Resolving Non-Compliance Monitoring and Reporting Natalie Bruner Kentucky Division of Water Compliance and Technical Assistance Section To Protect and Enhance Kentucky’s Environment
Overview • Violation Trends • Total Coliform • Ground Water • Disinfection Byproducts • Total Organic Carbon • Lead and Copper • Chemical • Sanitary Survey • Enforcement (ERP and ETT) • Consumer Confidence Report • Public Notification • Monthly Operating Report
Tips • Review your copy of every compliance report prior to submittal. • Consider using a mail delivery that provides verification of receipt by the DOW. • Contact the Compliance and Technical Assistance Section @ 502.564.3410 with questions.
Total Coliform Key Items to review for on the Bacteriological Analytical Result Form (BARF): • Dates • Duplicate Sample numbers • Sample Site numbers • Electronic File Errors
Ground Water Rule • PWSID • Free or Total Chlorine • Monthly Minimum • Number of lowest chlorine samples
Ground Water Rule and Total Coliform Rule Manager Brian Chitti502.564.3410 Extension firstname.lastname@example.org
Disinfection Byproducts • The following can result in Monitoring and Reporting Violations • Missing Analysis Results • Seasonal Systems Pulling Samples Outside Their Peak Historical Month • Missing Lab sample numbers • Dates • Missing Location Codes • Missing Method Codes
Disinfection Byproducts • Incorrect analysis forms (Stage I & Stage II forms) • Incorrect Location Codes • Failure to Submit • Hold Time Exceedance • Sampling from Incorrect Sites (Stage II) • Not pulling at the Maximum Retention site or Midpoint in Distribution System (Stage I DBP’s) • ¼ of samples for Stage I DBP’s must come from the Max site.
Number of Systems with DBP Monitoring & Reporting Violations Comparison 2012 2011 12 Public Water Systems with M&R Violations 2.53% of Water Systems in 2011 had M&R Issues # 1 Issue: Missing Samples • 23 Public Water Systems with M&R Violations • 4.85% of Water Systems in 2012 had M&R Issues • # 1 Issue: Failure to Submit
Number of Systems with TOC Monitoring & Reporting Violations Comparison 2012 2011 22 Public Water Systems with M&R Violations 4.64 % of Water Systems in 2011 had M&R Issues Number 1 Issue: Failure to Submit • 22 Public Water Systems with M&R Violations • 4.64% of Water Systems in 2012 had M&R Issues • Number 1 Issue: Failure to Submit
DBP Stage II • Incorrect Sample Sites • Incorrect Forms • Failure to Submit NOTE: If PWS’s have not submitted their Specific Site Information Forms for Stage II DBP’s. *Please complete the form prior to commencing compliance monitoring. *This can be a Potential M&R violation for Stage II DBP’s.
DBP Stage II Submit to DOW ASAP! See me today if you need copies.
DBP and TOC Rule Manager Kellee’ Husband DBP/TOC Compliance Officer Environmental Technologist III Phone: (502)564-3410 ext 4986 email@example.com
Lead and Copper • What should be submitted to DOW to satisfy the lead/copper rule? 1) all results (based on population) 2) 1 sample copy of the results notification form 3) Lead/Copper results delivery notification form • Only 1 commercial lab is sending in lead/copper results electronically, it is the water system’s responsibility to get those results signed and sent in. • Your 90th percentile and range for lead/copper are required for the CCR
Lead and Copper Lead/Copper Results Notification Form---- Must be sent to all sample sites you sampled including one sample copy to DOW.
Lead and Copper • Lead/Copper Results Delivery Certification: Send this form to DOW once you have notified your customers of their results
Lead and Copper • Examples of 90th percentile:--Systems that take 5 samples, 90th percentile is the average of the 2 highest results. --If the result is reported as less than consider the result as zero mg/l.
Lead and Copper Examples of 90th percentile: --Systems that take 10 samples 90% is number of samples X .90. • 10 X .90 = 9 • 90% for Lead is 0.006 mg/l • 90% for Copper is 0.987 mg/l
Lead and Copper • Examples of 90th percentile--Systems that take 20 samples, note that there are 2 high lead results but the 90th percentile result is below the action level.
