What’s special about the Safe Drinking Water Act 50th Anniversary and Colorado?

Dear Aqua Answers,

When I read the recent Program Manager message about the 50th Anniversary of the Safe Drinking Water Act, I wondered how Colorado has specifically fared on that journey? Please let me know. Thanks,

Fan Attic

Dear Fan,

Thanks so much for your question! Indeed, a journey it has been. President Ford signed the Safe Drinking Water Act on December 16, 1974 after passage in both houses of Congress. President Ford had deep connections in Colorado, particularly in Eagle County. Ski runs at Vail and Beaver Creek ski resorts are named in his honor. But the story of safe drinking water in Colorado goes back much further than 50 years.

Before we were a state, typhoid and cholera were common killers in Colorado Territory and Denver was known as the filthiest U.S city. In 1890 almost 300 people in Denver died from typhoid when the population was 10 times less than today. This is not a count of people sick, but people dead! Drinking water filtration and disinfection eliminated typhoid deaths in Denver by 1940.

But waterborne disease outbreaks continued in Colorado even after the Safe Drinking Water Act (SDWA) became law with 40 outbreaks in the 1980s alone. Indeed implementing the SDWA in Colorado has been very challenging. EPA conducted an audit of what was then called Colorado’s Water Supply Program in 1974 and found that Colorado experienced “Disease outbreaks due to deficiencies at water systems” and that “Colorado is not meeting its responsibility” as a “direct result of lack of resources.” Over the next 20 years, the resource situation did not improve sufficiently relative to the workload attached to maintaining primacy (the authority to enforce the SDWA). In the early 1990s, EPA began the process of formally stripping primacy from Colorado due to “many problems with implementation and enforcement” directly “attributable to inadequate resources.” The program got a few more resources in that decade and hung onto primacy, but struggled again with the new rules that came in after the 1996 SDWA amendments. None of the rules was adopted on time, and in 2005 the Rocky Mountain News ran a front-page story stating that the program’s “staff shortage threatens the state’s future water supply.” Finally, by the end of the 2000s, things started to turn around; the program gained funding and resources from both state and federal funding sources. 

Unfortunately, disease outbreaks continued in Colorado up to 2008 when 1,300 people got sick and 1 person died in Alamosa. This event triggered big changes in the Safe Drinking Water Program and water systems across the state, and no regulated water systems have had an outbreak since. But outbreaks are a challenging metric to measure safety because so many epidemiological variables are involved. We believe this chart of E. coli violations by decade since the 1990s better reflects our progress. E. coli violations in Colorado are now rare and most of them in the 2020s have been in water systems that were previously unregulated. 

Undoubtedly, we have made great progress in Colorado in improving tap water safety. Our tap water in Colorado is safer than ever. We have adopted all new EPA rules adopted on time since the early 2000s. This is what EPA has said about Colorado’s program in recent audits:

• Colorado “manages a very effective drinking water program.”
• “The State continues to maintain good data quality ….”
• “EPA, once again, commends” Colorado “for … taking formal enforcement actions.” 

But as we move forward into 2025, the Safe Drinking Water Program and water utilities in general face considerable challenges spread over a number of areas. This is a partial list of challenges we will be facing over the next few years:

• Climate change
• Cybersecurity threats
• New federal rules involving lead, PFAS and the Consumer Confidence Reporting (CCR) rule
• Additional new rules expected to be finalized or drafted in 2025 including the Water System Restructuring Rule, M/DBP Rules and Perchlorate Rule.
• Struggling small systems including mobile home parks
• Aging workforce issues
• Increased demand for assistance and funding
• Aging infrastructure
• Addressing Environmental Justice
• Enhanced public and media scrutiny
• Emerging contaminants

Funding needs are substantial to address these challenges. We’ve seen great federal investment via the Bipartisan Infrastructure Law (BIL), which Colorado provided match funding to gain. But the BIL funding is slated to end in a few years, and Congressionally directed spending has led to considerable cuts in the base Drinking Water State Revolving Fund (DWSRF) that we normally rely on to support both the Safe Drinking Water Program and community infrastructure needs across Colorado. We must not let history repeat itself and allow a lack of investment to risk drinking water safety. 

To secure the needed investments in drinking water infrastructure: human, regulatory and constructed. We need public trust and confidence that this funding is merited and beneficial. We believe that adopting an industry-wide Culture of Health can support this goal. 

What is culture?

• Culture is a shared belief that connects our past, present and future. 
• Culture is a way of life. It’s how we do things.
• Culture is about our shared experiences, stories and history.
• Culture shapes our behavioral norms and institutions

Thus a Culture of Health in the drinking water industry means that we look at our daily routines and emergencies through a lens of protecting people’s health. We are an industry that works 24/7/365 to provide safe drinking water to everyone, and crucially to maintain societal functionality via sanitation and fire fighting. We are relentless!

Thanks for everything you have been doing to protect public health in Colorado. Remember:

We are all vital public health infrastructure!!

Sincerely,

Aqua Answers

State Revolving Fund Improvements

The State Revolving Fund (SRF) is implementing improvements to the prioritization process that will go into effect in 2025. The goal of these improvements is to ensure that the highest priority projects have the best chance at receiving SRF funding throughout the year. This article covers the upcoming changes and some helpful reminders as you begin preparing your application for funding.

