Drinking Water Sanitary Survey Follow Ups and Compliance - What you need to know

The Field Services Section (FSS) works with public water systems on sanitary survey inspections to ensure the production and distribution of safe drinking water. Just as water systems have inspections on a routine basis, our program also gets “inspected” by the Environmental Protection Agency (EPA) Region 8 to ensure that we meet federal requirements. Starting in 2021, EPA Region 8 conducted an audit of 86 sanitary surveys across 43 large community public water systems in Colorado. In September 2022, EPA Region 8 provided their final report. Overall, the report highlighted some of the WQCD sanitary survey processes as best practices such as public notice for field based violations, our online records system and our sanitary survey report quality. The report also  includes areas where we need to improve on sanitary survey follow ups. Going forward, we'll be working on those areas of improvement with a focus on the items below.

Type 45 Violations for Unresolved Significant Deficiencies:

Regulation 11, Section 11.3(72) defines a significant deficiency as: any situation, practice, or condition in a public water system with respect to design, operation, maintenance, or administration, that the state determines may result in or have the potential to result in production of finished drinking water that poses an unacceptable risk to health and welfare of the public served by the water system. Water systems have to either fix significant deficiencies and violations no later than 120 days after the date of the inspection letter or request a corrective action plan (CAP). If the water system does not fix a significant deficiency by 120 days or an approved CAP schedule, a violation (type 45 violation) occurs.

The EPA audit found that the WQCD was not consistently issuing 45-violations when necessary and must issue compliance advisories and treatment technique (type 45) violations in situations where a significant deficiency is overdue and unresolved. Please note that type 45 violations require Tier 2 public notice by the supplier within 30 days of receipt of the violation letter from the Compliance Assurance Section and every 90 days thereafter as long as the significant deficiency remains unresolved. Please avoid this situation and protect public health by fixing significant deficiencies. For significant deficiencies that need more time for engineering evaluations, financing and construction, a Department-approved CAP may be an option. 

Department-approved corrective action plans (CAPs):

For significant deficiencies and field violations that need more than 120 days to fix, the water system can request a Corrective Action Plan (CAP). The CAP request must include the actions the supplier will take to fix the significant deficiencies and/or violations and the schedule for completing the actions. Field Services then reviews the CAP proposal and, if appropriate, issues an approval letter. Any changes to the CAP or CAP schedule also need to be approved prior to the CAP expiring. If you are in compliance with your CAP, you may avoid the Type 45-violation with Tier 2 public notice. However, it is very important to know that community water systems still have to include any unresolved significant deficiencies and their approved CAP schedule in their annual Consumer Confidence Report.

CAP schedules are normally limited to a year unless special circumstances such as financing, engineering design and construction need additional time. Also, interim measures to protect public health may be required at any time during the CAP process. The EPA audit identified that extended timelines CDPHE allowed for unresolved significant deficiencies as a concern. As part of our follow up improvements, CAPs that are expired will no longer be repeatedly renewed. Please reach out to your inspector if you have any questions about CAPs. 

Thank you for all you do to protect your customers by resolving significant deficiencies and field violations. To see the compliance status for your water system, please look at your monitoring schedule available online at the division's monitoring schedule webpage. If you need help on technical issues or sanitary survey significant deficiencies and violations, please reach out to your inspector or sign up for individualized coaching here.  For any questions or concerns about sanitary surveys, please email our Field Services team at cdphe_wqcd_fss_questions@state.co.us.

Thank you for all your efforts to protect public health!

