Ask Aqua Man

COVID-19 and Water Operation Concerns

Dear Worried, 

Great questions! We are also concerned about the impacts of COVID-19. In fact, we have prepared an Frequently Asked Questions (FAQ) document about exactly your concerns. Please read through it. 

FAQ Highlights

During any type of emergency, the most powerful tool for public utilities is other utilities lending a hand. This was true in the large-scale flooding of 2013 as well as major forest fires and blizzards. Having a network of other utilities that you can rely on is highly valuable. 

Our primary recommendation to utilities is to make both your needs and your resources known on the CoWARN network. CoWARN is an organization that facilitates mutual aid and resource sharing between water and wastewater utilities, and it is free to join. READ MORE ABOUT IT IN THE FAQ.

If you are short-staffed, you would still need to sample, but please contact CDPHE during any specific emergency where sampling will be disrupted. We also recommend sampling early in the month (or monitoring period). That way, if staff become ill later in the month, at least there will be one less thing to worry about for that month. We are more than happy to help you prioritize and also to warn potentially impacted people. Also, it is important to announce your labor shortages during an emergency through the CoWARN network. 

Please check out the FAQ. If you have concerns that are not addressed in the FAQ, please let us know! It’s very likely that someone else has the same question, so we want to add it to the FAQ. You can also check out the news updates on our department COVID-19 webpage for the latest information on Colorado's COVID-19 efforts. 

Best of luck, 
-Aqua Man

Contacts

Drinking water  
Tyson Ingels | tyson.ingels@state.co.us 
Lead Drinking Water Engineer

Wastewater 
David Kurz | david.kurz@state.co.us
Lead Wastewater Engineer

Coaches' Classroom

Free online water and wastewater courses available

Mandatory Regulatory Training

On September 25, 2018, the Water and Wastewater Facility Operators Certification Board adopted a new requirement for certified operators: completing “an approved regulatory training course.” This requirement must be met every three years (100.14.5(b)). 

The board adopted Board Guidance 19-1 in June 2019, which established guidelines for the mandatory regulatory training (MRT) requirement and defined specific learning objectives for the MRT courses. The guidance did not apply to courses approved for calendar year 2019, but it does apply to courses submitted for approval in 2020.

The guidance established that there are two MRT tracks, one for water treatment and distribution operators and one for wastewater treatment, industrial wastewater treatment, and collections operators. 

The guidance also explained that approved MRT courses must include specific minimum content developed by the division. This significantly narrowed the universe of approved MRT courses for 2020. 

To address operators’ need to complete mandatory regulatory training, the board determined that free versions of each MRT course should be available online. Indigo Water Group was awarded a contract to develop the 2020 versions and host them on its website. The Colorado Certified Water Professionals (CCWP) web includes a Mandatory regulatory training courses page with direct links to each course, which can be taken on demand. 

Training units will be awarded through the CCWP Portal within a couple of days of completing an MRT course. Operators must claim the training units before the CCWP Portal will recognize that the MRT requirement has been met. 

If you need assistance finding the links to the MRT courses or using the CCWP Portal, please contact CCWP Office staff. They’re ready to help.

➽ Nancy Horan, operator certification board liaison

Simple Fixes

Public Notice Requirements from Sanitary Surveys

Sanitary surveys are vital to protecting public health. During sanitary survey site visits, we identify and discuss violations of regulations 11 and 100, which we also report in the sanitary survey letters delivered to each public water system’s administrative contact. Any violation cited during a sanitary survey requires public notification to all of the system’s consumers. 

All public notifications must include the Ten Required Elements of a Public Notice. Distribution requirements vary based on the tier of the violation and the type of system where the violation occurred (e.g., city or town versus a campground). 

To help water systems meet their public notice requirements, we’ve created an online tool to help generate public notifications that are tailored to specific situations. The tool uses a google form to create a notification template, but you do not need a gmail account to use the tool. The tool helps you get started, but you still need to take the steps indicated below to complete the process.

