Subject 391-3-5 RULES FOR SAFE DRINKING WATER
The purpose of these Rules is to establish policies,
procedures, requirements and standards to implement the Georgia Safe Drinking
Water Act of 1977 (Act No. 231 O.C.G.A. Section
12-5-170et seq.,
as amended), and to carry out the purposes and requirements of the Federal Safe
Drinking Water Act (PL 93-523). These Rules are promulgated so that the
citizens of the State of Georgia shall be assured adequate, safe drinking water
of the highest quality. Any reference in these Rules to standards, procedures
and requirements in other sources is a specific adoption and incorporation by
reference of that source for such standard, procedure, or requirement for
purposes of these rules.
All terms used in these rules shall be interpreted in
accordance with the definitions as set forth in the Georgia Safe Drinking Water
Act of 1977 or as herein defined:
| (1) |
"Act" means the Georgia Safe Drinking Water Act of 1977, as amended. |
| (2) |
"Action Level" means the concentration of
a contaminant, which if exceeded, triggers treatment or other requirements
which a water system must follow. |
| (3) |
"Aquifer" means any stratum or zone of
rock beneath the surface of the earth capable of containing water or producing
water from a well. |
| (4) |
"Aquifer
Testing" means a controlled pumping test of a well lasting at least 24
continuous hours in which the water level and the pumping rate are monitored at
closely spaced intervals and the water level is monitored for at least as long
a time following the test as the duration of the test. |
| (5) |
"Backflow" means the reverse flow of
contaminated water, other liquid, gas, or substance into the distribution
system of a potable water supply. |
| (6) |
"Back pressure" means a condition in
which the pressure in a non-potable system is greater than the pressure in the
potable distribution system and can cause contaminants to backflow into the
potable system. |
| (7) |
"Backsiphonage"
means a form of backflow caused by a negative or below atmospheric pressure
within the potable water system. |
| (8) |
"Bag filters" are pressure-driven
separation devices that remove particulate matter larger than 1 micrometer
using an engineered porous filtration media. They are typically constructed of
a non-rigid, fabric filtration media housed in a pressure vessel in which the
direction of flow is from the inside of the bag to outside. |
| (9) |
"Bank filtration" is a water treatment
process that uses a well to recover surface water that has naturally
infiltrated into ground water through a river bed or bank(s). Infiltration is
typically enhanced by the hydraulic gradient imposed by a nearby pumping water
supply or other well(s). |
| (10) |
"Business plan" means a written plan which is prepared to demonstrate a public
water system's managerial and financial capacity to comply with all drinking
water regulations in effect, or likely to be in effect. The business plan is to
be prepared in conformance with Appendix A of the Division's "Minimum Standards
for Public Water Systems", latest edition. The business plan shall be updated
at intervals determined by the Director. |
| (11) |
"Best Available Technology" or "BAT"
means the best technology, treatment techniques, or other means promulgated by
EPA and adopted by the Division. In promulgating BAT the EPA examines the
efficacy under field conditions and not solely under laboratory conditions, and
takes costs into consideration when determining what technology or treatment
technique is available. |
| (12) |
"CFR"
means the Code of Federal Regulations, Title 40. The Code of Federal
Regulations is a codification of the general and permanent rules published in
the Federal Register by the executive departments and agencies of the federal
government. |
| (13) |
"Capacity" means
the overall capability of a water system to reliably produce and deliver water
meeting all national primary drinking water regulations in effect, or likely to
be in effect. Capacity encompasses the technical, managerial, and financial
capabilities, as described in the latest edition of EPD's "Minimum Standards
for Public Water Systems" and will enable a water system to plan for, achieve,
and maintain compliance with applicable drinking water standards. |
| (14) |
"Cartridge filters" are pressure-driven
separation devices that remove particulate matter larger than 1 micrometer
using an engineered porous filtration media. They are typically constructed as
rigid or semi-rigid, self-supporting filter elements housed in pressure vessels
in which flow is from the outside of the cartridge to the inside. |
| (15) |
"Casing" means the tubular material used
to shut off or exclude a stratum or strata and to protect against entrance of
contaminants during the expected life of the well. |
| (16) |
"Clean compliance history" is, for the
purposes of the Revised Total Coliform Rule,
391-3-5-.55, a record of: no MCL
violations; no monitoring violations; and no coliform treatment technique
trigger exceedances or treatment technique violations. |
| (17) |
"Coagulation" means a process using
coagulant chemicals and mixing by which colloidal and suspended materials are
destabilized and agglomerated into flocs. |
| (18) |
"Combined distribution system" is the
interconnected distribution system consisting of the distribution systems of
wholesale systems and of the consecutive systems that receive finished
water. |
| (19) |
"Community water
system" or "CWS" means a public water system, which serves at least 15 service
connections, used by year-round residents or regularly serves at least 25
year-round residents. |
| (20) |
"Compliance cycle" means the nine-year calendar year cycle during which public
water systems must monitor. Each compliance cycle consists of three-year
compliance periods. The first compliance cycle begins January 1,
1993. |
| (21) |
"Compliance period"
means a three-year calendar year period within a compliance cycle. Each
compliance cycle has three-year compliance periods. |
| (22) |
"Comprehensive performance evaluation"
or "CPE" means a thorough review and analysis of a treatment plant's
performance-based capabilities and associated administrative, operation and
maintenance practices. It is conducted to identify factors that may be
adversely impacting a plant's capability to achieve compliance and emphasizes
approaches that can be implemented without significant capital improvements.
