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 The Water Tap - January 1996

 

 

 Chemical Monitoring Waivers: Recap of the 1993-95 Organic Waiver Program

Under federal water quality standards for organic and inorganic chemicals, over 4,000 water systems in Washington have been required to test for those chemicals that particularly might contaminate their systems. In the last two years, the Department of Health (DOH) received and ranked nearly 4,000 susceptibility assessments. Most systems completed the assessment themselves. DOH granted nearly one-third of the sources a susceptibility waiver. These sources had a good water quality record, met current well construction standards, and tapped either a confined or extremely deep aquifer. These received a low susceptibility rating, a low vulnerability rating, and had minimal requirements to test for potential contaminants.

The remaining two-thirds of water system sources received either a moderate or high susceptibility rating. Moderate ratings were given to unconfined sources that showed good well construction, were moderately deep, and had a good water quality record. Sources receiving a high susceptibility rating were generally shallow or had a history of water quality concerns. Both of these groups could receive waivers for certain organic chemicals if their monitoring records showed no VOC detections. However, to receive a waiver from testing for pesticide contamination, these sources needed further information.

These susceptible sources were automatically assigned a pesticide vulnerability rating of high, moderate, or low, based on the vulnerability criteria developed as part of the DOH "areawide waiver" testing program. The criteria were constructed from the results of the pesticide monitoring study DOH completed in 1994. Most sources rated this way received a low vulnerability score. Approximately 900 sources were given a moderate or high pesticide vulnerability rating. These were required to complete one quarter of selected tests as a condition of their pesticide area waiver.

This first round of organic chemical monitoring waivers showed DOH a number of important things. These include:

  1. A significant number of Group A public water supply wells are considered not vulnerable to organic chemical contamination because of their low susceptibility to any contamination.
  2. The majority of Group A public water supply wells have only a low vulnerability to organic chemical contamination, based on their sampling records and the results of the area waiver monitoring project.
  3. A small percentage of the Group A water sources are vulnerable to some type of organic chemical contamination. These sources have either already detected organic chemicals, or have a number of high risk characteristics shared with wells detecting these chemicals.
  4. Future organic monitoring requirements for any given system will reflect the new source vulnerability assessment when DOH sets baseline chemical monitoring requirements for any source.

     Waterworks Standards Under Development

    The DOH Waterworks Standards are intended to provide criteria for the engineering profession in the design and construction of public water systems. Revising the design standards is fundamental to reducing some of DOH's traditional review functions (as outlined in a separate article on page 4). The standards may also be used to define the "standards of care" for the minimum expectations of professional engineers and evaluations of engineering competency.

    The Waterworks Standards are intended to be highly technical in nature. The initial draft of the Waterworks Standards was reviewed in September and October by engineering professionals, organizations, and associations representing the regulated community and consultants involved with waterworks projects. DOH staff are currently revising the standards based on the comments received during this initial review. A final draft is expected to be available this spring. DOH intends to hold workshops across the state to highlight changes to previous engineering design criteria, and obtain input on policy related issues including proposals for future revisions to DOH rules.

    The target date for finalizing the Waterworks Standards is dependent upon the extent of proposed rule revisions, but is expected by mid-summer/early fall, 1996. Until the Waterworks Standards are adopted, existing WAC and Sizing Guidelines should be followed. For more information on the Waterworks Standards, call (360) 753-5995.

     Lead/Copper Monitoring in 1996

    In 1996 DOH will be stepping up the compliance program for lead/copper monitoring. Over the past three years DOH has focused on public water systems with populations over 500. Beginning 1996, the program will emphasize compliance for systems with a population between 250 and 500. Systems that have not yet conducted their monitoring are out of compliance with federal and state rules. Systems will soon be notified of their specific monitoring requirements.

     Conservation-Oriented Water Rates

    DOH has recently published a technical assistance document entitled "Overview of Conservation-Oriented Rate Structures for Public Water Systems." This document was prepared to comply with the "Wild Salmonid Bill" from the 1993 legislative session.

    The document was prepared with assistance of a rate study committee, consisting of water utility and state agency representatives. It includes an overview of conservation-oriented rate structures and potential impacts to customers and water utilities from implementation of such rates, an overview of rate setting practices, an overview of factors to consider when selecting a conservation rate structure, case studies where conservation rates have been implemented, and references to additional pertinent literature.