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

➽ Nicole Graziano, PE, Compliance Assurance Section Manager

New Rules in Challenging Times - Recycled from our October 2008 newsletter

Hello everyone, 

As discussed briefly in a recent Aqua Talk article, the 2020s promise to be a decade of substantial changes to the federal Safe Drinking Water Act. I believe that these will be the most significant and intense set of regulatory changes we have experienced since the 2000s. So, look for an upcoming article summarizing the Upcoming Regulatory Changes in the 2020s, one of which - the Lead and Copper Rule Revisions is already in process. In the meantime, we wanted to share an article that ran about 15 years ago regarding tackling new rules in challenging times. Those were challenging times - remember the Great Recession? Well, the 2020s have brought their own set of challenges as we grapple with a host of new drinking water rules: pandemic with an immediate economic crisis followed by ongoing supply chain issues, staff shortages, inflation and economic risks. We thought we would share this article from the past as a reminder that we have tackled new rules during challenging times before. We believe that by working together we can rise again to meet the needs of keeping drinking water safe. Thank you.

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

New Rules in Challenging Times - Originally published 2008

Ron Falco, P.E.

Since 2007 the Drinking Water Program has adopted the Long-Term 2 Enhanced Surface Water Treatment Rule, Stage 2 Disinfectants/Disinfection By-Products Rule, and the Groundwater Rule. These are major new rules that will apply to every public water system in the state. We are striving to help water systems meet the federal early implementation requirements of the first two rules, and I urge all public water systems to conduct the necessary monitoring and distribution system analysis so the correct approach can be used for your system. Failing to meet the early implementation requirements can have negative consequences going forward. For example, failing to monitor your surface water as required can lead to a higher bin classification than truly necessary, which may in turn lead to a requirement to install additional treatment. We are also reaching out to groundwater systems in advance of the December 2009 effective date for that rule.

In the coming year, the program will also be required to adopt the minor Lead and Copper Rule revisions to avoid seeking an extension with EPA. In response to the Alamosa outbreak, we will be working with stakeholders to update and revise our regulatory approach to disinfection waivers. A number of water systems have also asked that we update and revise Article 12 regarding cross connections. 

All of these changes will certainly keep program staff and public water systems very busy. I wish to thank all of the water systems that have helped us develop our regulatory language and implementation strategies. Please contact us if you wish to participate in any of these efforts or have some feedback that you would like to provide. We will be facing these new challenges at a time when economic uncertainty makes it especially difficult to obtain the necessary resources to complete the job at hand today, let alone the resources needed to prepare for tomorrow. We are available to help you and we will continue to sponsor training events all around the state. Through it all, I know that we will all do our best to maintain our vigilance and protect public health. Thanks.

 

Having trouble finding a certified operator? Use the division's list of Colorado contract operators

Every day, communities depend on water operators for safe drinking water and environmental protection. For some parts of the state, finding a certified operator can be difficult. Contract operators can help reduce the financial burden on small systems, and allow for the sharing of expertise in areas with a scarcity of qualified personnel. 

If your facility is having difficulty finding a certified operator, whether it be a new facility having to meet regulatory requirements, facility reclassification, or you are simply needing to hire a contract operator until your current employee/operator tests up to the appropriate level, the division’s website provides a list of contract operators providing services in Colorado. Please note that this is a voluntary listing of organizations and individuals and participation does not constitute a recommendation or endorsement from the state. The list is updated periodically to reflect changes and to improve accuracy. 

The list provides the operator’s contact information, the geographical area in Colorado the operator provides services, as well as their current highest-level certifications by certificate type (e.g. drinking water treatment, wastewater collections, industrial). The list is in a table format, defaulting to sorting the information by area served. However, a viewer can sort and filter the information in the table any way they choose. 

For example, if you are in need of and searching for a Class ‘A’ Drinking Water Treatment operator, you can sort the information in the table by simply clicking on the column header for ‘DW Treatment’ (as depicted below by the red circle). 

You can also filter the information by using one of the three drop-down menu options at the top (‘Area Served’, ‘Contract Operator’ i.e. entity name, or individual operator ‘Name’). 

For instance, if you wish to only view those contract operators providing services in certain parts of the state, use the ‘Area Served’ drop-down menu. First, deselect (or uncheck) the box next to ‘Area Served’ and then select the area you wish to view (e.g. ‘West’ for the western part of the state). After selecting your chosen area, click outside of the drop-down box to refresh the table to only reflect contract operators serving that particular area.