Completing the process

If your system has received a violation during a sanitary survey: 

1. Use our online tool public notice template generator. This will ensure that you have all of the 10 required elements in your public notice. 
2. When completing the form, make sure that you select "sanitary survey identified violations - tier 2" or "sanitary survey identified violations - tier 3"  as the violation type.  
3. After completing the form, you will receive an email with a link to a template for the public notification. The template will be available in Google Docs format so you can easily edit the template. 
4. You will need to add descriptions for each violation, the date the violations need to be corrected, and the steps you will take (or have taken) to correct them.
5. After you distribute the public notice(s), please submit a final copy, along with a certificate of delivery, through the department’s Drinking Water Portal. 

Frequently Asked Questions

What is the difference between tier 2 and tier 3 public notification requirements?

Tier 2 notifications must be distributed within 30 days and repeated every 3 months until the violation is resolved. Tier 3 notifications must be delivered within 365 days and repeated every year until the violation is resolved. Most community water systems meet this requirement by including tier 3 violations in their annual Consumer Confidence Reports (CCRs).

What are the requirements for distributing a public notification?

The requirements are slightly different for community and non-community systems:

• For a community system (e.g., city or town), the notification must be: 
• Distributed by mail or another direct delivery method to each customer and to other service connections; AND 
• Any other method designed to reach all other consumers regularly supplied by the system.
• For a non-community system (e.g., business, school, or campground), the notification must be 
• Distributed by posting the notice in conspicuous locations throughout the distribution system frequented by consumers OR by mail or direct delivery to each customer and service connection; AND
• Any other method designed to reach all other consumers regularly supplied by the system.

I need to include specific health effects language for a tier 2 violation. Where can I find that required language?

Many treatment technique violations do require specific statements warning consumers of the potential related health effects. Table 11.33-VI in Regulation 11, includes all of the standard health effects language. This language is also included in the template for any tier 2 violation as long as you select “sanitary survey identified violations - tier 2” as the violation type in the process to create a public notification described above.

If I distribute a notification for multiple violations and resolve one or more of the violations — but not all of them — can I modify and redistribute the notification?

Yes. This is an excellent way to inform your consumers not only of the violations but of the progress you are making to resolve each of the violations. 

Can I use my annual water quality consumer confidence report  to deliver a public notification?

Yes, as long as you meet the following direct delivery requirements:

• The public notice must be directly delivered to all consumers and sent by at least one additional method designed to reach those that might not receive it directly. 
• You must meet the due date for the violation. This may entail delivering the report before the report due date. 
• You cannot utilize the direct delivery waiver that is available.

Still have questions? 

If you have any questions about sanitary survey-related public notice requirements, please contact the Drinking Water Compliance Assurance Section at 303-692-3556. 

➽ Tim Jones, drinking water compliance assurance

Facility Operator Certification

Sunset Review

The Water and Wastewater Facility Operator Certification Board's oversight and services are scheduled to sunset on Sept. 1, 2020. 

What does that mean? 

A sunset provision automatically repeals all or part of a law unless the legislature acts to extend it. Sunset provisions help to ensure that Colorado has the least restrictive form of oversight that still protects the public. The Department of Regulator Agencies (DORA) is the agency tasked with completing these evaluations.

Before a scheduled repeal, DORA's Office of Policy, Research and Regulatory Reform performs a Sunset Review to evaluate whether a regulation or part of the government is still needed. DORA then makes recommendations to the legislature about whether or not a law should be repealed or extended. Sunset Reviews summarize information and answer questions directly related to the regulation, board, or the services they provide.

Sunset Review questions 

• What is regulated?
• Why is it regulated?
• Who is regulated?
• How is it regulated?
• What does it cost?
• What disciplinary activity is there?

The other important component of a Sunset Review is the Key Recommendations. Recommendations are not limited to whether the regulation or board should be continued or repealed. The review will also include information regarding methodology and major contacts. The review will contain information on the background, legal framework, and program description and administration.