    DOH transmitted a report to the Legislature on conservation rates, as required by the Legislature. The report provides an overview of rates currently utilized in Washington, and discusses the constraints facing systems when considering implementation of such rates.

    For a copy of this document call Publications at (360) 664-2441. If you have other questions contact Erik Fairchild at (360) 586-5207.

     A Letter From The Director

    The Division of Drinking Water has for years had an informal Water Supply Advisory Committee (WSAC). That Committee, consisting principally of representatives of organizations affected by the activities of the Division, has periodically provided advice and counsel on major program decisions.

    With the enactment of E2SSB 5448 during the 1995 session, the Legislature formalized the requirement that the program have a water supply advisory committee to provide advice to the program on the organization, functions, service delivery methods, and funding. The Legislature specified that the membership of the WSAC represent a broad range of interests in the regulation of water supplies, including water utilities of all sizes, local governments, business groups, special purpose districts, local health jurisdictions, other state and federal agencies, financial institutions, environmental organizations, the Legislature, and other groups substantially affected by the Department's role in implementing state and federal requirements for public water systems.

    The legislature also specifically directed that the WSAC participate in the preparation of a report to the legislature by November, 1996, focused on three key issues:

    1. The adequacy and necessity of the current and prospective funding for the Program;
    2. The extent to which the program has progressed toward achieving the objectives of the state's Public Health Improvement Plan; and
    3. An assessment of changes necessitated by modifications to the federal Safe Drinking Water Act (SDWA).

    We are moving full speed ahead to carry out this direction from the legislature. We have appointed 29 members to the new Committee, some of whom were members of the previous group, some of whom were on the Drinking Water 2000 Task Force, and some of whom are new.

    The full Committee met on November 2 and December 5. Judy Turpin, the representative of the Washington Environmental Council, was chosen as Chair; John Kounts of the Public Utilities Districts Association was chosen as Vice Chair. Three subcommittees have been formed: (1) the Water Quality, Supply, and Planning Subcommittee, chaired by Diana Gale of Seattle City Water; (2) the Governance and Funding Subcommittee, chaired by Lou Dooley of the Southwest Washington Health District; and (3) the Program Services Subcommittee, chaired by Jones Atterberry of the Association of Realtors and Skagit Public Utility District.

    The Committee has identified a broad range of questions to be answered under each of the key issues to be addressed in the legislative report. Some of them include the role of the Division of Drinking Water in the state's management and allocation of water resources; the division of responsibilities between state and local health jurisdictions; the ability of water systems and the program to take advantage of greater flexibility being proposed under a revised SDWA; the continued reliance by the program on certain types of funding, such as fees, in the absence of any state General Fund support; the proper prioritization of program functions, focused on populations at risk from inadequate or unsafe water supplies; alternative delivery of program services through third parties or the utilities themselves; and the ongoing problems associated with inadequate small water systems.

    I would summarize the issues in the following three questions: What should the state's program for regulating water supplies look like?; Who should do what?, and How should it be paid for?

    The Committee has agreed to an ambitious timetable for deliberating on these matters and trying to develop proposed answers or alternative approaches. The current schedule calls for a set of tentative proposals by May, which may be developed into budgetary or legislative items that the Department will pursue as agency initiatives. Further refinement will occur through October, when the report to the Legislature will be finalized.

    This is an exciting challenge to our Division and to the members of the WSAC. I continue to be grateful to people who are willing to provide their time, energy, and talents to helping us develop a statewide program that is effective, efficient, and serves the needs of the people of the state of Washington. As the year goes by, I hope to provide you with updates in the Water Tap on the progress of this group. Please feel free to contact me if you would like more information on the WSAC's work, or how you may be able to provide your own input into their activities.

    Sincerely,
    B. David Clark, Director

     Restructuring the Engineering Review and Approval Process

    DOH is examining ways to expedite reviews of engineering documents. The current process used for engineering project approvals was evaluated last spring by agency staff and external consultants and utilities.

