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

Public Health Success in Partnership

Palmer Lake Mobile Home Ranch and The Town of Monument Partner to Provide Drinking Water

Town of Monument, CO

Palmer Lake Mobile Home Ranch successfully closed out their long-standing enforcement order after many hurdles and plot twists. This is a story of collaboration between water systems and with Department staff. Palmer Lake Mobile Home Ranch is a mobile home community in El Paso County that serves approximately 250 people. 

In 2014 to 2018, Palmer Lake Mobile Home Ranch was struggling to maintain compliance with a variety of regulatory requirements. As a result, in 2018, the Department issued an Enforcement Order due to the system's failure to comply with The Colorado Primary Drinking Water Regulations (Regulation 11) and The Water and Wastewater Facility Operators Certification Requirements (Regulation 100).  The purpose of the Order was to provide deadlines and oversight to keep Palmer Lake Mobile Home Ranch on track toward returning to compliance and maintaining long-term compliance with Regulation 11 and Regulation 100.

Later in 2018, water samples collected from a proposed well indicated elevated concentrations of combined radium -226 and -228 and resulted in violations of the maximum contaminant level (MCL). Radionuclides such as these can occur naturally in water sources as a result of the erosion of natural deposits. While they are not an acute health risk for short-term consumption, there are chronic risks including a higher risk of developing cancer if water with elevated radium levels is consumed over a long period of time. Even though Palmer Lake Mobile Home Ranch had resolved all but one of the prior violations, the Department issued an amendment to their Order to bring the new MCL violations into the corrective action oversight provided by the Order.

The owner of Palmer Lake Mobile Home Ranch expressed frustration at the complexity of this new MCL violation but continued to work with their contract Professional Engineer and the Department to explore affordable solutions. Even though this water system serves full-time residents, as a private, for-profit business, the owners could not qualify for funding assistance (grants or low interest loans) from local, state or federal agencies. Collaborative communication between the Department, the system, and contract engineers was dedicated to designing a solution that would effectively reduce the concentration of combined radium in the water. Several ideas were considered, but only a few were realistically going to ensure future compliance. The system decided to install treatment to remove radium, but complications developed throughout the process: the financial burden of the total cost of the project was becoming an increasing concern, and they were not allowed to discharge the removed radium as a waste stream which eliminated some treatment options. The remaining treatment option added extra cost beyond the treatment installation and operation/maintenance. They would need to use a treatment that captured the removed radium in a resin instead of discharging it in a waste stream. This would require obtaining a hazardous waste handler permit for the Palmer Lake Mobile Home Ranch itself, and they would also pay indefinitely for a specially permitted waste hauler service to remove the resin on a regular frequency. 

In 2022, a new partner entered the conversation. The Town of Monument informed the Department of plans to construct a water line that was going to run along the property edge of Palmer Lake Mobile Home Ranch as part of a new storage tank construction project. Given the complications that Palmer Lake Mobile Home Ranch was experiencing with installing treatment for their own water supply, they were enthusiastic about this new development. When the Department received confirmation from the Town of Monument that they were willing to provide a connection to Palmer Lake Mobile Home Ranch, as well as confirmation from Palmer Lake Mobile Home Ranch that they would accept the connection and disconnect their wells, the Department readily agreed to the change of plans.

Despite having exhausted significant effort and resources toward implementing solutions for an improved water system and treatment for combined radium, ultimately, Palmer Lake Mobile Home Ranch decided that the best way to return to compliance was to tie in with the Town of Monument. In December 2023, the connection was completed and the wells were disconnected. Palmer Lake Mobile Home Ranch is now classified as a consecutive system receiving finished drinking water from another regulated water system, and the water being distributed to its residents is now in compliance with Regulation 11. 

While Palmer Lake Mobile Home Ranch demonstrated admirable determination in attempting to independently return the water system to compliance with all regulations, ultimately, success was found in partnership, as expressed in these testimonials from Palmer Lake Mobile Home Ranch and The Town of Monument. This highlights the important lesson in weighing perseverance against the path of least resistance: sometimes the simplest option is the best option. The Department is committed to a culture of health that prioritizes safe drinking water for all consumers and works hard to facilitate success stories such as these.

