Increasing Attention to Significant Noncompliance Dischargers

Author Jill Wallitschek and WaterOperator.org would like to thank EPA’s Office of Enforcement and Compliance Assurance for helping develop this blog post as part of its outreach to permittees about the Clean Water Act National Compliance Initiative.

National Pollutant Discharge Elimination System (NPDES) permit compliance protects public health and the environment from the release of harmful contaminants. During FY 2018 approximately 20% of the nation's 46,000 permit holders were in significant non-compliance (SNC) violations. SNCs are designated as serious violations warranting enforcement response if not promptly resolved. These violations ranged from significant exceedances in effluent limits to reporting failures. To better defend environmental and public health, the U.S. Environmental Protection Agency (EPA) has initiated a National Compliance Initiative (NCI) for NPDES permits and, in September, released a Compliance Advisory.

The NCI uses a full range of compliance assurance tools to reduce NPDES permittees non-compliance. By FY 2022 the NCI aims to reduce SNC rates by half. Small systems, this includes you too! This NCI will target facilities of all sizes equally. More attention will be directed toward facilities approaching or already in SNC. Facilities failing to comply can be subject to increased monitoring, inspections, enforcement actions, and other compliance activities. The NCI notes that permittees that voluntarily disclose and correct violations may be eligible for a reduction or elimination of penalties.

While this initiative might feel intimidating, the NCI offers resources to those taking immediate compliance efforts. The EPA recommends permittees first assess compliance by reviewing discharge monitoring reports (DMRs) and the Enforcement & Compliance History Online (ECHO) tool. If your facility does require assistance, reach out to your NPDES permitting authority for assistance. Other organizations like Rural Community Assistance Partnership (RCAP) and National Rural Water Association (NRWA) may also be able to provide assistance. Each state implements their own NPDES programs with the exception of New Mexico, Massachusetts, New Hampshire, and areas within Indian Country which are managed federally.

Small system SNCs can originate from a variety of causes. Failure to monitor, analyze, and report wastewater samples according to your NPDES permit can lead to a violation. Alternatively, incomplete or inaccurate compliance data transferred from state systems to the EPA’s Integrated Compliance Information System (ICIS) system can result in inaccurate identification of SNC permittees. Checking your compliance status in ECHO can prevent these complications. In addition to monitoring and reporting violations, unplanned discharges such as from a sanitary sewer overflow can also result in SNC. When wastewater effluent exceeds NPDES pollutant levels, utilities will also fall out of compliance. These exceedances typically arise as a result of operational, design, or administrative issues. We recommend the following resources to help improve your NPDES compliance:

Activated Sludge Process Control and Troubleshooting Methodology
Resolve 95% of your activated sludge process control issues using this Ohio EPA manual.

EPA’s ECHO Electronic Tool
The ECHO Detailed Facility Report tool helps facilities monitor compliance and verify the cause of SNC. Learn how to use the tool through the “Intro to ECHO Webinar” and other materials on this webpage.

EPA Webinars: Technical Assistance for Publicly Owned Treatment Works (POTWs)
The EPA hosts free webinars once a month offering technical assistance to POTWs. Find these webinars on our national training calendar or at the link above.

Managing Small Domestic Wastewater Systems
This TCEQ guide helps utilities develop plans to maintain or achieve compliance. The guide includes compliance checklists and planning worksheets. For additional assistance, TCEQ has developed and referenced resources for troubleshooting anything from bacteria control to process control.

Why Is My Lagoon Not Meeting Effluent Limits?
This article from the November 2016 issue of The Kansas Lifeline summarizes how to troubleshoot lagoon effluent compliance issues.

To find solutions to more specific compliance challenges, check out the WaterOperator.org resource library and small systems blog posts.

Featured Video: Why Are 96,000,000 Black Balls on This Reservoir?

By Jill Wallitschek

In 2015 the Los Angeles Department of Water and Power went viral when it unleashed 96 million shade balls into the Los Angeles Reservoir. The 175 acre reservoir served to store 3.3 billion gallons of treated drinking water. Shade balls were previously introduced to three other reservoirs in the LA area between 2008 and 2012. Releasing the 96 million balls marked the end of a 8 year project.

The project was first instigated when the Department of Water and Power was notified of high bromate levels in their water. Bromate (BrO₃^- ) is a disinfection byproduct regulated at 0.01 mg/L. High levels can increase risk of cancer. The chemical forms when bromide (Br ^- ), an otherwise harmless ion, reacts with ozone (O₃). For this reason treatment plants that use ozone are required to monitor for bromate monthly. Qualifying plants can reduce their monitoring to quarterly.

