Safe Drinking Water Act John N. Gillis, Ph.D. U.S. EPA, Region VIII Denver, Colorado Office of Enforcement, Compliance, and Environmental Justice Technical Enforcement Program

What is a Public Water System? PWS provides water for human consumption – Regularly serves at least 25 persons – OR – Has at least 15 service connections Private wells serving less than 25 persons are not regulated.

Types of Public Water Systems Community Non-community – Transient non-community – Non-transient non-community

Regulations for Public Water Systems Safe Drinking Water Act National Primary Drinking Water Regulations – 40 CFR Part 141 Most States have "Primacy" EPA has Direct implementation – Wyoming – Indian Country

Types of Requirements Sampling and Reporting Record Keeping Public Notification These requirements depend on the type of PWS, number of persons served, source of the water. Requirements are complicated!

Enforcement of the SDWA Violation Letters Administrative – Emergency Administrative Order Civil Judicial Criminal

Common Violations of the SDWA/NPDWRs Monitoring violations Maximum Contaminant Level violations Failure to do Public Notice Failure to report the violation

Case Study - You do not want your PWS as the next example!!!! Ayers National Bridge County Park – Near Douglas, WY July 18, several company picnics – About 150 people got sick - all recovered Drinking water contaminated with Shigella – organism found in human and animal feces – not all that common EPA notified on about August 4, 1992 EPA issued an Emergency Order on August 8, boil order

As Federal Facilities - you are special! SDWA amended in 1996 SDWA Section 1447(b)(1) Gave EPA penalty authority against Federal facilities Maximum $25,000 per day per violation

SDWA Violations by the Forest Service AO to Forest Service Campground – Bacteriological violations  Failure to monitor  MCL violation  Failure to do repeat sampling – Orders them to do monitoring

Redstone Arsenal - Huntsville, Alabama PWS supplied water for about 22,000 people Violations – Surface Water Treatment Rule – Total Coliform Rule – Public Notification Rule EPA settles SDWA penalty case against a Federal facility for $900,000

Redstone Arsenal - Huntsville, Alabama Cash penalty $80,000 $807,000 to be spent on SEPs – Chlorine monitoring system – Treatment plant upgraded  Computer software / water stagnation problems EPA settles SDWA penalty case against a Federal facility for $900,000

Concessionaires The holder of a concession granted by a government agency

If your concessionaire is in violation: Check contract – Most require compliance with all Federal regulations Add if not included in their contract – Many of these contracts are old You might have one of these on your facility Have the regulatory agency notify you if there is a problem Make the concessionaire fix the problem !!

Class Participation You just received notification from the laboratory that the latest BacT sample from your PWS was TC+ and EC+. You are the operator of this PWS. What actions do you need to take?

What do I need to do if there is a violation at my PWS?

Notify State/EPA Do Public Notice Is additional sampling required? Fix the problem! Plan in place to deal with drinking water problems? Is a boil order necessary?

You just received an Administrative Order from the State for violations by your PWS. What do you do?

Evacuate the facility Throw the Order away - no one will ever find out! Jump from the fire tower (water tower?) Call the State/EPA person identified in the Order and give them a piece of your mind Immediately shut off all of the water supply Read the Order Address the violations Identify problems with your PWS

What do I do if I receive an enforcement action from the State or EPA? Read the Order carefully – Don't panic - take this seriously! Make sure the information in the Order is accurate (Findings section) Do what the Order requires (Order section) Identify and correct chronic problems Contact person from the Agency that issued the Order if you have questions Do not ignore the Order!

11 Ways to Avoid Enforcement Action 1)Keep up with your monitoring 2)Know the requirements for your PWS 3)Include your PWS ID# on your BacT samples 4)Do BacT samples at the beginning of the compliance period 5)Do public notice for any violation(s) 6)Notify the State/EPA of any violations 7)Ask the State/EPA for technical assistance 8)Keep State/EPA phone numbers handy 9)Don't submit false data

11 Ways to Avoid Enforcement Action 10)Disinfect your water system 11)Make someone responsible - encourage (require) this person to become a certified operator Remember YOU are responsible for compliance with the SDWA and the National Primary Drinking Water Regulations!!