It is also important to take into consideration how existing regulations now apply to Palmer Lake Mobile Home Ranch moving forward. Consecutive water systems are still required to comply with Regulations 11 and 100, there are just differences in the applicability of certain rules. Additionally, the new water quality testing program under the Mobile Home Park Water Quality Act will begin this year. This program is designed to address community member concerns, identify water quality issues, and remediate water quality issues at parks throughout Colorado.

Did you know that Colorado has hundreds of small mobile home parks that receive finished drinking water from a regulated water system? 

QUIZ: If a mobile home park does not have a well or treatment system, but bills customers for water, what regulations apply? Choose the correct answer:

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!

Look for the answer in a future AquaTalk article!

➽ Lauren Fracasso Compliance Specialist for South Unit

➽ Emily Clark Enforcement & Field Findings Compliance Lead

New Act to Test Drinking Water Quality in Mobile Home Parks

Governor Polis signed the Mobile Home Park Water Quality Act in June 2023. The law creates a drinking water testing program for Colorado's mobile home parks. The goal is to test all parks for primary and secondary contaminants. Secondary contaminants are often related to an adverse smell, taste, and color. Mobile home parks are a vital source of relatively  affordable housing for many people. While some parks are regulated and meet the current drinking water standards, many residents feel that their drinking water is unsafe. As a result of these concerns and potential problems created with secondary contaminants, some residents feel compelled to buy bottled water for drinking and cooking. The testing will check if there is a water quality issue at each park. Remediation is required if there is a water quality issue that impacts the welfare and safety of the residents.

The department will test 750 parks across the state over a four year period. Each year, 25% of the parks must be tested. Testing will start in July 2024 and end in July 2028. The department is responsible for developing the overall testing plan, prioritizing the sampling, conducting stakeholder outreach, reviewing results, and requiring remediation. An independent contractor will conduct the testing. We will also interview park community members about water quality concerns. This will ensure representative testing in each park. 

Testing may include:

• Primary contaminants: Testing will be conducted if the park is:
• Not regulated as a public water system; or 
• Does not receive its drinking water from another regulated public water system.
• All parks will be tested for secondary contaminants (e.g., hardness, total dissolved solids, iron, odor, and manganese). 
• All parks will be tested for “forever chemicals” (per- and polyfluoroalkyl substances (PFAS)) unless:
• The park has already participated in recent PFAS voluntary efforts; or 
• The system they purchase water from has participated in recent PFAS voluntary efforts.  

All testing results will be posted on our website. We will notify the following entities within 10 days of receiving results:

• The mobile home park owner.
• The county health department and/or city government.
• The Mobile Home Park Oversight Program (MHPOP) in the Department of Local Affairs.
• The mobile home park’s water supplier.
• The CDPHE Environmental Justice Ombudsperson.

Once notified, park owners must notify residents of results within five days. If the department identifies a water quality issue, the park owner must:

• Include information about the issue in the notice
• Prepare and submit a remediation plan within 120 days
• Comply with any orders issued
• Not pass the cost of compliance on the Park residents

The department is developing resources for both residents and park residents. This includes lists or websites for: 

1. Professional translation vendors
2. Certified contract operators
3. Certified labs
4. Colorado’s Water/Wastewater Agency Response Network
5. Water haulers

What does this mean for water suppliers and operators?

Park owners or residents may ask about testing. If your water system sells water to a park, you may be contacted for additional information. Here is a list of Colorado’s registered parks across the state. Parks may want to tap into the local utility if testing identifies a water quality issue.

We anticipate that some parks may meet the definition of a public water system and be regulated. These systems will need to hire a certified operator, develop monitoring plans, and start testing the water. They may reach out to neighboring systems for operator referrals or questions about treatment. For example, if the park identified high levels of manganese, they might ask other systems what type of treatment they are using. 

 For more information, please visit our Mobile Home Park website.

➽ Stephanie Hosie, Drinking Water Compliance Assurance