In the early summer 2020, the department proposed minor modifications to the Backflow Prevention and Cross-Connection Control Rule along with the Finished Water Storage Tank Rule - see other Aqua Talk post for storage tank discussions. The department completed a stakeholder effort and presented the modifications to the Water Quality Control Commission. The Commission approved all proposed modifications in early August and the changes took effect September 30, 2020. The Backflow Prevention and Cross-Connection Control Rule (Regulation 11, Section 11.39) protects public health from contamination associated with cross-connections and backflow events. The department proposed three changes that will lessen the burden on water systems while still protecting public health:
- Keep requiring distribution system surveys, but move the violation from a treatment technique to a monitoring violation.
- Allow systems to continue to request alternative survey compliance ratios with justification.
- Given delays due to pandemic, allow for a longer time to comply with higher survey ratios and assembly testing ratios.
Changes to the Backflow Prevention and Cross Connection Control Rule
Distribution System Survey:
Each public water system is required to survey their distribution system and waterworks to determine a list of cross connections that need to be controlled. The previous regulatory requirement was to survey 100% of each distribution system by December 31, 2020. Also, systems could only apply for a specific alternative survey compliance ratio for the compliance periods between January 1, 2016 to December 31, 2019. The latest version of the regulation has extended the requirement to survey 90% of the distribution system from December 31, 2019 to December 31, 2020. The 100% requirement has therefore been pushed back to December 31, 2021. Also, the department's ability to grant alternative compliance ratios has been reinstated and will be ongoing. Systems can continue to request specific alternative compliance ratios with proper justifications.
The above approach is still protective of public health because of the overwhelmingly excellent work public water systems have done over the last 5 years in surveying their systems. Many, if not most, public water systems have nearly finished surveying their water users, however the final few percent can be difficult to finish. Therefore, the department recommended that the Commission modify the type of violation that distribution system surveying represents to a monitoring violation. This means that if a violation occurs, instead of requiring Tier 2 public notice (within 30 days, health effects language) for treatment techniques, it now will only result in Tier 3 public notice (included in the annual consumer confidence report). Also, given the pandemic, water systems reported struggles with being able to enter properties to execute surveys due to exposure concerns.
The department would like water systems to continue diligently surveying their distribution systems. If an alternative survey compliance ratio will be necessary for 2020, the department encourages water systems to send in that request as soon as possible. Such requests can be submitted to the drinking water portal labeled as a sanitary survey response or the the Field Services Section general email address at CDPHE_WQCD_FSS_Questions@state.co.us.
Testing Ratios for Assemblies:
The other notable change to the regulation was to extend the assembly testing compliance ratio an additional year. Previously, systems were required to have 80% of assemblies tested for calendar year 2019 and 90% tested in 2020. With the newly approved regulation change, systems will only be required to have at least 80% of assemblies tested for calendar year 2020 and at least 90% for 2021. Hopefully, this will offer some measure of relief to water systems as they navigate the pandemic and interfacing with private properties while still progressing with protecting public health from potential cross-connections.
What's next?
It is important to stay tuned over the winter months as the department will initiate a stakeholder process to perform needed updates to Policy 7 which deals with cross connection control. These updates are necessary because of regulatory changes discussed above and also due to lessons learned in implementing the regulation over the last four years.
Additional Information and Responsibilities for Extending Deadlines:
Recently, several upset customers of water systems have approached the department asking for extensions to control or repair backflow assemblies when the public water system felt it was not justifiable to grant further extensions for that customer. It is important to remember that the department will override decisions of water systems when those decisions are considered protective of public health. Therefore, customers can be referred to the department and the department will gladly reiterate the importance of backflow prevention, but will not make decisions that extend deadlines on behalf of customers. If a water system believes an extension is warranted, the department will consider those requests and frequently grants them. But if a customer becomes upset, please do not have them ask the department for an extension because we will not grant one if the water system does not think it is justified.