• To receive updates about the SRF Program and reminders about the upcoming eligibility survey, please sign up for the Grants and Loans mailing list here. 

What is changing?

The current process is based on a first-come, first-serve process and does not utilize priority points until the end of the application process. As a result, it can prevent projects that score a high number of priority points from receiving funding because they apply too late in the funding year when funding capacities are lowest. The new prioritization process will implement priority scoring early in the process and provide advance notice of project priority and funding opportunities. The criteria for project scoring can be found in Attachment 1 of the Drinking Water Revolving Fund and Water Pollution Control Revolving Fund Intended Use Plans (IUPs).

Under the new process, priority points will be used to determine when a project may submit a loan application. Projects that score at or above the threshold may apply at any loan cycle during the year. Also, any borrower that qualifies as a disadvantaged community (DAC) is eligible to come in at any cycle. Projects that score below the threshold may only apply at the “Open” cycles. The priority point threshold for the WPCRF program is 100 and the threshold for the DWRF program is 110 points. Applicants will be provided a preliminary score at the prequalification stage and a final score at the project needs assessment stage. Please see the proposed schedule for "Open" and "Limited" cycles:

• January 5th (leveraged) - Open
• February 5th - Open
• April 5th - Limited
• June 5th (leveraged) - Limited
• August 5th - Limited
• October 5th - Limited
• November 5th - Limited

When will this go into effect?

The changes will go into effect in 2025. The current process will remain unchanged until that time. The 2025 IUP’s have been approved by the Water Quality Control Commission and will be posted on the website later this year. A list of FAQs can be accessed here. 

Helpful Tips & Reminders

In order to apply for SRF funds, you have to complete the eligibility survey which is the first step in the SRF process. The eligibility survey should be completed the year prior to be eligible for funding. The eligibility survey for funding in 2025 has been completed. If you are interested in future funding, be sure to complete the 2026 eligibility survey that will be open during the early summer of 2025. You will want to get signed up in the Colorado Environmental Online Services (CEOS) system to access the forms. The eligibility survey is not an application and completing it does not guarantee your project funding.

If you completed the 2025 eligibility survey and are planning on applying for funding in 2025, be sure you complete the Pre-Qualification form which triggers the next step of the process, the pre-qualification meeting. The Pre-Qualification form can be found in CEOS. During your pre-qualification meeting, your project manager will walk you through the loan process and the next steps. Here are links to the loan program steps for the Drinking Water Revolving Fund (DWRF) and Water Pollution Control Revolving Fund (WPCRF) and the main program page. 

If you have any questions about the SRF loan process, feel free to email cdphe_grantsandloans@state.co.us. If you need assistance navigating CEOS or form submission you can contact Angela Garcia  angela.garcia@state.co.us.

➽ Angela Green Garcia, Drinking Water Training Specialist

➽ James Wheatley, Project Manager

  

Coming in 2025: Renewing the General Permit for Water Treatment Plant Wastewater Discharges (COG641000)

The division is in the process of renewing the general permit for Water Treatment Plant Wastewater Discharges (COG641000). This permit was last renewed on November 1, 2005 and has been administratively continued and remains in effect beyond the expiration date of October 31, 2010. The general permit covers discharges of wastewater from drinking water treatment plants such as filter backwash water, to surface waters of the state and/or groundwater that is hydrologically connected to surface water. For this renewal, the division conducted a stakeholder process that included public meetings on March 14, 2023, April 5, 2023, June 6, 2023 and April 2, 2024. All current permittees were invited to participate in the stakeholder engagement process. Once a draft of the general permit is complete, it will be noticed for public comment in 2025. Following the public comment period, the division will respond to public comments in writing and make any applicable changes to the draft. Then the division will issue the final general permit and begin the process of renewing all the existing permit certifications.  

For more information, consult the division’s webpage about the COG641000 updates.

➽ Engineering Section and Clean Water Program Permits Section

New Grant Provides Money for Emerging Contaminants!

The division has been awarded $86 million from the EPA to implement the EPA Emerging Contaminants for Small or Disadvantaged Communities Grant Program (EC-SDC). The purpose of the program is to assist public water systems in small or disadvantaged communities with planning and design grants, and infrastructure funding to reduce public health risks from emerging contaminants.

The division is implementing the grant program in a multi-round Request For Application (RFA) process for public water systems under two tiers: Tier 1 is a planning and design grant up to $300,000. Tier 2 is a construction grant in award amounts up to $10M per year for up to three years. The program places priority on PFAS treatment projects followed by manganese and other drinking water emerging contaminants. More information regarding program details can be found on the WQCD Water Quality Grants webpage under the EC-SDC blue banner.

In order for projects to be eligible for this funding they must be governmental or private non-profit public water systems, be considered disadvantaged, and have an identified emerging contaminant issue through direct sampling. The program is focused on addressing issues related to PFAS, but manganese is also considered an emerging contaminant and can be funded through this program. If your system has not completed any PFAS sampling yet, you can qualify for a one time sampling of your finished drinking water for PFAS. Use this form to request PFAS sampling for your public water systems.

The program has already funded a number of projects including a new water plant to treat PFAS, a pilot study to evaluate new technology to treat emerging contaminants, and a planning grant to conduct studies to determine system improvement options for treating PFAS and manganese. 