Lead and Copper • Todd says to call for: • Lead/copper monitoring schedule • Add new lead/copper sampling sites • Possible lead/copper exceedance • Other Questions??????? • If the fish are biting
Lead and Copper Rule Manager Todd Ritter Division of Water 200 Fair Oaks Lane, 4th Floor Frankfort, KY 40601 502-564-3410 ext. 4981 firstname.lastname@example.org
Chemical Rule • Chemical Reporting Issues • All chemicals (except some Asbestos sampling) should be taken from the plant tap (TPA, TPB, etc). • Detects/MCLs require extra monitoring for that contaminant only. Check your results and notify your lab! • Systems must send written request to go to reduced sampling once you’ve had a detect/MCL. Typically after a detect 2-4 consecutive quarters are required depending on type and whether you’re a GW or SW, followed by annual monitoring in the highest quarter. • 2013 is the end of 3 year cycle, make sure you’re in good standing.
Chemical Rule • Surface Water Basic Monitoring(Assuming you have done initial monitoring) Asbestos – have until the end of 2013 (Plant tap or Asbestos sample site) Inorganic Chemicals – once per year Nitrate – once per year in your highest quarter Nitrite – 2011-2013 have until the end of 2013 to get this one, next monitoring will be in 2020-2022. Secondary Chemicals – once per year Sodium – once per year Synthetic Organic Chemicals – Population based if less than 3300 people 1 set in 3 year period. Greater than 3300 population requires 2 sets in 3 year period Volatile Organic Chemicals – once per year Radiologicals – call Todd because it varies upon results of the system.
Chemical Rule • MCLs/Detects for GW systems Asbestos – minimum of 2 consecutive quarters Inorganic Chemicals – minimum of 2 consecutive quarters Nitrate – If result is between 5 mg/l-10mg/l then a minimum of 4 consecutive quarters. Stay on quarterly until result is below 5 mg/l. If result it greater than 10 mg/l confirmation sample required Nitrite – If result is between .5 mg/l - 1mg/l then a minimum of 4 consecutive quarters. Stay on quarterly until result is below .5 mg/l. If result it greater than 1 mg/l confirmation sample required Secondary Chemicals – if > MCL confirmation sample required Synthetic Organic Chemicals – detect-minimum of 2 consecutive quarters, if results are reliably below detect level, can request to go to annual sampling in highest quarter Volatile Organic Chemicals – detect-minimum of 2 consecutive quarters, if results are reliably below detect level, can request to go to annual sampling in highest quarter Radiologicals – if > than MCL, 4 consecutive quarters
Chemical Rule • MCLs/Detects for SW systems: Asbestos – minimum of 4 consecutive quarters Inorganic Chemicals – minimum of 4 consecutive quarters Nitrate – If result is between 5 mg/l-10mg/l then a minimum of 4 consecutive quarters. Stay on quarterly until result is below 5 mg/l. If result it greater than 10 mg/l confirmation sample required Nitrite – If result is between .5 mg/l - 1mg/l then a minimum of 4 consecutive quarters. Stay on quarterly until result is below .5 mg/l. If result is greater than 1 mg/l confirmation sample required Secondary Chemicals – if > MCL confirmation sample required Synthetic Organic Chemicals – detect-minimum of 4 consecutive quarters, if results are reliably below detect level, can request to go to annual sampling in highest quarter Volatile Organic Chemicals – detect-minimum of 4 consecutive quarters, if results are reliably below detect level, can request to go to annual sampling in highest quarter Radiologicals – if > than MCL, 4 consecutive quarters
Chemical Rule • Todd says reasons to call: • Chemical monitoring schedule • Detect schedules • MCL of Nitrate or Nitrite • Other Questions??? • I repeat….if the fish are biting
Chemical Rule Manager Todd Ritter Division of Water 200 Fair Oaks Lane, 4th Floor Frankfort, KY 40601 502-564-3410 ext. 4981 email@example.com
Sanitary Surveys • Results of Sanitary Survey including a Cover Letter will be sent to PWS to notify entity of any deficiencies determined during the survey. • Sanitary Surveys require a response if deficiencies are determined: • Significant deficiencies: 45 days (SW) to respond or provide corrective action plan. 30 days (GW) • Non-significant deficiencies: 90 days to respond or provide corrective action plan.
