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DEQ's Newsletters for Public Drinking Water Systems

 

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Water Quality Managers

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Water Quality Division

Don Lee

(208) 373-0289


Drinking Water:
Fees and Public Water Systems

Background
What is the Fee Schedule?
What Are the Fees Used For?
What Do Public Water Systems Receive for Fees Paid?
Why Are Systems that Don't Use State Services Required to Pay?
Why Are Per-Hookup Fees Higher for Smaller than Larger Systems?
Are Private Water Systems Required to Pay the Assessment?
What Are the Consequences of Nonpayment?
Isn't the Fee Assessment Really a Tax?
What if We Cannot Afford this Assessment?
 
 Background

The federal Safe Drinking Water Act (SDWA) authorizes the U.S. Environmental Protection Agency (EPA) to regulate public drinking water systems. However, Congress intended that the states be responsible for carrying out the provisions of the act and encouraged them to take "primacy" of their state drinking water programs. Primacy refers to the authority of a state to carry out and enforce the provisions of the SDWA. EPA awarded Idaho primacy in 1978.

The goal of Idaho's drinking water program is to protect public health by making sure that the state's public drinking water systems are safe from contamination. To attain this goal, DEQ provides technical assistance and support to systems and collects fees to support these drinking water protection activities.

Historically, Idaho's drinking water program was funded through the state's Water Pollution Control Account. Idaho Code Section 39-119 authorizes DEQ to "charge and collect" fees for services. In 1991, when the Legislature felt it could no longer fund the program through the Water Pollution Control Account, it was suggested that DEQ develop a draft fee assessment program for review and approval. DEQ responded to this request and, following a series of public hearings, Idaho's Rules for Public Drinking Water Systems (pdf on Department of Administration Web site) were revised in 1993 to require all regulated public water systems to pay an annual fee assessment. Currently, the program is funded almost equally from annual fee assessments and an annual grant from the EPA.

 
 What is the Fee Schedule?

Fees are based on the number of connections* as follows:


 Number of Connections
 Fee
1 - 20
$100
21 - 184
$5 per connection,
not to exceed a total of $735 per system
185 - 3,663
$4 per connection,
not to exceed a total of $10,988 per system
3,664 or more
$3 per connection

* The annual fee for transient noncommunity public water systems is $25.

 
 What Are the Fees Used For?
Drinking water fees are used to ensure safe drinking water for Idahoans through support of the state's drinking water program, which provides technical support and assistance to water systems. The drinking water program uses the funds for program operating expenses, capital outlay (which includes the purchase of monitoring equipment loaned to water systems), and staff.
 
 What Do Public Water Systems Receive for Fees Paid?

Compliance with the federal SDWA is mandatory, and DEQ's drinking water program provides technical assistance to help systems comply in the simplest and least expensive ways possible. For example, DEQ:

  • works with systems to ensure compliance with minimum federal requirements
  • conducts sanitary surveys and on-site visits to prevent public health problems
  • reviews water system plans and specifications
  • conducts training sessions for system operators
  • holds public information meetings
  • loans specialized monitoring equipment
  • issues monitoring waivers when appropriate (monitoring waivers have saved public drinking water systems in Idaho more than $6.5 million since 1994)
  • publishes informational brochures and the quarterly Idaho Drinking Water Newsletter
  • distributes a Technical Assistance Notebook to every public drinking water system
  • provides workshops to assist community water systems in preparing the annual Consumer Confidence Report (CCR)
  • offers assistance in preparing federally required public notifications when violations occur
  • provides emergency response to systems requesting assistance.

In addition, qualified small systems are eligible to receive low-interest loans to upgrade their systems and thereby protect their customers.

 
 Are Systems that Don't Use State Services Required to Pay?

The Legislature considers it important that all public drinking water systems pay an annual fee assessment to support the drinking water program in order to provide for services to all systems as needed. Although you may not be currently using the services, immediate services are always there and available whenever you may need them, e.g., for technical advice and consultation, emergencies such as floods and chemical spills, and money-saving monitoring waivers.

The state wants, and is obligated, to protect public health by ensuring safe drinking water for all public drinking water systems. Moreover, the federal SDWA requires that each state maintain a drinking water program. To operate such a program requires funding. DEQ makes every effort to streamline costs whenever possible.

 
 Why Are Per-Hookup Fees Higher for Smaller than Larger Systems?
In Idaho, smaller systems (with populations of 3,300 and less) usually need the most technical assistance. Therefore, the per-hookup fee for smaller systems is higher. Larger systems with technical staff such as engineers do not need the assistance of the drinking water program as often and, consequently, pay a lower per-hookup cost.
 
 Are Private Water Systems Required to Pay the Assessment?
If your system meets the definition of a public water system, you are eligible to receive state services. If you serve 25 or more persons on a regular basis OR you have 15 or more service connections, then you are defined as a public water system and are subject to state regulation.
 
 What Are the Consequences of Nonpayment?
According to the Idaho Rules for Public Drinking Water Systems (pdf on Department of Administration Web site) DEQ may withdraw technical services, the issuance of monitoring waivers, review and processing of engineering reports, review of plans and specifications for design and construction, and may ultimately disapprove a public drinking water system that does not pay the annual fee assessment. Refusal to pay could result in fines and civil action.
 

 Isn't the "Fee Assessment" Really a Tax?

In 1993, in response to this question, the Idaho Attorney General's Office stated the assessment of reasonable rates, fees, tolls, or charges pursuant to the Idaho Revenue Bond Act have been upheld by the Idaho Supreme Court as appropriate and is not a prohibited tax.
 
 What if We Cannot Afford this Assessment?
Present your case in writing to the Idaho Drinking Water Program, Department of Environmental Quality, 1410 North Hilton, Boise, ID 83706.



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