The division plans to release an RFA near the beginning of 2025 and systems are encouraged to apply for this grant opportunity. The RFA will be announced on the WQCD Water Quality Grants webpage under the EC-SDC blue banner. There will also be an announcement sent out to all subscribers of our listserv under the topics of “General - Grants and Loans” and “General - PFAS (Toxic Firefighting Foam Chemicals)”. Please go to the Stay Informed - Water Quality site to subscribe to these and other lists. If you have any questions or you would like to discuss a potential project please reach out to cdphe_wqcd_ec_sdc_grants@state.co.us.

➽ Mark Henderson, Section Manager, WQCD Community Development & Partnership Section

Happy 50th Anniversary to the Safe Drinking Water Act

Water is a precious resource. Water is life, and we need to continue protecting it. On December 16, 2024 we will celebrate the 50th anniversary of the Safe Drinking Water Act. President Ford  (a part-time Vail, Colorado resident) signed it in 1974. This landmark legislation set unified standards for water systems across the United States to protect public health. The act set national health-based standards to protect against naturally occurring and human-made contaminants. 

That work continues today. In April 2024, the EPA set standards for the group of chemicals known as PFAS. That made headlines. It was the first new standard to be set since 2000. However, the typical water consumer probably never sees all the routine things that happen under the act. The Water Quality Control Division (division)  works every day to assist and educate our water partners across the state to ensure that water is properly treated and tested. Since 1974, the risk of waterborne disease and children’s lead exposure from drinking water has been dramatically reduced. The Safe Drinking Water Act also gives people the right to information about tap water from their community systems. This occurs annually in Consumer Confidence Reports (CCRs), another rule EPA updated in 2024, and via the Public Notice Rule when violations occur. This transparency helps people trust that their tap water is safe.

Moreover, the Safe Drinking Water Act provides federal money to help communities improve their drinking water systems, often costing millions of dollars. That benefit comes from the Drinking Water State Revolving Fund (DWSRF). South Fork, Colorado is a prime example of how well it can work. The town of about 600 people in Rio Grande County is located on the west side of the San Luis Valley. Two years ago, the town built a new water system to replace a patchwork of private wells. Now, there is enough treated water to supply 158 houses and to fight fires if needed. Town officials have stated that they would never have been able to achieve this project without the Water Quality Control Division's guidance and the Safe Drinking Water Act. 

We’ve made tremendous strides in the last 50 years improving drinking water quality. And we’re not done. Today, the division supports innovative ways to combat current and future challenges like new and emerging contaminants, wildfires, and more. We’re assisting dozens of communities helping them to replace aging water infrastructure, and that need will only expand as we head into the future. We’re also working with communities across the state to protect people from drinking water pipes that may contain lead. Water providers are looking for them. In several communities like Denver, the removal of lead pipes is already underway. 

The Safe Drinking Water Act provides our direction. The bottom line: we want people to have the water they deserve. The division will continue to do that here in Colorado, with guidance from the Safe Drinking Water Act, for years to come. Together with our water utilities, we’ve been safeguarding drinking water for the past 50 years via the Safe Drinking Water Act. 

Thank you for all the progress over the last half a century!

➽ John Michael Marketing and Communications Specialist

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

Record of Approved Waterworks and Sanitary Survey Significant Deficiencies

The Field Services Section (FSS) just wrapped up the 2024 inspection year (IY24) in September 2024 and the new IY25 inspection year started in October 2024! We appreciate all the assistance from public water systems in completing 497 sanitary surveys in 2024. In this article we will discuss one of the most frequently cited significant deficiencies from IY24: T119 Proper treatment operation of surface water or groundwater under the direct influence (GWUDI) systems. 

Many suppliers of surface water or groundwater under the direct influence (GWUDI) have participated in the Disinfection Outreach and Verification Effort (DOVE) led by the Engineering Section. DOVE reviews typically include a detailed  assessment of the disinfection process and thorough documentation of all other unit processes at all active surface water treatment plants. The two end results of the DOVE review are 1) a facility-specific Monthly Operating Report (MOR)  and 2) a Record of Approved Waterworks (RAW). The RAW is issued by the Engineering Section and it covers all the supplier’s approved treatment and storage facilities and water sources. To find you facility's RAW please visit this website and type in your PWSID or the name of your facility. 

The RAW includes conditions of approval specific to the treatment plant that are evaluated during the sanitary survey. These conditions of approval are important operational requirements specific to each facility that are in place to ensure the production of safe drinking water and protection of public health. All suppliers are encouraged to be familiar with their RAW; especially the “conditions of approval” for each facility. 

