Regulatory Oversight of the Havasu Water Company Public Water System, Needles, CA

• Overview
• Timeline of EPA Actions
• Frequently Asked Questions (FAQs)
  • Transfer of Jurisdiction from the State of California to EPA
  • EPA Enforcement Action
  • Emergency Order
  • Public Health
• Contact
• Consumer Confidence Reports
• Documents

Overview

The Havasu Water Company (HWC), located in Needles, California, operates a public water system within the boundaries of the Chemehuevi Indian Reservation. The water system intake is located on the west side of Lake Havasu and relies on surface water filtration treatment to serve drinking water to approximately 360 people. On January 1, 2024, EPA assumed regulatory oversight of the Havasu Water Company public water system. In coordination with the California State Water Resources Control Board (SWRCB) Division of Drinking Water, EPA confirmed that the water system is located within the boundaries of the Chemehuevi Indian Reservation. Therefore, Havasu Water Company public water system is under direct federal oversight under the Safe Drinking Water Act (SDWA).

EPA required HWC to issue a precautionary boil water notice on February 8, 2024. The notice was issued due to HWC's failure to submit data to verify that the treatment plant was adequately treating the surface water to control disease causing organisms such as E. coli. EPA had HWC reissue the notice to all customers on March 21, 2024. On April 26, 2024, EPA lifted the precautionary boil water notice after HWC provided sufficient information demonstrating the reporting of reliable water treatment compliance data.

On May 28, 2024, EPA issued a unilateral administrative order (May 2024 Order) to HWC to comply with violations of the Safe Drinking Water Act including, but not limited to, exceedance of the maximum contaminant level for total trihalomethanes and failure to have a qualified operator managing the water system. Total trihalomethanes (TTHMs) are disinfection byproducts formed when a disinfectant such as chlorine interacts with organic materials in the water.

On November 6, 2024, EPA issued an Emergency Order (pdf) to HWC due to repeated water outages that may endanger public health because of the high potential for contaminants such as bacteria or other disease-causing organisms to be introduced into the water system.

Timeline of EPA Actions

EPA Actions Related to Havasu Water Company (HWC). See the documents section for related correspondence.

Date	Activity
November 11, 2024	EPA approved lifting the precautionary Boil Water Notice upon receipt of negative total coliform results.
November 6, 2024	EPA issued an emergency administrative order to HWC due to repeated water outages.
November 4, 2024	A precautionary Boil Water Notice was required on November 4, 2024, following a water outage. Please see the notice the system is required to distribute.
October 22, 2024	EPA issued a fourth notice of noncompliance to HWC for failing to meet the requirements of the May 2024 Order.
October 10, 2024	EPA approved lifting the Boil Water Notice after receiving negative total coliform results.
September 25, 2024	HWC had a water outage, leading to loss of pressure within the distribution system. EPA required a Boil Water Notice, which HWC sent to consumers via email on 9/25/24 and hand delivered on 10/1/24.
September 5, 2024	EPA and CPUC held an in-person community meeting to describe EPA and CPUC’s actions regarding HWC. The written Questions and Answers document is available in the documents section.
August 7, 2024	EPA issued a third notice of noncompliance to HWC for failing to meet the requirements of the May 2024 Order.
July 10, 2024	EPA issued a second notice of noncompliance to HWC for failing to meet the requirements of the May 2024 Order.
June 28, 2024	EPA identified an additional ten significant deficiencies based on the May 2024 sanitary survey.
May 28, 2024	EPA issued an administrative order (May 2024 Order) to HWC for multiple SDWA violations.
May 17, 2024	EPA informed HWC about its failure to notify EPA about a change in the disinfection byproduct sampling location.
May 8, 2024	EPA conducted an on-site sanitary survey of HWC, which is a comprehensive evaluation of the water system.
May 3, 2024	EPA informed HWC that a Boil Water Notice should be issued for any future pressure loss situations.
April 29, 2024	EPA becomes aware of a power outage on April 26, 2024, that lasted at least 2.5 hours and a water outage that lasted longer.
April 26, 2024	EPA approved lifting the precautionary Boil Water Notice after HWC sufficiently demonstrated reliable data.
March 21, 2024	EPA required HWC to re-issue the precautionary Boil Water Notice as the data issues remained unresolved.
February 8, 2024	EPA required HWC to issue a precautionary boil water notice Boil Water Notice due to missing and unreliable surface water treatment data.
January 30, 2024	EPA identified seven significant deficiencies with the System based on the inspection.
January 1, 2024	Regulatory oversight transferred from DDW to EPA.
December 15, 2023	EPA and DDW conducted a public water system supervision inspection at HWC.
December 12, 2023	DDW notified HWC of the transfer of regulatory oversight to EPA starting January 1, 2024.
November 14, 2023	Original date for EPA and DDW’s public water system supervision inspection before last minute cancellation by HWC.
November 2, 2023	EPA notified HWC of its oversight role instead of California’s Division of Drinking Water as the System is located within the exterior boundaries of the Chemehuevi Indian Reservation.

