New Regulations. and how they affect your Utility. August 1, 2012

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1 New Regulations and how they affect your Utility August 1, 2012

2 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

3 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

4 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

5 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 1 st Notice stage

6 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

7 Sanitary Surveys (327 IAC ) 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

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9 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

10 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

11 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

12 Property Line Old Well Proposed Well 100

13 Well Security Fencing Well Houses Locks Steel Doors Cameras Daily Inspections

14 Well Security Examples

15 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

16 Well Construction Sample Spigots Required for Raw Water Sampling Smooth nose (outlet) to minimize bacteria Upstream valve to prevent freezing

17 Well Construction (Con t) Flood Protection Top of Well Casing Must be [327 IAC (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.

18 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

19 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 )

20 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

21 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

22 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

23 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

24 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

25 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

26 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

27 Questions? Contact Information: Paul Johnson, LPG American Structurepoint 7260 Shadeland Station Indianapolis, IN (317)