Frequently seen RAW conditions of approval that are evaluated during the sanitary surveys include but are not limited to:

1. For suppliers reporting the log inactivation ratio achieved in their MOR:
• Clearwell levels and flow rate must be measured and recorded at least as often as each disinfectant residual monitoring event as defined in Section 11.8(3)(c) of Regulation 11. The records of clearwell volume and flow rate are subject to Division review during sanitary surveys.
• Water temperature and pH must be measured and recorded as often as necessary given source water quality conditions but at least as often as once every week. These records are subject to Division review during sanitary surveys.
2. For suppliers reporting the lowest daily chlorine residual value in their MOR:
• The minimum contact time volume must be measured and recorded at least as often as each disinfectant residual monitoring event as defined in Section 11.8(3)(c) of Regulation 11. The records of contact time volume is subject to Department review during sanitary surveys.
• Tank level sensors typically are required to be verified at least annually to ensure measurements are calibrated and accurate. Records of level sensor measurement confirmation must be kept and  are subject to review during sanitary surveys.
3. Any contact tank bypass valves (if present) must be confirmed as being operationally closed at least once per year by appropriately actuating the valve. If the bypass is operated at any time, the supplier must notify the Division prior to use. Records of bypass valve annual actuating and maintenance must be maintained and are subject to Division review during sanitary surveys. A common method for verifying valve closure and valve actuator integrity is to count, and keep a record of the number of actuator turns from open to closed and verify that the number of turns counted is correct for the valve type and size.
4. Suppliers using alternative filtration technology must continuously meet the design, performance, and operation and maintenance requirements established in Sections 4.3.9.6 – 4.3.9.8 of the Design Criteria and in the Department’s Acceptance letter for the specific filtration technology/vendor. 

• For bag and cartridge filtration systems, this includes the requirements to not exceed the maximum specified pressure differential and keep a record of daily routine pressure differential readings and filter change outs and these records will be reviewed during the sanitary survey. Specific spare parts may also be required to be on hand and will be checked during the sanitary survey. 
• For membrane systems, suppliers must maintain an operation and maintenance manual for the filtration system. All integrity tests and Clean In Place (CIP) procedures must follow manufacturers prescribed procedures. The supplier must also keep records of the following operational parameters and the records will be reviewed during the sanitary survey:
• Integrity test date, results (pass or fail), and initials of person performing the test
• Clean in place dates with clean water permeability and integrity test results.
• Filter maintenance and fiber repair results
• Filter replacement date and reason for replacement.

Please review your RAW and make sure you are aware of the requirements established by any conditions of approval and keeping the required records. The RAW conditions of approval and site-specific records will be reviewed during the sanitary survey and if there is an issue, a T119 Significant Deficiency may be issued. According to Regulation 11, Section 11.3(72), a significant deficiency means: 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. Significant deficiencies must be addressed in writing within 45 days after the sanitary survey letter and any significant deficiencies that remain unresolved after 120 days or past an department approved schedule will be referred to compliance for a type 45-violation that requires Tier 2 public notice (30 day public notice with health effects language). 

Please check the conditions of approval in your RAW to protect public health and avoid significant deficiencies during your next sanitary survey. If you have any questions regarding your RAW, please contact the Engineering Section. If you would like additional assistance on technical issues or sanitary survey preparation, please 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

➽ Andrew Rice, PE, Engineering Section

Operator Examinations - Be prepared before you apply!

As a friendly reminder, the operator examination eligibility period changed on March 1, 2024, from 180 days to 100 days. This means that upon examination application approval by CCWP, operators have 100 days to pass that exam. CCWP does not offer extensions or refunds to operators who do not pass the exam within that 100-day window and PSI requires 30 days between exam attempts. This means that if an operator does not pass an exam, while they may schedule a re-test at any time, the operator must wait 30 days to take the exam again. 

So, we recommend that operators study and prepare for an exam before submitting an exam application! 

Water Professionals International (WPI) provides various examination resources (including the Need-to-Know Criteria for each exam type), and you can also find other helpful links to study resources on CCWP’s website.  

For tips on managing testing anxiety, check out this Aqua Talk article on Equipping Operators with Skills to Manage and Overcome Testing Anxiety. 

Important things to keep in mind: 

• Use the CCWP Portal to submit an exam application.
• If you do not pass the exam within the 100-day eligibility period, do not re-apply on the CCWP Portal until at least 30 days after your unsuccessful exam attempt. 
• Schedule your exam with PSI, not CCWP. You can either go to a testing center (Find a Testing Center) or use PSI’s remote proctoring option (PSI Online Proctoring Compatibility Check) to take your certification exam. Be sure to know the rules and expectations before you choose which option is best for you. More information can be found on CCWP’s website or in PSI’s Candidate Handbook for Colorado. 
• Plan accordingly! Winter weather can greatly impact travel to test centers and PSI may not issue refunds due to inclement weather. Consider contacting PSI to verify your test center is open before you travel. 
• The CCWP exam application fee is $50; the PSI examination fee is $104 per exam attempt. 

If you have any questions about the examination process, feel free to contact CCWP (719-225-7339 or info@coloradocwp.com) or Jessica Morgan (cdphe.facilityoperator@state.co.us). 

➽ Jessica Morgan WWFOCB Liasson

Mobile Home Park Drinking Water Regulations

In a recent AquaTalk article, the following quiz question was proposed for readers:

If a mobile home park does not have a well or treatment system, but bills customers for water, what regulations apply?

1. The plumbing code alone
2. The plumbing code and the new Mobile Home Park Water Quality Act
3. The plumbing code, the new Mobile Home Park Water Quality Act, DOLA’s Mobile Home Park Oversight program, and Regulation 11 within the distribution system.
4. None of the above are fully correct; it’s complicated!

It is complicated! All of the above (and more) may apply, but the answer is 4 because it depends on some important variables that must be evaluated on a case by case basis. Hopefully after reading this, the statutory and regulatory frameworks that apply to mobile home park water quality regulations will be more clear. 

