HomeMy WebLinkAbout12.9.21 Board Correspondence - FW_ Butte County LPA Annual Evaluation Executive Summary Final Signed Version
From:Paulsen, Shaina
To:BOS
Subject:Board Correspondence - FW: Butte County LPA Annual Evaluation Executive Summary Final Signed Version
Date:Thursday, December 9, 2021 11:56:38 AM
Attachments:Butte-FY20-21 LPA Annual Evaluation _final.pdf
Please see Board Correspondence.
Shaina Paulsen
Associate Clerk of The Board
Butte County Administration
25 County Center Drive, Suite 200, Oroville, CA 95965
T: 530.552.3304 | F: 530.538.7120
From: O'Sullivan, Brendan@Waterboards <Brendan.O'Sullivan@Waterboards.ca.gov>
Sent: Thursday, December 9, 2021 11:44 AM
To: Clerk of the Board <clerkoftheboard@buttecounty.net>
Subject: FW: Butte County LPA Annual Evaluation Executive Summary Final Signed Version
ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening
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attachments, clicking on links, or replying.
Previous attempts to send the Butte County LPA signed Annual Evaluation letter to
the Butte County Board of Supervisors email address have failed. We believe this to
be the correct email address at which to reach the Board.
Please see the signed FY20/21 LPA Evaluation Letter for Butte County LPA
(attached).
Kind regards,
Brendan O’Sullivan
Environmental Scientist
Division of Drinking Water – Program Liaison Unit
Brendan.O’Sullivan@waterboards.ca.gov
(916) 341-5453
From: O'Sullivan, Brendan@Waterboards
Sent: Wednesday, December 8, 2021 11:15 AM
To: 'Elaine McSpadden (emcspadden@buttecounty.net)' <emcspadden@buttecounty.net>
Cc: 'clerkofboards@buttecounty.net' <clerkofboards@buttecounty.net>; Aguiar, Amanda
(AAguiar@buttecounty.net) <aaguiar@buttecounty.net>; Jenifer Kovacs (JKovacs@buttecounty.net)
<jkovacs@buttecounty.net>; Jennifer Veilleaux (jveilleaux@buttecounty.net)
<jveilleaux@buttecounty.net>; Crenshaw, Reese@Waterboards
<Reese.Crenshaw@waterboards.ca.gov>; 'James.Reade@waterboards.ca.gov'
<James.Reade@waterboards.ca.gov>; Killou, Wendy@Waterboards
<Wendy.Killou@waterboards.ca.gov>
Subject: Butte County LPA Annual Evaluation Executive Summary Final Signed Version
Hello Ms. Elain McSpadden,
Attached is the final signed pdf document: Butte County LPA FY20/21 Annual
Evaluation Executive Summary with Attachments A & B.
Thank you for the assistance from the Butte LPA staff and kind regards,
Brendan O’Sullivan
Environmental Scientist
Division of Drinking Water – Program Liaison Unit
Brendan.O’Sullivan@waterboards.ca.gov
(916) 341-5453
State Water Resources Control Board
Division of Drinking Water
December 7, 2021
Elaine McSpadden,
Environmental Health Director
Butte County Public Health Department
202 Mira Loma Drive, Oroville, CA 95965
Subject: Fiscal Year 2020-2021 Local Primacy Agency Annual Evaluation
Dear Ms. McSpadden:
The State Water Resources Control Board-Division of Drinking Water (Division) finds the
Local Primacy Agency (LPA) - Butte County is in compliance with all requirements of
the current Local Primacy Delegation Agreement (LPDA). In addition, the LPA has met
the program activities approved in the fiscal year (FY) 2020-2021 workplan.
1
On October 13, 2021, the Division conducted an annual evaluation of the LPA program
for Butte County of FY 2020-2021. The Division representatives conducting the evaluation
were Wendy Killou – Senior Environmental Scientist, James Reade –Associate Sanitary
Engineer, and Brendan O’Sullivan –Environmental Scientist, and the LPA
representatives were Amanda Aguiar – Senior REHS, Jennifer Kovacs– REHS, and
Jennifer Veilleaux – LPA Program Manager. The purpose of the evaluation was to
determine the LPA program’s compliance status with respect to the activities set forth in
the LPA workplan for FY 2020-2021, LPA Delegation Agreement and California Code of
Regulations (CCR) Title 22, sections 64253 through 64260.