If you’re having trouble viewing the table information on the webpage or simply prefer to view it in full-screen mode, you have the option to open the table in a new window. 

Important things to keep in mind

The Operator in Responsible Charge (ORC) is responsible for the operation and maintenance of the facility, must know and understand the requirements of applicable permits, laws, and regulations, and may supervise other operators working in the facility. If any tasks or activities are delegated to others, Regulation 100 requires a written delegation plan to be in place. Failing to have one in place can not only result in a facility being out of compliance with Regulation 100 but in potential disciplinary action against the operator. 

Per Regulation 100.10.1(c), there must be a written agreement between the ORC and the facility owner. For assistance in retaining an ORC and/or preparing the written agreement, please refer to the ORC Hiring and Contract Guide and other valuable resources on the division’s ORC webpage. Moreover, the division is offering free training to help interested persons navigate the Guide and to better understand how to apply it to their specific situations. Registration for the training is available on the division’s Training Opportunities, Recognition, and Resources for Water Systems webpage, or by performing a Google search for “CDPHE training opportunities.” 

The ORC Hiring and Contract Guide empowers facility owners to knowledgeably select the best candidates for the role of ORC and to negotiate fair, clear, and effective agreements with their ORCs.

If you are a contract operator and wish to have your information reflected on the List of Contract Operators, please complete and submit the Contract Operator Listing Form. The department will verify your information and certifications prior to adding them to the list.   

➽ Jessica Morgan, Facility and Operator Outreach and Certification Board Liaison

Meeting Training Needs: Our Next and Better Normal Approach

The Safe Drinking Water Program operates under a Culture of Health umbrella. We take our responsibility seriously and make every effort we can to support public water systems and the operators that help make safe tap water available to the public every day. Among the services we provide are coaching and training for water systems and operators. During the COVID-19 pandemic these services almost always had to be done remotely. There are many advantages to this learning modality including reduced travel time and convenience. But some people learn better in person and some topics are better covered in person also. As the pandemic subsided we shifted to mixed modes of offering coaching and training services in our Local Assistance Unit. We believe this shift fits with our Culture of Health by maximizing opportunities for water systems and operators to get the coaching and training they need in the most efficient and effective manner for them and our staff. The information below summarizes some recent activities in our Next and Better Normal way of doing things.  

Summary of recent coaching and training services late 2022: 

• The team provided a “Monitoring and Operating for Regulatory Compliance” webinar training session on September 7. The webinar training was attended by 8 water professionals from 7 drinking water systems. The team provided a “Monitoring and Operating for Regulatory Compliance” in-person training session on October 5 in Limon. The in-person training was attended by 16 water professionals from 12 drinking water systems.
• The team provided a “Building Resilience in your Water/Wastewater System” in-person training session on September 20 in Steamboat Springs. The in-person training was attended by nine water professionals from five public water systems. 
• The team provided a “Sanitary Survey Preparation” in-person training session on September 21 in Steamboat Springs. The in-person training was attended by ten water professionals from nine drinking water systems. The team provided a “Sanitary Survey Preparation” webinar training session on October 19. The webinar training was attended by 13 water professionals from 11 drinking water systems.
• The team provided a “Monitoring and Operating for Regulatory Compliance” webinar training session on November 2. The webinar training was attended by  26 water professionals from 22 drinking water systems. The team provided a “Monitoring and Operating for Regulatory Compliance” in-person training session on December 7 in Trinidad. The in-person training was attended by 8 water professionals from 6 drinking water systems.
• The team provided a “Building Resilience in your Water/Wastewater System” in-person training session on December 8 in Colorado Springs. The in-person training was attended by 5 water professionals from 4 public water systems. 
• The team provided a “Sanitary Survey Preparation” in-person training session on November 15 in Ft Morgan. The in-person training was attended by 23 water professionals from 20 drinking water systems. The team provided a “Sanitary Survey Preparation” webinar training session on December 21. The webinar training was attended by 24 water professionals from 24 drinking water systems.

The division has been tracking the number and cumulative total one-on-one coaching and group training events for more than a decade. The graph below summarizes these data. Since we have about 2,100 public water systems in Colorado, and not all have received coaching assistance, we obviously get a lot of “repeat customers.” You will notice a decline in one-on-one in-person events due to the ramp up of the webinar approach (the blue bar). We believe that our overall approach is greatly enhanced since incorporating the lessons learned from the pandemic. 

The division also tracks water systems that make performance improvements after receiving coaching assistance services from us. The data for 2022 as so far reported through December are summarized below. The 2022 annual running monthly average is 82% of all systems that received one-on-one assistance are making at least one improvement.

To request customized one-on-one on-site coaching assistance or other training assistance from the local assistance unit Google search “CDPHE training opportunities” and click on “Training opportunities, recognition, and resources for water systems” or click here to visit https://cdphe.colorado.gov/dwtrain.   

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

➽ Armando Herald, Local Assistance Unit manager

Lead and Copper Rule Variance: a Culture of Health

In December 2022, the EPA announced final approval renewing Denver Water’s variance from the lead and copper rule provisions associated with Optimum Corrosion Control Treatment (OCCT). What a great success story for promoting the culture of health! Search the Aqua Talk blog for “culture of health” to learn more. The variance includes a multi-pronged approach to reducing lead in drinking water. This new variance replaces the initial variance approved by the EPA on  December 16, 2019.

 When a public drinking water system exceeds the lead action level, the state and water system must ensure that adequate steps are taken to limit lead contamination. One step in that process is often accomplished by installing OCCT, which is the treatment that minimizes lead concentrations in the tap water. Based on Denver Water’s corrosion control study, the data showed that orthophosphate was the OCCT. Denver Water, the department, and EPA worked in partnership  to develop a variance from the treatment requirement. EPA approved the variance and we are responsible for ensuring the program is run under the agreement. All parties agree that this program is better for public health, environmental protection, environmental justice, and cost effectiveness.

 Over the next 12 years, CDPHE will provide help and regulatory oversight of the variance. This effort includes:

1. Removing all lead service lines (LSL) within the service area by the end of the variance.
2. Providing filters that are NSF rated to remove greater than 90% of lead from the drinking water, while consumers are awaiting service line replacement. The filter program is currently serving approximately one hundred thousand people who all need new filters every six months! All residences estimated to have known or suspected lead service lines are enrolled in the program.
3. Adjusting the pH of all water treated to reduce corrosivity. This pH adjustment will be the corrosion control treatment even after all of the LSLs have been removed.
4. It is also important to note that there is also a great focus on health equity & environmental justice (HE&EJ) in the LSL removal process. Denver Water's LSL removal rate in communities identified by the EPA’s EJScreen tool is at least equal to the removal rate in the entire service area. For more information,  please review the information provided by the EPA here.
5. For updated statistics regarding the variance, please see Denver Water's Online Dashboard. The dashboard also shows how many lead service lines have been replaced.

 

It was an incredibly collaborative process to update the final variance between local, state, and federal agencies. This process took place over several months throughout 2022. The group analyzed what worked and what could be improved upon in 2020. Then, the variance review needed to go through the applicable legal processes, and public comment periods. It is exciting that local, state and federal partners effectively collaborated to develop and then implement this variance. Again, this has proven to be a success for public health, environmental protection and environmental justice. The department worked closely with Denver Water to implement this variance in the first three years. We will continue our oversight role throughout the duration of the variance.

 At this point, Denver Water has met or exceeded all of the requirements of the variance. We are very grateful for the opportunity to work with everyone involved. We expect for this trend to continue, and even accelerate, as bilateral infrastructure law (BIL) money is awarded. 

➽ Ben Keilly, Drinking Water Compliance Assurance 

 

Upcoming Regulatory Changes - Recycled from our December 2000 newsletter (Back then it was called Tapping In)

Hello everyone, 

The 2020s promise to be a decade of substantial changes to the federal Safe Drinking Water Act. I believe that these will be the most significant and intense set of regulatory changes we have experienced since the 2000s. At the federal level, the changes in the 2010s were primarily related to the Revised Total Coliform Rule. Colorado was well-positioned for this rule due to our disinfection practices that predated the Safe Drinking Water Act, and then  were further updated by 2016. So, look for an upcoming article summarizing the Upcoming Regulatory Changes in the 2020s, one of which - the Lead and Copper Rule Revisions is already in process. In the meantime, I hope you enjoy reminiscing about how much progress we have made since this article ran more than 20 years ago. For me, it is difficult to conceive of the Safe Drinking Water Act without the revised Public Notification Rule in particular. What’s your favorite? Can you tell how these planned changes actually transpired or did not happen at all? Thank you.

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

Upcoming Regulatory Changes - Originally published December 2000 

Sandra McDonald Compliance Monitoring and Data Management Unit Manager

EPA is promulgating new drinking water rules in response to the statutory requirements of the Safe Drinking Water Amendments of 1996. The breadth of these rules will change the way the drinking water community does business and the sheer number of new rules make it difficult to stay informed. The Colorado Water Quality Control Division (WQCD) is working hard to be able to provide you with information regarding these rules. This newsletter is one avenue. However, the summaries here are very brief. Some new products being developed by the WQCD will help keep you informed. Additional information will be forthcoming as these initiatives are developed.

As rules are finalized, the department will provide you with additional notification, either through a web site or through the mail. A general summary of upcoming regulatory changes that can be anticipated for the new drinking water rules is provided below. Call (303) 692-3500 with specific questions. In addition, the Safe Drinking Water Hotline is a good source of information at (800) 426-4791. 

Arsenic Rule: 
The Proposed Rule for Arsenic was published on June 22, 2000. The EPA has proposed that the current arsenic maximum contaminant level (MCL) be reduced from 50 µg/1 (parts per billion - ppb) to 5 µg/1. In Colorado approximately 85 to 100 systems may be affected by this proposed reduction in the MCL. EPA's deadline for promulgation of the final rule was extended to June 22, 2001. It is not certain whether the new MCL will be relaxed once the final rule is promulgated. However, there has been a vast outcry from the western U.S. based upon the cost of treating to the 5 µg/1 level. 

Public Notification Rule: 
On May 4, 2000, the Public Notification Rule became final. This rule changes the language that is used to notify the public of violations of the Safe Drinking Water Act. The rule also allows monitoring violations to be recorded in the annual Consumer Confidence Report rather than the normal delayed notification currently required. Colorado anticipates delegation of this rule within the next year. 

Radionuclide Rule:
The Radionuclide Regulation is being revised to set a MCL for uranium as required by the 1986 amendments to the Safe Drinking Water Act. The current MCL's are combined radium 226/228 of 5 pCI/1; a combined standard of 4 millirems for beta emitters; and a gross alpha standard for all alphas of 15 pCi/1, not including radon and uranium. The Radionuclide Rule adds uranium to the list of radioactive parameters being monitored. The uranium MCL is 30 pCi/1 and monitoring will begin in 2002.

Sulfate Rule:
A decision on whether to regulate sulfate is expected in August 2001, with a proposed rule not expected until August 2003. 

Ground Water Rule: 
On May 10, 2000, the proposed Ground Water Rule was published. As proposed, the Ground Water Rule will specify when corrective action (including disinfection) is required to protect consumers from bacteria and viruses. Some of the major elements of this rule would include the requirement that groundwater systems certify that the water is disinfected to a level resulting in 4-log (99.99%) removal of viruses. If the system cannot provide this certification, then all sources must be sampled on a regular basis for coliform and viruses. All systems would be required to conduct and report their daily chlorine residuals on a monthly basis. Any sample results indicating the presence of total coliform would trigger a variety of sampling requirements, including monitoring of a source or additional studies to assure that sources are not contaminated. The final rule is expected in June 2001. 

Disinfection/Disinfection By-Products Rule: 
On December 16, 1998, the final Disinfection/Disinfection By-Products Rule was published. Colorado is working to receive delegation of this rule, and is developing Implementation Guides for water systems. Essentially, this rule requires large and small systems to sample for total trihalomethanes (TTHMs), five haloacetic acids (HAA5s), and total organic compounds. The MCL for TTHMs was reduced from 100 µg/1 to 80 µg/1. In addition, a 60 µg/1 MCL is established for HAA5s. Large systems serving surface water to more than 10,000 people will begin monitoring in January 2002. All other community systems, both surface and groundwater, will begin monitoring in January 2004. It is suggested that systems conduct this analysis prior to the regulatory requirement being imposed so that any potential operational changes might be made prior to the regulatory monitoring being required.

Enhanced Surface Water Treatment Rule:
The Long-Term Enhanced Surface Water Treatment Rule affects water systems serving less than 10,000 people, but requires the same level of compliance. The Long-Term Rule was proposed on April 10, 2000. 

According to the proposed rule, all surface water systems serving less than 10,000 people will be required to monitor for TTHM and HAAS in the warmest month of the year sometime prior to January 7, 2003, and meet levels less than 80% of the proposed standard, or conduct disinfection profiling for giardia. Once this rule is finalized, more information will be provided. 

Radon Rule: 
Radon is a radionuclide that was not included in the previously mentioned Radionuclide Rule, but instead has its own rule. The rule is still not final. Much of the delay has been a result of attempts to find the most inexpensive method to reduce the health risks associated with the presence of radon in public water systems. It turns out that most of the health risk associated with the presence of radon in drinking water results from the vaporization of the radon when water is being used for general purposes such as washing and showering, and its subsequent inhalation by consumers. However, radon is also present in the air of certain homes at levels considerably above the levels that result from the presence of radon in drinking water alone. It also turns out that it is generally much less expensive to treat the air in a home to reduce the concentration of radon than it is to treat the water. Accordingly, the regulatory scheme allows a state to have a higher allowable concentration of radon in the drinking water (i.e., 4,000 pCi/1) if the state has an approved indoor air radon program than if it does not have an approved indoor air radon program. In the event that the EPA does not approve Colorado's program, the MCL for radon could be 300 pCi/1, which would place approximately 85% of the drinking water systems in Colorado in noncompliance. The final rule is expected in December 2000. 

Unregulated Contaminant Monitoring Rule:
The Unregulated Contaminant Monitoring Rule has become final and is to be directly implemented by EPA. Several systems have been notified that they are required to participate in the unregulated contaminant monitoring. All systems that serve water to more than 10,000 people will be monitoring for the unregulated contaminants. Ten of Colorado's small and medium-sized systems have also been selected for this monitoring. For these small and medium-sized systems, the state will conduct the sampling and EPA will pay for the sample bottles, shipment, and analysis costs. The state will receive the sample results of the unregulated contaminants, especially with chemicals such as methyl tertiary-butyl ether (MTBE).

It’s the End of the Year - How do systems know if they submitted all of their drinking water samples?

2022 is coming to a close! That means systems must have all their required testing results submitted to the department in a timely manner. Every year, the department issues an average of 3,000 to 4,000 monitoring and/or reporting violations. To prevent any unnecessary violations, we highly encourage systems to review their monitoring schedule. We also recommend that systems sample early, to allow your lab adequate time to process and submit your sample results.  

You can find the most up-to-date monitoring schedules by visiting the department’s monitoring schedule website and searching for your system’s PWSID (COXXXXXXX) or name. Your monitoring schedule will clearly identify your testing requirements and if the department has received the test results.

If you notice that some of your results are not showing as “received,” please contact your contract laboratory and your drinking water compliance specialist. Stay tuned for 2023 - we are releasing new data tracking tools.

➽ Nicole Graziano Drinking Water Compliance Assurance Section Manager