DORA began its review of the board and services in 2018. They collected data from the program and interviewed stakeholders as well as those involved in running the program. DORA also reviewed Colorado laws and rules, local ordinances, related laws and rules in other states, and federal requirements.

Recommendations

DORA’s 2019 Sunset Review of the Water and Wastewater Facility Operators Certification Board report made 5 distinct recommendations. 

• Continue the program through 2031
• Amend the definition of "domestic wastewater treatment facility"
• Revise the definition of "industrial wastewater treatment facilities"
• Create a new fund specific to the fees collected by the board
• Make technical changes to update the law

The addition of a different fund to make fees collected by the board available for exclusive use by the program, does not mean that new fees are being added, and existing fees are not being increased. Technical changes to the law means they recommend minor language changes for consistency with other statutes.

After the review, DORA worked with the Office of Legislative Legal Services to draft a sunset bill to continue the program and make the recommended statutory revisions. The bill was introduced near the start of the 2020 session and passed the House on February 24. Next, it goes to the Senate. Once the bill is passed and signed, the program will be on solid footing through 2031, with updated definitions and the added ability to use existing fees.

More information 

• Office of Policy, Research and Regulatory Reform
• Water and Wastewater Facility Operators Certification Board

Questions? 

Water and Wastewater Facility Operators Certification Board
cdphe.wwfocb@state.co.us. 



➽ Nancy Horan, operator certification board liaison

Funding Opportunity

Water Quality Improvement Fund

Our Grants and Loans unit provides financial resources to public water systems, wastewater permittees, and nonpoint source recipients. One source is the Water Quality Improvement Fund (WQIF), which uses the funds from civil penalties from water quality violations to help communities improve their water quality. 

When awarding WQIF grants, we prioritize small and economically challenged communities that might struggle to fund needed projects.

2019-2020 WQIF grants

In August 2019, we received 12 applications for stormwater and wastewater projects. Ten of these received funding, for a total of $1,080,000. More information is detailed in the  2019-2020 award release. 

Project categories

WQIF grants can be used for many different kinds of projects, but they must fall into one
of three categories:

• Stormwater management training
• Projects that improve water quality and address a water quality violation
• Planning and/or construction of stormwater or wastewater improvement projects

Examples

• The Town of Vona received $24,600 to develop a stormwater master plan, which they need to pursue funding for construction projects to mitigate long standing flooding problems. 
• Pagosa Springs Sanitation General Improvement District received $156,024 for a SCADA monitoring system with automatic power backup, which should prevent the kinds of spills that their old communications system failed to.

Eligibility

Are you eligible to apply for a WQIF grant? You are eligible if your project meets one of the three categories above, AND you are applying as the following:

• Government agency
• Publicly owned water system
• Private not-for-profit public water system
• Not-for-profit watershed group
• Not-for-profit stormwater program administrator
• Not-for-profit training providers
• Private landowner impacted by a water quality violation

When can you apply?

The request for applications typically runs annually during late summer. 2020 grants have been awarded, but subscribe to AquaTalk for notification of the 2021 grant cycle. 

You can find information about past WQIF Requests for applications on the WQIF webpage. There is also an interactive map showing the location of penalties that are put into the fund. 

Questions? 

cdphe_grantsandloans@state.co.us


➽ Randi Johnson-Hufford, grants and loans

Ask Aqua Man

Storage tank inspections - where to start?

Dear Tank,

Those are great questions! Here are some things that will help you prepare. 

Preparing for comprehensive storage tank inspections

Read it

Read and familiarize yourself with the storage tank rule. The Storage Tank Rule is part of Regulation 11, Colorado's Primary Drinking Water Regulations. You can follow the link above, or you can also find Regulation 11 on the Water Quality Control Commission's regulations webpage. (Storage Tank Rule is section 11.28).

Water systems are responsible for inspecting their tanks for sanitary defects and repairing them in a timely manner. Each system is expected to review their storage system infrastructure by performing quarterly periodic inspections along with at least one comprehensive inspection per tank every 5 years, following their written storage tank inspection plan.