    A major recommendation of this study was to accept registered engineer certification that distribution related projects had been designed in accordance with proper engineering principles and practices and then approving such "certifications" with minimal DOH review. It was recognized however, that the development of more detailed state design standards would be needed. The "self-certification" approach is currently proposed for implementation following finalization of these standards.

    Another alternative review and approval process for distribution related projects, recently instituted by DOH, does not depend on finalization of the Waterworks Standards. It is an option available to a water system that: (1) has a current-DOH approved water system plan; (2) has identified the project in the plan; and (3) has a professional engineer on staff, or under retainer, to review and approve construction documents. Satisfying these criteria will allow utility self-review of distribution related projects. Such projects would be treated in a manner similar to that for distribution mains under WAC 246-290-110(2) and -120(2). Any water system interested in this option should contact a DOH regional office for current policy provisions.

     Department Changes Fees for Service

    Effective November 4, 1995, DOH finalized changes to water system project review and approval fees (WAC 246-290-990). The revisions allow for recovery of actual costs of reviewing and approving documents and performing other fee-for-service activities. Increases comply with Initiative 601 limits.

    Several new fee categories were added. These include review and approval of Satellite Management Agency (SMA) Plans, conservation and wellhead protection documents, and special reports or plans such as corrosion control or tracer studies. New fees for monitoring waivers were also established.

    Some fee amounts decreased. Reduced fees now exist for project submittals that meet specific criteria and do not require a detailed evaluation by DOH.

    For a copy of the fee schedule, call 1 - 800 - 521-0323.

     Water Works Operator Certification Operation Advisory Committee

    In an effort to reduce costs to the state, the 1995 Legislature abolished the Water and Wastewater Operator Certification Board of Examiners effective July 1, 1995. However, the Legislature allowed DOH to form an advisory committee for advice and technical assistance on the examination and certification of water system operators.

    DOH believes that communication among certified operators, public water systems, consumers, and affected agencies is essential. DOH has formed the Water Works Operator Certification Advisory Committee, which will provide the opportunity for continuing the dialogue and sharing information on certification issues.

    DOH has drafted, for the Committee's review and approval, a Water Works Operator Certification Advisory Committee Handbook. This Handbook describes the purpose, membership, responsibilities, member qualifications, meetings, etc. of the Committee. The Committee will hold its first meeting in January, 1996. For further information contact Cheryl Bergener, Program Manager, Water Works Operator Certification Program (360) 753-7433.

     Regulatory Reform

    During the 1994 and 1995 sessions, the Legislature enacted a number of new requirements to make state agency activities less burdensome on the people and businesses regulated by state agencies. DOH has begun implementing these new legislative directives--collectively referred to as "regulatory reform". One objective of regulatory reform is to focus state regulatory agencies more on helping achieve voluntary compliance with state requirements. As part of the efforts DOH is taking a number of steps. These include:

    1. Revision of its Waterworks Design Standards to reduce or eliminate detailed review by Drinking Water staff of projects designed by state-certified engineers.
    2. Development of a technical assistance inventory that identifies technical assistance resources available both at DOH and from other entities.
    3. Review of existing rules and regulations to identify those that may be eliminated under a new "expedited repeal" process.
    4. Allocating more staff time to development of additional training to water system owners and operators, with a focus on small systems.
    5. Development of agreements with other state agencies (i.e., the Utilities and Transportation Commission (UTC) and local health departments) to clarify roles and eliminate overlapping areas of responsibility.
    6. Increase staff time spent on routine visits to public water systems.
    7. Reassessing program functions and funding as part of the activities of the W SAC.

    More changes to the Drinking Water Program are likely in the future as regulatory reform continues to evolve. The Water Tap will continue to provide you with updated information on changes, particularly as they affect water system operators.

     Safe Drinking Water Act Reauthorization

    Congress is once again considering legislation that would reauthorize and revise the provisions of the federal SDWA.

    A major revision to the SDWA--Senate Bill 1316--passed the Senate on November 29 by a 99-0 vote. It will now move to the House of Representatives for consideration.

    The bill makes major changes in the way in which the Environmental Protection Agency (EPA) will administer federal drinking water standards. Future rules would generally require the EPA to evaluate health risks, costs of implementation, and small system impacts before adopting a rule. EPA would also review existing monitoring requirements for some contaminants, and authorize water quality treatment technologies appropriate to all system sizes.

