Transcript Who We Are - Nc State University

Safe Drinking Water Act
(“SDWA”)
SDWA
Jim Kuszaj
1
Compare CWA & SDWA
Two Major Water Statutes
CWA
SDWA
Wastewater
Treatment Plants
Water Systems
Ground
Water
Ground Water
used as
Drinking Water
Surface
Water
Used as
Drinking
Water
Surface Water
Used for
Industrial Uses,
Recreation,
Wildlife Habitat,
and Fishing
Wastewater
Discharges
SDWA
Jim Kuszaj
2
Where Does My Drinking
Water Come From?
 53%
from groundwater
– individual wells
– community wells
 47%
from surface water
– river
– lakes
– reservoirs
SDWA
Jim Kuszaj
3
Hydrologic Cycle
Evapotranspiration
Pumping
Well
Precipitation
Recharge
Septic
Road with
System
Catchbasin
Stream
Ground Water / Surface Water
Interaction
Aquifer
More about ground water
Sources of Drinking Water

Surface water

Ground water

Ground water under
the direct influence of
surface water

Desalinated sea water

Rain water
SDWA
Jim Kuszaj
6
The Drinking Water Cycle
Source
(aquifer, lake,
etc.)
Homes or Businesses
Water
System
Distribution
System
Sewer
Lines
Wastewater Plant
SDWA
Septic
System
Infiltration
Discharge
Jim Kuszaj
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Pathways of Contamination
Topics
 General Approach
of SDWA
 Standards
 Public
Disclosure
SDWA
Jim Kuszaj
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Protecting Drinking Water
 Historically
responsibility of individual
states
 1974
Congress passed Safe Drinking
Water Act
 SDWA amended
again in 1986 and 1996
SDWA
Jim Kuszaj
10
History of Drinking Water
Regulation
First-known
EPA
established
treatment
Regulation
as local
health issue
Early State
regulations
Early1800’s
300 BC
Early
Federal
involvement
Mid-1900s
1970
Early
1900s
Early recognition of
water-disease link
19741996
Evolving
Federal
involvement
SDWA and
amendments
enacted
SDWA
Jim Kuszaj
11
Basic Approach of SDWA
 Minimum
national standards
 Established by EPA
 To protect citizens from
 Harmful contaminants
 In drinking water
 Enforced and implemented by
states
SDWA
Jim Kuszaj
12
Two Types of DW Standards
 Primary
– Health based
– legally enforceable
– form= Maximum Contaminant Levels (“MCL”)
 Secondary
– Cosmetic or aesthetic based
– non-enforceable guideline
SDWA
Jim Kuszaj
13
Who Must Comply With
Standards?
 Public
Water Systems
– 15 or more service connections; or
– serve 25 or more people for at least 60 days
 Individual
Wells
– NOT regulated
SDWA
Jim Kuszaj
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Transmission
Four Step Process to Set
Primary Standards
 Identify
list of water contaminants
 Establish priorities from list
– regulate 5/ monitor 30 every 5years
 Set
Maximum Contaminant Level Goal
– “MCLG”
 Finalize
Maximum Contaminant Level
– “MCL”
SDWA
Jim Kuszaj
16
MCLG and MCL
 Maximum
(“MCLG)
Contaminant Level Goal
– health based number with margin of safety
– ignores limits of detection & technology
– carcinogen = 0
– non-enforceable
SDWA
Jim Kuszaj
17
MCLG and MCL
 Maximum
Contaminant Level
– MCL
– Enforceable
– Set as close to MCLG as feasible
» technologically
» economically
SDWA
Jim Kuszaj
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MCL In Place
 EPA has
issued over 80 MCL’s
 170,000
public water systems in the
United must test for these 80
contaminants
 How
many Systems are violating the
MCL’s?
– About 8% nationally
SDWA
Jim Kuszaj
19
Is Bottled Water Safer Than
Tap Water?

EPA regulates tap water under SDWA

Food and Drug Administration regulates
bottled water as a food product

Should meet same health standards

NSF International, an independent non-profit
organization , certifies some brands of bottled
drinking water
SDWA
Jim Kuszaj
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Public Disclosure
 Notification
of Violations
– PWS must notify customers of any MCL
violation
– Within 24 hrs if serious short term human
health effects
 Consumer
Confidence Reports
SDWA
Jim Kuszaj
21
Consumer Confidence Reports
 Added
by 1996 amendments to SDWA
 Required
annually starting in 1999
 By
mail, newspaper & Web
[depending on size]
SDWA
Jim Kuszaj
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Content of CCR
 Source
of Drinking Water
 Susceptibility to contamination
 Level of contamination
 Likely source of contamination
 Potential health effects
SDWA
Jim Kuszaj
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Legal Options To Improve
Drinking Water
 SDWA provides
Funding to improve
systems
 Citizen
suit under SDWA is available
 SDWA contains
“imminent hazard”
authority for EPA
SDWA
Jim Kuszaj
24
North Carolina Groundwater
Statutes & Regulations
 Public
Water Systems [SDWA]
 Capacity
 Water
Use & Interbasin Transfers
Resources Statute
– GW Standards
SDWA
Jim Kuszaj
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Water Resources Statute
Basic Approach
 Groundwater Classification
 Groundwater Quality
 Enforcement
Standards
of the Standards
SDWA
Jim Kuszaj
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Groundwater Classifications
 Best
Use = Drinking Water
 GA [freshwater]
 GSA [saltwater]
 GC
[contaminated]
SDWA
Jim Kuszaj
27
Groundwater Standards
 Maximum Allowable
Concentration
– 80 Plus listed chemicals
– “2L” standards
 Non-
Listed Chemicals
– Not permitted above detection
SDWA
Jim Kuszaj
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Groundwater Enforcement
Two Steps

Notification
 Corrective Action
SDWA
Jim Kuszaj
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Other NC Groundwater
Statutes
 Oil
Pollution & Hazardous Substance
Control Act [OPHSCA]
 Underground
 NC
Storage Tanks (UST)
Well Construction Act
SDWA
Jim Kuszaj
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