For purpose of compliance with subparts P and T of
40 CFR Part
141, the CPE shall consist of at least the
following components: Assessment of plant performance; evaluation of major unit
processes; identification and prioritization of performance limiting factors;
assessment of the applicability of comprehensive technical assistance; and
preparation of a CPE report. |
| (23) |
"Confirmation Sample" means a sample analysis or analyses taken to verify the
results of an original analysis. Each sample for the analysis shall be taken or
measured at the same location in the water system as the original sample. The
results of the confirmation samples shall be averaged with the original sample
to determine compliance. |
| (24) |
"Confined Aquifer" means an aquifer which is separated from the land surface by
a significant zone of low permeability which prevents surface recharge or
pollutants from readily reaching the aquifer. |
| (25) |
"Confluent growth" means a continuous
bacterial growth covering the entire filtration area of a membrane filter, or a
portion thereof, in which bacterial colonies are not discrete. |
| (26) |
"Consecutive system" is a public water
system that receives some or all of its finished water from one or more
wholesale systems. Delivery may be through a direct connection or through the
distribution system of one or more consecutive systems. |
| (27) |
"Consumer Confidence Report" means an
annual report that community water systems must deliver to their customers
which, as a minimum, contains information on the quality of the water delivered
by the system and characterizes the risks (if any) from exposure to
contaminants detected in the drinking water in an accurate and understandable
manner. |
| (28) |
"Contaminant" means
any physical, chemical, biological, or radiological substance or matter in
water. |
| (29) |
"Conventional
filtration treatment" means a series of processes including coagulation
flocculation, sedimentation, and filtration resulting in substantial
particulate removal. |
| (30) |
"Corrosion Inhibitor" means a substance capable of reducing the corrosivity of
water toward metal plumbing materials, especially lead and copper, by forming a
protective film on the interior surface of those materials. |
| (31) |
"Cross-connection" means any physical
arrangement whereby a public water supply is connected, directly or indirectly,
with any other water supply system, sewer, drain, conduit, pool, storage
reservoir, plumbing fixture, or other device which contains or may contain
contaminated water, sewage or other waste, or liquid of unknown or unsafe
quality which may be capable of imparting contamination to the public water
supply as the result of backflow. By-pass arrangements, jumper connections,
removable sections, swivel or changeable devices, and other temporary or
permanent devices through which or because of which backflow could occur are
considered to be cross-connections. |
| (32) |
"CT" is the product of "residual
disinfectant concentration" (C) in milligrams per liter determined before or at
the first customer tap where water is provided for human consumption and the
corresponding "disinfectant contact time" (T) in minutes. |
| (33) |
"Department" means the Department of
Natural Resources of the State of Georgia. |
| (34) |
"Diatomaceous earth filtration" means a
process resulting in substantial particulate removal in which (1) a pre-coat
cake of diatomaceous earth filter media is deposited on a support membrane
(septum), and (2) while the water is filtered by passing through the cake on
the septum, additional filter media known as the body feed is continuously
added to feed water to maintain the permeability of the filter cake. |
| (35) |
"Direct filtration" means a series of
processes including coagulation and filtration but excluding sedimentation
resulting in substantial particulate removal. |
| (36) |
"Director" means the Director of the
Environmental Protection Division, Department of Natural Resources of the State
of Georgia, or his designee. |
| (37) |
"Disinfectant" means any oxidant, including but not limited to chlorine,
chlorine dioxide, chloramines, and ozone added to water in any part of the
treatment or distribution process, that is intended to kill or inactivate
pathogenic microorganisms. |
| (38) |
"Disinfectant contact time" ("T" in CT calculations) means the time in minutes
that it takes for water to move from the point of disinfectant application or
the previous point where residual disinfectant concentration ("C") is
measured. |
| (39) |
"Disinfection" means
a process, which inactivates pathogenic organisms in water by chemical oxidants
or equivalent agents. |
| (40) |
"Disinfection profile" means a summary of Giardia lamblia
inactivation through the treatment plant. The procedure for developing
a disinfection profile is contained in
40 CFR § 141.172. (Disinfection profiling and
benchmarking) in subpart P and §§141.530- 141.536 (Disinfection
profile) in subpart T of 40
CFR Part 141. |
| (41) |
"Division" means the Environmental
Protection Division, Department of Natural Resources of the State of
Georgia. |
| (42) |
"Domestic or other
non-distribution system plumbing problem" means a coliform contamination
problem in a public water system with more than one service connection that is
limited to the specific service connection from which the coliform-positive
sample was taken. |
| (43) |
"Dose
equivalent" means the product of the absorbed dose from ionizing radiation and
such factors as account for differences in biological effectiveness due to the
type of radiation and its distribution in the body as specified by the
International Commission on Radiological Units and Measurements
(ICRU). |
| (44) |
"Drinking Water" means
water supplied to the public for human consumption from a public water
system. |
| (45) |
"Dual sample set" is a
set of two samples collected at the same time and same location, with one
sample analyzed for TTHM and the other sample analyzed for HAA5. Dual sample
sets are collected for the purposes of conducting an IDSE under subpart U of
40 CFR, Part
141 and determining compliance with the TTHM
and HAA5 MCLs under subpart V of
40 CFR, Part
141. |
| (46) |
"Effective corrosion inhibitor residual"
for the purpose of compliance with Rule 395-3-5-.25, means a concentration
sufficient to form a protective film on the interior walls of a pipe. |
| (47) |
"Enhanced coagulation" means the
addition of sufficient coagulant for improved removal of disinfection byproduct
precursors by conventional filtration treatment. |
| (48) |
"Enhanced softening" means the improved
removal of disinfection byproduct precursors by precipitative
softening. |
| (49) |
"Entry Point" means
the sample point where after treatment drinking water enters the distribution
system. For purposes of the Act and the Rules, "entry point"
shall be defined as a sample location anywhere on the finished water line after
treatment, up to and including the first service or customer tap. |
| (50) |
"EPA" means the United States
Environmental Protection Agency. |
| (51) |
"Exemption" means approval from the
Division affording a public water system, existing as of the effective date of
these rules, an extended time for compliance with a maximum contaminant level
or treatment technique contained in a drinking water standard. An exemption
pertains to non-compliance with a maximum contaminant level for reasons other
than that instance when application of a generally available treatment method
fails to adequately treat the raw water source. |
| (52) |
"Federal Act" means the Federal Safe
Drinking Water Act, 1974 P.L. 93-523, as amended. |
| (53) |
"Filter profile" means a graphical
representation of individual filter performance, based on continuous turbidity
measurements or total particle counts versus time for an entire filter run,
from startup to backwash inclusively, that includes an assessment of filter
performance while another filter is being backwashed. |
| (54) |
"Filtration" means a process for
removing particulate matter from water by passage through porous
media. |
| (55) |
"Finished water" is
water that is introduced into the distribution system of a public water system
and is intended for distribution and consumption without further treatment,
except as treatment necessary to maintain water quality in the distribution
system (e.g., booster disinfection, addition of corrosion
control chemicals). |
| (56) |
"First
draw sample" means a one-liter sample of tap water collected in accordance with
Rule 391-3-5-.25,
that has been standing in the plumbing pipes at least 6 hours and is collected
without flushing the tap. |
| (57) |
"Flocculation" means a process to enhance agglomeration or collection of
smaller floc particles into larger, more easily settleable particles by gentle
stirring by hydraulic or mechanical means. |
| (58) |
"Flowing stream" is a course of running
water flowing in a definite channel. |
| (59) |
"GAC10" means granular activated carbon
filter beds with an empty-bed contact time of 10 minutes based on average daily
flow and a carbon reactivation frequency of every 180 days, except that the
reactivation frequency for GAC10 used as a best available technology for
compliance with subpart V MCLs under
40 CFR § 141.64(b)(2) shall be 120
days. |
| (60) |
"GAC20" means granular
activated carbon filter beds with an empty-bed contact time of 20 minutes based
on average daily flow and a carbon reactivation frequency of every 240
days. |
| (61) |
"Gross alpha particle
activity" means the total radioactivity due to alpha particle emission as
inferred from measurements on a dry sample. |
| (62) |
"Gross beta particle activity" means the
total radioactivity due to beta particle emission as inferred from measurement
on a dry sample. |
| (63) |
"Ground
water" means water obtained from wells and/or springs used as a source of water
supply for a public water system. |
| (64) |
"Ground water under the direct influence
of surface water" (GWUDI) means any water beneath the surface of the ground
with:
| (a) |
significant occurrence of insects or
other microorganisms, algae, or large-diameter pathogens such as
Giardia lamblia, or Cryptosporidium,
or |
| (b) |
significant and relatively
rapid shifts in water characteristics such as turbidity, temperature,
conductivity, or pH which closely correlate to climatological or surface water
conditions. |
|
| (65) |
"Haloacetic acids (five)" (HAA5) mean the sum of the concentrations in
milligrams per liter of the haloacetic acid compounds (monochloroacetic acid,
dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, and
dibromoacetic acid), rounded to two significant figures after
addition. |
| (66) |
"Halogen" means one
of the chemical elements chlorine, bromine or iodine. |
| (67) |
"Hazardous Material" means any chemical,
substance or material that is classified as Hazardous by the U.S. Environmental
Protection Agency (CFR 40, Part 261). |
| (68) |
"Health hazards" mean any conditions,
devices, or practices in a water supply system or its operation, which create
or may create an imminent and substantial danger to the health and well-being
to the water consumer. |
| (69) |
"Heterotrophic plate count" formerly known as the standard plate count, is a
procedure for estimating the number of live heterotrophic bacteria in water.