    Under this bill, state agencies administering the SDWA--such as DOH--would be given much more flexibility in tailoring monitoring and treatment requirements to systems within their states.

    The bill would also create the Drinking Water State Revolving Fund (SRF), which would provide low-interest and no-interest loans to water systems for capital facilities, source protection activities, and some technical assistance. Disadvantaged communities would be able, in some circumstances, to have their loans forgiven. Legislation enacted by the Washington State Legislature in 1995 has already authorized DOH, in conjunction with the Public Works Trust Fund, to setup and administer this financial assistance program once it is created by Congress.

    For additional details on the provisions of this bill, contact your local congressional office representative.

     Restructuring Case Histories

    DOH conducted an interview with Cas Hancock, one of the ex-commissioners from the Blue Spruce Water District #W10 located in Snohomish County concerning the district's examination and ultimate implementation of a restructuring action with Snohomish County Public Utility District (PUD) #1. The following notes provide some of the highlights of the interview.

    BACKGROUND: Blue Spruce Grove Community Club, Inc., began as a strictly recreational "camping" area with a distribution system designed to serve a total of 342 "standby" water connections. In 1985, with 76 permanent homes then connected to the system, two children in the neighborhood showed signs of giardiasis infection, not uncommon for untreated surface water systems. Resulting enforcement action included an order to provide filtration, chlorination and upgrade storage facilities.

    After the district had been formed out of the Community Club, project plans were approved and system improvements were made. October 1987 saw the completion of the $385,000 upgrade project, with funding furnished by FmHA. The EPA Departmental Order was lifted. Growth of permanent residential connections continued.

    THE PROPOSAL: In 1993, the PUD contacted the district, inquiring about interest in connecting to a Granite Falls area regional pipeline. The immediate reaction of the PUD Board of Commissioners was negative. With continued growth of users on the district system the system recognizes the need to make improvements to remain in compliance. The cost estimate for the needed improvements was $1.1 million.

    The Board of Commissioners of Blue Spruce decided to re-open talks about the regional pipeline. Due to the PUD's policy of restricting wholesale of water to municipals solely, Blue Spruce was faced with a decision whether to remain in the business and upgrade the existing system at a cost of $1.1 million, or become retail customers of the PUD.

    THE DECISION: The Board of Commissioners at Blue Spruce agonized over whether to relinquish its "power" and whether its customers would be happy with PUD water. Inflation increased the original estimate for upgrade. The PUD provided cost estimate of $500,000, with the PUD assuming the existing long-term debt of the district, and no "out-of-pocket" expenses to our customers. After walking through the financial responsibilities and alternatives, and having public information sessions, the Board of Commissioners made the decision. On April 1, 1995, the PUD assumed ownership of the Blue Spruce Water District distribution system, with 240 permanent connections.

    With the transfer, the Commissioners saw middle of the night emergency phone calls at an end, as were the tiresome readings of new regulations, responses to tedious numbers of official letters and monthly board meetings and the enormous responsibility of ensuring public health. The loss of power and position was minimal. Welcome to the return of a reasonably normal life.

    Interested in restructuring? Contact Peter Beaton at (360) 664 - 9698 to learn about the Department's Restructuring Program.

     Legislature Passes E2SSB 5448

    During 1995 the Legislature enacted an agency request bill, E2SSB 5448, which grew out of two recommendations by the Drinking Water 2000 Task Force. This bill has significant implications for water utilities, local governments and DOH.

    The three major areas impacted by this bill are Public Water System Coordination Act (PWSCA), Satellite Management and operator certification.

    Changes to the PWSCA bring it up to date with our experiences in the 21 areas where it has been used, since 1977. These include changes in the utility service appeals process which directs processing to local government; development of "timely and reasonable" criteria; modifications to when a coordinated water system plan (CWSP) can be updated; revisions to CWSP committee procedures; addition of a Satellite Management element; and creation of a new "abbreviated" CWSP's.

    With these changes, Satellite Management by a DOH-approved SMA is now mandatory for all new systems, where available. When unavailable, new systems still must pass financial viability criteria before they can be developed and must be conditioned upon future SMA if it becomes available and the system is out of compliance. A new list of DOH-approved SMA will be available by January. Only SMA's passing current DOH standards will be on this list.