The findings of this evaluation are detailed in Attachments A and B. Upon completion of
the evaluation, Division representatives find the items listed below are required to be
addressed or considered by Butte County LPA program. Please submit a written
response demonstrating willingness to comply with the items below by December 21,
2021.
1
California Health & Safety (HSC), section 116330(d) requires the Board to evaluate the drinking water program of
each local primacy agency at least annually.
Ms. Elaine McSpadden-2-December 7, 2021
DIRECTIVES
1. Beginning February 1, 2022, the LPA must use SDWIS-State to report all data
elements currently being implemented by the Division on or before 30 days after
the last day of each calendar quarter. This includes, but is not limited to, entering
water system inventory, water system contact information, violations,
enforcement actions, Lead and Copper Rule sampling data, sanitary surveys,
and source class codes. (LPDA section 2.05 (b))
2. Beginning February 1, 2022, the LPA must issue appropriate enforcement
actions (i.e., notice of violations or citations) for all monitoring and reporting
violations. The LPA should refer to the guidance documents on the Division’s
FTP website. Example enforcement action templates may be found on the
Division’s template website or may be available upon request by the District
Engineer. (LPDA, section 2.07)
3. Beginning February 1, 2022, the LPA must use WQIr to review the SDWIS
clean-up reports and correct any issues identified in the report in a timely
manner.
4. Beginning March 1, 2022, the LPA must include the required petition (i.e.,
appeal) language in all cover letters for water supply permits issued by the LPA.
The language is not to be included in the body of the enforcement action or
permit, rather it is only to be added to the cover letter. The language can be
found on the FTP site. (LPDA, section 2.05 (h)).
RECOMMENDATIONS
1. The LPA should continue to strive to meet current permitting workplan goals. The
LPA should prioritize issuing water supply permits to water systems that are
operating without a full water system permit. The water systems with outstanding
unaddressed MCL issues should be prioritized for receiving a full water supply
permit. (HSC section 116525 and LPDA section 2.01)
2. The LPA should refer to the water supply permit guide on the FTP site to ensure
permits issued meet minimal requirements.
3. The LPA should continue to strive to meet current sanitary survey workplan goals.
4. The Division highly recommends the LPA use the Modified Drinking Water Watch
website as a reference to view read-only information in various databases.
5. The LPA should ensure an adequate level of staffing is maintained during the fiscal
year to support the program. (LPDA, section 3.02)
Ms. Elaine McSpadden-3-December 7, 2021
6. The Division highly recommends the LPA develop, and follow, a plan to use the
2013 grant funding by the end of June 30, 2024.
7. The Division recommends the LPA to check the Division’s Water Quality Inquiry
Database (WQIr) or modified Drinking Watch (mDWW) to ensure that a laboratory
has submitted all water systems required chemical and radiological water quality
data at a specified frequency. If a laboratory fails to submit the chemical and
radiological water quality results, it is the responsibility of the water system to
ensure that all required chemical and radiological water quality data are submitted
to WQIr in a timely matter as stated in CCR Title 22, section 64469 (c).
The Division would like to acknowledge the following accomplishments Butte County did
above the minimum requirements of the LPA Delegation Agreement and workplan during
the FY:
1. The LPA closely assisted their regulated water systems with completing the
Electronic Annual Report to the Division and achieved high reporting compliance.
2. The LPA was able to complete the majority of the activities and reporting
requirements listed in the FY 2020-2021 workplan during the extenuating
circumstances of the COVID-19 pandemic, which resulted in an increase of local
activities outside of the LPA program.
3. Butte County LPA staff work collaboratively with State and local partners, small
public water system operators, and owners to ensure compliance by promoting
and maintaining communication that protects and enhances public health.
Ms. Elaine McSpadden-4-December 7, 2021
The Division looks forward to our continued partnership in the oversight of small public
water systems in ButteCounty.
If you have any questions regarding this letter, please contact Wendy Killou – Program
Liaison Unit at 916-449-5158.
Sincerely,
Wendy Killou
Senior Environmental Scientist (Supervisor)
Program Liaison Unit
Cc: Butte County Board of Supervisors, via email at
clerkofboards@buttecounty.net
Reese Crenshaw, P.E., Valley District Engineer, via email at
Reese.Crenshaw@waterboards.ca.gov
Attachment A -Local Primacy Agency Annual Evaluation Form
Attachment B –Summary of Data Reporting to the SWRCB -Division of Drinking Water
County: BUTTE
Conducted By: Brendan O’Sullivan
Date: 10/13/2021
Compliance Level to Address Timeline Guidance
High 30-60 days
Medium 60-90 days
Low90-180 days
1
Permitting (LPDA 2.01)YN N/A Directive Recommendation Based on File
Review
A. Did the LPA meet the workplan
goal for permit activities?
