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Home > Documents > State/Interstate Resources on COVID-19

State/Interstate Resources on COVID-19

Posted: March 23, 2020

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Below is a list of emerging approaches, followed by state/interstate-specific resource pages and supplemental information.

Note: States and interstates are continually adapting their COVID-19 response. In some cases, a state is managing COVID-19 resources, advisories, and adjustments to programmatic Standard Operating Procedures centrally, rather than through applicable departments or programs (i.e. state/interstate clean water programs). Therefore some programs and/or entities below may not have entries. As this will likely change, please check back regularly for updates.

Emerging Approaches

Enforcement

  • Priorities During Virus-related Disruptions: In the spirit of partnership, many states are requesting their facility premittees to maintain close and frequent communication; and that permitted entities focus on monitoring and documentation before, during, and after a virus-related operations disruption.
  • Force Majeure: Some states and legal experts are reminding any regulated facility and administrators to check whether force majeure is written into applicable state/NPDES/consent decree provisions.
    • If provided, a force majeure clause is often only applicable if a facility contacts the permitting authority within a short period if a violation or potential violation is noticed by facility operators.
    • States/interstates are (and should be) reviewing transparency and documentation requirements regarding forxe majeure claims, SNC, and emergency bypass events.
  • Enforcement Discretion: A number of states are now issuing enforcement discretion protocols in situations where noncompliance cannot be avoided due to personnel-related disruptions. Examples:
    • Texas Commission on Environmental Quality is requesting facilities notify them with the following information:
      • Concise statement supporting request for enforcement discretion
      • Anticipated duration of need for enforcement discretion
      • Citation of rule / permit provision for which enforcement discretion is requested
    • California Water Resources Control Board issued similar guidance when terms conflict with emerging directives or COVID-19 guidance:
      • The specific Water Board order, regulation, permit, or other requirement that cannot be timely met,
      • The inconsistent COVID-19 directive or guideline,
      • An explanation of why the responsible entity cannot timely meet the Water Board order or requirement, and
      • Any action that the entity will take in lieu of complying with the specific Water Board order or requirement.
  • Non-compliance Data: States are urging permitted entities to document as much as possible during suspected non-compliance events, especially facility efforts to minimize non-compliance. At a later date, this information will be critical during a state evaluation of whether (and the degree to which) enforcement actions are warranted. A total lack of data during a non-compliance event leaves states with no indication of the extent and duration that public health was potentially compromised.

Inspections

  • Several states are using or evaluating digital (Facetime, Skype, etc.) inspections in lieu of multi-staff overnight travel to conduct inspections. A barrier to this approach is cellular data quality and capacity in remote areas.

Operator Certification

  • Most states/interstate require operator certification exams and/or continuing education for facility operators. Many states are postponing or adapting seasonal exams. Example guidance from California here.

Preventative Maintenance of Infrastructure

  • Many communities and states are collaborating on public communications related to flushable vs. non-flushable items in response to a surge in disposal of materials that disrupt sewer systems.
    • Washington has passed a law requiring conspicuous “Do Not Flush” labeling on the packaging of  disposable hygiene and cosmetic products, giving municipalities and counties enforcement authority in addition to the state.
    • New Mexico has used several forms of public outreach on the topic. Below are three examples:
      • A Press Release
      • A tweet
      • A local news story featuring state staff

Public Notice

  • Some CSO communities are posting swimming advisories in an abundance of caution, particularly as an increase of unflushable materials have contributed to sewer system backups. While novel coronavirus has been detected in untreated sewage, it is (a) not known that its presence in untreated sewage poses any public health risk, and (b) assumed that secondary wastewater and biosolids treatment deactivate the virus.

State/Interstate-specific Information

Alabama

  • Department of Public Health: COVID-19 Resources

Alaska Department of Environmental Conservation

  • Department of Health and Social Services: COVID-19 Update

Arizona Department of Environmental Quality

  • Continuing ADEQ Operations While Slowing the Spread

Arkansas Department of Environmental Quality

  • Department of Health: COVID-19 Resources

Association of Clean Water Administrators

  • COVID-19 Resources

California State Water Resources Control Board

  • Factsheet regarding Treated Water and Coronavirus
  • California Environmental Protection Agency: The Public Advised to NOT Flush Disinfecting Wipes, Paper Towels down Toilet – Throw Them Away instead
  • Reminder About California’s Drinking Water Systems: State-Required Treatment Process Removes Viruses, Including COVID-19
  • Compliance with Water Board Requirements During the Coronavirus 2019 (COVID-19) Emergency

Colorado Department of Public Health & Environment

  • COVID-19 Resources for Water/Wastewater Utilities and Labs (3/24/2020)
  • What’s New
  • Frequently Asked Questions