    Operator certification requirements have been expanded for Group A systems with less than 100 services where water quality problems exist. Additionally, certified operators may now serve more than one system. This will help support the SMA concept.

    Other items addressed by E2SSB 5448:

    1. DOH is required to create a water supply advisory committee to help provide direction to the program and to develop a report to the Legislature including recommendations of program improvements.
    2. A drinking water assistance account, is created to allow the state to take advantage of federal funds that may be forthcoming when the SDWA is reauthorized.
    3. Local governments may create their own local operating permit programs as of July 1995. (Note: if a local program is created, systems governed under that local program will no longer be subject to DOH Operating Permit Program).
    4. The method for calculating penalties is clarified, and monies collected from these penalties are placed into an account to provide training and technical assistance to purveyors.
    5. It expands possible referrals of water systems by DOH to the UTC, to conduct audits of non-compliant systems.

    It is now unlawful and a misdemeanor to connect to a water system or a sewer district without the system's permission.

    DOH will be relying on a number of advisory groups to help develop guidance on how to implement this legislation. For more information contact Richard Siffert, Planning Program Manager at (360) 753-4299.

     The EPA National Needs Survey

    EPA has nearly completed the first national needs survey of drinking water system financial needs.

    The survey, begun in 1994, has two major objectives: (1) for the first time, develop a national estimate of the capital needs for water systems subject to federal standards under the SDWA, and (2) provide a basis for a new federal funding program to help systems finance these infrastructure costs.

    The EPA expects to provide Congress with a report in February, 1996, describing state-by-state needs. Congress is expected to use that report as the basis for making state allocations for the proposed Drinking Water SRF. The SRF is part of the pending reauthorization of the SDWA.

    Many Washington water systems have participated in the survey. All ten "large" systems in the state, serving 50,000 or more customers, completed and returned to DOH detailed questionnaires on their projected costs out to the year 2014. In addition, 61 "medium" systems in the state--serving between 3,300 and 50,000 customers--were chosen at random to complete similar surveys, which EPA will use to develop national cost estimates for systems of that size. Finally, 18 small systems--with under 3,300 customers--agreed to be visited by EPA surveyors and complete questionnaires tailored toward small system needs.

    EPA expects to conduct similar surveys every four years, alternating with similar surveys conducted by EPA on wastewater needs.

    The report should be available from EPA in March, 1996.

    The Department of Health wishes to extends its gratitude and thanks to those who participated in this major undertaking.

     Dear Dr. Drip

    Oh magnificent and all-knowing one, I have a question about a drinking water problem and need an answer without having to pay for a long distance call without getting caught in the notorious bureaucratic run-around. I need your help to answer a drinking water question.

    Signed:
    In Need Of Help

    Dear In Need:

    Boy! Does the Dripster have good news for you. The Ol' Doctor is pleased to inform you that the Drinking Water Program now has a toll-free phone line.

    The Drinking Water Program will have a professional staff person answer your call and provide a direct response. Please be patient, if your question cannot be addressed immediately, the answer may need to come from someone else in the Program. Feel FREE to use it whenever you have a concern, need general information, or have questions about the regulatory program. The toll-free line will be staffed from 8 a.m. to 5 p.m. Monday through Friday. You can also call on holidays or weekends and leave a voice-mail message. For answers call 1 - 800 - 521-0323.

    Water Faucet image

    The following individuals have contributed to the production of this issue of The Water Tap: Peter Beaton, Cheryl Bergener, Erik Fairchild, Jim Hudson, Chris McCord, Dave Monthie, Lisa Raysby, Ginny Stern, Carolyn Terry, and Darlene Treece, Editor.

    A special thanks to Kathleen "Cas" Hancock of Evergreen Rural Water of Washington for her contribution in the Restructuring Case Histories article.

    The Water Tap is published by the Department of Health, Division of Drinking Water to provide information on subjects of interest to water system owners, water works operators and others interested in drinking water. Comments and questions are welcome. Please write: Editor, The Water Tap, Department of Health, Division of Drinking Water, P.O. Box 47822, Olympia, WA 98504-7822. You may also send Email comments, suggestions or queries about The Water Tap to the Washington State Drinking Water Program.


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