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Fruita staff say EPA notice over wastewater sampling is a technical issue; city seeks hold or rescission
Summary
City staff told the council they received a notice of violation from the U.S. Environmental Protection Agency concerning the timing of wastewater sample testing and have asked the EPA to rescind the notice or hold settlement while local lab capacity and technical clarifications are confirmed.
The Fruita City Council heard from staff that the city received a notice of violation from the U.S. Environmental Protection Agency about the timing of wastewater sampling and lab results, and that staff have asked the EPA to place the proposed settlement on hold while the issue is resolved.
Assistant City Manager Dan Karas said the notice alleged the city waited too long between taking samples and getting laboratory results, which can invalidate testing under the relevant sampling rules. Karas said Tetra Tech — the engineer that assists the city at the wastewater treatment facility — reviewed the matter and prepared a response asking the EPA to withhold enforcement while the city demonstrates compliance.
Why it matters: The notice proposed an expedited settlement agreement that would have assessed a $3,000 penalty, but staff said the apparent violation arose from a technical choice about which compliance pathway to use and from limited lab capacity on the Western Slope during the period in question.
Details reported to council:
- Sampling and labs: Karas said the rule cited in the notice permits either of two compliance approaches; the city had been attempting to comply with both approaches. Because Western Slope labs were not available at the time, samples were sent to a Kansas lab, creating a longer transit time that contributed to the timing issue. Karas said there is now a lab in Grand Junction that can perform the required tests locally.
- Staff response and next steps: Tetra Tech drafted a letter responding to the EPA, explaining the situation and asking the agency to rescind the notice or rescind the fine and to put the settlement on hold for 90 days so the city can use the closer lab and provide corrected documentation. Karas said the letter would be sent and copies provided to the mayor and available at city hall.
Karas characterized the matter as a technical compliance issue, not an operational emergency: "There’s just a technicality there that needs to be explained and fixed," he said. City staff said operator Matt (the plant operator) will be the point of contact for any technical follow‑up with the EPA.
No council votes or penalties were recorded at the meeting; the city is awaiting the EPA’s response to the letter prepared by staff and Tetra Tech.