Unless stated otherwise, heterotrophic plate count refers to Method 9215, the
pour plate method, as set forth in Standard Methods for the Examination
of Water and Wastewater, American Public Health Association, 18th
Edition, 1992, pp. 9-32 to 9-34, or subsequent edition. |
| (70) |
"Initial compliance period" means the
first full three-year compliance period that begins January 1, 1993. |
| (71) |
"Inventory" for the purpose of Rule
391-3-5-.40 means a written or
computer database listing of all potential sources of ground-water pollution
located within a wellhead protection area. |
| (72) |
"Lake/reservoir" refers to a natural or
man-made basin or hollow on the Earth's surface in which water collects or is
stored that may or may not have a current or single direction of
flow. |
| (73) |
"Large water system" for
the purpose of Rule
391-3-5-.25 (Lead & Copper)
means a water system that serves more than 50,000 persons. |
| (74) |
"Lead service line" means a line made of
lead, which connects the discharge side of the water meter to the building
inlet and any lead pigtail, gooseneck or other fitting, which is connected to
such lead line. |
| (75) |
"Legionella" means a genus of bacteria, some species of which
have caused a type of pneumonia called Legionnaires Disease. |
| (76) |
"Level 1 assessment" is an evaluation to
identify the possible presence of sanitary defects, defects in distribution
system coliform monitoring practices, and (when possible) the likely reason
that the system triggered the assessment. It is conducted by the system
operator or owner. Minimum elements include review and identification of
atypical events that could affect distributed water quality or indicate that
distributed water quality was impaired; changes in distribution system
maintenance and operation that could affect distributed water quality
(including water storage); source and treatment considerations that bear on
distributed water quality, where appropriate (e.g., whether a ground water
system is disinfected); existing water quality monitoring data; and
inadequacies in sample sites, sampling protocol, and sample processing. The
system must conduct the assessment consistent with any Division directives that
tailor specific assessment elements with respect to the size and type of the
system and the size, type, and characteristics of the distribution
system. |
| (77) |
"Level 2 assessment"
is an evaluation to identify the possible presence of sanitary defects, defects
in distribution system coliform monitoring practices, and (when possible) the
likely reason that the system triggered the assessment. A Level 2 assessment
provides a more detailed examination of the system (including the system's
monitoring and operational practices) than does a Level 1 assessment through
the use of more comprehensive investigation and review of available
information, additional internal and external resources, and other relevant
practices. It is conducted by an individual approved by the Division, which may
include the system operator. Minimum elements include review and identification
of atypical events that could affect distributed water quality or indicate that
distributed water quality was impaired; changes in distribution system
maintenance and operation that could affect distributed water quality
(including water storage); source and treatment considerations that bear on
distributed water quality, where appropriate (e.g., whether a ground water
system is disinfected); existing water quality monitoring data; and
inadequacies in sample sites, sampling protocol, and sample processing. The
system must conduct the assessment consistent with any Division directives that
tailor specific assessment elements with respect to the size and type of the
system and the size, type, and characteristics of the distribution system. The
system must comply with any expedited actions or additional actions required by
the Division in the case of an E. coli MCL
violation. |
| (78) |
"Locational running
annual average" (LRAA) is the average of sample analytical results for samples
taken at a particular monitoring location during the previous four calendar
quarters. |
| (79) |
"Man-made beta
particle and photon emitters" means all radionuclides emitting beta particles
and/or photons listed in Maximum Permissible Body Burdens and Maximum
Permissible Concentration of Radionuclides in Air or Water for Occupational
Exposure, NBS Handbook 69, except the daughter products of thorium-232,
uranium-235 and uranium-238. |
| (80) |
"Maximum contaminant level" (MCL) means the highest level of a contaminant that
is allowed in drinking water. MCLs are set as close to the MCLGs as feasible
using the best available treatment technology. |
| (81) |
"Maximum contaminant level goal" (MCLG)
means the level of a contaminant in drinking water below which there is no
known or expected risk to health. MCLGs allow for a margin of safety. |
| (82) |
"Maximum residual disinfectant level"
(MRDL) means a level of a disinfectant added for water treatment that may not
be exceeded at the consumer's tap without an unacceptable possibility of
adverse health effects. |
| (83) |
"Maximum residual disinfectant level goal" (MRDLG) means the maximum level of a
disinfectant added for water treatment at which no known or anticipated adverse
effect on the health of persons would occur, and which allows an adequate
margin of safety. MRDLGs are non-enforceable health goals and do not reflect
the benefit of the addition of the chemical for control of waterborne microbial
contamination. |
| (84) |
"Medium-size
water system" for the purpose of Rule
391-3-5-.25 (Lead & Copper),
means a water system that serves greater than 3,300 and less than or equal to
50,000 persons. |
| (85) |
"Membrane
filtration" is a pressure or vacuum driven separation process in which
particulate matter larger than 1 micrometer is rejected by an engineered
barrier, primarily through a size-exclusion mechanism, and which has a
measurable removal efficiency of a target organism that can be verified through
the application of a direct integrity test. This definition includes the common
membrane technologies of microfiltration, ultrafiltration, nanofiltration, and
reverse osmosis. |
| (86) |
"Minimum
Community Population Determination" for the purpose of the Act and the Rules
means the minimum residential population shall be determined by a mathematical
calculation of the total number of active residential service connections,
multiplied by Georgia's average population per household, as published in the
most recent Federal Census Bureau Statistics. Multiple residential units served
by a single connection (master meter) shall be included in the determination of
population for a water system. |
| (87) |
"Near the first service connection" means at one of the 20 percent of all
service connections in the entire system that are nearest the water supply
treatment facility, as measured by water transport time within the distribution
system. |
| (88) |
"Non-community water
system" or "NCWS" means a public water system, which provides piped water for
human consumption to at least 15 service connections or which serves at least
25 individuals at least 60 days out of the year but which is not a community
water system. A non-community water system may be further classified as a
"non-transient, non-community water system" or a "transient, non-community
water system". |
| (89) |
"Non-transient,
non-community water system" or "NTNCWS" means a public water system that is not
a community water system and that regularly serves at least 25 of the same
persons over 6 months per year. |
| (90) |
"Operator" means the person responsible
for the maintenance and operation of the public water system. A certified
operator is an operator registered as a Water Treatment Plant Operator in the
State of Georgia in accordance with the provisions of the Certification of
Water and Wastewater Treatment Plant Operators and Laboratory Analysts Act
(Georgia Laws 1969, pp. 272 et. seq., as amended). For purposes of this Act a
certified operator also includes persons involved with only the storage and
distribution of drinking water. |
| (91) |
"Optimal corrosion control treatment" as
it applies to Rule 391-3-5.25 (Lead & Copper) of this Rule, means the
corrosion control treatment that minimizes the lead and copper concentrations
at user's taps while insuring that the treatment does not cause the water to
violate any national primary drinking water regulation. |
| (92) |
"Person" means any individual,
corporation, company, association, partnership, county, municipality, State
agency, State authority, Federal agency, agency, facility, or other
entity. |
| (93) |
"Picocurie" (pCi)
means that quantity of radioactive material producing 2.22 nuclear
transformations per minute. |
| (94) |
"Plant intake" refers to the works or structures at the head of a conduit
through which water is diverted from a source (e.g., river or lake) into the
treatment plant. |
| (95) |
"Point of
disinfection application" is the point where the disinfectant is applied and
water downstream of that point is not subject to recontamination by surface
water runoff. |
| (96) |
"Presedimentation" is a preliminary treatment process used to remove gravel,
sand and other particulate material from the source water through settling
before the water enters the primary clarification and filtration processes in a
treatment plant. |
| (97) |
"Professional
Engineer" means a person registered to practice professional engineering in the
State of Georgia in accordance with the provisions of the Act governing the
Practice of Professional Engineering in Georgia. (Ga. Laws 1945, p. 294 et.