DOLA’s Mobile Home Park Oversight Program

The Department of Local Affairs (DOLA), Division of Housing’s Mobile Home Park Oversight Program (MHPOP) implements the Mobile Home Park Act. The program also conducts outreach, education and maintains an annual mobile home park registration system. DOLA has all of the applicable laws, rules, and policies located on their MHP rules website.

What is a mobile home park? MHPOP’s definition of MHPs is on their website. To summarize, a "mobile home park" is a parcel of land that accommodates five or more mobile homes. And the park operates for the monetary benefit of the land owner. Homes must be "designed for long-term residential occupancy". This language clarifies the difference between mobile home parks and recreational vehicle (RV) parks. Refer to MHPOP’s definition to understand the nuances between housing communities. To add, if a mobile home park does not have 5 or more manufactured homes, it is not considered a mobile home park. 

Mobile Home Park Water Quality Act

The Colorado Department of Public Health and Environment’s Water Quality Control Division implements the Mobile Home Park Water Quality Act (Act). This Act applies to all mobile home parks that meet the MHPOP definition. This Act was signed into law by Governor Polis in June 2023. This law establishes a water quality testing program for mobile home parks. The following occurs under the law:

• Mobile home parks are prioritized for testing based on criteria in the law.
• Site-specific testing plans are created for each mobile home park.
• The department’s contractor, Terracon, completes water quality testing.
• The analysis is completed at certified laboratories.
• All test results are submitted to the department.
• The department has 10 days to notify the mobile home park owner of test results. The wholesaler also receives a copy of the notice.
• Test results are posted online in English and Spanish.
• Mobile home park owners must provide residents with a notice of test results within five days.
• If a water quality issue is identified, the department will typically require the mobile home park to complete additional testing. Remediation or temporary measures necessary to address acute health risks may be required.

The purpose of the Act is to conduct water quality testing at all mobile home parks over a four year period. The law considers resident concerns about water quality. The Act also requires the department to create an Action Plan. The Action Plan will provide an overview of findings and offer longer term recommendations to improve water quality in parks across Colorado. 

In February, we posted an informative AquaTalk article about the new Mobile Home Park Water Quality Act.

Colorado Primary Drinking Water Regulations - Regulation 11

The Colorado Department of Public Health and Environment’s Water Quality Control Division implements Regulation 11. This Regulation is applicable to public water systems (PWS). A PWS is defined as:

• A system that provides the public water for human consumption through pipes or other constructed conveyances; 
• Has at least fifteen service connections; and/or
• Regularly serves an average of at least 25 individuals daily at least 60 days per year; and
• Includes either a source or treatment, or receives all of its water from a public water system and sells water to its customers.

Some mobile home parks treat their own water source, but a majority of mobile home parks in the state are connected to existing public water systems. Parks that get water from a public water system and bill customers for water based on usage are selling water. Any water billing structure that fluctuates based on water usage is considered selling. This includes submetering and splitting a bill amongst users. If water charges are included in rent, the mobile home park is not considered selling. Any mobile home park with 25 or more residents or 15 service connections that sells water is a public water system and subject to Regulation 11.

If a mobile home park meets the definition of a public water system but receives all of its water from another public water system, it is still required to monitor water quality in the distribution system (disinfection, disinfection byproducts, lead and copper, total coliform bacteria). The mobile home park must also comply with operator certification and backflow prevention requirements, storage tank inspections/maintenance requirements, recordkeeping requirements, and perform public notifications. The Department also performs sanitary surveys on a 3-5 year frequency.

Water and Wastewater Facility Operators Certification Requirements - Regulation 100

The Colorado Department of Public Health and Environment’s Water Quality Control Division and the Water and Wastewater Facility Operators Certification Board implement Regulation 100. Regulation 100 is applicable to the mobile home parks that meet the PWS definition. Regulation 100 ensures that people who operate water and wastewater facilities are properly trained and certified. If a mobile home park receives all of its water from another public water system, it is still required to have a certified operator for its distribution system.

Plumbing Code

Another critical requirement is the plumbing code. The State Plumbing Board licenses, registers, and regulates plumbers, apprentices, and plumbing contractors. Information is available at The Department of Regulatory Agencies' plumbing website. The Colorado Plumbing Rules and Regulations are an adoption of the International Plumbing Code and International Residential Code 2021 edition. These regulations and plumbing codes are applicable to mobile home parks. The terms Manufactured Home and Manufactured Housing is used throughout the plumbing code to refer to mobile home parks.

Hypothetical Examples

What rules and regulations apply to a mobile home park that has 13 mobile homes, 28 residents, is connected to a public water system and bills customers for water based on usage?

• DOLA’s Mobile Home Park Oversight Program
• CDPHE’s Mobile Home Park Water Quality Act
• Regulation 11
• Regulation 100
• Plumbing Code

What rules and regulations apply to a mobile home park that has 50 mobile homes, 100 residents, is connected to a public water system and includes water in resident’s rent without fluctuation based on usage.

• DOLA’s Mobile Home Park Oversight Program
• CDPHE’s Mobile Home Park Water Quality Act
• Plumbing Code

The number of mobile homes in the mobile home park, number of residents or service connections, and billing structure are important variables when identifying applicable rules and regulations. 