B. TMF assessments for new and
change of ownership water
supply permits that were issued?
C.Does the LPA receive, review
and issue water supply permits
applicable per HSC and CCR
Title 22 sections?
i. Preliminary technical report
for proposed new PWS
submitted
ii. Applications submitted by
PWS
iii. DE has reviewed and
concurred with the issuance
of each permit for a proposed
new PWS (is a letter/email
provided?)
iv. CEQA completed for new
sources, storage, and
treatment
v. Tech report or detailed
sanitary survey included
vi.Design & specs included
vii.Well completion report for
new sources
viii. 50’ well site control zone
source identified (New
Sources)
D.Does the LPA reference the
permit guide?
E. Does the LPA track water supply
permits that are accessible to all
applicable staff?
F. Did the LPA receive any petitions
for reconsideration (i.e. appeals)
from public water system?
1
Refer to Attachment B-Table 1
8/4/2020-wkk
Page 1 of 6
G. If yes, did the LPA report the
petition to the DDW within 5
days?
H. Does the LPA include the appeal
language in all cover letters for
water supply permits issued?
Annual Workplan (LPDA 2.02)YN N/A Directive Recommendation Based on File
Review
A. Did the LPA submit a completed
workplan for approval by the
established or extended
deadline?07/31/2020
2
Sanitary Surveys (LPDA 2.03)YN N/A Directive Recommendation Based on File
Review
A. Did the LPA meet the workplan
goal of sanitary surveys to be
completed?
B. Does the LPA conduct a file
review prior to each sanitary
survey?
C.Does each sanitary survey
include the required eight (8)
elements and for CWS only the
resiliency and preparedness
element?
D.Does the LPA provide written
notice to the water system
identifying the deficiencies found
during the sanitary survey and
outline a corrective action plan
within 60 days of the sanitary
survey?
E. Does the LPA provide the water
systems with a complete sanitary
survey report within 90 days of
the sanitary survey?
F. If significant deficiencies were not
corrected in a timely manner, did
the LPA issue an enforcement
action to the water system?
Sampling and Monitoring (LPDA YN N/A Directive Recommendation Based on File
2.04)Review
A. Does the LPA provide the water
quality monitoring and reporting
requirements to their water
systems in writing?
B. Does the LPA confirm that the
water quality results were
successfully submitted to the
State’s water quality (WQM)
database and is water quality
2
Refer to Attachment B-Table 2
8/4/2020-wkk
Page 2 of 6
data reviewed at a minimum of
monthly (except for TCR/rTCR)?
C.Does the LPA receive, review,
and track monthly SWTR
reports?
D.For groundwater treated systems,
including mandatory disinfection,
does the LPA receive, review and
track compliance of monthly
operation reports?
E. Does each public water system
have a current (<10 yrs.) and
complete Bacteriological Sample
Siting Plan (BSSP) on file?
F. Does the BSSP comply with the
Ground Water Rule?
G. Is the LPA reviewing and
monitoring CCR submissions by
CWS and NTNC water systems?
H.Is the LPA monitoring submission
of the CCR verification forms?
I. Has the LPA issued any water
quality monitoring waivers,
exemptions, or variances that
differ from what is allowed in the
CCR-Title 22 during applicable
the fiscal year? (i.e. Sec.
64445(d)
J. Does the applicable LPA staff
have a mDWW account and refer
to it?
K. In the event of failed monitoring,
or not reporting water quality
sampling, did the LPA issue
appropriate enforcement (i.e.
NOVs and citations) to water
system(s) (i.e. nitrate, arsenic,
DBP, radiological, etc.)?
Data Management and Reporting YN N/A Directive Recommendation Based on File
3
(LPDA 2.05)Review
A. Is the LPA using SDWIS to
maintain and report all required
data elements(i-viii)?
i. Water System Inventory
ii. Water System Contact
Information
iii. Violations
iv. Enforcement Actions
v. Lead and Copper Rule
3
Refer to Attachment B-Tables 2-6
8/4/2020-wkk
Page 3 of 6
vi. Sanitary Surveys
vii.Permits Issued(no current
intake system)
viii. Source Class Codes
ix. Facility Lat/Long Coordinates
B. Did the LPA address errors
identified in the SDWIS clean-up
reports posted on WQI and
mDWW?