seq., as amended). |
| (98) |
"Professional Geologist" means a person registered to practice professional
geology in the State of Georgia in accordance with the provisions of the
Registration of Geologist Act of 1975, (Code 1933, §84-2101a, enacted by
the Georgia Legislature 1975, p.163, 1). |
| (99) |
"Public water system" or "PWS" means a
system that provides water to the public for human consumption through pipes or
other constructed conveyances, if such system has at least fifteen (15) service
connections or regularly serves an average of twenty-five (25) individuals
daily at least 60 days out of the year. Such terms include:
| 1) |
any collection, treatment, storage, and
distribution facilities under control of the operator of such system and used
primarily in connection with such system; and |
| 2) |
any collection or pretreatment storage
facilities not under such control which are used primarily in connection with
such system. Such term does not include any "special irrigation district." A
public water system is a "community water system", a "non-transient
non-community water system" or a "transient non-community water
system". |
|
| (100) |
"Raw
water" means water from a source of water supply or a proposed source of water
supply, which has not received any type of treatment to change the physical,
chemical, biological, or radiological quality of the water. |
| (101) |
"Rem" means the unit of dose equivalent
from ionizing radiation to the total body or any internal organ or organ
system. A "millirem (mrem)" is 1/1000 of a rem. |
| (102) |
"Repeat compliance period" means any
subsequent compliance period after the initial compliance period. |
| (103) |
"Repeat sample" means a sample that is
collected and analyzed in response to a previous coliform-positive
sample. |
| (104) |
"Residual
disinfectant concentration" ("C" in CT calculations) means the concentration of
disinfectant measured in milligrams per liter in a representative sample of
water. |
| (105) |
"Sanitary defect" is a
defect that could provide a pathway of entry for microbial contamination into
the distribution system or that is indicative of a failure or imminent failure
in a barrier that is already in place. |
| (106) |
"Sanitary survey" means an on-site
review of the water source, facilities, equipment, treatment, operation and
maintenance of a public water system for the purpose of evaluating the adequacy
of each for producing and distributing safe drinking water. |
| (107) |
"Seasonal system" is a non-community
water system that is not operated as a public water system on a year-round
basis and starts up and shuts down at the beginning and end of each operating
season. |
| (108) |
"Sedimentation" means
a process for removal of solids before filtration by gravity or
separation. |
| (109) |
"Service
connection" means the point at which the water distribution main and the water
service pipe, metered or unmetered, are connected to serve water to a residence
or water customer. As used in the definition of PWS, "service connection" does
not include a connection to a system that delivers water by a constructed
conveyance other than a pipe if:
| (a) |
The water
is used exclusively for purposes other than residential uses (consisting of
drinking, bathing, and cooking, or other similar uses); |
| (b) |
The Division determines that alternative
water to achieve the equivalent level of public health protection provided by
the applicable national primary drinking water regulation is provided for
residential or similar uses for drinking and cooking; or |
| (c) |
The Division determines that the water
provided for residential or similar uses for drinking, cooking, and bathing is
centrally treated or treated at the point of entry by the provider, a
pass-through entity, or the user to achieve the equivalent level of protection
provided by the applicable national primary drinking water
regulations. |
|
| (110) |
"Service line sample" means a one-liter sample of water collected in accordance
with Rule
391-3-5-.25 that has been standing
for at least 6 hours in the service line. |
| (111) |
"Single family structure" for the
purpose of compliance with Rule
391-3-5-.25 (Lead & Copper),
means a building constructed as a single-family residence that is currently
used as either a residence or place of business. |
| (112) |
"Slow sand filtration" means a process
involving passage of raw water through a bed of sand at low velocity (generally
less than 0.4 meters per hour) resulting in substantial particulate removal by
physical and biological mechanisms. |
| (113) |
"Small water system" for the purpose of
Rule 391-3-5-.25
(Lead & Copper), means a water system that serves 3,300 persons or
fewer. |
| (114) |
"Source of water
supply" means the waters of the State from which raw water is taken into a
public water system to be treated and/or distributed. |
| (115) |
"Source Water Assessment Plan" (SWAP)
means a public report which documents a public drinking water system's and
other stakeholders' reasonable efforts to ascertain the potential impact of
natural or man-made pollutants, within a wellhead protection or watershed area,
on the raw water source for the drinking water supply well or surface water
intake. |
| (116) |
"Spring" means a
source of water supply which naturally issues forth for the first time from
rock or soil onto the land or into a body of water. |
| (117) |
"Standard sample" means the aliquot of
finished drinking water that is examined for the presence of coliform
bacteria. |
| (118) |
"Storage tank" or
"Tank" means any covered structure, such as clearwell, standpipe, reservoir,
elevated tank, hydropneumatic tank or other storage facility or combination
thereof used to store drinking water. |
| (119) |
"Subpart H systems" means public water
systems using surface water or ground water under the direct influence of
surface water as a source. |
| (120) |
"Supplier of water" or "Supplier" means any person who owns or operates a
public water system. |
| (121) |
"Surface
water" means and includes any and all rivers, streams, branches, creeks, ponds,
tributary streams, drainage basins, natural lakes, artificial reservoirs and
impoundments and ground water under the direct influence of surface
water. |
| (122) |
"SUVA" means Specific
Ultraviolet Absorption at 254 nanometers (nm), an indicator of the humic
content of water. It is a calculated parameter obtained by dividing a sample's
ultraviolet absorption at a wavelength of 254 nm by its concentration of
dissolved organic carbon (DOC) (in mg/L). |
| (123) |
"System with a single service
connection" means a system, which supplies drinking water to consumers via a
single service line. |
| (124) |
"Total
Organic Carbon" (TOC) means total organic carbon in mg/L measured using heat,
oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these
oxidants that convert organic carbon to carbon dioxide, rounded to two
significant figures. |
| (125) |
"Total
trihalomethanes" (TTHM) means the sum of the concentration in milligrams per
liter of the trihalomethane compounds: trichloromethane (chloroform),
dibromochloromethane, bromodichloromethane and tribromomethane (bromoform),
rounded to two significant figures. |
| (126) |
"Too numerous to count" means that the
total number of bacterial colonies exceed 200 on a 47-mm diameter membrane
filter used for coliform detection. |
| (127) |
"Transient non-community water system"
or "TNCWS" means a public water system that is not a community water system or
a non-transient non-community water system. A transient non-community water
system provides piped water for human consumption to at least 15 service
connections or which regularly serves at least 25 persons at least 60 days a
year. |
| (128) |
"Treatment Technique"
means a required process intended to reduce the level of contaminants in
drinking water. |
| (129) |
"Treatment
technique requirement" means a requirement, which specifies for a contaminant,
a specific treatment technique(s), which leads to a reduction in the level of
such contaminant sufficient to comply with the requirements of these
Rules. |
| (130) |
"Trihalomethane" (THM)
means one of the family of organic compounds, named as derivatives of methane,
wherein three of the four hydrogen atoms in methane are each substituted by a
halogen atom in the molecular structure. |
| (131) |
"Two-stage lime softening" is a process
in which chemical addition and hardness precipitation occur in each of two
distinct unit clarification processes in series prior to filtration. |
| (132) |
"Unconfined aquifer" means an aquifer