➽ Ian Ferguson, Drinking Water Compliance Specialist

Storage Tank Rule Guidance and Checklist Updates Underway

In 2020, the division worked with stakeholders to develop the updated Storage Tank Rule regulation and Policies DW-010, DW-012 and DW-015 that accompany the regulation updates. The Commission approved all proposed modifications in August 2020 and the regulation updates were effective on October 1, 2020. The Storage Tank Rule (Regulation 11, Section 28) protects public health and public water systems from potential contamination associated with unprotected storage tanks within the public water system’s drinking water distribution system. 

The Field Services Section is actively working on finalizing the Storage Tank Guidance and the periodic and comprehensive inspection checklists to reflect the 2020 Storage Tank Rule updates. The updates to the checklist will incorporate feedback inspectors have received from operators in the field during sanitary surveys. We hope that the updated checklist will be a clear, concise and useful tool for operators when conducting the periodic and comprehensive inspections that are key in ensuring safe drinking water.   

The goal for publishing the updated Storage Tank Rule guidance and checklists on our website is December 2024. If you have questions regarding implementation of the Storage Tank Rule, please email the Field Services Section at cdphe_wqcd_fss_questions@state.co.us. The department, operators and the supplier share the same goal – “Always Safe Drinking Water”.  

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

Be Prepared for Public Notice

This article originally ran in the Fall 2014 Aqua Talk newsletter. Remember getting hard copies in the mail? We thought running it again now would be a good idea because starting in Fall 2024 Lead Action Level Exceedances will require Tier 1 public notice. 

Is your water system ready to notify the public? 

You do an excellent job running your water system and it never has any violations. You do not need to be prepared to rapidly notify your customers of an acute health risk or other health-based violations. Right? Wrong! We believe that all systems need to be prepared for the possibility of issuing a system-wide public notice for a variety of situations.

Through no fault of your own, due to flooding and the associated damage or if routine and repeat samples in the distribution system come back positive for E. coli, your system may face a situation that represents an acute public health risk. According to the Colorado Primary Drinking Water Regulations, you would need to issue a Tier 1 public notice as soon as practical, but no later than 24 hours after becoming aware of the situation. Remember, that by the time the results come back positive on the repeat samples, a couple of days have gone by since the initial samples were collected. Will your customers be satisfied with waiting another 24 hours before being told not to drink their water without boiling it?

Are you ready to do this? On a weekend? On a major holiday? How will you do this, Reverse 911 or other methods? This kind of public notice has a huge impact in the community. Operations at restaurants, businesses, grocery stores, hotels, schools, daycares and more are all significantly impacted. Are you ready to be in touch with all of these entities? There could be media interest. They will ask what did you know? When did you know it? When is the situation going to be fixed? There could be an explosion of social media interest via Facebook and X. Are you ready to engage in these communication methods? What if the event overwhelms your available resources? Are you a member of CoWARN? If so, you may be able to get help from other water systems.

If there is uncertainty about how you will accomplish a rapid notice or about the answers to any of these questions, then we suggest that planning for this kind of event would be a very beneficial activity. While we do not offer specific training at this point in time about Tier 1 public notice, we would be happy to assist your water system with planning for such an event. Please contact Kyra Gregory at kyra.gregory@state.co.us. 

Now, let’s switch gears to a lesser crisis. Suppose that due to an equipment malfunction followed by an alarm breakdown that does not alert you, your filtration system does not meet turbidity limits for a short time period. The drinking water acute team will evaluate the situation, and if there is not an acute risk, then tier 1 public notice would not be needed. However, this situation likely still represents a health-based violation of the Colorado Primary Drinking Water Regulations and triggers a tier 2 public notice. Tier 2 public notice must be issued as soon as practical, but no later than 30 days after the event. Again, will your customer be satisfied with finding out about a violation a month later? Will this generate media interest along the lines of “Why did you wait so long to tell people?” Again, planning for these situations in advance can help you meet not only regulatory requirements but also customer expectations. 

Thank you.

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

Coaches' Classroom: How to secure your remote SCADA access

On September 5, 2024 The Federal Bureau of Investigation (FBI), in partnership with CISA, the National Security Agency (NSA), and other U.S. and international partners, released a joint Cybersecurity Advisory: Russian Military Cyber Actors Target U.S. and Global Critical Infrastructure. This advisory provides overlapping cybersecurity industry cyber threat intelligence, tactics, techniques, and procedures to protect critical infrastructure against the Russian military cyber actors and other international cyber criminals. This advisory highlights the increasing risk that cyberattacks pose to US critical infrastructure and, by extension, Colorado public drinking water systems and wastewater providers. 

Because of this continued rise in attacks, the department’s Drinking Water Coaches want to take a moment to discuss a crucial potential vulnerability in drinking water cybersecurity: remote SCADA. With the increasing reliance on operational technologies (OT) like smart phones, laptops, and tablets, it is crucial to ensure that these systems are protected from potential cybersecurity threats. 

What is remote SCADA?

Remote SCADA access allows operators to monitor and control water treatment and distribution systems even when they are not physically present at the plant. This tool provides real-time information on water quality, levels, pressure, and alarms, enabling quick action to be taken if needed.

How can you protect your remote SCADA?

