Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 11 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Appendices › Appendix 33-11-F - Mississippi State Program Management Set-aside Annual Work plan Section 1452(g)(2) - Safe Drinking Water Act Amendments of 1996

Current through June 25, 2024
PUBLIC WATER SYSTEM MANAGEMENT PROGRAM
				  BACKGROUND
This work plan describes how the Drinking Water State
				  Revolving Fund (DWSRF) State Program Management set-aside funds will be
				  expended to support the Public Water Systems Supervision (PWSS) Program.
After review of the Draft FFY-2019 Intended Use Plan (IUP) by
				  the Local Governments & Rural Water Systems Improvements Board (Board), the
				  Board will authorize the publication of a legal notice in
The
				  Clarion-Ledger
for the IUP. The notice will request the public to
				  provide comments on the Draft FFY-2019 Intended Use Plan (IUP). The IUP
				  reserves 10% of the state's Drinking Water State Revolving Fund (DWSRF)
				  capitalization grant for the State Program Management activities to support the
				  MSDH PWSS Program as allowed under Section 1452(g)(2) of the SDWA Amendments of
				  1996.
After a public notice period of at least twenty-five (25)
				  days, an oral proceeding will be held to receive and consider comments from the
				  public on the Draft IUP. After the resolution of any comments from the public,
				  the Final FFY-2019 IUP will be presented to the Board for adoption at their
				  next scheduled Board meeting. After adoption by the Board, a second filing with
				  the Secretary of State's Office occurs. The Final FFY-2019 IUP will be
				  effective thirty (30) days from the date of the second filing with the
				  Secretary of State's Office.
FUNDING AMOUNT (Standard Capitalization
				  Grant)
The state reserves 10% ($1,198,500) of the FFY-2019 DWSRF
				  capitalization grant as a set-aside for State Program Management activities of
				  the PWSS Program. The reserved amount will offset the salary, fringe and
				  indirect cost expenses of a portion of the PWSS personnel positions in the PWSS
				  Program.
NUMBER OF FTE's PROJECTED FOR IMPLEMENTING THIS
				  SET-ASIDE
The state projects thirty-eight (38) FTEs will be required to
				  implement the FFY-2019/2019 PWSS Program.
GOALS, OBJECTIVES, OUTPUT, AND
				  DELIVERABLES
One of the set-asides authorized under the 1996 SDWA
				  amendments is the management of the state program, which can be funded by up to
				  10% of the federal allotment. These funds will support public water system
				  supervision program activities as required to maintain state primacy and also
				  to support the activities of the DWSIRLF. MSDH's PWSS Work Plan outlines in
				  detail the aspects of the PWSS that are supported by this set-aside. Items
				  covered by the set-aside include: (1) State Primacy Requirements, (2)
				  Non-Primacy Requirements, and (3) Auxiliary Services.
Primacy Requirements
As required to maintain state primacy, MSDH maintains the
				  PWSS programs on an ongoing or as-needed basis. These programs include:
				  revising current primacy programs by adopting new Federal regulations as
				  needed; coordinating for Mid-Year and End-of-Year review with EPA Regional
				  Office; maintaining a sanitary survey program with discrepancy follow-up;
				  participating in state data verification audits; ensuring public water systems
				  (PWSs) are utilizing approved laboratories and a certification program for
				  those laboratories is in place; participating in the EPA Regional oversight;
				  operating in accordance with requirements of the National Primary Drinking
				  Water Regulations; maintaining an active water system design and construction
				  plan and specification review program; ensuring labs used by PWSs within the
				  state are capable of the workload created by regulations; participating in PWS
				  and PWSS training on rule requirements; informing EPA Region 4 of any special
				  state initiatives under the rules or provisions of the SDWA; maintaining
				  records for all rule/policies, enforcing reporting and record keeping as
				  required; maintaining appropriate administrative penalty authority;
				  implementing the PWS definition; attending state/EPA planning and
				  implementation meetings; ensuring that newly permitted PWSs have
				  design/construction capable of compliance with the present and upcoming SDWA
				  regulations; ensuring analytical methods are being applied to demonstrate
				  compliance with the regulations; notifying (if necessary) EPA of intent not to
				  adopt or implement any portion of the rules; and responding to EPA requests for
				  information or verification of state rules implementation.
Additionally, MSDH will provide annual summaries of the
				  status of: each effective variance and exemption to EPA; community PWSs that
				  are allowed to monitor less frequently than monthly; and non-community PWSs
				  that are allowed to monitor less frequently than quarterly to EPA. MSDH will
				  also oversee and enforce requirements for rules and regulations adopted with
				  approved federal primacy. These regulations include the SDWA and all applicable
				  rules present and future, primacy packages, and extension agreements of the
				  SDWA.
Non-primacy Requirements
In addition to the requirements of the PWSS program, monies
				  from this set-aside provide support to activities that are of a non-primacy
				  nature. Those activities are not required to maintain state primacy. However,
				  to run a highly effective, efficient program and most importantly protect the
				  public health, these activities are vital.