which is not separated from the land surface by a significant zone of low
permeability and, therefore, is more susceptible to pollution from the
activities of mankind. Wellhead Protection Areas for unconfined aquifers are
larger than such areas for confined aquifers. |
| (133) |
"Uncovered finished water storage
facility" means a tank, reservoir or other facility used to store water that
will undergo no further treatment except residual disinfection and is open to
the atmosphere. |
| (134) |
"Variance"
means approval from the Division affording a public water system an extended
time for compliance with a maximum contaminant level or treatment technique
contained in a drinking water standard. A variance pertains to non-compliance
with a maximum contaminant level due to the inability to meet the maximum
contaminant level even when a treatment method has been applied to a raw water
source. The non§compliance is due to the quality of the raw
water. |
| (135) |
"Virus" means a
microorganism of fecal origin, which is infectious to humans by waterborne
transmission. |
| (136) |
"Waterborne
disease outbreak" means the significant occurrence of acute infectious illness,
epidemiologically associated with the ingestion of water from a public water
system which is deficient in treatment, as determined by the
Division. |
| (137) |
"Waters" or "Waters
of the State" means and includes any and all rivers, streams, creeks, branches,
lakes, reservoirs, ponds, drainage systems, springs, wells, and all other
bodies of surface or underground water, natural or artificial, of this
State. |
| (138) |
"Watershed Area" means
the entire drainage basin upstream of a water intake located on a stream or
lake. |
| (139) |
"Well" means any
excavation that is cored, bored, drilled, jetted, dug, or otherwise constructed
for the purpose of locating, testing, or withdrawing ground water. |
| (140) |
"Wellhead protection area" means an
area of potential ground water recharge around a well which should be protected
from surface and subsurface sources of man§made pollution in order to
protect the quality of drinking water supplies. |
| (141) |
"Wholesale system" is a public water
system that treats source water as necessary to produce finished water and then
delivers some or all of that finished water to another public water system.
Delivery may be through a direct connection or through the distribution system
of one or more consecutive systems. |
| (1) |
Applicability. These rules shall apply to all public water systems
in the state, except that such rules shall not apply to a public water system
which meets all the following criteria:
| (a) |
which consists only of distribution and storage facilities (and does not have
any collection and treatment facilities); |
| (b) |
which obtains all of its water from, but
is not owned or operated by the owner or operator of a public water system to
which such rules apply; |
| (c) |
which
does not sell water to any person; and |
| (d) |
which is not a carrier which conveys
passengers in interstate commerce. |
|
| (1) |
Approval. No person shall
erect, construct, or operate a public water system, nor undertake substantial
enlargements, extensions, additions, modifications, renovations or repairs to
any public water system, including storage, distribution, purification, or
treatment components, without having first secured the Division's approval of:
the source of water supply; the means and methods of treating, purifying,
storing and distributing said water; and obtaining a permit to operate a public
water system, except as provided by paragraph (2) of this Section. The approval
of the Director must be obtained prior to the dividing of a public water
system. For purposes of these rules "substantial" as used in this Section shall
not include routine maintenance. |
| (2) |
Limited Additions.
Governmentally owned public water systems and water authorities with qualified
staff and meeting operating criteria developed by the Division may, with prior
approval from the Division, approve limited additions to the water system.
These additions will be limited to water distribution lines to serve
subdivisions, apartment complexes and shopping centers. The review of other
additional types of water distribution system additions and/or extensions may
be delegated to those local governments that have demonstrated the capability
for such reviews. All delegations shall be by written agreement. Additions
approved by the water system must be reported annually in a format prescribed
by the Division. |
| (3) |
Local
Governmental Approval. Before a person may initiate construction of a
new public water system or increase the capacity of an existing public water
system, the person shall notify the local government in which the system is
located and obtain the local government's approval for development of the
project within its jurisdiction, prior to the submittal of the plans and
specifications to the Division for approval. To the extent practicable, the
person should avoid locating part or all of the new or expanded facility at a
site which:
| (a) |
is subject to a significant
risk from earthquakes, floods, fires or other disasters which could cause a
breakdown of the public water system or a portion thereof; or |
| (b) |
except for intake structures, is within
the floodplain of a 100- year flood or is lower than any recorded high tide
where appropriate records exist; or |
| (c) |
is on or in close proximity to an
abandoned landfill or any other site used for waste disposal. |
|
| (4) |
Connect to Local
Governmental Public Water System. Any person who desires to own or
operate or who desires to commence the operation of a public water system shall
first evaluate connecting to an existing local governmentally owned and
operated public water system. |
| (5) |
Approval for No Connection to Local Governmental Public Water
System. No approval of the plans and specifications for the development
of a separate source of water supply or the construction of the water system
will be made and no permit to operate will be issued until the owner has
provided acceptable certification to the Division outlining the reasons why the
system cannot connect to an existing local governmentally owned water
system. |
| (6) |
Pre-Operating
Compliance Conditions. Beginning January 1, 1998, the Division shall
require compliance with the following conditions prior to the issuance of the
initial permit to operate to a new privately owned community public water
system:
| (a) |
The owner shall provide written
certification from the local government in which the system is located, that
the local government is in concurrence with the development of the privately
owned public water system. The certification shall be provided to the Division
with the submission of the permit application and prior to or concurrently with
the submission to the Division of the plans and specifications for construction
of the proposed public water system. |
| (b) |
The owner must retain a Professional
Engineer, registered in the State of Georgia, to prepare plans and
specifications for approval by the Division for the construction of the
proposed public water system, and the owner shall submit to the Division a
certification from the engineer that the water system was constructed according
to the plans and specifications approved by the Division. The public water
system must be designed and constructed in accordance with the Division's
"Minimum Standards for Public Water Systems", latest edition. |
| (c) |
The owner must submit to the Division for
approval, a multiyear business plan which adequately demonstrates the water
system's managerial and financial capacity to comply with all drinking water
regulations in effect, or likely to be in effect. The business plan shall be
prepared in accordance with the Division's "Minimum Standards for Public Water
Systems", latest edition. The business plan shall be updated at intervals
determined by the Director. |
| (d) |
The
owner must provide an approved back-up water source, such as an additional
well, capable of providing adequate water service if the primary source becomes
nonfunctional. The requirement for an approved back-up water source may be
waived by the Director for systems with less than 25 service
connections. |
|
| (7) |
Treatment Products and Materials. Products added directly to
drinking water for its treatment or introduced indirectly into drinking water
through its contact with surfaces of materials or products used for its
treatment, storage, transmission, or distribution shall not adversely affect
drinking water quality and public health.