Sanitary Surveys • Failure to respond to deficiencies: • PWS will receive a Notice of violation (NOV) • Must reply to NOV within 30 days of receipt • Failure to respond to NOV: • Referral to Division of Enforcement
Sanitary Survey Coordinator Russell Neal Division of Water 200 Fair Oaks Lane, 4th Floor Frankfort, KY 40601 502-564-3410 ext.4969 firstname.lastname@example.org
Enforcement Response Policy (ERP) • ERP was designed to identify PWS with health-based violations and those that show a history of violations across multiple rules. • Focuses on “return to compliance” rather than simply “addressing” a violation. • Uses an Enforcement Targeting Tool (ETT) to track priority systems.
Enforcement Targeting Tool (ETT) • ETT prioritizes PWS by assigning each violation a “weight” based on the threat to public health. • 10 pts for each acute health-based violation • 5pts for each other health-based violations (MCL, TT, and MRDL), including Nitrate MR and TCR MR repeats. • 1pt for all other violations (Monitoring/Reporting, PN, CCR, etc) • Water systems whose score is greater than or equal to 11 points will be considered a priority system and referred to Division of Enforcement.
Formal Enforcement Action • Agreed Orders: • Given to systems that have long history of non-compliance and/or re-occurring issues. • Penalties assessed (civil and/or stipulated) • Corrective Action Plan (CAP) • AO will remain open until compliance has been met for 4 consecutive quarters. • Demand Letters: • Only given to systems that do not have a prior history with enforcement and have already returned to compliance by the time formal action has taken place. • Penalties assessed (civil) • Corrective Action Plan (CAP) • Can be closed once penalties and CAP have been submitted. Enforcement action will be required within 2 consecutive calendar quarters once PWS is identified on ETT.
Returning to Compliance • Once formal enforcement action has taken place PWS is on the “path to compliance” and will continue to be tracked by the State and EPA until “return to compliance” is achieved. Note: It is EPA’s goal to address issues that have the potential to affect children and the elderly as quickly as possible. All schools and senior citizen groups are always tracked regardless of 11 pt rule and asked to address issues as they arise.
Enforcement Coordinator Linda Metts Division of Water 200 Fair Oaks Lane, 4th Floor Frankfort, KY 40601 502-564-3410 ext. 4984 email@example.com
CCR Compliance CCR Language PWSs Do not include or properly word: • Definitions • Violation Explanations • Mandatory language
CCR Compliance Data: • Data is incorrect or not reported correct in the table • IDSE Reporting--Averaging Stage 1 & 2 data together • Total Coliform & E. Coli detects not in table. • Lead and Copper Reported Wrong • 90th Percentile is Reported Wrong • Lead Not Reported in Parts Per Billion (PPB) • Missing Lead Language
CCR Compliance Other CCR Issues: • Violations for the year not listed • Wrong Calendar Year Listed for CCR • Incorrect PWSID • No CCR Certification • Late Submissions or No Submission • Secondary Contaminants • List in Main Table
CCR Compliance e-CCR Possible Issues: • Required Notification Language is Missing or Not Used • URL Address/ Link Does Not Take Customer Directly to CCR • Secondary Distribution Method Requirements Not Met
PN Compliance Public Notice Certification Form: • Missing Primary and Secondary Distribution Dates (these dates are important when closing the PN portion of the NOV) • Failure to list Secondary method • Failure to perform Secondary Distribution • No signature • Date certification was signed • Failure to complete and submit PN Certification • Usually occurs when a PN is performed in a CCR
PN Compliance Most Commonly Missed Mandatory Language: We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not our drinking water meets health standards. During [compliance period] we [‘did not monitor or test’ or ‘did not complete all monitoring or testing’] for [contaminant(s)] and therefore cannot be sure of the quality of your drinking water during that time Standard Distribution Language: Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail.
PN Compliance • Mandatory language missing/deficient • Dates not listed for when violation occurred • Date distributed missing on PN • Wrong PWSID listed on PN (this is important for scanning) • PN was not performed within required time frame • Secondary distribution not performed or was deficient.
PN Compliance Other PN issues: • PN was not performed or submitted • Sent PN to customers but not to DOW • Envelope sent containing more than one NOV -PNs for all NOV in envelope are over looked • NOV are returned to DOW. • Seasonal Facility Water Systems • Campgrounds, Golf Courses, Race tracks and Etc