The LA Department of Water and Power determined that while they were finding low levels at the treatment facility, levels were elevated at the reservoirs. Upon investigation the facility realized that bromate can form under chlorination as well. When chlorinated water containing bromide reacts with sunlight, it forms bromate at even higher concentrations than ozonation. This realization prompted the facility to look toward a solution.

Removing the naturally occurring bromide wasn’t an option. Chlorination residual was necessary to protect public health. Ultimately the Department determined that sunlight was the only variable left to control.

After brainstorming for affordable and effective covers that could block sunlight across 175 acres, the Department discovered a product called “bird balls”. At the time, bird balls were used to deter waterfowl from swimming in contaminated water bodies or ponds near airport runways. These balls were made from high density polyethylene, a floatable, food grade plastic. The addition of carbon black gives them a black color and increases their life expectancy to approximately 10 years without sun bleaching. After consulting the manufacture, the balls were put through a small-scale test to access their bromate reduction abilites. The shade balls passed with flying colors.

Shade balls not only reduce bromate formation in the reservoir, but they deter birds, control algae, and reduce evaporation by 80 to 90%. Having been implemented under historical drought conditions, the innovation was applauded for its water saving results. According to the Massachusetts Institute of Technology these shade balls will have to be used for roughly 2.5 years to compensate for the water required to produce them. Since less chlorine is required to control algae formation with the adoption of shade balls, the treatment facility is experiencing significant cost savings as well. Over the course of their life span the reduction in chlorine use and evaporation will have paid for roughly half the shade balls.

Shortly after their installation, one of the reservoirs was removed from service and two of the remaining reservoirs transitioned to floating covers. Federal law requires that all drinking water bodies open to the air be covered. Transitioning the final Los Angeles Reservoir would have been too cost prohibitive based on its size. So given the effectiveness of the shade balls in such a large area, they shall remain in the Los Angeles Reservoir to prevent bromate formation, evaporation, and algae for the Los Angeles people.

Best Practices for In-Person Training During COVID-19

By Jill Wallitschek

To provide operators with continuing education opportunities during the pandemic, many training providers have adapted their classes to virtual training. These efforts have resulted in new online training opportunities and have allowed operators to earn their much-needed continuing education credits. Despite these efforts, not all training topics can be offered in an online format to all operators. Some training topics require equipment demonstrations and hands-on practice. In addition, some operators have limited internet access or may find it difficult to learn in an online setting.

For these reasons and others, some training providers have returned to an in-person training format. In this post, we have summarized COVID-19 safety trends our staff have observed from training providers as they resume in-person training. Using these trends, as well as CDC guidelines, we have provided a compiled set of recommendations to protect operators registered for in-person training.

Looking through training registration webpages and memos posted regarding the resumption of in-person training, the bulk of training providers have noted that they intend to follow local, state, and federal safety guidelines during class and in preparation of the class. This generally includes social distancing, the requirement of masks, and a restriction on the number of registrants per class. Many providers will also require students to fill out a COVID-19 screening checklist as well. Training providers of colleges or areas with higher infection rates trended to have stricter and more detailed guidelines. Classes developed around the use of hands-on equipment such as backflow prevention workshops, developed specific guidelines for how equipment will be maintained during the course.

The most thorough training providers include safety information about instructor requirements, student requirements, and facility requirements. Some of these trainers designated their own hotline to report cases or ask additional questions about COVID safety.

Based on our review of these recommendations, we have put together “best of” guidelines that training providers can use to protect their operators.

Classroom Preparation:

• Training will follow federal, state, and local guidelines
• Prepare the facility according to CDC Facility Disinfection guidelines
• All employees should be trained and certified on personal hygiene and surface sanitation/ disinfection procedures. See the Disinfecting Your Facility guidance by the CDC.
• Instructors are to remain at least 6 feet away from students
• Set up the chairs or workstations no less than 6 feet apart
• Provide hand sanitation stations throughout training facility
• Place posters in popular areas that encourage hand hygiene
• Specify entrances and exits through signs or floor tape
• Ensure that the check-in table provides a notice to:
  • Require mask use and proper hand hygiene
  • Inform of hand sanitizer stations
  • Prohibit handshakes, encouraging other noncontact greetings
  • Direct employees to visit the CDC’s coughing/sneezing etiquette and clean hands webpage
  • Inform guests of specified entrances and exits visible for the use of classes
  • Request students fill out pre-screening questions
• Training will be rescheduled or moved if the host site experiences an active COVID-19 case within the 2 weeks of class

Classroom Maintenance:

• Disinfect common surfaces (doorknobs, bathroom fixtures, classroom tables, chairs, etc.) before class, once mid-morning, once mid-afternoon, and after students leave for the day
• Limit bathroom use to one or two people at a time to maintain social distancing
• Suspend food consumption or drinks inside classroom
• Suspend food service or offer pre-boxed meals during breaks
• Require students eat outside or in designated areas set up for social distancing.