Capacity Development (CD) Program
As required by the SDWA, each state is required to develop
				  and implement a Public Water System Capacity Development Program in order to
				  receive full funding annually under the DWSRF Program. Public water system
				  capacity assessment is a full evaluation of the PWS's technical, managerial,
				  and financial ability to provide safe drinking water to its customers by
				  complying with all state and Federal regulations. In accordance with the
				  Federal requirements, MSDH has developed and implemented a CD program for both
				  new and existing PWSs. The MSDH CD program takes the form of a rating that each
				  community water system (CWS) and non-transient non-community water system
				  (NTNCWS) receives at their annual sanitary survey. The criteria used in the
				  rating system incorporate laws, regulations, and other valuable information to
				  evaluate the areas of technical, managerial, and financial capacity. The
				  program is also designed to evolve from year-to-year through an annual meeting
				  of an advisory committee that will make suggestions as to possible changes
				  and/or additions to the rating criteria. As required by regulation, an annual
				  report is made to the Governor on the efficacy of the strategy and progress
				  towards improving the capacity of PWSs in the state. Additionally, annual
				  documentation of ongoing implementation of the CD strategy is to be provided
				  with DWSRF Capitalization Grant application.
Unregulated Contaminant Monitoring Rule
This particular aspect of the PWSS involves informing systems
				  with populations greater than 10,000 in the state monitoring plan of their
				  responsibilities to monitor for Unregulated Contaminant Monitoring Rule;
				  assisting the EPA in sampling systems in the state monitoring plan as
				  determined by the state and EPA in the UCMR Partnership Agreement; adding
				  vulnerable systems to the plan for monitoring UCMR List 3 contaminants based on
				  guidance; review UCMR data from public water systems to ensure that it meets
				  quality assurance and PWS reporting requirements necessary; informing EPA of
				  potential changes needed in the data and, with mutual agreement of the state
				  and EPA, make changes to the data; and responding as requested by the EPA for
				  information on verification of state UCMR implementation.
Operator Certification
As mandated by the SDWA to maintain full funding for the
				  DWSIRLF, operator certification is an essential part of the PWSS program.
				  Activities required to maintain the operator certification program include:
				  providing documentation and evaluation of ongoing program implementation for
				  all annual program submittals subsequent to the initial submittal; supply as
				  required certification of changes and documentation of those change that are
				  made to the regulations of statutes; perform internal and external program
				  reviews as required by state law.
Source Water Assessment Program
On an annual basis, MSDH reports to EPA on Source Water
				  Assessment Program implementation activities. Beginning December 1, 2009, all
				  groundwater systems began either
Source Water Monitoring
or
4-Log Compliance Monitoring
. Additionally, Mississippi is required
				  to conduct routine sanitary surveys of all public water systems and identify
				  significant deficiencies. The Rule also requires systems to take corrective
				  actions for significant deficiencies and for source water fecal
				  contamination.
Auxiliary Services
These services include various aspects related to data
				  management, compliance, and enforcement of the PWSS Program.
Information Management and the Safe Drinking Water
				  Inspection System (SDWIS)/Fed Reporting
These ongoing activities include: overseeing and enforcing
				  requirements of data management and the Safe Drinking Water Inspection System
				  (SDWIS) /Fed reporting; reporting the state's PWSS inventory at least annually
				  to SDWIS/Fed; reporting the state's violations and enforcement actions at least
				  quarterly; participating in EPA/state data managers conference calls;
				  identifying the data manager and alternate for the purpose of making secure
				  transmissions of data intended for SDWIS/Fed through EPA's Central Data
				  Exchange; establishing and following quality assurance procedures to ensure
				  that PWS data eventually entered in SDWIS/Fed is of the highest reliability and
				  maximum value to the public.
Inspection Strategy
This activity includes overseeing and enforcing requirements
				  of the regulatory requirements.
Management System for Non-compliant
				  Systems
These activities include: overseeing and enforcing
				  requirements of management systems for non-compliant systems; provide current
				  versions of its enforcement response guide; assurances that the EPA has
				  up-to-date information.
Rule Task Force
This requires participation in the Rule Writing Task Force
				  and Rule Workshops.
Enforcement and Management of Significant Non-compliers
				  (SNC's)
Activities of this auxiliary service include: overseeing and
				  complying with the requirements of management significant non-compliers
				  (SNC's); and reporting the state's response to instances of significant
				  noncompliance at public water systems.
The commitments as stated here and in the PWSS Work plan are
				  adopted as commitments of the State Program Management set-aside.
SCHEDULE FOR COMPLETING ACTIVITIES
The schedule for completing State Program activities under
				  this work plan will be the schedule established by dates entered in the "Date
				  Due" column of the MSDH PWSS Work plan.
AGENCY RESPONSIBILITIES
The MSDH is the agency responsible for implementing required
				  activities under the State Program Management set-aside.
EVALUATION PROCESS TO ASSESS THE SUCCESS OF SET-ASIDE
				  ACTIVITIES
The success of State Program Activities will be defined by
				  the ability of the MSDH to successfully meet commitments in the PWSS Work Plan.
				  Quarterly and annual reports/submittals required by the PWSS program include
				  documentation and evaluation of ongoing program implementation and success in
				  meeting stated commitments.