Frequently Asked Questions (FAQs)

See also: Frequently Asked Questions: EPA’s Role Regulating Havasu Water Company (pdf) (189.82 KB, May 9, 2024)

Transfer of Jurisdiction from the State of California to EPA

Why did the transfer of oversight of the HWC water system from DDW to EPA happen?

A recent court ruling determined that the land that the Havasu Water Company’s public water system is located within the boundaries of the Chemehuevi Indian Tribe’s Reservation. EPA Region 9 regulates public water systems within the boundaries of Tribal Reservations in California for compliance with the federal Safe Drinking Water Act.

Aren’t most of the water infrastructure and water lines for our community located outside the boundaries of the reservation? Why should they also be regulated by the EPA?

The Havasu Water Company’s public water system is located within the boundaries of the Chemehuevi Indian Tribe’s Reservation.

When did the transfer happen?

DDW and EPA met and worked together to coordinate the transfer of information and records in the months leading up to the handover. The transfer was finalized on January 1, 2024.

What does this transfer mean to me, a customer of Havasu Water Company?

The transfer means that EPA now oversees the Havasu Water Company Public Water System to ensure the Company complies with the federal Safe Drinking Water Act. Customers should contact EPA directly for questions, complaints, and concerns regarding the quality of their drinking water.

What happens to the violations and enforcement actions that Water Board took against Havasu Water Company? What is EPA’s current plan of action?

EPA is aware of historical and ongoing compliance issues documented by the Water Board and has received materials from the Water Board related to their enforcement work. EPA conducted an inspection of the facility in December 2023, and is working with the Havasu Water Company regarding the inspection findings. On May 28, 2024, EPA issued a unilateral administrative order (May 2024 Order) to the Havasu Water Company for violations of the Safe Drinking Water Act. This action is further described in the section below titled “EPA Enforcement Action.”

In addition, on May 8, 2024, EPA conducted a sanitary survey, which is an in-person comprehensive review of a public water system to assess their capability to supply safe drinking water. The finished report was sent to Havasu Water Company on June 28, 2024.

I saw a recent flyer stating that EPA is responsible for funding costs for infrastructure improvements and testing, is that true? Can EPA provide funding to the system?

EPA is not responsible for funding the operational or infrastructure costs of the Havasu Water Company’s Public Water System. EPA required HWC to issue a Boil Water Notice on February 8, 2024 because the HWC failed to submit complete monthly reporting of drinking water quality as required by federal law to ensure the safety of water delivered to customers. In the notice to customers dated February 10, 2024, the HWC misquoted and misrepresented the requirements of the Safe Drinking Water Act and EPA’s role.

Will my water cost more after the jurisdiction transfer?

EPA has no authority regarding water rates and cannot provide an answer to this question. Please contact CPUC directly regarding rates and other water billing issues.