| (a) |
All treatment chemicals that come into contact with drinking water shall be
certified for conformance with American National Standards Institute/National
Sanitation Foundation Standard 60 (ANSI/NSF Standard 60) by an American
National Standards Institute (ANSI) approved third-party certification program
or laboratory. |
| (b) |
All products
that come into contact with drinking water during its treatment, storage,
transmission or distribution shall be certified for conformance with American
National Standards Institute/ National Sanitation Foundation Standard 61
(ANSI/NSF Standard 61) by an American National Standards Institute (ANSI)
approved third-party certification program or laboratory. |
|
| (8) |
Infrastructure Security.
Public water systems must provide appropriate measures to protect and secure
its critical drinking water supply infrastructure, including its water source,
treatment, distribution, and any other component that is deemed pertinent to
the safe operation and maintenance of the drinking water supply
system. |
| (9) |
Performance Bond
or Letter of Credit
| (a) |
A performance
bond or letter of credit may be required by the director to further assist in
the assurance that a public water system serving year-round residents maintains
compliance with the established contaminant levels and the provision of an
adequate supply of water at or above the required minimum pressure. Such a
performance bond or letter of credit shall be required of the owner or operator
of any public water system serving year-round residents if:
| 1. |
After the first violation of contaminant
or water supply standards or requirements, the owner or operator of the public
water system fails to make the necessary corrections after receiving a notice
from the director specifying:
| (i) |
The
corrections which must be made; and |
| (ii) |
A reasonable period of time for the
completion of necessary corrective action; or |
|
| 2. |
After a second violation of contaminant or
water supply standards or requirements, the director makes a determination,
based on factors such as past performance, frequency and severity of
violations, and timeliness of corrective action, that a performance bond or
letter of credit is required. |
|
| (b) |
Any owner or operator of a public water
system serving year-round residents who is required to obtain a performance
bond or letter of credit pursuant to Rule
391-3-5-.05(9)(a)
shall file with the director the following:
| 1. |
A performance bond, payable to the
director and issued by an insurance company authorized to issue such bonds in
this state; or |
| 2. |
An irrevocable
letter of credit, issued in favor of and payable to the director, from a
commercial bank or other financial institution approved by the
director. |
|
| (c) |
The bond
or letter of credit required in Rule
391-3-5-.05(9)(b)
shall be:
| 1. |
Conditioned upon faithful
compliance with the Georgia Safe Drinking Water Act of 1977, the Rules for Safe
Drinking Water Chapter 391-3-5, and the conditions and terms of the permit
issued for the operation of the public water system; |
| 2. |
In such amount as determined by the
director as necessary to ensure the continued lawful operation of the public
water system for a period up to ten years in the event the owner or operator
fails to do so; provided, however, the range shall be as follows:
| (i) |
Systems with 25 service connections or
less -- an amount not to exceed $30,000.00; |
| (ii) |
Systems with 26 to 50 service
connections -- an amount not to exceed $40,000.00; or |
| (iii) |
Systems with more than 50 service
connections -- an amount not to exceed $50,000.00; |
|
| 3. |
Subject to termination or expiration only
upon 120 days' written notice to the director; and |
| 4. |
Conditioned upon coverage for any
violation occurring during the term of the bond or letter of credit of which
written notice has been given to the owner or operator prior to 120 days after
said term even though the initial or final determination of the violation
occurs after the term of the bond or letter of credit. |
|
| (d) |
If an existing bond or letter of credit
is to expire or terminate, the owner or operator of the public water system
shall file a replacement bond or letter of credit meeting the requirements of
this subsection at least 60 days prior to the termination or expiration of the
existing bond or letter of credit. |
| (e) |
Upon a determination by the director that
an owner or operator has violated the Georgia Safe Drinking Water Act of 1977,
the Rules for Safe Drinking Water Chapter 391-3-5, or the terms or conditions
of a permit, the director may, after written notice of the violation to the
owner or operator:
| 1. |
Forfeit or draw that
amount of such bond or letter of credit that the director determines necessary
to correct the violations determined and continue the lawful operation of the
public water system; and |
| 2. |
Expend
such amount for such purposes. |
|
| (f) |
No action taken by the director pursuant
to this subsection, including the forfeiture of a bond or the drawing of funds
from a letter of credit, shall relieve the owner or operator of a public water
system from compliance with all provisions of this part, including the
requirement to maintain in full force and effect a bond or letter of credit
meeting the requirements of this subsection. |
| (g) |
Every permit issued under the Rules for
Safe Drinking Water, Chapter 391-3-5, shall be conditioned upon compliance with
Rule 391-3-5-.05(9). |
| (h) |
The provisions of Rule
391-3-5-.05(9)
shall not apply to:
| 1. |
Any public water
system of the state, an agency of the state, a county, a municipality, or of
any other political subdivision or governmental entity; |
| 2. |
Any water system owned by a church or
other religious institution; |
| 3. |
Any
water system owned or provided by an employer and used primarily to serve
employees; and |
| 4. |
Any water system
which is jointly owned by private individuals who are the users of the water
supplied by the system. |
|
|
| (1) |
General Provisions. For any
activity listed in paragraph (1) of Section
391-3-5-.04 an engineering report
prepared by a professional engineer shall be submitted to the Division prior to
the preparation of the final construction plans and specifications. Plans and
Specifications shall be prepared by a professional engineer and submitted to
the Division, accompanied by a letter of submittal identifying the project,
owner and owner's address. No construction shall be initiated without prior
approval from the Division. The engineering report and/or plans and
specifications may be waived by the Director when information submitted by the
supplier of water allows an engineering appraisal of the proposed activity to
be made by the Division as follows:
| (a) |
For
minor extensions, additions and/or modification to an existing governmentally
owned public water systems which do not affect the normal operation of said
water system. |
| (b) |
For new public
water systems which are classified as transient non-community water systems and
for additions to existing transient non-community water systems. |
|
| (2) |
Engineering
Report. The Engineering report shall contain a comprehensive description
of the proposed activity including, but not limited to the following:
| (a) |
scope and description of proposed
activity; |
| (b) |
description of the
proposed source of water supply, and data concerning the quality of the
water; |
| (c) |
pertinent information
regarding present available sources of water supply, water treatment
facilities, and existing public water systems; |
| (d) |
sufficient maps, diagrams, charts,
tables, calculations, basis of design data and graphs to make the reports
readily understandable; all sheets shall be descriptively labeled and bound
together or folded in a folder attached to the report; |
| (e) |
operational and maintenance program
description; |
| (f) |
the known
character and depth of the natural earth formations through and from which
groundwater sources are to developed; |
| (g) |
factors which may affect the quality of a
source of water supply as determined by a survey of the water shed above the
surface water intake or the surrounding area of a groundwater source. |
|
| (3) |
Minimum
Standards. Beginning January 1, 1998, all new, additions, or extensions
to public water systems shall be designed and constructed in accordance with
the latest edition of the Division's "Minimum Standards for Public Water
Systems". |
| (4) |
Plans and
Specifications. Plans and specifications must be submitted with
