State of NOLA Water Quality: An analysis of SWBNO Consumer Confidence Report and LDH Drinking Water Grades

Rebecca Malpass, Director of Policy and Research | Caitlin Douglas, EPA Urban Waters Ambassador | Taya Fontenette, Policy and Research Coordinator

Water News

On May 1, 2024, the Louisiana Department of Health (LDH) released its updated drinking water “grades” for 940 community water systems in Louisiana. This report is in its second year of production. It grades all water systems on an A-F grading scale. LDH uses seven metrics to grade water systems:

Federal Water Quality: Is the water system in compliance with federal regulations?
State Water Quality: Is the water system in compliance with state regulations?
Financial Sustainability: Has the water system conducted the appropriate rate studies and audits or had a fiscal administrator appointed to oversee finances?
Operations and Maintenance: Is the water system deficient in its operations and maintenance, such as record keeping and cross-connection control?
Infrastructure: Does the water system experience deficiencies in its infrastructure, such as frequent low pressure events or power failures?
Customer Satisfaction: Does the water system receive water quality or water quantity complaints or fail to submit its complaint logs by the deadline?
Secondary Contaminants (Iron and Manganese): Does the water system exceed maximum contaminant levels (MCLs) for iron and manganese in its treated water?

New Orleans Drinking Water Grades

The New Orleans Algiers Water Works, which provides water services to nearly 53,000 customers, maintained its grade of “B” in the 2023 report. The New Orleans Carrollton Water Works, which provides water services to over 291,000 customers, was downgraded from “C” in 2022 to “D” in 2023. Both water systems are operated by the Sewerage and Water Board of New Orleans (SWBNO), the largest water utility in Louisiana.

Algiers Water Works

The Algiers water system received 80 out of 100 points in 2022 and 85 out of 100 points in 2023. It’s score increased by 5 points for not having any water outages or boil water advisories in 2023. The system did not lose any points for violations of federal drinking water regulations in either year. In 2022, the water system lost 5 points for one water outage and a boil water advisory, violating state water quality standards. It did not lose any points for these types of violations in 2023. In both years, the water system lost 5 points for not submitting a rate study and 10 points for not submitting a water complaint log. The water system did not lose any points for its operations and maintenance, its infrastructure, or any violations for iron or manganese in either year.

Consumer Confidence Report 2023 - Drinking Water Notice of Violation

The Louisiana Department of Health (LDH) required all community water systems to publish their respective consumer confidence reports (CCR) for consumption by June 30, 2024 for the 2023 grading cycle. Sewerage and Water Board of New Orleans’ (SWBNO) CCR contains a drinking water notice for violation of State and Federal Primary Drinking Water Regulations for the Algiers water system (WS). These violations occurred in September 2023 between the 7th and 12th of the month. During this time, Algiers WS failed to adequately monitor for disinfectant and turbidity. Algiers WS cites “...failure of electronic communications between continuous monitoring equipment and an associated data recording system” as the cause for this violation. Per the regulation, equipment must be replaced/repaired within five working days of the system failure to be considered compliant. The system was, ultimately, repaired on September 12, 2023. Due to these circumstances, SWBNO states that there is no considerable degree of confidence as to the quality of drinking water during this time.

Carrollton Water Works

The Carrollton water system received 74 out of 100 points in 2022 and 64 out of 100 points in 2023. It decreased by 10 points for being out of compliance with federal regulations. The system did not lose any points for violations of federal drinking water regulations in 2022 but did lose 10 points in 2023 for noncompliance with an administrative order for exceeding the maximum contaminant level (MCL) for E. coli — a fecal contaminant — violating the Revised Total Coliform Rule (RTCR) set by the Environmental Protection Agency (EPA). These violations occurred between May 31, 2023, and June 29, 2023.*

*These violations occurred during a time when SWBNO employees were skipping and falsifying water testing data meant to monitor chlorine levels, a critical disinfectant in the water supply. The violations led to three Public Notifications of Non-Compliance issued by LDH on November 28 [Notice 1] and December 4, 2023 [Notice 2, Notice 3].

Additional points were deducted due to poor customer satisfaction, resulting from the Carrollton water system failing to submit water complaint logs in 2022 and 2023. It also lost points for inadequate infrastructure related to outdated turbines, failing to submit a proper rate study, and not incorporating a sufficient rate. In 2022 and 2023, the water system lost 5 points for not submitting a rate study, 10 points for not submitting a water complaint log, 6 points for deficiencies in operations and maintenance, and 5 points for deficiencies in infrastructure. It did not receive violations for iron or manganese in either year.