Connecticut Department of Energy and Environmental Protection

  • State of Connecticut: Coronavirus Disease 2019

Delaware Department of Natural Resources & Environmental Control

  • UPDATE on DNREC operations in response to COVID-19

Delaware River Basin Commission

  • DRBC Operations & COVID-19 Resources Update 4/1/2020

District of Columbia Department of Energy and Environment

  • District of Columbia: Coronavirus

Florida Department of Environmental Protection

  • Department of Health: What you need to know now about COVID-19 in Florida

Georgia Department of Natural Resources

  • Department of Health: Coronavirus (COVID-19)

Hawaii Department of Health

  • Coronavirus Disease 2019 (COVID-19)

Idaho Department of Environmental Quality

  • COVID-19 Wastes

Illinois Environmental Protection Agency

  • Division of Public Water Supplies memo
  • Division of Water Pollution Control memo

Indiana Department of Environmental Management

  • A Message from the Commissioner

Interstate Commission on the Potomac River Basin

Interstate Environmental Commission

Iowa Department of Natural Resources

  • Drinking Water and Wastewater Operator Staffing Resources for Communities
  • Drinking Water and Wastewater Operator Staffing Resources/Coronavirus and Public Drinking Water

Iowa Department of Natural Resources

  • Department of Public Health: Novel Coronavirus

Kansas Department of Health and Environment

  • Water and Waste: COVID-19
  • COVID-19 Resource Center

Kentucky Department for Environmental Protection, Division of Water

  • State of Kentucky: COVID-19

Louisiana Department of Environmental Quality

  • COVID-19 Resources

Maine Department of Environmental Protection

  • DEP and the Novel Coronavirus 2019 (COVID-19)

Maryland Department of the Environment

  • Department of Health: Coronavirus

Massachusetts Department of Environmental Protection

  • Department of Public Health: Information on the Outbreak of Coronavirus Disease 2019 (COVID-2019)

Michigan Department of Environmental Quality

  • State of Michigan: Coronavirus

Minnesota Pollution Control Agency

  • Department of Health: Coronavirus Information

Mississippi Department of Environmental Quality

  • State of Mississippi: Coronavirus

Missouri Department of Natural Resources

  • Department of Health and Senior Services: COVID-19 Outbreak

Montana Department of Environmental Quality

  • Department of Public Health and Human Services: Coronavirus Disease 2019 (COVID-19)

Nebraska Department of Environment and Energy

  • Department of Health and Human Services: Coronavirus Disease 2019 (COVID-19)

Nevada Division of Environmental Protection

  • Nevada Health Response: COVID-19

New England Interstate Water Pollution Control Commission

  • Coronavirus and NEIWPCC

New Hampshire Department of Environmental Services

  • State of New Hampshire: Novel Coronavirus 2019 (COVID-19)

New Jersey Department of Environmental Protection

  • Department of Health: COVID-19

New Mexico Environment Department

  • Department of Health: 2019 Novel Coronavirus Disease (COVID-19)

New York State Department of Environmental Conservation

  • Department of Health: Novel Coronavirus (COVID-19)

North Carolina Department of Environmental Quality

  • Department of Health and Human Services: Coronavirus Disease 2019 (COVID-19) Response in North Carolina

North Dakota Department of Health

  • Coronavirus

Ohio Environmental Protection Agency

  • State of Ohio: Coronavirus Information

Ohio River Valley Water Sanitation Commission
Oklahoma Department of Environmental Quality

  • Information for Wastewater Operators
  • COVID-19 News and Information

Oregon Department of Environmental Quality

  • DEQ Response to COVID-19

Pennsylvania Department of Environmental Protection

  • Update for Permittees (3/24/2020)
  • Department of Environmental Protection and COVID-19

Rhode Island Department of Environmental Management

  • Rhode Island Department of Health: COVID-19

South Carolina Department of Health & Environmental Control

  • COVID-19 Updates
  • Water Management and COVID-19

South Dakota Department of Environment & Natural Resources

  • South Dakota Department of Health: COVID-19 Resources

Susquehanna River Basin Commission

Tennessee Department of Environment & Conservation

  • State of Tennessee: COVID-19 Resources

Texas Commission on Environmental Quality

  • Regulatory Guidance Regarding COVID-19

Utah Department of Environmental Quality

  • Utah Division of Water Quality: Regulatory Guidance During COVID-19 Pandemic Issued 3-31-2020
  • Water Quality Operations Updates during COVID-19

Vermont Department of Environmental Conservation

  • Report and Application Submissions Online in Response to COVID-19
  • State of Vermont: COVID-19 Information

Virginia Department of Environmental Quality

  • Virginia Department of Health: COVID-19 in Virginia

Washington Department of Ecology

  • Washington Department of Health: COVID-19
  • State of Washington: COVID-19 Response

West Virginia Department of Environmental Protection

  • State of West Virginia: COVID-19 

Wisconsin Department of Natural Resources

  • COVID-19 Updates and Information

Wyoming Department of Environmental Quality

  • Wyoming Department of Health: COVID-19 
  • State of Wyoming: COVID-19 Updates and Public Health Orders

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