Drinking Water Sanitary Survey Follow Ups and Compliance - What you need to know

The Field Services Section (FSS) works with public water systems on sanitary survey inspections to ensure the production and distribution of safe drinking water. Just as water systems have inspections on a routine basis, our program also gets “inspected” by the Environmental Protection Agency (EPA) Region 8 to ensure that we meet federal requirements. Starting in 2021, EPA Region 8 conducted an audit of 86 sanitary surveys across 43 large community public water systems in Colorado. In September 2022, EPA Region 8 provided their final report. Overall, the report highlighted some of the WQCD sanitary survey processes as best practices such as public notice for field based violations, our online records system and our sanitary survey report quality. The report also  includes areas where we need to improve on sanitary survey follow ups. Going forward, we'll be working on those areas of improvement with a focus on the items below.

Type 45 Violations for Unresolved Significant Deficiencies:

Regulation 11, Section 11.3(72) defines a significant deficiency as: any situation, practice, or condition in a public water system with respect to design, operation, maintenance, or administration, that the state determines may result in or have the potential to result in production of finished drinking water that poses an unacceptable risk to health and welfare of the public served by the water system. Water systems have to either fix significant deficiencies and violations no later than 120 days after the date of the inspection letter or request a corrective action plan (CAP). If the water system does not fix a significant deficiency by 120 days or an approved CAP schedule, a violation (type 45 violation) occurs.

The EPA audit found that the WQCD was not consistently issuing 45-violations when necessary and must issue compliance advisories and treatment technique (type 45) violations in situations where a significant deficiency is overdue and unresolved. Please note that type 45 violations require Tier 2 public notice by the supplier within 30 days of receipt of the violation letter from the Compliance Assurance Section and every 90 days thereafter as long as the significant deficiency remains unresolved. Please avoid this situation and protect public health by fixing significant deficiencies. For significant deficiencies that need more time for engineering evaluations, financing and construction, a Department-approved CAP may be an option. 

Department-approved corrective action plans (CAPs):

For significant deficiencies and field violations that need more than 120 days to fix, the water system can request a Corrective Action Plan (CAP). The CAP request must include the actions the supplier will take to fix the significant deficiencies and/or violations and the schedule for completing the actions. Field Services then reviews the CAP proposal and, if appropriate, issues an approval letter. Any changes to the CAP or CAP schedule also need to be approved prior to the CAP expiring. If you are in compliance with your CAP, you may avoid the Type 45-violation with Tier 2 public notice. However, it is very important to know that community water systems still have to include any unresolved significant deficiencies and their approved CAP schedule in their annual Consumer Confidence Report.

CAP schedules are normally limited to a year unless special circumstances such as financing, engineering design and construction need additional time. Also, interim measures to protect public health may be required at any time during the CAP process. The EPA audit identified that extended timelines CDPHE allowed for unresolved significant deficiencies as a concern. As part of our follow up improvements, CAPs that are expired will no longer be repeatedly renewed. Please reach out to your inspector if you have any questions about CAPs. 

Thank you for all you do to protect your customers by resolving significant deficiencies and field violations. To see the compliance status for your water system, please look at your monitoring schedule available online at the division's monitoring schedule webpage. If you need help on technical issues or sanitary survey significant deficiencies and violations, please reach out to your inspector or sign up for individualized coaching here.  For any questions or concerns about sanitary surveys, please email our Field Services team at cdphe_wqcd_fss_questions@state.co.us.

Thank you for all your efforts to protect public health!

➽ Heather Young, PE, CWP, Field Services Section Manager

➽ Nicole Graziano, PE, Compliance Assurance Section Manager

New Rules in Challenging Times - Recycled from our October 2008 newsletter

Hello everyone, 

As discussed briefly in a recent Aqua Talk article, the 2020s promise to be a decade of substantial changes to the federal Safe Drinking Water Act. I believe that these will be the most significant and intense set of regulatory changes we have experienced since the 2000s. So, look for an upcoming article summarizing the Upcoming Regulatory Changes in the 2020s, one of which - the Lead and Copper Rule Revisions is already in process. In the meantime, we wanted to share an article that ran about 15 years ago regarding tackling new rules in challenging times. Those were challenging times - remember the Great Recession? Well, the 2020s have brought their own set of challenges as we grapple with a host of new drinking water rules: pandemic with an immediate economic crisis followed by ongoing supply chain issues, staff shortages, inflation and economic risks. We thought we would share this article from the past as a reminder that we have tackled new rules during challenging times before. We believe that by working together we can rise again to meet the needs of keeping drinking water safe. Thank you.

➽ Ron Falco, P.E. Safe Drinking Water Program Manager

New Rules in Challenging Times - Originally published 2008

Ron Falco, P.E.

