… and how they affect your Utility

August 1, 2012

New Regulations

New Regulations Overview

• New Drinking Water regulations – Federal Regulatory Updates – State Rules

• Groundwater and Sanitary Survey Rules • Construction Site Stormwater

– Enhanced Compliance (Toll Bros. case) – Federal Rule

• CWA Section 404 Nationwide Permits

Federal Drinking Water Regs • Total Coliform Rule Revisions (expected summer

2012) – Systems with distribution system coliform positive in the

distribution system – Requires system to assess the problem and

take corrective action • Chromium VI

– Current MCL is for total Chromium only – US EPA evaluating whether to set a specific MCL for

Chrome 6 • Perchlorate

– Naturally occurring and man-made chemical – Used to produce rocket fuel, fireworks, flares and

explosives. Also in bleach and some fertilizers – US EPA evaluating new MCL

State Regulations

• Cross Connection Control (11/1/2012) – Incorporates "Manual of Cross Connection

Control“ (USC, 2009) by reference – Incorporates "List of Approved Backflow

Prevention Assemblies“ (USC, 2010) – Requires device testing once per year

• Stage 2 D/DBP Revisions (1/1/2013) – Affects small Groundwater systems (500-9,999) – Monitoring required for both TTHM and HAA5 – Monitoring twice annually

State Regulations (Con’t)

• Chloride/Sulfate Water Quality Standards – Seeks to adjust State WQS for chloride and

sulfate – New standards will be based on hardness of

water – Final Adoption set for 8/1/2012

• Lake Nutrients – Adds new numerical criteria to protect lakes – Focus on total phosphorous – Still in 1st Notice stage

Groundwater Rule

• Effective December 1, 2009 • Demonstration of 4-log inactivation of

viruses • Conduct “Triggered Source Water

Monitoring” following total coliform positive • Treatment may be required, if

– Significant deficiencies identified (Sanitary Survey)

– Has source water fecal contamination

Sanitary Surveys (327 IAC 8-2-8.2)

• Effective December 1, 2009 • IDEM conducts:

– Every 3 years (Community Water Systems) • May extend to every 5 years

– Every 5 years (Non-community systems) • Defines deficiencies for components of

system – Source(s), Treatment, Distribution and

Transmission, Storage, Pumping, and Management and Operations

Sanitary Survey Rule (Con’t)

• Significant Deficiencies – Deficiencies or other conditions with potential to

cause immediate risk to human health – Deficiency not corrected from previous sanitary

survey – Deficiency under corrective action schedule

• Responses to Deficiencies – 30 days from receipt of report – Deficiency is controlled by system – Identify how system will address – Identify a schedule for corrective action

Sanitary Survey: Source of Supply

• Deficiencies – Raw water quality indicates sanitary risk – Sanitary Setbacks

• Pollution sources • System doesn’t own or control

– Uncovered unsealed reservoirs with no treatment

– Failure to prevent unauthorized access – Well location (flooding or contamination) – Improper construction/maintenance

Sanitary Setback Area

• 200-foot (standard), may be adjusted to 100-foot, if: – Possess 4-log virus inactivation, or – Favorable hydrogeologic conditions

• Conditions: – No Potential Sources of Contamination – Owned or controlled by PWS – No commercial roads, railroads – Adjacent wells – Un-used wells to be abandoned – No Sanitary/Storm Sewers

100’

Proposed Well Old Well

Property Line

Well Security

• Fencing • Well Houses • Locks • Steel Doors • Cameras • Daily Inspections

Well Security Examples

Improper Construction

• Deficiency noted if Well is “Improperly Constructed”. Required Components: – Smooth-nose sample spigots – Flood Protection – Vents – Water Level Monitoring Access – Valves – Flow Metering

Well Construction

• Sample Spigots – Required for Raw

Water Sampling – Smooth nose

(outlet) to minimize bacteria

– Upstream valve to prevent freezing

Well Construction (Con’t)

• Flood Protection – Top of Well Casing Must be [327 IAC 8-3.4-16(a)(5)]: – 3-feet above 100-year flood elevation, and – 18-inches above finished grade, and – 12-inches above pump house floor.

• Public Water Supply Wells must be at

least 25-feet from a surface water body.

Well Construction (Con’t)

• Vents – Required to allow

air escape – Vent outlet must be

screened to prevent bugs, rodents, etc.

– Must penetrate casing or through pump head

Well Construction (Con’t)

• Monitoring Access – Access to measure

water levels – Through pump

head or separate steel tube

– Poly tubing taped to column (prevents “bowl food”)

Well Construction (Con’t) • Other Design Issues

– Valves • Check Valves • Air Release Valves • Isolation Valves (Gate or Butterfly) • Drain-back

• Meters – Metering required (Individual wells or Collectively) – Various Types

• Magmeter (full-body) • Magmeter (inserts) • Propeller • Venturi

Other Items

• Inspection/repair items are included specifically – Cracked casing – Missing well cap

• Records – Well Log – Pump Installation Report – Well Maintenance Records

• Wellhead Protection Plan

Other Regulations

• Construction Site Stormwater (Rule 5) – US EPA adopted new General Permit for

Construction Site stormwater on 2/16/2012 – Indiana General Permit (Rule 5) is still in

effect (for now) • Applies to land disturbing activities >1-acre • Notice of Intent submittal to IDEM • Prepare Storm Water Pollution Prevention Plan

(SWPPP) – Does not include effluent limitations

Other Regulations (Con’t)

• Construction Site Stormwater – Enhanced Compliance Anticipated – Recent Enforcement Case

• Toll Brothers (large/Nationwide homebuilder) • Over 600 violations of general permits issued by

USEPA, Maryland and Virginia • Penalty = $741,000 • Develop company-wide stormwater compliance

program • Required to inspect its current and future

construction sites routinely

Other Regulations (Con’t)

• Construction Site Stormwater requirements: – Sediment and erosion controls – Natural buffers or alternative controls – Soil stabilization – Pollution prevention – Site inspections

• Every 7 calendar days • Every 14 calendar days and within 24-hours of storm

event (0.25-inches or greater) • Complete inspection report with 24 hours of inspection

– Corrective action – within 7 calendar days of discovery

Other Regulations (Con’t)

• Construction Site Stormwater – Inspections – Conducted by project (contractor or owner)

staff or third party – Must be a “Qualified Person” – Rule specifies where inspections are to be

conducted and what is to be inspected – Inspection reports to be maintained for 3-

years – EPA or State may conduct separate

inspections

Other Regulations (Con’t)

• New Section 404 Nationwide Permits – Nationwide 12 (Utility Line Activities)

• No notification if project affects <0.5 acre

– Has IDEM Issued 401 Water Quality Certification • Must notify IDEM 30-days prior to construction • Cannot permanently impact >0.1 acre or >300 LF

(includes secondary effects – dams, dredging, etc.) • Must provide at least 3-feet of cover over line • No exposed in-stream stabilization

– If conditions cannot be met, Individual 401 required

Questions? Contact Information: Paul Johnson, LPG pjohnson@structurepoint.com American Structurepoint 7260 Shadeland Station Indianapolis, IN 46256 (317) 547-5580