C.Is the LPA reporting data into
SDWIS on or before 30 days after
the last day of quarter?
D.Does the LPA submit a PDF
formatted copy of each citation or
compliance order to the Board’s
IT Department for posting on the
Board’s website?
E. Does the LPA comply with the
Board's guidance regarding
issuance of unsafe water
notifications (4/2020)?
Additional Reporting YN N/A Directive Recommendation Based on File
4
Requirements (LPDA 2.06)Review
A. Did the LPA meet the task
deadlines for the Electronic
Annual Report (EAR)?
i. Written notice to water
system
ii. Review and accept EARs
iii. Issue reminders to delinquent
water systems
iv. Issue enforcement against
delinquent water systems
B.Is the LPA reporting rTCR Level
1/2 Assessment activities?
5
Enforcement (LPDA 2.07)YN N/A Directive Recommendation Based on File
Review
A. Does the LPA issue enforcement
actions that meet the formal
action criteria?
B. Is the LPA using the template
website for issuing enforcement
actions?
C.Is the LPA following up with
directives listed in the
enforcement actions?
4
Refer to Attachment B-Tables 7-8
5
Refer to Attachment B-Tables 5
8/4/2020-wkk
Page 4 of 6
D.Does the LPA track the receipt of
public notifications issued by the
water systems?
E. Did the LPA issue administrative
or civil penalties to a water
system when necessary to
achieve compliance?
F. Are enforcement actions issued
in a timely manner?
G. Does the LPA include the appeal
language in all cover letters for
enforcement actions issued?
H. Did the LPA receive any
pleadings initiating a civil or
criminal action that the County
has filed or referred for filing
against a public water system?
I. If yes, did the LPA report to the
DDW within 30 days of thedate
of the filing of the pleading or the
date of receipt by the County of
the pleading.
J. Did the LPA receive any petitions
for reconsideration (i.e. appeals)
from public water system?
K. If yes, did the LPA report the
petition to the DDW within 5
days?
Program Management (LPDA 3.01-YN N/A Directive Recommendation Based on File
6
3.09)Review
A. Based on the level of adequate
staff stated in the workplan, was
the LPA able to maintain an
adequate staffing level during the
fiscal year?
B. Does the LPA have a time
accounting system in place as
required in CCR section 64259
(b)?
C.Does the LPA have a file
management system that meets
CCR section 64259(b)?
D.Does the LPA refer to the
Division’s FTP site for information
and guidance documents relating
to SDWIS and Program
requirements?
Other Items YN N/A Directive Recommendation Based on File
Review
A. Has the LPA addressed all past
fiscal year evaluations directives?
6
Refer to Attachment B-Tables 9-10
8/4/2020-wkk
Page 5 of 6
B. Does the LPA attend the DDW
trainings and/or read the monthly
news?
C. Does the LPA have any 2013
grant funding available?
If yes, amount: $ 153,277.22
(updated)
8/4/2020-wkk
Page 6 of 6
112
Workplan
Goal Number
Division of Drinking
-
110
Pending
Number of
in Workplan
Permits Listed
003 3
Listed in
Workplan
Number of
Not
Permits Issued
Water
000 0
0
Listed in
Workplan
Number of
Data Reporting to the SWRCB
Permits Issued
ISSUED
WITHOUT
Summary of
Permit Issuance
–
wkk
PERMITS
-
B
(Unpermitted, SB1263,
8/16/2021
NUMBER
Summary of
Type of Permit Issued
Year Review
-
necessary
New Permit or Change of Ownership)Amended Permit (Treatment or Other)Full or Amended Permit*10TOTAL
NUMBER OF PUBLIC WATER SYSTEMS CURRENTLY A WATER SUPPLY PERMIT
Attachment
Table 1: *if Last Updated:
Division of Drinking
-
6
1824
Number
Workplan Goal
Not
00 0
Surveys
Sanitary
Listed in
Workplan
Number of
Conducted
Water
9
Surveys
Sanitary
Listed in
Workplan
Number of
Conducted
Data Reporting to the SWRCB
3 (0 in SSRS)6 (1 in SSRS)