EPA Enforcement Action

On May 28, 2024, EPA issued a unilateral administrative order (May 2024 Order) to Havasu Water Company for violations of the Safe Drinking Water Act.

What is an Administrative Order?

An administrative order (Order) is a legally enforceable document that requires an owner and/or operator of a facility to take corrective actions to return to compliance with any identified violations.

Why was the May 2024 Order issued?

HWC has violated several provisions of the Safe Drinking Water Act (SDWA) that remain unaddressed:

• Exceedance of the Maximum Contaminant Level for Total Trihalomethanes (TTHM);
• Failure to have qualified personnel operate the System;
• Failure to submit required surface water treatment data via monthly operating reports (MOR);
• Failure to issue public notifications for violations;
• Failure to issue the 2022 consumer confidence report; and
• Failure to correct significant deficiencies with the System.

What is a Monthly Operating Report?

Monthly Operating Reports (MORs) are logs of surface water treatment plant data and used to determine the effectiveness of water treatment. They are due to the regulatory entity (i.e., EPA) by the 10th of the following month.

What does the May 2024 Order require Havasu Water Company to do?

The Order requires HWC to submit a compliance plan to EPA for approval. The plan must include a schedule and planned work to serve drinking water in compliance with the TTHM MCL by December 31, 2024. In addition, HWC must:

• Employ an appropriately certified water operator by July 1, 2024.
• Issue the 2022 consumer confidence report at the same time as the 2023 consumer confidence report by July 1, 2024.
• Issue Tier 2 public notice for the TTHM MCL exceedances and any other violations requiring Tier 2 public notice on a quarterly basis.
• Submit MORs on time and in compliance with SDWA regulations every month.
• Correct any outstanding significant deficiencies named in the Order within 30 days of the Order’s issuance date.

What happens if the May 2024 Order is not complied with?

Violating the terms of the May 2024 Order may subject HWC to judicial and/or administrative monetary penalties. Continued failure to comply with the Order may also result in referral of the matter to the Department of Justice for further enforcement action.

What is a Significant Deficiency?

A Significant Deficiency is a defect in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that EPA determines to be causing, or has the potential for causing the introduction of contamination into the water delivered to consumers. EPA considers Significant Deficiencies to be of the greatest health risk and requires systems to address them within a specified timeframe.

What is a Consumer Confidence Report?

Each year, public community water systems are required to distribute to all customers a Consumer Confidence report on their water quality for the previous year. This report includes all detectable results found for contaminants, as well as the risks of exposure. Information on the water source, definitions for terminology, unresolved significant deficiencies, and violations that arose in the year(s) covered by the report must also be included.

What should I do in the event I lose water pressure?

If you experience a loss of water pressure or water outage, report the outage to the system and EPA. You should receive a precautionary boil water notice from the system that remains in place until they are able to confirm the absence of coliform bacteria in the distribution system. Once the notice is lifted and water service is restored to normal conditions, customers should let their water run for a minimum of 30 minutes before using to flush out potential contaminants in the distribution lines.

Emergency Order

What does this Emergency Order require HWC to do?

The Emergency Order has numerous requirements – the most relevant requirements to users of the water system are the following:

• HWC must issue a Boil Water Notice whenever there is a partial or full water outage in the system. HWC must remain under Boil Water Notice until EPA receives sufficient evidence the water is free from acute contaminants and EPA approves lifting the Boil Water Notice.
• Whenever HWC is under a Boil Water Notice, such as during any water outage incident, HWC must make safe, alternative water available to all residents.
• HWC must submit standard operating procedures for EPA approval describing how they will manage pressure loss situations. This will help lead to appropriate and consistent responses to pressure loss situations.
• HWC must ensure certified operators are performing all the essential functions.
• HWC must retain a third-party provider to independently assess the distribution system to develop an updated system map and identify potential deficiencies with the distribution system.

