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