Since 2007 the Drinking Water Program has adopted the Long-Term 2 Enhanced Surface Water Treatment Rule, Stage 2 Disinfectants/Disinfection By-Products Rule, and the Groundwater Rule. These are major new rules that will apply to every public water system in the state. We are striving to help water systems meet the federal early implementation requirements of the first two rules, and I urge all public water systems to conduct the necessary monitoring and distribution system analysis so the correct approach can be used for your system. Failing to meet the early implementation requirements can have negative consequences going forward. For example, failing to monitor your surface water as required can lead to a higher bin classification than truly necessary, which may in turn lead to a requirement to install additional treatment. We are also reaching out to groundwater systems in advance of the December 2009 effective date for that rule.

In the coming year, the program will also be required to adopt the minor Lead and Copper Rule revisions to avoid seeking an extension with EPA. In response to the Alamosa outbreak, we will be working with stakeholders to update and revise our regulatory approach to disinfection waivers. A number of water systems have also asked that we update and revise Article 12 regarding cross connections. 

All of these changes will certainly keep program staff and public water systems very busy. I wish to thank all of the water systems that have helped us develop our regulatory language and implementation strategies. Please contact us if you wish to participate in any of these efforts or have some feedback that you would like to provide. We will be facing these new challenges at a time when economic uncertainty makes it especially difficult to obtain the necessary resources to complete the job at hand today, let alone the resources needed to prepare for tomorrow. We are available to help you and we will continue to sponsor training events all around the state. Through it all, I know that we will all do our best to maintain our vigilance and protect public health. Thanks.

 

Having trouble finding a certified operator? Use the division's list of Colorado contract operators

Every day, communities depend on water operators for safe drinking water and environmental protection. For some parts of the state, finding a certified operator can be difficult. Contract operators can help reduce the financial burden on small systems, and allow for the sharing of expertise in areas with a scarcity of qualified personnel. 

If your facility is having difficulty finding a certified operator, whether it be a new facility having to meet regulatory requirements, facility reclassification, or you are simply needing to hire a contract operator until your current employee/operator tests up to the appropriate level, the division’s website provides a list of contract operators providing services in Colorado. Please note that this is a voluntary listing of organizations and individuals and participation does not constitute a recommendation or endorsement from the state. The list is updated periodically to reflect changes and to improve accuracy. 

The list provides the operator’s contact information, the geographical area in Colorado the operator provides services, as well as their current highest-level certifications by certificate type (e.g. drinking water treatment, wastewater collections, industrial). The list is in a table format, defaulting to sorting the information by area served. However, a viewer can sort and filter the information in the table any way they choose. 

For example, if you are in need of and searching for a Class ‘A’ Drinking Water Treatment operator, you can sort the information in the table by simply clicking on the column header for ‘DW Treatment’ (as depicted below by the red circle). 

You can also filter the information by using one of the three drop-down menu options at the top (‘Area Served’, ‘Contract Operator’ i.e. entity name, or individual operator ‘Name’). 

For instance, if you wish to only view those contract operators providing services in certain parts of the state, use the ‘Area Served’ drop-down menu. First, deselect (or uncheck) the box next to ‘Area Served’ and then select the area you wish to view (e.g. ‘West’ for the western part of the state). After selecting your chosen area, click outside of the drop-down box to refresh the table to only reflect contract operators serving that particular area.

If you’re having trouble viewing the table information on the webpage or simply prefer to view it in full-screen mode, you have the option to open the table in a new window. 

Important things to keep in mind

The Operator in Responsible Charge (ORC) is responsible for the operation and maintenance of the facility, must know and understand the requirements of applicable permits, laws, and regulations, and may supervise other operators working in the facility. If any tasks or activities are delegated to others, Regulation 100 requires a written delegation plan to be in place. Failing to have one in place can not only result in a facility being out of compliance with Regulation 100 but in potential disciplinary action against the operator. 

Per Regulation 100.10.1(c), there must be a written agreement between the ORC and the facility owner. For assistance in retaining an ORC and/or preparing the written agreement, please refer to the ORC Hiring and Contract Guide and other valuable resources on the division’s ORC webpage. Moreover, the division is offering free training to help interested persons navigate the Guide and to better understand how to apply it to their specific situations. Registration for the training is available on the division’s Training Opportunities, Recognition, and Resources for Water Systems webpage, or by performing a Google search for “CDPHE training opportunities.” 

The ORC Hiring and Contract Guide empowers facility owners to knowledgeably select the best candidates for the role of ORC and to negotiate fair, clear, and effective agreements with their ORCs.

If you are a contract operator and wish to have your information reflected on the List of Contract Operators, please complete and submit the Contract Operator Listing Form. The department will verify your information and certifications prior to adding them to the list.   

➽ Jessica Morgan, Facility and Operator Outreach and Certification Board Liaison