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EPA’s new SDWA enforcement policy proposes “new small water systems” approach

January 22, 2010

Contact: Sharon Wills
RCAC PR Communications Coordinator
916/447-9832 ext. 1005
swills@rcac.org

The U.S. Environmental Protection Agency (EPA) announced a new Safe Drinking Water Act (SDWA) enforcement policy that went into effect Jan. 1, 2010, which includes a small systems approach. The policy targets water systems with the most serious or repeated violations in all contaminant categories instead of acting on a contaminant-by-contaminant compliance basis.

The small systems approach aims to help small communities comply with the SDWA. SDWA resources will focus on the specific challenges small systems face, from regulatory compliance to sustainability. Peter Silva and Cynthia Giles, from EPA’s Office of Enforcement and Compliance Assurance (OECA), testified at a U.S. Senate hearing that 96 percent of all health-based violations occur at systems serving fewer than 10,000 people. They noted that the majority of public water systems are very small and that half of community waters systems and nearly all non-community water systems serve fewer than 500 people.

“Thousands of these small systems need help — in particular those serving communities defined by the states as disadvantaged, including people living or working in federal Indian Country and some rural communities,” Silva and Giles said.

EPA plans to target federal dollars for the small systems that need it most. They will promote state use of no interest loans and the disadvantaged communities program in the Drinking Water State Revolving Fund, which allows for principal forgiveness for water systems that cannot afford a loan. Each state has a capacity development program to help water systems acquire and maintain technical, managerial and financial capacity and EPA will work to strengthen those programs. Also, in some situations, the small water system may have to choose one of several restructuring options, ranging from informal cooperation with other systems to full ownership transfers.

In a memorandum dated Dec. 8, 2009, the OECA noted that the new strategy aims to:

• Align SDWA violations within a prioritization that is more protective of public health
• View public water system compliance status comprehensively
• Ensure that both EPA and the states act on and resolve drinking water violations
• Recognize the validity of informal enforcement response efforts while ensuring that, if these efforts have proven ineffective, enforceable and timely action is taken
• Ensure that EPA and states escalate enforcement efforts based on the prioritization approach
• Increase the effectiveness of state and federal enforcement targeting efforts by providing a "tool" that calculates comprehensive noncompliance status for all systems and identifies those systems not meeting national expectations as set by EPA

The OECA developed the new strategy in cooperation with the Association of State Drinking Water Administrators, EPA regions and the EPA Office of Water.

 

SOURCE:

Testimony of Peter S. Silva, Assistant Administrator for Water and Cynthia J. Giles, Assistant Administrator for Enforcement and Compliance Assurance
http://www.epa.gov/ocir/hearings/testimony/111_2009_2010/2009_1208_pss.pdf

USEPA memorandum dated Dec. 8, 2009
http://www.epa.gov/compliance/resources/policies/civil/sdwa/drinking_water_erp_2009.pdf

 

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