How does the Emergency Order differ from the May 2024 Order?

SDWA authorizes EPA to issue an emergency administrative order when there is information to indicate an imminent and substantial endangerment to human health – it is not limited to SDWA violations. The May 2024 Order is an administrative order issued for SDWA violations.

When will alternative water be available to users of the water system?

Alternative water must be available whenever the System is under a Boil Water Notice. This includes any water outages at HWC, but may also include other situations where EPA determines a Boil Water Notice is necessary to ensure protection of public health. HWC must make available at least one gallon of potable water per person per day to users of the water system until the Boil Water Notice is no longer in effect.

Will residents need to pay for the alternative water?

The Emergency Order prohibits HWC from collecting fees or raising rates in order to make alternative water available to residents.

Public Health

Is the water safe to drink? Is the water safe for hand washing, showering, other uses?

Whether you consider the water to be safe in your own house can be impacted by several things including aspects of your own underlying health, the concerns of your family members, and potential risks from the water system. The Safe Drinking Water Act requires that public water systems alert water users if there is a risk to public health. These notifications can be considered when assessing risk for yourself. EPA has a few concerns over the drinking water at Havasu Water Company that you should be aware of: Boil Water Notices, Pressure Loss Incidents, and Total Trihalomethane (TTHM) Maximum Contaminant Level (MCL) Exceedances.

What should I do when a water outage occurs?

In these instances, after the water pressure or water service is restored, customers should let their faucets run for a minimum of 10 minutes before using to flush their lines of potential contamination. Customers should continue to boil water for consumption until EPA approves lifting the Boil Water Notice.

Are there any potential health issues related to a water outage?

EPA is closely monitoring the safety of the HWC water during pressure loss incidents/water outages. When a line break or other incident occurs that results in a loss of pressure or loss of water service for the system, the water is considered unsafe as backflow or backsiphonage of contaminated water can occur in these situations. Testing for coliform bacteria is needed to confirm the absence of harmful acute contaminants like E. coli. Precautionary Boil Water Notices are issued as boiling can neutralize the acute contaminants that pose health risks and must remain in effect until test results come back clean and EPA has given the system permission to lift the notice.

What are trihalomethanes?

Trihalomethanes are disinfection byproducts formed when a disinfectant such as chlorine interacts with organic materials in the water. The amount of trihalomethanes in drinking water can change from day to day, depending on the season, water temperature, amount of disinfectant added, the amount of plant material in the water, and a variety of other factors.

Why are trihalomethanes a concern?

Long term exposure (approximately 70 years) to trihalomethanes may increase risk of cancer, liver damage, and decreased nervous system activity. People may be exposed to trihalomethanes by drinking, inhalation, and skin absorption during bathing and swimming.

What is a Maximum Contaminant Level?

Maximum Contaminant Levels are legally enforceable drinking water standards under SDWA. EPA has established MCLs for over 90 contaminants, including an MCL for TTHM set at 80 parts per billion (ppb). This is the highest level of TTHM allowed in drinking water. A way to visualize one ppb: it is about one drop of water in an average swimming pool.

Why are Total Trihalomethane (TTHM) Maximum Contaminant Level (MCL) Exceedances issued?

Monitored concentrations of TTHMs exceeding the Federal Safe Drinking Water Act’s (SDWA) Standard for TTHMs and are associated with an unacceptable lifetime or chronic (70 year) risk to human health. US EPA Drinking Water Standards and guidelines are derived to remain protective of children and sensitive members of the general population over a lifetime of daily exposure. Activated carbon filters attached to your tap are highly effective at removing TTHMs. You can also leave the water out at room temperature, and they will evaporate. Additionally, you could open windows to increase ventilation when showering or boiling water.

The data EPA has received does not currently indicate any other exceedances of the maximum contaminant levels for primary contaminants. If the situation changes, the community will be informed through public notification.

Why are boil water notices issued?