Budget for it

This next step is critical. Remember to budget for your comprehensive storage tank inspection. Whether you choose to hire a contractor or complete the inspection yourself, the associated costs can be several thousand dollars or more depending on the tank, and may not be included in your system’s current budget. If you plan ahead, you won’t get caught unprepared for this expense!

The department considers immediate safety concerns to be of utmost importance. Inspecting tanks can be dangerous work. Please do not put yourself or your contractor at risk by planning ahead with respect to safety too.

Follow it

Next, read and adhere to the “Comprehensive inspection checklist instructions” and complete the “Comprehensive inspection checklist” found on our Drinking Water Storage Rule webpage. Read the instructions before you start.

If you hire a contractor to complete the inspection, be prepared to complete the comprehensive inspection checklist yourself based on the contractor's inspection report. The contractor might or might not complete this for you, depending on your agreement. Make sure to identify sanitary defects based on what is in the report.

Repair it

Repair all sanitary defects as quickly as you can, and document the repairs. This not only protects public health, it keeps you in compliance with the rule!

Remember to review the guidance documents for the rule. Drinking Water Policy 10 gives specific examples of storage tank sanitary defects.

Contact us 

Still have questions? Please contact your department inspector or Lead Drinking Water Engineer, Tyson Ingels at tyson.ingels@state.co.us. 


-Aqua Man

Program Manager's Message

2020 PFAS Sampling Project - Update

In my last program manager’s message, I wrote about why we included several PFAS chemicals in a priority list of contaminants that we submitted to the Water Quality Control Commission, which they approved in October. PFAS is short for per-and polyfluoroalkyl substances, which are a group of chemicals often found in firefighting foam and other products. When PFAS gets into drinking water, it can cause various health impacts that we are working to minimize. 

Today I want to talk about what we’re doing to learn more about the scope of the problem in Colorado. Our PFAS sampling project is a major initiative to learn more about who is at risk from PFAS contamination. This program offers free PFAS testing to public water systems along with help understanding the results and communicating them to customers. This project is being executed from January to June 2020.

Federal Health Advisory

Since 2012, 94 public water systems (mostly serving above 10,000 people) in Colorado have tested for PFAS. Only a few found levels above the federal health advisory (70 ppt), all in the Colorado Springs area. All of those systems acted to eliminate PFAS levels in their drinking water. Through this sampling program, we will reach many more systems. For most, the program will be an opportunity to show their customers that their water is free from PFAS. If systems find that they have PFAS contamination, we will work with them through the challenges to find solutions.

Right now, the department is following the federal health advisory, so if testing shows levels above that, the department will coordinate with the water system to promptly notify the public and identify options to reduce exposure. However, the department is evaluating whether to modify this approach, so our response protocol may change in the future.

Public interest

The sampling project has generated public interest. We’ve heard from state legislators, the media, and local governments wanting to know about public water system participation. To be transparent, we’re maintaining lists of participating and non-participating water systems on our website. Check out the PFAS 2020 Sampling Project dashboard to see who has applied. In Michigan, all but a few public water systems signed up for their voluntary sampling program.

So far, about 400 water systems have signed up. That’s a great start, but we’re hoping to hear from everyone. We learned that our emails regarding the program went into some people’s spam folder, so we are reaching out again with a different email mechanism to inform water systems about this program. If your water system hasn’t signed up yet, do it now using our online PFAS Sampling application form. 

Stay informed

We’ll keep you updated about the sampling plan here, and share what we’ve learned from the results once they come in. If you are interested in staying up-to-date on this project, sign-up for the email list. We will send out updates and reminders regarding applications and other important details.

Please note: We use a third party provider to send stakeholder information and emails from our cdphe.commentswqcd@state.co.us email address. If you are not receiving updates and have checked your spam folder, please consider checking your firewall or cyber security settings. You can also email us and we can troubleshoot with you. 

➽ Ron Falco, safe drinking water program manager and Ian Dickson, communications and special projects