Enforcement and Compliance Annual Results for Fiscal Year 2023: Drinking Water

EPA made significant progress toward protecting public health by taking actions in communities facing serious health threats from their taps due to water system noncompliance. In FY 2023, EPA issued 203 Safe Drinking Water Act (SDWA) orders to public water systems which collectively protected more than 1.9 million people. Of the 203 SDWA orders, eight were SDWA 1431 emergency orders to protect almost 2,000 individuals in small, overburdened communities who were drinking water that did not meet federal health standards.  

Protecting America’s drinking water continues to be a top priority for EPA and was first identified as a National Enforcement and Compliance Initiative (NECI) in 2020. By improving compliance with our nation's drinking water requirements and fostering greater collaboration with our state, tribal, and local partners, EPA is continuing to prioritize the drinking water NECI for the FY 2024 - 2027 cycle to achieve our goal of delivering safe drinking water to communities and reducing public health risks. A goal of the national initiative is to help ensure delivery of safe drinking water to communities by improving compliance and reducing risks to the public health.  

EPA has significantly increased its SDWA compliance and enforcement presence to meet the goals of the national initiative and protect human health risks associated with noncompliance at public water systems (PWSs). Inspection of and enforcement actions at PWSs increased in number substantially as compared to the prior 10-year average. For example, EPA conducted 160 on-site inspections in FY 2023, which is 90% more than the prior 10-year average. EPA conducted 150 cases correcting violations at PWSs this fiscal year, an increase of more than 300% over the prior 10-year average. 

Examples of our drinking water accomplishments in FY 2023 include: 

• Safe Drinking Water Act § 1431 Emergency Order to 3M’s Cordova facility in Illinois: A November 3, 2022, SDWA emergency order required 3M to sample and test the drinking water around its Cordova facility in Illinois and treat the area’s drinking water. 3M’s sampling results indicated widespread presence of a mixture of at least 19 different pre- and polyfluoroalkyl (PFAS) chemicals in drinking water within a three-mile radius of the facility. Under the order, 3M is required to offer treatment to all private well owners within three miles of the facility and to the Camanche Water Supply in Iowa in an effort to remove PFAS from the drinking water. Additionally, 3M must offer drinking water sampling to private well owners living within four miles and to public water systems within 10 miles of the Cordova facility as well as to the Quad Cities’ public water systems.

  • Read more: 3M Agrees to EPA Order to Sample and Provide Treatment for PFAS Contamination in Drinking Water near Cordova, IL Facility

• Termination of Unilateral Administrative Order (UAO) to the City of Benton Harbor, Michigan: On June 8, 2023, EPA terminated the November 2021 UAO issued to Benton Harbor as a result of the city’s success in addressing its public water system’s noncompliance. In addition, 100% of the lead service lines in the city were replaced, and the water system has not exceeded a lead action level in its three most recent Lead and Copper Rule compliance monitoring periods. EPA will continue to monitor state and local efforts to improve the situation in Benton Harbor and assess the need for additional actions through routine coordination with the state.

  • Read more:  Benton Harbor Drinking Water

• SDWA Complaint Filed to Address the Emergency Situation with Jackson, Mississippi’s Public Water System: In November 2022 a complaint was filed by the Department of Justice which resulted in an agreement by EPA, the state of Mississippi, and the city of Jackson to address the city’s noncompliance with SDWA requirements and the health threats to the residents of Jackson. Under the agreement, an interim third-party manager was appointed to assist in the city’s rehabilitation of its public drinking water system and a list of priority projects was assigned to the manager. EPA and the state will continue to work collaboratively with the city and the manager to improve the city’s drinking water system to ensure all residents have a consistent source of safe drinking water that meets the requirements of the SDWA.

  • Read more: Jackson, MS Drinking Water

Training of new and experienced PWS inspectors is critical to a rigorous SDWA enforcement and compliance program. Efforts to train new SDWA PWS inspectors and increase the skills of those already credentialed continued; 115 training sessions (a combination of in-person classroom, in-person on-the-job training, and webinars) were delivered, reaching more than 450 EPA staff and state partners.