These notices have been issued when there are concerns that there may be biological contamination in the water. The boiling kills harmful microorganisms like fecal bacteria that can cause acute waterborne illness. It is important to note that boiling water does not address TTHMs and instead releases TTHMs through the evaporated water vapor. Customers should minimize the time spent next to boiling water and try to ventilate the room as much as possible to reduce the amount of exposure.

Contact

Customers should notify Havasu Water Company about any drinking water concerns for immediate follow-up. Customers with unresolved drinking water concerns or complaints can email or call Annie Wan at [email protected] and (415) 972-3845. Customers with questions regarding the enforcement and inspections can email or call Christopher Chen at [email protected] and (213) 244-1853.

EPA’s role is limited to the Safe Drinking Water Act. Issues related to water rates and billing are not under EPA’s purview and should be directed to the California Public Utilities Commission (CPUC). Questions for the CPUC can be directed to Wilson Tsai at [email protected] or (415) 660-8449.

Consumer Confidence Reports

• Havasu Water Company Consumer Confidence Report (2022-2023) (pdf) (217.14 KB, May 30, 2024)
  Annual Water Quality Report (2022 - 2023) for Havasu Water Company, Needles, CA. Public Water System #090600202.

Documents

• Emergency Order: Havasu Water Company Public Water System, Needles, CA (pdf) (222.69 KB, November 6, 2024)
  Emergency Administrative Order issued to Havasu Water Company Public Water System, located within the external boundaries of the Chemehuevi Indian Reservation, requiring actions to address repeated water outages. PWS ID. No. 090600202. Docket No. SDWA-09-2025-002.
• Havasu Water Company Community Meeting Q&A (pdf) (274.54 KB, November 6, 2024)
  A compilation of questions from community members provided before and during the September 5, 2024, community meeting.
• 11/4/24 Required HWC Boil Water Notice (pdf) (149.79 KB, November 2024)
  EPA-approved template HWC was ordered to distribute following the loss of pressure and loss of service in the distribution system on November 4, 2024.
• EPA Letter to HWC: Fourth Notice of Noncompliance (pdf) (271.16 KB, October 22, 2024)
  EPA letter to Havasu Water Company (HWC) with 4th Notice of Noncompliance to EPA Administrative Order No. SDWA-AO-2024-008.
  
• EPA Fact Sheet: Havasu Water Company Drinking Water Update (pdf) (2.25 MB, August 2024)
  EPA Fact Sheet provided during the September 5, 2024, community meeting that briefly summarizes the May 2024 Order and other drinking water updates.
• Boil Water Notice (pdf) (150.47 KB, September 25, 2024)
  Boil Water Notice sent by Havasu Water Company to its customers after a water outage on September 25, 2024.
• EPA letter to HWC: Third Notice of Noncompliance (pdf) (156.09 KB, August 7, 2024)
  EPA letter to Havasu Water Company (HWC) with 3rd Notice of Noncompliance to EPA Administrative Order No. SDWA-AO-2024-008.
• EPA letter to HWC: Recent Water Outages at Havasu Water Company (pdf) (238.5 KB, August 6, 2024)
  EPA letter to Havasu Water Company (HWC) regarding recent interruptions to water service.
• EPA letter to HWC: Second Notice of Noncompliance (pdf) (193.42 KB, July 10, 2024)
  EPA letter to Havasu Water Company (HWC) with 2nd Notice of Noncompliance to EPA Administrative Order No. SDWA-AO-2024-008.
  
• EPA Letter to HWC: Significant Deficiencies from Sanitary Survey (pdf) (256.89 KB, June 28, 2024)
  EPA letter to Havasu Water Company identifying ten additional significant deficiencies from the May 2024 sanitary survey that HWC must correct.
  