Conducted
s
Summary of
Sanitary Survey
–
wkk
-
B
frequency is every 3 years
ISSUED
8/16/2021
NUMBER SANITARY
Summary of
Type of Water System
community Water System
-
anitary survey required anitary survey required frequency is every 5 years
SS
Community Water SystemNonTOTAL SURVEYS
--
Attachment
Table 2: 12 Last Updated:
-
000
Systems
26 26
Community
Transient Non
Water
Division of Drinking
-
000
24 24
Transient
-
Community
-
Non
Water Systems
Non
000
30 30
Community
Water
Water Systems
11
Data Reporting to the SWRCB
Systems
Number of Water
Summary of
–
wkk
-
B
Purchased
-
Purchased
-
Use Only, Not Evaluated
Water System Source Type
al
8/16/2021
: Summary of Water System Inventory
Water System Type
3
State Small *
Groundwater (Untreated/Treated)GroundwaterSurface Water (includes Groundwater Under Direct Influence of Surface Water)Surface WaterTOTAL
* For Information
Attachment
Table Last Updated:
Division of Drinking
-
Water
0
1300000
17 21
Data Reporting to the SWRCB
Number of Violations
Summary of (TT)
–
Type
wkk
-
B
(MON)
(RPT)
Category
8/16/2021
: Summary of Violations
4
Violation Monitoring ReportingMaximum Contaminate Level (MCL)Treatment TechniquePublic Notification (PN)Variance/Exemption (V/E)Sanitary Survey (SS)Other TOTAL NUMBER OF VIOLATIONSTOTAL
NUMBER OF VIOLATIONS THAT NEED AN ENFORCMENT ACTION ISSUED?
Attachment
Table Last Updated:
2600
11 19
Issued
Enforcement Actions
Division of Drinking
-
Number of
Water
or Enforcement
Data Reporting to the SWRCB
Enforcement Action Type
Summary of
–
wkk
-
B
Compliance Actions
8/16/2021
: Summary of Enforcement Actions Issued
)
5
Formal Enforcement Actions (Compliance Order and Citations)Informal Enforcement Actions (Notice of ViolationLetterOther Enforcement ActionsReturn to Formal/Informal Enforcement Actions
(For State Violations Only)TOTAL NUMBER OF ENFORCEMENT ACTIONS ISSUED
Attachment
Table Last Updated:
Division of Drinking
-
Summary
2
Level 2
Assessment
Water System
Water
8
Level 1
Data Reporting to the SWRCB
Assessment
001
13
Number of
Water Systems
Total
Summary of
–
wkk
-
B
ASSESSMENTS
20
202121
0
9/30)
12/31)3/31)6/30)
-
---
8/16/2021
3Q20
4Q201Q202Q2
rTCR
(7/1
(1/1(4/1
: Lead and Copper (LCR) 90% Percentile Sampling :
(10/1
67
Sampling Period
TOTAL NUMBER OF RTCR ASSESSMENTS CONDUCTED
Attachment
Table Table Last Updated:
(%)
%%%
87877382%
Completed
Division of Drinking
-%%
%
3
4
101
Submitted (%)
%%
30%4
In Process (%)
(%)
Water
%%
0%00
cost hours only*)
Needs
Revision
LPA Program
sanitary surveys, inspections, permitting, compliance, enforcement activities, and reporting activities). Does not
ime allocated to program (direct
T
1456 (.7 FTE)416 (.20 FTE)104 (.05 FTE)104 (.05 FTE)2080
Data Reporting to the SWRCB
%
%
0%0
(%)
19
Not Started
-
TOTAL HOURS
Summary of
Electronic Annual Report Submission & Acceptance
–
Non
wkk
-
B
community
-
Position Title
Water System
Non
8/16/2021
community
-
: Summary of : Fiscal Year Staff Time Allocation to
Water System
89
Water System Type
Non
transient
Community Water SystemTransient
Amanda Aguiar, REHS, Sr.Jenifer Kovacs, REHSElaine McSpadden, DirectorAdmin
Attachment
Table Table *Direct cost hours=time spent on core activities listed in the LPDA (i.e.include vacation, sick leave, holiday hours.Last Updated:
Division of Drinking
$832.00
$593.00$712.00
-
-
--
$593.00$475.00$118.00
Current Fee
24 connections 99 connections 200 connections
--
-
1525
100
Water
Data Reporting to the SWRCB
Annual Operating Permit Fees
Summary of
Community Water Systems
Fee Description
–
-
wkk
-
B
Community Water Systems
-
Water System
8/16/2021
LPA
:
10
Transient Non
-
Community Water SystemsNonTransient NonEnforcement (Hourly Rate)
Attachment
Table Last Updated: