cindy christian compliance & monitoring manager dec drinking water program sustained compliance...
TRANSCRIPT
Introduction to Drinking Water
ViolationsCindy Christian
Compliance & Monitoring ManagerDEC Drinking Water Program
Sustained Compliance WorkshopSeptember 23-24, 2010
Presentation OutlineWhat is a Public Water System
CWS and NCWSRegulated ContaminantsHealth EffectsSafe Drinking Water Act & RulesState Primacy RequirementsImplementation and Enforcement of RulesViolation TypesViolation Distribution
What is a Public Water SystemA public water system is defined in the Safe
Drinking Water Act (SDWA) as“a system for the provision to the public of
water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections, or regularly serves at least twenty-five individuals.”
Regulatory Distinctions Among Water Systems
Public Water System
Non-Community Water System
Non-Transient Non-Community Water System
Transient Non-Community
Water System
Community Water System
Regulated ContaminantsA water contaminant
is any physical, chemical, biological or radiological substance or matter in water
There are legal limits on the levels of certain contaminants in drinking water
Types of ContaminantsAcute Contaminants
Cause adverse health effects within a matter of days or hours
Microbiological Bacteria Viruses Protozoa
Nitrate is only chemical with acute health effects
Chronic Contaminants A long term effect that is
possible due to exposure over many years
Chemical Inorganics Organics Radionuclides Disinfection By-Products Lead and Copper Arsenic
Secondary ContaminantsNot associated with
health effectsAffect the taste, odor,
color and hardness Examples are iron,
manganese, sodium and TDS
Affect the treatment processes
Secondary MCL’s
How Do We Get Our Regulations?
SDWA
•Requires Primary Drinking Water Standards
•Gave authority to EPA to set national drinking water regulations
EPA
•Set drinking water regulations, conduct studies and research
•Oversee State implementation of the SDWA
DEC
•Primary enforcement responsibility (primacy)
•DWP is the primacy program responsible for administration and enforcement
How Does EPA Decide Which Contaminants to Regulate?
EPA periodically publishes the Candidate Contaminant List (CCL)
The CCL is used to prioritize research and data collection to determine if the contaminant should be regulated
Unregulated Contaminant MonitoringRegulatory DeterminationRulemaking process to develop a national
primary drinking water regulation
Regulatory DeterminationWhen making a
determination to regulate, the SDWA requires consideration of three criteria: the potential adverse effects of
the contaminant on human health
the frequency and level of contaminant occurrence in public drinking water systems
whether regulation of the contaminant presents a meaningful opportunity for reducing public health risks
Developing National Primary Drinking Water Regulations
Health Risks
Human Exposure
ContaminantSelected
MCL or Treatment Technique
MCLG
PrimacySection 1413 of SDWA allows EPA to award
primary enforcement responsibility or “primacy” to states
Most states seek primacy because it gives them flexibility to address State-specific needs and problems
All states currently have primacy, except Wyoming and District of Columbia
Primacy must be maintained – it is not permanent
Primacy RequirementsStates must promulgate regulations at least as
stringent as EPAStates have up to 4 years to develop
regulations and apply for primacyStates must have procedures in place for
implementing and enforcing regulations:InventorySanitary SurveysState Certified LaboratoryPlan ReviewEnforcement Authority
Additional Primacy RequirementsRecordkeeping and
ReportingVariances and
ExemptionsEmergency PlanConsistent Definition
of Public Water System
Alaska PrimacyChemical Rules (Phase I, II, IIb, and V)Total Coliform RuleTotal Trihalomethanes (TTHM’s)Surface Water Treatment Rules (SWTR, IESWTR, LT1)Lead and Copper Rule and Minor RevisionsStage 1 Disinfection/Disinfectant By-Products (D/DBP’s)RadionuclidesConsumer Confidence Report Rule (CCR) Arsenic RuleFilter Backwash Recycling Rule In process of obtaining primacy for LT2, Stage 2 and Ground
Water Rule (GWR)
Implement StandardsAdopt New
RegulationsApply to Maintain
Primacy Implement and
Enforce under Interim Primacy
Receive Primacy for New Regulations
MonitoringEnsure that systems
are meeting drinking water standards
Monitoring is based on:Contaminant TypeSystem Size Previous detections
or exceedances
Reporting Requirements
EPA SDWIS/FED
SNC List EnviroFacts
Safe Drinking Water Information System (SDWIS)
Validate Violations Reject ViolationsElectronic Data Reporting System (EDRS)
Accepted Rejected
SDWIS Data publically available through DEC and EPA Websites
DEC Drinking Water Watch http://map.dec.state.ak.us:8080/dww/
EPA Annual Public Water System Statistics http://water.epa.gov/scitech/datait/databases/drink/sdwisfed/howtoaccessdata.cfm
Envirofacts - Access data for Individual water systems online http://www.epa.gov/enviro/html/sdwis/sdwis_ov.html
Download Microsoft Excel Pivot Tables of SDWIS/Fed data http://water.epa.gov/scitech/datait/databases/drink/pivottables.cfm
Online Consumer Confidence Report http://safewater.tetratech-ffx.com/ccr/index.cfm
Enforce StandardsStates have discretion in enforcementPreventive Actions
Sanitary SurveysCPE’s and CTA’sReminder LettersTechnical Assistance and On-site MeetingsOperator Certification and TrainingRemote Maintenance WorkersOutreach and Education Activities
Formal Enforcement ActionsNotice of Violation
(NOV) Compliance Order By
Consent (COBC)Administrative
PenaltyCivil ActionsReferral to EPA
Types of ViolationsMonitoring and Reporting
Maximum Contaminant Level (MCL)
Treatment Technique (TT)
26
Total Violations Issued to Currently Active Public Water Systems
Year Validated Rejected Grand Total
2006 5,161 2,573 7,734
2007 4,295 4,261 8,556
2008 3,686 2,664 6,350
2009 2,412 1,999 4,411
2010 565 401 966
Grand Total 16,119 11,898 28,017
1,329
1,121
1,566
Number of currently active PWS with rejected/valid vios issued at least once since
2006
Number of currently active PWS with at least one validated violation since 2006 (only valid vios no rejected)
Total number of active PWS as of July 1, 2010
MON89%
MCL4%
PN0%
RPT2%
SS1%
TT4%
Total Number of Validated Violations by Violation Category January 2006- May 2010
MONMCLPNRPTSSTT
0 100 200 300 400 500 600 700
MCL STAGE 1
MCL TCR
MCL ARSENIC
MCL NITRATE
MCL VOC
MCL IOC
TT SWTR
TT STAGE 1
TT and MCL Violations by Rule
0
500
1000
1500
2000
2500
3000
3500
4000
IOC SOC PN RADS ARSENIC VOC PB/CU CCR NITRATE STAGE 1 TCR SWTR
Violations by Rule
0
500
1000
1500
2000
2500
3000
3500
STAGE 1 MON STAGE 1 MCL STAGE 1 TT SWTR MON SWTR TT TCR MON TCR MCL TCR PN TCR SS
Violations by Type for Stage 1, SWTR, and TCR