• EPA Letter to HWC: Notice of Noncompliance (pdf) (175.01 KB, June 14, 2024)
  EPA letter to Havasu Water Company with Notice of Noncompliance to EPA Administrative Order No. SDWA-AO-2024-008.
• EPA Letter to HWC: Significant Deficiencies at Havasu Water Company (pdf) (223.09 KB, June 3, 2024)
  EPA letter to Havasu Water Company requiring public notification for failure to correct significant deficiencies and the identification of two new significant deficiencies with the system.
  
• Administrative Order: Havasu Water Company Public Water System, Needles, CA (pdf) (353.56 KB, May 28, 2024)
  Unilateral Administrative Order for the purpose of bringing the Havasu Water Company Public Water System, located within the external boundaries of the Chemehuevi Indian Reservation, into compliance with the requirements of the Safe Drinking Water Act (SDWA), 42 U.S.C. 300f et seq., and the National Primary Drinking Water Regulations (NPDWRs) at 40 C.F.R. Part 141. PWS ID. No. 090600202. Docket No. SDWA-09-2024-008.
• Frequently Asked Questions: EPA’s Role Regulating Havasu Water Company (pdf) (189.82 KB, May 9, 2024)
  Frequently Asked Questions (FAQs) concerning EPA’s role regulating Havasu Water Company (HWC) public water system in Needles, California.
• EPA Letter to HWC: Loss of Pressure at Havasu Water Company (pdf) (175.25 KB, May 3, 2024)
  EPA letter to Havasu Water Company explaining EPA’s concerns with pressure loss at water systems and courses of action HWC must take during future pressure loss situations.
• EPA Letter to HWC: Lifting of Boil Water Notice (pdf) (175.92 KB, April 26, 2024)
  EPA letter to Havasu Water Company (HWC) removing the precautionary boil water notice requirement.
• EPA Letter to HWC: Reissuance of Precautionary Boil Water Notice (pdf) (191.99 KB, March 21, 2024)
  EPA follow-up to the February 8, 2024, letter to Havasu Water Company (HWC) concerning reissuance of the precautionary Boil Water Notice.
• EPA Letter to HWC: Cease Continued Sharing of Misinformation (pdf) (190.5 KB, April 8, 2024)
  EPA letter sent to Havasu Water Company (HWC) to cease continued sharing of misinformation with required Boil Water Notices.
• EPA Letter to HWC: Misinformation Communicated to Customers (pdf) (278.37 KB, February 14, 2024)
  EPA follow-up to the February 8, 2024, letter to Havasu Water Company (HWC) concerning misinformation communicated to customers in the precautionary Boil Water Notice.
• EPA Letter to HWC: Required Issuance of Precautionary Boil Water Notice (pdf) (189.09 KB, February 8, 2024)
  EPA letter to Havasu Water Company (HWC) requiring that the company issue a precautionary boil water notice to the customers of the water system.
• EPA Significant Deficiency Letter and Inspection Report (pdf) (3.14 MB, January 30, 2024)
  EPA letter to Havasu Water Company (HWC) notifying HWC of significant deficiencies that require corrective action. Includes December 15, 2023 Report on the Public Water System Supervision Inspection of HWC's public water system conducted with California State Water Resources Control Board’s Division of Drinking Water (DDW) staff to evaluate compliance with the Safe Drinking Water Act (SDWA).
• California SWRCB Letter to HWC: Notice of Transfer of SDWA Regulatory Oversight (pdf) (307.94 KB, December 12, 2023)
  California State Water Resources Control Board (SWRCB) Letter to Havasu Water Company (HWC) with notification of transfer of Safe Drinking Water Act (SDWA) Regulatory Oversight for Havasu Water Company.
• EPA Letter to HWC: Notice of Transfer of SDWA Regulatory Oversight (pdf) (155.53 KB, November 2, 2023)
  EPA Letter to Havasu Water Company (HWC) with notification of EPA's assumption of regulatory oversight of the HWC Public Water System under the Safe Drinking Water Act (SDWA) from the California State Water Resources Control Board.