To safeguard your drinking water systems, we recommend the following best management practices: 

1. Use a Separate Device and Minimal App Use: Utilize a dedicated device solely for accessing the SCADA system to minimize the risk of unauthorized access. Limit the installation of additional apps on this device to reduce vulnerabilities. 
2. Implement Multi-Factor Authentication (MFA): Enhance security by requiring multiple forms of verification before granting access. This additional layer of protection can prevent unauthorized entry even if one factor is compromised. A common example is to use text and email verification.
3. Granular Access Controls: Restrict users' access within the SCADA system based on their roles and responsibilities. This ensures that each user can only modify controls relevant to their job function. Establish a process for users to request permission changes, which should be approved by authorized personnel. This segmentation of your SCADA controls will ensure that if one user’s remote access is compromised, the damage will be minimized. 
4. Robust Remote Access Program: Regularly evaluate the strength of your remote access program by ensuring that software and infrastructure are updated with the latest security patches and protocols. Conduct security audits and penetration testing to identify and address vulnerabilities. Consider using encryption technologies like Virtual Private Networks (VPNs) to secure data transmission. 
5. Limit network connectivity: Utilize only cellular data or private Wi-Fi connections. Turn off auto-connect to avoid automatically connecting to public Wi-Fi networks. If using a private Wi-Fi connection, ensure a key must be entered for access and the connection is encrypted.

By following these strategies, water systems can enhance the resilience and integrity of their infrastructure against cyber threats. Remember, protecting our drinking water resources is a shared responsibility that requires ongoing vigilance and adaptability to evolving cybersecurity challenges. Safeguarding our drinking water systems is essential for maintaining public health and public trust. Thank you for your dedication to ensuring the safety and quality of our water supply. 

We want to know - How do you protect your remote SCADA OT?  

The department and our state and federal cybersecurity partners continue to create new resources and tools to help you as you protect your systems from cyber attacks. If you have a robust Remote SCADA protection plan please email kyra.gregory@state.co.us. We are hoping to gather information and produce a best management practices guidance document.  

How can your system become more cyber literate?

Please see the below list of cybersecurity resources to help your system to better protect your IT/OT from cyber attacks: 

• CDPHE Security Toolbox: The department gathered resources to help your system prepare for and respond to cyber and physical security incidents. 
• WQCD Guidance: Respond and Report Cyberattacks  can be used when your water/wastewater facility experiences a cybersecurity event. It outlines what steps to take, the required steps to report the event, and what to expect after reporting the event.
• Self-Assessment: EPA self assessment resources and Water Cybersecurity Assessment Tool (WCAT)
• Third-Party Assessment: EPA’s Water Sector Cybersecurity Evaluation Program and Colorado Information Analysis Center Cyber Assistance 
• EPA Cybersecurity Technical Assistance Program for the Water Sector
• EPA Cybersecurity Incident Action Checklist
• EPA collection and explanation of cybersecurity funding opportunities 

➽ Kyra Gregory Drinking Water Training Specialist

Program Manager Message: Water Sector Security and Resiliency Road Map

In January 2024 representatives from water and wastewater utilities and the professional organizations along with EPA and the Cybersecurity and Infrastructure Security Agency workgroup released an updated Roadmap to a Secure and Resilient Water and Wastewater Sector. The original roadmap was created in 2009 and then it was updated in 2013 and 2017. The workgroup identified key security threats and vulnerabilities to the water sector and assessed capability gaps in addressing them. The roadmap then identified a number of priority actions to help fill in those gaps. A key theme in this document related to physical, workforce and cyber security was the need to build the culture in the workplace to better understand and protect against threats. 

With respect to cybersecurity, some of the recommended actions include:

• Basic practices for responding to technology failures, being able to operate plants manually in times of need.
• Take basic cybersecurity steps and maintain them, such as password security including routines to change them periodically and removing credentials when employees leave or retire.
• Educate employees about cybersecurity and understand incident reporting requirements.
• Conduct training on how to spot ransomware emails.
• Hold cyber event exercises.
• Advocate for cybersecurity awareness and practices up and down and all across your water system.

We greatly encourage your utility and any associated technology resources that may be located in other agencies such as billing to take steps in these action areas. It’s important to assess the threats and vulnerabilities specific to your utility and its technology assets. After the vulnerabilities are identified and assessed for severity, it’s important to take action to close down those vulnerabilities. This is not necessarily easy, but we can connect you to resources for assistance. This threat is very serious. There have been successful cyberattacks on Colorado utilities over the last few years, including a successful ransomware attack in May 2024. At a minimum, a successful attack can create an immediate crisis at a utility that costs a great deal of time and money. But more serious problems that jeopardize drinking water quality and public health could happen too. We urge you to take steps now and into the future to both prevent attacks on your utility and be prepared to respond if an attack does occur.

Thank you.

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

PFAS: Upcoming Stakeholder Information and Answers to Common Questions

Stakeholder meeting for regulating per- and polyfluoroalkyl substances (PFAS) in drinking water

The Water Quality Control Division will host our kickoff meeting on Thursday, Aug. 22, 2024, from 1 to 2:30 p.m to discuss the statewide adoption of the EPA’s PFAS National Primary Drinking Water Regulation under the Water Quality Control Commission’s Regulation No. 11. 

