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Friday, December 13, 2024

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


Wednesday, December 11, 2024

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