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Now the DEP is threatening an enforcement action against Sandy Creek Utilities, a subsidiary of Utilities Inc., for the violation.
Sandy Creek Utilities' water storage capacity does not meet DEP guidelines, and an e-mail sent from a DEP official to the company last month indicates the DEP's exasperation with the situation.
"In our view, the safety of Bay County residents in the Sandy Creek area may not currently be assured," David Hines, environmental specialist, wrote to Utilities Inc. Regional Compliance and Safety Manager Scotty Haws on Sept. 23. The letter also was sent to the Bay County Commission.
"Given the absence of any further progress toward resolution of this deficiency and the gravity of the situation, this office will soon have no choice but to proceed with enforcement," Hines wrote.
DEP enforcement actions can involve heavy financial penalties and mandated system improvements.
Hines was on vacation last week and unavailable for comment. Haws did not return multiple calls to his office.
Utilities Inc. serves more than 300,000 customers across the country, according to its Web site. It also operates Bayside Utilities in the Big Daddy Drive area of Panama City Beach. As of 2007, Bayside served about 300 customers, while Sandy Creek had about 250.
DEP requires a utility to have a storage capacity equal to 25 percent of its maximum daily usage, plus an extra amount for firefighting, according to Shawn Hamilton, spokesman for the DEP's Northwest District. Hamilton said an industry standard for extra firefighting water is 60,000 gallons, enough for 500 gallons per minute to be pumped for two hours.
Sandy Creek's maximum daily usage is 176,300 gallons, according to a May 29 DEP inspection, but its storage capacity is only 39,500 gallons. That doesn't match one-quarter of daily usage (44,075), let alone the total 104,075 gallons required when fire protection is added.
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