• Register for the PFAS kickoff meeting 

We invite all interested individuals to participate in the process but strongly encourage community and non-transient, non-community public water systems to attend. 

• Sign up through the PFAS drinking water rule engagement form if you would like to continue to receive email correspondence regarding this process.

PFAS Questions

What just happened with the PFAS rule?

On April 10, 2024 the Environmental Protection Agency (EPA) set maximum contaminant levels (MCLs) for five individual PFAS: PFOA, PFOS, PFNA, PFHxS, and HFPO-DA (known as GenX). The EPA is also setting a Hazard Index level for two or more of four PFAS as a mixture: PFNA, PFHxS, HFPO-DA, and PFBS.

Chemical	Maximum Contaminant Level Goal (MCLG)	Maximum Contaminant Level (MCL)
PFOA	0	4.0 ppt
PFOS	0	4.0 ppt
PFHxS	10 ppt	10 ppt
HFPO-DA (GenX Chemicals)	10 ppt	10 ppt
PFNA	10 ppt	10 ppt
Mixture of two or more: PFHxS, PFNA, HFPO-DA, and PFBS	Hazard Index of 1 (unitless)	Hazard Index of 1 (unitless)

Table 1. New federal PFAS Regulatory Levels

Definitions

Maximum Contaminant Level Goal (MCLG): The level of a contaminant in drinking water below which there is no known or expected risk to health and allows for an adequate margin of safety. MCLGs are non-enforceable public health goals.  

Maximum Contaminant Level (MCL): The highest level of a contaminant that is allowed in drinking water. MCLs are set as close to MCLGs as feasible using the best available treatment technology and taking cost into consideration. MCLs are enforceable standards.   

Parts per trillion (ppt):  A ppt is a measurement of the quantity of a substance in the air, water or soil. A concentration of one part per trillion means that there is one part of that substance for every one trillion parts of either air, water or soil in which it is contained. One part per trillion is equivalent to one nanogram per kilogram ng/L.

Hazard Index (HI): The Hazard Index is a long-established approach that EPA regularly uses to understand health risk from chemical mixture. The HI is made up of a sum of fractions. Each fraction compares the level of each PFAS measured in the water to the highest level determined not to have risk of health.

What is a Hazard Index?

Research shows that mixtures of PFAS can have additive health effects. This means that low levels of multiple PFAS that individually would not likely result in adverse health effects may pose health concerns when combined in a mixture. EPA’s Hazard Index MCL is set at 1 and applies to any mixture containing two or more of PFNA, PFHxS, PFBS, and GenX. The Hazard Index is made up of a sum of fractions. Each fraction compares the level of each PFAS measured in the water to the highest level below which there is no risk of health effects.

Is this going to impact my water system?

Community Water Systems and Non-Transient Non-Community Water Systems must comply with the PFAS drinking water MCLs. Consecutive community systems and NTNC systems must comply with the MCLs as well but the requirements are less extensive.

When will I see this on my Monitoring Schedule? When do I need to start sampling? Am I going to need to install treatment?

By the end of 2026: 

• Systems must conduct initial monitoring or obtain approval to use previously collected monitoring data
• States must adopt PFAS rule into state regs

Starting in 2027: 

• Systems must start their ongoing compliance monitoring
• There are opportunities for reduced monitoring depending on the system’s initial monitoring results
• Systems must include results of their monitoring for the regulated PFAS in their Consumer Confidence Reports
• Systems must start issuing public notification for any monitoring and testing procedure violations

By the end of 2028:

• Systems that detect PFAS above the new standards must implement solutions that reduce PFAS in their drinking water to below the MCLs to remain in compliance with the rule

Starting in 2029: 

• Systems must comply with all regulated PFAS MCLs
• Systems must provide public notification for violations of the PFAS MCLs

What treatment methods will remove PFAS?

• Granular activated carbon (GAC), ion exchange and reverse osmosis are the most common methods of removing PFAS from drinking water. 
• Most conventional drinking water treatment methods will not remove PFAS.
• Powdered activated carbon (PAC) may remove some PFAS but testing is required to confirm.
• PFAS is not removed by boiling.

How do I deal with PFAS treatment residuals?

The EPA released an interim disposal guidance for PFAS media, backwash water, and RO concentrate. Their current recommended methods are:

• Underground injection
• Landfill
• Thermal treatment/incineration - this is the best option but isn’t widely available yet. Note that exhausted GAC media can be thermally regenerated for non potable use. 
• Interim storage for high PFAS content materials.

Are there labs to do this testing? Is it expensive?

• Testing costs vary from lab to lab and typically range from about $300 to $600 per sample. Systems must use an approved test method (EPA 533 or EPA 537.1) Be aware that there are lower cost PFAS tests available and while these may be good for applications like testing a private well, they may not be acceptable for compliance purposes. 
• Systems can sign up for CDPHE’s grant program for initial PFAS monitoring or reach out to cdphe_wqcd_pfas_grant@state.co.us.
• All labs on the EPA’s list of labs certified for PFAS testing are acceptable for compliance purposes.

Where can I find more information?

• CDPHE's Water Quality PFAS website
• EPA’s Water Quality PFAS Website
• CDPHE's PFAS testing results in public water systems in Colorado

➽ Chelsea Cotton, Lead Drinking Water Engineer