additional copies as may be requested, and shall include, but not be limited to
the following:
| (a) |
map plans of the area to
be served by the public water system, including, but not limited to:
geographical location of the project, location of all existing and proposed
streets in the area to be served, location of the source of water supply and
the treatment facilities, and elevations of the principal parts of the public
water system; |
| (b) |
detailed plans of
the location and the construction of the storage tank, water mains, valves,
fire hydrants and appurtenances; |
| (c) |
detailed plans of: the location and
construction of the water treatment facilities including layout and
relationship of the various units of the treatment facility; general piping,
pumps, reservoirs, flow measuring devices, controls, points of chemical
application, water sampling points, plant control laboratory, chemical feed
equipment and chemical storage area. Sufficient dimensions and elevations shall
be provided to make all parts of the readily understandable. |
| (d) |
the dimensions of the plan sheets must be
within the following limits: twenty (20) to thirty (30) inches in height and
twenty-four (24) to forty-two (42) inches in length, and shall be of sufficient
clarity to be microfilmed; |
| (e) |
each
plan sheet shall have printed thereon the name and location of the public water
system, name and registration stamp of the professional engineer, scale, true
and magnetic north, and shall be bound together and numbered
consecutively; |
| (f) |
if the plans are
solely for extensions to an existing public water system, only such information
as is necessary for comprehension of the plans and construction of the project
will be required; |
| (g) |
specifications will be separate from the plans and shall have printed thereon
the name and location of the public water system, name and stamp of the
professional engineer, and shall be bound together and numbered
consecutively; |
| (h) |
specifications
for the construction of the public water system shall accompany all plans for
new or existing public water systems and shall describe the plans for the whole
and for each unit or component of construction of the proposed public water
system, including where necessary, testing and disinfection, painting,
laboratory equipment, metering and recording devices and related
material; |
| (i) |
the specifications
may be omitted for extensions or additions to existing systems provided the
proposed construction is in accordance with specifications previously approved
and on file with the Division; |
| (j) |
manufacturers' brochures of specifications of materials are not acceptable for
purposes of this requirement. |
|
| (5) |
Deviations from Approved
Plans. Any significant deviation from the approved plans or
specification must receive prior approval by the Division. |
| (6) |
Installation According to Plans and
Specifications. Upon completion of the installation of the public water
system or any modification, the owner must send to the Division a statement
from the engineer who prepared the plans and specifications that the system, as
installed, is in accordance with the approved plans and
specifications. |
| (7) |
Integrity
of Treatment Units or Equipment. Approval of plans and specifications by
the Division does not include approval of the structural, electrical,
mechanical, or design integrity of the treatment units or equipment. |
| (8) |
Construction Without Division
Approval. At the discretion of the Director, an existing public water
system that is constructed without obtaining prior approval from the Division
may be considered acceptable by the Director, provided all of the following are
accomplished to the satisfaction of the Division:
| (a) |
An engineering evaluation of the
constructed facilities is made by a professional engineer, licensed in the
state of Georgia, to evaluate and certify conformance of the constructed
facilities with all of the applicable sections of the rules in this Chapter.
The engineer's certification, along with the "as-built" plans and
specifications must be submitted to the Division for review and
comment. |
| (b) |
All items, data,
documentation and information required for source approvals and permit
issuances for a public water system, as stated in the rules of this Chapter,
must be submitted to the Division. Any additional and/or corrective action that
is required by the Division for the owner or operator of the system to
complete, prior to issuance of the permit, must be accomplished within ninety
(90) days from the date of notification by the Division. |
|
| (1) |
Source of Water Supply. The
source of water supply for all public water systems must have the approval of
the Division and a valid ground water (Ground Water Use Act of 1972, as
amended) or surface water (Georgia Water Quality Control Act of 1977, as
amended) withdrawal permit where applicable. Beginning January 1, 1998, all
owners and operators of new community public water systems with groundwater
sources must provide an approved back-up water supply source, capable of
providing adequate water service, if the primary source becomes nonfunctional.
The Director may waive this requirement for systems with less than 25 service
connections. Beginning December 1, 2009, any new ground water source must
provide treatment that reliably achieves at least 4-log (99.99%) treatment of
viruses before or at the first customer.
| (a) |
All sources of water supply must be adequate as determined by the Division to
meet anticipated growth. For human consumption in a community water system, one
hundred (100) gallons per day for the projected population to be served at the
end of the design period shall be considered adequate.
| 1. |
Beginning January 1, 1998, all new sources
constructed for water supply systems, that are required to comply with the
rules in this Chapter, shall be metered. |
| 2. |
Beginning January 1, 1999, permitted water
systems shall meter their existing water supply sources, when required by the
Division or when the system's existing permit to operate a public water system
is renewed or modified. |
|
| (b) |
The water must be of such quality that
with reasonable treatment it will meet the Safe Drinking Water Rules of this
Chapter. |
| (c) |
Before approval of a
surface water source the following procedures and requirements must be met:
| 1. |
Raw water samples from the proposed source
shall be collected by the supplier or designee and submitted to a certified
laboratory for microbiological analysis for the period of time and frequency
specified by the Division. |
| 2. |
The
supplier shall have the water from the proposed source analyzed for the
physical, chemical and radiological parameters specified by the Division in a
laboratory acceptable to the Division and shall furnish a copy of the results
of the analysis to the Division. |
| 3. |
For an impoundment source, allowance must be made for water losses including
required releases, evaporation, seepage and siltation. Available stream flow
and weather records must be used in estimating the yield of the
source. |
| 4. |
For water supply
reservoirs, a reservoir management plan shall be developed in accordance with
Rule 391-3-16-.01(8). |
| 5. |
A Source Water Assessment Plan (SWAP) for
the proposed surface water source intake must be developed in accordance with
the Division's Source Water Assessment and Protection Implementation
Plan for Public Drinking Water Sources, as outlined in Section
391-3-5-.42 of this
Chapter. |
|
| (d) |
Before
approval of a ground water source, whether from a well or a spring, the
following procedures and requirements must be met:
| 1. |
Raw water samples of the proposed source
shall be collected by the supplier and submitted to a laboratory certified by
the Division for microbiological analysis for a period of time and frequency
specified by the Division. |
| 2. |
The
supplier shall, when directed by the Division, have the water from the proposed
source analyzed for the physical, chemical and radiological parameters
specified by the Division in a laboratory acceptable to the Division and shall
furnish a copy of the results of the analysis to the Division. |
| 3. |
Any drilled well previously used as a
source of public water supply but inactive for three or more years and proposed
to be reactivated as a source of supply shall be test pumped and meet the
requirements of subparagraphs 1. and 2. of this paragraph. |
| 4. |
A Source Water Assessment Plan (SWAP) for
