced the Agency’s National Enforcement Initiatives for the 2011-2013 fiscal years.
On this page:
- Problem
- Approach
- Key Results
- Highlights
- Transition to the FY 2011-2013 National Enforcement Initiative
Problem
Pollution of the air, water and land in Indian country and in other tribal areas may pose significant threats to the health and environment of members of the 564 federally-recognized Indian tribes. Pollution may seriously damage ecosystems and tribal members can face increased risk from pollution because of subsistence hunting, fishing, and gathering practices.
Approach
In FY 2010, EPA continued to focus national attention on three areas in Indian country:
- improving compliance at public drinking water systems;
- improving solid waste management compliance and assessing and investigating incidents of illegal dumping; and
- improving multimedia compliance at schools.
In each area, EPA worked with Indian tribes to improve compliance at facilities through integrated use of compliance assistance, compliance monitoring, and enforcement, including addressing facilities in significant noncompliance.
This national initiative also sought to enhance the ability of EPA and Indian tribes to monitor compliance in Indian country through access to readily available, accurate and reliable data and training tribal compliance monitoring inspectors and other tribal environmental professionals.
To ensure protection of public health and the environment in Indian country, EPA developed theIndian country strategy summary of 2008-2010 (PDF) (2pp, 19K, About PDF).
Key Results
| Fiscal Year (FY) |
Estimated Investments in Pollution Control ($)* |
Civil Penalties ($)** |
|---|---|---|
| 2008 | $50 million | < $ 0.01 million |
| 2009 | $4.1 million | $ 1.2 million |
| 2010 | $7.5 million | $0.77 million |
* Estimated investments in pollution control is an estimate of the defendant's cost to comply with consent decrees through the installation of appropriate pollutant controls. The values for FY 2008 through FY 2009 are adjusted for inflation using the U.S. Department of Labor, Bureau of Labor Statistics calculator.
** Civil penalties are penalties assessed, not collected. The values for FY 2008 through FY 2009 are adjusted for inflation using the U.S. Department of Labor, Bureau of Labor Statistics calculator.
Highlights
- In FY 2010, EPA was on the ground protecting human health and the environment in Indian country through enforcement actions that resulted in an estimated 30,000 pound reduction of:
- oxygen demanding water pollutants,
- total suspended solids,
- ammonia, and
- particulate matter.
Improving compliance at public drinking water systems:
- EPA issued an administrative order to the Moccasin Domestic Water Improvement District (District) for violations of the Safe Drinking Water Act (SDWA) to compel compliance with sampling and reporting requirements for certain inorganic and synthetic contaminants and to distribute Consumer Confidence Reports to the District's customers, including the unincorporated community of Moccasin surrounded by the Kaibab Paiute Indian Reservation in northern Arizona.
- EPA issued administrative compliance orders to eight drinking water systems serving Alaska Native Villages for violations of the SDWA for failing to conduct required reporting and water quality tests. The orders require the systems to conduct the required monitoring and reporting or face penalties of up to $37,500 per day.
- EPA entered into an administrative order on consent with the Kickapoo Tribe in Kansas to ensure their public water system complies with the SDWA. The system improvements cost over $900,000, and will reduce the generation of the disinfection by-products in the treated drinking water that are created when chlorine is used as a disinfectant. EPA and the Tribe are continuing to work together under the order to improve operation and maintenance activities at the Tribe's drinking water treatment plant to ensure the production of safe, reliable drinking water into the future.
- In FY 2010, EPA provided compliance assistance to 811 tribally owned and operated public water systems in Indian country.
- In FY 2010, EPA addressed 49 tribally owned and operated public water systems in significant non-compliance.
Addressing illegal waste dumping and burning of waste:
- EPA concluded three administrative penalty actions for violations of the Federal Implementation Plans under the Clean Air Act for Indian Reservations in Idaho, Oregon and Washington. EPA issued a consent agreement and final order to an individual who improperly disposed of waste on the Yakama Nation Reservation by open burning during a burn ban.
- EPA provided 244 tribes with compliance assistance related to solid and hazardous waste.
Improving compliance at schools:
- EPA filed a consent agreement and final order with the St. Labre Indian School Educational Association and the Roman Catholic Bishop of Great Falls resolving Clean Water Act National Pollutant Discharge Elimination System (NPDES) permit violations at the non-tribally owned and operated Pretty Eagle School, located in St. Xavier, Montana, on the Crow Indian Reservation. The settlement included the assessment of a civil penalty in the amount of $12,595.
- EPA conducted inspections at 17 Bureau of Indian Affairs/Bureau of Indian Education (BIA/BIE) schools and 15 high priority non-BIA/BIE schools.
Transition to the FY 2011-2013 National Enforcement Initiatives
In FY 2011, EPA regions will continue to provide compliance assistance, conduct compliance monitoring, and take enforcement in Indian country, particularly in the drinking water area. See the FY 2011-2013 National Enforcement Initiatives for more information on the initiatives and the rationale for their selection.