Student Requirements:

• Students should be directed to review safety requirements and pre-screening questions prior to the training
• Upon arrival Students should be directed to fill out a liability waiver acknowledging the measures taken by the training provider to prevent the spread of COVID-19, their compliance, and who should be held liable if illness occurs. An excellent example of this waiver was developed and used Arkansas Rural Water Association. Such waivers can require that:
  • Students must wear a mask according to CDC guidelines
  • Additional PPE, including protective gloves, may be required during certain tasks
  • Students must follow social distancing guidelines to maintain 6 feet of distance between the instructor and other students
  • Students will wash hands frequently for 20 seconds avoiding contact with the eyes, nose, or mouth
  • Students follow appropriate coughing etiquette
  • Students must refrain from eating or drinking in the classroom
  • Students will adhere to all safety guidelines set by training provider
• Upon arrival Students should read and sign a prescreening questionnaire that certifies:
  • I am not experiencing any symptom of illness such as cough, shortness of breath, difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell
  • I have not traveled internationally or out of state within the last 14 days
  • To my knowledge, I have not been exposed to someone with a suspected and/or confirmed COVID-19 case in the last 14 days
  • I have not tested positive for COVID-19 in the last 14 days
• If resources provide, students will have their temperature checked before entrance. Students with temperatures above 100ºF will be denied.
• Students should bring their own writing utensil, books, paper, and calculator. No sharing is permitted.
• If diagnosed with COVID-19 or exhibiting symptoms within 2 weeks of the training or if exposed to COVID-19 during the training, students must notify the training provider

Equipment Expectations:

• Instructors observing student(s) must remain 6 feet away from the testing station and student
• When hands on equipment is used, attendees will get their own piece of equipment that stays in class
• Each cart and testing station will be routinely cleaned, sanitized, and disinfected before the start of class and after each session
• All tools and test kits will be routinely cleaned, sanitized, and disinfected before the start of class and after each student has complete

While continued training opportunities are important, the health of our essential workers must be priority. WaterOperator.org hopes that all training facilities offering in-person classes are taking every possible to protect their students.

A note to our operators: If you’re looking to attend an in-person training, investigate the training provider safety measures before registration. If these measures aren’t available online, it’s always best to call ahead. WaterOperator.org lists live, online and in-person training opportunities in our national training calendar.

New Video Series: Compliance Conversations for Small Water Systems

Every time we hop on a call or head to a conference, we hear from experts with a wealth of knowledge. From "Why didn't I think of that?" tips to fascinating case studies, we're bringing the juiciest tidbits to you with a new video series.

Compliance Conversations offers insights on operating and managing a small public water system from a range of contributors. Each episode will feature an interview with a water industry professional so you can learn from the comfort of your computer or favorite device.

The first four episodes feature Jeff Oxenford, of Oxenford Consulting and the Rural Community Assistance Partnership. In these episodes, Jeff breaks down the most common drinking water compliance issues:

• The Most Common Drinking Water Compliance Issues | 001
• A New Way to Look at Your Water System's Sanitary Survey | 002
• How to Prepare for the Unexpected at Your Water System | 003
• The Most Important Factor for Public Water System Compliance | 004

We're already working on a new batch of episodes, so make sure to subscribe to the WaterOperator.org YouTube channel so you will be the first to know when new videos are uploaded!

Free Resources for Non-Community Water Systems - Recording on June 6, 2018

This webinar, recorded on June 6, 2018, introduces our free, 2-hour online course that helps owners and operators of public water systems with a groundwater well better understand how to properly care for their water supply. The course curriculum includes the basic science of groundwater, well mechanics, and source water protection best practices. 

What We Can Learn from Flint

Unintended consequences are real.

Don’t be afraid to ask for help.

Public health is the priority.

Trust is easier to break than restore.

Winterizing for Consumers and Small Water Systems

Winterizing for Water Systems

Consumer Information: Winterizing Plumbing and Thawing Frozen Pipes

• RCAP’s ebulletin on winterizing for the utility and the customer
• the Red Cross’s information page on winterizing pipes, and safely thawing pipes that have frozen,
• this video by a real estate agent showing how to properly drain outside spigots for the winter,
• and this video by a building contractor in Boulder, Colorado, which includes tips for turning off water to the house in the event of a burst pipe, ways of regulating temperatures so pipes don’t freeze in the first place, and advice on safely thawing pipes when they do freeze.