Consumer Confidence Report 2023 - Drinking Water Notice of Violation

Sewerage and Water Board of New Orleans’ (SWBNO) CCR contains a drinking water notice for violation of State and Federal Primary Drinking Water Regulations for the Carrollton water system (WS). These violations occurred during September and October of 2023. Carrollton WS failed to continuously monitor for disinfectant and turbidity between September 25th to 30th and October 1st to 12th. Carrollton WS cites “...failure of a computer system to record monitoring data from automated instruments” as the cause for these violations. Per the regulation, equipment must be replaced/repaired within five working days of the system failure to be considered compliant. The system was replaced on October 12, 2023. Due to these circumstances, SWBNO states that there is no considerable degree of confidence as to the quality of drinking water during this time.

The consistent failure of the Sewerage and Water Board of New Orleans (SWBNO) to submit complaint logs and rate studies indicates a significant administrative gap or a lack of prioritization within the utility. These deficiencies suggest that SWBNO may be struggling with organizational commitment to comprehensive water management practices and reporting, which needs to be addressed by LDH. Both the Algiers WS and the Carrollton WS did not receive any bonus points for having or creating an asset management plan or storage assessment and maintenance plan or for participating in any capacity development or management training through LDH. The EPA and many state agencies are highly encouraging water systems to create asset management plans to improve their financial health, ensure they are providing safe water, and effectively address infrastructure needs.

The contrasting performance of the two systems, despite being operated by the same utility, highlights the varying challenges and operational dynamics. In just a year, the systems went from a 6-point difference to a 21-point difference in scores. Algiers Water Works manages a network that is one-fifth of the size of the Carrollton system. The smaller scale allows for more focused and manageable maintenance and replacement efforts.

The Carrollton system demands more substantial resources to respond to the greater logistical challenges. The aging and outdated infrastructure further complicates its management as frequent repairs lead to higher maintenance and modernizing costs. Myriad leaks, breaks, and billing errors have occurred every year for at least a decade as a result of these infrastructure dilapidations. The Office of Inspector General reported that close to $19 million in public taxes were lost due these issues between 2021 and 2022 alone. This massive water loss, while partly due to failing infrastructure, was also belabored by SWBNO’s failure to follow industry standards on water loss prevention and monitoring.*

*The New Orleans Office of the Inspector General is the city’s oversight entity for the U.S. Department of Health and Human Services. In their Water Loss Control Report (April 4, 2024), they detail several compliance violations with SWBNO related to water loss monitoring, control, and other issues. SWBNO failed to report (quarterly) water loss to New Orleans City Council as required by La. R.S. 33:4091. Water loss was only reported on February 1, 2019, May 1, 2019, September 4, 2019, and February 3, 2020. The data from these reports can be found in the May ‘19 report. No new data has been submitted.

2022 to 2023 Comparisons

In 2023, 504 community water systems (CWSs), representing 54% of all Louisiana water systems, scored an “A,” marking an increase of 115 systems to achieve this grade in a year. The Algiers system is one of 210 water systems to receive a “B” grade in 2023, indicating good but not excellent performance. The Carrollton system is one of 49 water systems to receive a “D” grade in 2023 and one of 28 systems downgraded from 2022 to 2023, highlighting areas for continued improvement. While the number of systems to backslide is substantial, it is also noteworthy that the number of CWSs to receive an “A” grade increased across the state as a whole. Natural decline due to factors such as aging infrastructure, inadequate maintenance, or operational challenges of already struggling systems could also contribute to decreases in score.

2022

2023

Problem with the System

The Water Collaborative applauds LDH for establishing the Community Drinking Water Grades pursuant to Louisiana Act 98. The public deserves to know how their water system is performing and how it compares to other water systems across the state. While this is a good first step, there are limits to how the public can interpret this data.

To start, there is no available information on how LDH concluded—aside from Act 98 of the 2021 Legislative Session—that the current, seven grading standards were the most effective metrics of accountability. Transparency in how grades are determined would allow consumers to better understand water grades, how their utility is performing, and specific room for improvement from their water utility. For example, the Customer Satisfaction metric factors “validated” water quality and quantity complaints. While LDH does explain what they look for on the individual water system’s (WS) report card, they do not expand on a process for validation in any further detail. We know that the SWBNO has numerous complaints each year, many of which are related to billing, estimated bills, and inaccurate bills. Yet, the types and number of complaints are not logged by LDH.

Additionally, there are point inconsistencies that make digesting the report confusing. For instance, LDH deducts 5 points for CWSs utilizing an uncertified groundwater operator, but deducts 10 points for uncertified surface water operators. What is the difference between the two deductions and positions? Point maximums also leave many questions as to the ability for LDH to adequately account for repeated violations. For instance, there is a 15-point maximum deduction for “Operation and Maintenance Performance,” but only 3 points per offense. This implies that only 5 violations are being accounted for within this standard. Is this the best way to account for CWS violations?

There is also very broad language laced throughout the standards themselves. “Financial Sustainability,” for example, is determined based on “...circumstances that affect the fiscal control of the community water system.” What circumstances? This vague language does not benefit those seeking to understand how their CWS is operating for -or against- the good of residents. Further, point inconsistencies do not adequately reflect whether a CWS is or is not failing. It does not allow community water systems the ability to understand how and why they are failing -or succeeding- in order to improve on current operations standards.

Recommendations

Enhancing Transparency and Accountability through Comprehensive Reporting

LDH should include a detailed report for each water system that not only presents the grades but also explains the reasons behind the scores. For example, if the Carrollton Water Works lost points for operations and maintenance deficiencies or infrastructure issues, the report should specify what those deficiencies are. This additional context would provide a clearer metric for accountability than the current system. LDH should also implement a side-by-side comparison of each CWS’s previous and current grades, with detailed explanations for any changes. This would serve as an excellent tool for identifying areas needing improvement and recognizing progress. Additionally, ensuring that point deductions for each violation are clear and consistent is crucial. Providing examples or case studies for each type of violation would help illustrate how points are deducted, offering greater transparency for both water systems and their customers.

Adapting Grading Standards: Equitable Evaluation for Diverse Water System Challenges

LDH should consider using tiered grading standards to account for the varying population sizes and unique infrastructure challenges of different water systems. For instance, the Carrollton water system serves a more densely populated area and faces unique stormwater issues that northern Louisiana systems may not encounter. Grading these systems the same way may not be fair or accurate. A tiered penalty system would also be beneficial for water systems with repeated violations. LDH should take into account policy issues at both the state and municipal levels that affect a water system's ability to fund necessary upgrades and replacements. The challenges faced by SWBNO in securing state funding highlight the impact of policy on a water system's performance. Expanding the “Financial Sustainability” standard to include detailed examples of applicable and inapplicable penalties, along with exceptions for unique situations, would be beneficial. LDH could also consider the efforts of water systems to build funding capacity for maintenance and operations when evaluating their performance.

Expanding Customer Satisfaction Metrics for Improved Accountability

LDH should expand the metrics used to evaluate “Customer Satisfaction.” Currently, it is unclear what constitutes a “valid” or “invalid” complaint. These criteria should be made publicly accessible. Expanding the criteria to include response times, resolution processes, customer feedback, and methods for reporting and mitigating dissatisfaction would provide a more comprehensive assessment of how well a water system serves its residents. Greater consideration should be given to water systems that fail to submit customer complaint logs. This is a critical component of a system's commitment to community wellbeing and public transparency. Prioritizing this element would encourage water systems to improve their customer service practices, ultimately leading to better outcomes for the communities they serve.

Improve the Louisiana Department of Health Website

Navigating LDH’s website is a challenging task. The site is in serious need of an update, especially regarding its presentation of water grades. The data is difficult to navigate and lacks a comprehensive approach. Important information, such as graphs showing the number of failing versus passing community water systems, is inconveniently placed at the bottom of the page, making it inefficient to access. In contrast, Environmental Working Group (EWG)’s website excels at providing clear, comprehensive content. They include user-friendly filters that highlight utilities with violations, large utilities, and their service areas. This approach would be much more effective in communicating data to both consumers and community water systems.

Conclusion

In conclusion, the Louisiana Department of Health's release of the 2023 drinking water grades for community water systems marks a significant step towards transparency and accountability in water quality management. The report provides valuable insights into the performance of various water systems, including notable improvements and declines. However, it also highlights areas needing further refinement. The disparities in grades between the Algiers and Carrollton water systems underscore the varying challenges faced by different systems, even when managed by the same utility.

A significant concern raised by the report is the public health risk caused by the Sewerage and Water Board of New Orleans (SWBNO). The Carrollton Water Works' decline from a "C" to a "D" grade was partly due to violations involving E. coli contamination and the falsification of water testing data meant to monitor chlorine levels. These actions led to multiple public notifications of non-compliance, illustrating a substantial risk to public health due to inadequate water testing and maintenance practices. This situation emphasizes the critical need for rigorous and honest reporting standards to protect community health.

The current grading system, although a good foundation, requires enhancements to better capture the complexities of water system management and provide clearer, more actionable data for both utilities and the public. Recommendations for more detailed reporting, equitable evaluation standards, and expanded customer satisfaction metrics aim to address these gaps. By adopting these improvements, LDH can ensure a more comprehensive and transparent approach to evaluating and improving the state's drinking water systems, ultimately safeguarding public health and enhancing the quality of water services across Louisiana.

Policy Brief, Local NewsWater CollaborativeJuly 15, 2024Water Quality