the proposed ground water source must be developed, as applicable, in
accordance with the Division's Source Water Assessment and Protection
Implementation Plan for Public Drinking Water Sources, as outlined in
Section 391-3-5-.42 of
this Chapter. |
|
| (e) |
The
Division may direct that a ground water source be evaluated for the influence
of surface water. Within eighteen (18) months of Division notification that a
ground water source is under the direct influence of surface water, the
supplier shall install filtration treatment and may be required by the Division
to install additional treatment in accordance with subparagraph (a) of Rule
391-3-5-.09. |
|
| (1) |
Approval. No person shall construct a well as a source of water
supply for a public water system without having first obtained approval from
the Division. This requirement may be waived by the Director during emergency
situations. Any well that is constructed and does not meet the rules of this
Chapter shall not later be used as a drinking water source for a public water
system. |
| (2) |
Prohibited
Wells. Dug, bored, or jetted wells are prohibited for all new public
water systems. |
| (3) |
Protection
from Contamination. Each well must be protected from contamination by
surface waters and other sources of contamination. The location of wells must
be in compliance with the following criteria:
| (a) |
generally at the highest point, and as
far removed, and in a direction opposite to the ground water flow from any
known or probable source of contamination as the general layout of the premises
and surroundings will permit; |
| (b) |
not less than fifty (50) feet from a septic tank; |
| (c) |
not less than one hundred (100) feet away
from a septic tank absorption field; |
| (d) |
not less than ten (10) feet away from a
sewer; |
| (e) |
not less than one
thousand (1,000) feet away from a solid waste disposal site and not in a
direction where ground water flow from the site may be intercepted by the
well; |
| (f) |
as far removed as
possible from all open abandoned wells; |
| (g) |
in areas of sink holes, a survey may be
required by the Division to determine the most suitable well location if there
is insufficient information available to make such determination. |
| (h) |
no well shall be located in the flood
plain unless adequate protection is provided to prevent submergence of the well
casing, pumps and appurtenances; |
| (i) |
variation of the distance from areas of
known or probable sources of contamination may be permitted or required by the
Division due to topography, local soil or geologic conditions. |
|
| (4) |
Fill, Plug and
Seal. Whenever a bore hole of any depth is excavated for, but not used
as a source of water supply it shall be the supplier's responsibility to fill,
plug and seal the hole within thirty (30) days of the excavation in a manner
approved by the Division to restore as nearly as possible the natural earth
condition existing before the hole was excavated and to protect against
contamination of the ground water. This paragraph shall not apply where some
other use is made of the ground water from the well hole. |
| (5) |
Well Construction Standards.
All wells must be constructed as hereinafter provided, however, deviations from
these rules may be permitted or required by the Division due to the variable
conditions of the subsurface and ground water quality in a specific area.
| (a) |
Drilling fluids must be from an
uncontaminated source or must be disinfected. |
| (b) |
All permanent casing, liners, screens and
other manufactured material used in the well installation must be new and
adequate to protect the well against entrance of contaminants during the
expected life of the well. All casing and liner pipe joints shall be water
tight the entire length in drilled wells.
| 1. |
Steel pipe well casing shall conform to American Society for
Testing and Materials (ASTM) Specification A 120 or A 53
American Petroleum Institute (API) Specification 5L or 5LS or equal standard
and meet the following minimum wall thickness unless otherwise approved by the
Division.
|
Nominal Casing Diameter
(inches)
|
Minimum Wall Thickness
(inches)
|
|
4
|
0.188
|
|
5
|
0.188
|
|
6
|
0.188
|
|
8
|
0.219
|
|
10
|
0.250
|
|
12
|
0.250
|
|
14
|
0.312
|
|
16
|
0.312
|
|
18
|
0.375
|
|
20
|
0.375
|
|
24
|
0.375
|
|
| 2. |
The use of plastic well casing and screens must be approved by the Division
prior to well installation. The well casing and couplings shall meet the
requirements of the ASTM Standard F 480 or equal standard and the National
Sanitation Foundation for use with potable water. When approved for use by
Division, plastic well casing shall conform to the following minimum wall
thickness unless otherwise approved by the Division.
|
Nominal Casing Diameter
(inches)
|
Minimum Wall Thickness
(inches)
|
|
4
|
0.265
|
|
4.5
|
0.291
|
|
6
|
0.390
|
|
8
|
0.508
|
|
10
|
0.632
|
|
12
|
0.750
|
Plastic well casing and screen shall not extend to a depth of
greater than 300 feet below the ground surface.
|
|
| (c) |
The outer, permanent, protective casing
shall extend at least five (5) feet into the first solid, unweathered or
impervious subsurface rock strata encountered, and shall have a minimum length
of twenty-five (25) feet from the ground surface into a well excavated into
water-bearing formations in crystalline rocks and fifty (50) feet in a well
excavated into sedimentary water-bearing formations. The outer, permanent,
protective casing shall be cement grouted its entire length with a cement
slurry consisting of not more than six (6) gallons of water to one cubic foot
cement, plus standard additives, when necessary, to facilitate placing or
setting and shall be placed under pressure from the bottom of the annular space
to be grouted upward until the grout is extruded at the earth's surface. The
wall thickness of the cement grout surrounding the outer, permanent, protective
casing shall be not less than one and one-half (1-1/2) inches at any point.
Subsurface well construction shall cease for at least twenty-four (24) hours
after grouting. Other grouting materials for sealing the annular space may be
used upon the approval of the Division prior to well construction. |
| (d) |
Any ground water of unacceptable quality
encountered during the well construction must be sealed off. |
| (e) |
The gravel for gravel-packed wells must
be washed, free of organic matter, and composed of well rounded
particles. |
|
| (6) |
Stoppage During Construction. During the periods of stoppage of
the well construction and when the site is unattended, the drilling contractor
must have the well opening securely covered to prevent tampering and possible
contamination. |
| (7) |
Sanitary
Conditions. During the well construction, the premises, construction
material, tools and equipment must be maintained in a sanitary manner to
prevent contamination of the well by the person excavating the well. |
| (8) |
Proper Well Development.
Every well must be properly developed, disinfected, and pump tested by the
drilling contractor. The well must be test pumped at not less than the desired
yield for a period of at least twenty-four (24) hours and shall continue for at
least four (4) hours after the pumping level has stabilized. The static water
level, drawdown and pumping water level must be measured. |
| (9) |
Disinfection of the Well.
| (a) |
The well must be disinfected prior to the
pumping test by the introduction of a chlorine solution into the well under
sufficient pressure to overcome the natural flow pressures of all developed
water-bearing zones, and in sufficient quantity to produce a minimum chlorine
residual of fifty (50) parts per million in six (6) hours after such
application. |
| (b) |
After
disinfection, the well must be pumped until no trace of chlorine remains in the
water, and water samples taken for microbiological analysis. No water may be
furnished for human consumption until samples of water are collected by the
supplier, and submitted to the Division for microbiological examination, and
the quality of the water approved by the Division. If the water samples
submitted are found to be unsatisfactory, the disinfection procedure must be
repeated as required by the Division. |
| (c) |
The permanent pump and pumping equipment
shall be disinfected with a chlorine solution prior to being placed into
service. |
|
| (10) |
Licensed Water Well Contractor. The person constructing the well
shall be a licensed water well contractor in the State of Georgia in accordance
with the provisions of the Water Well Standards Act of 1985 (O.C.G.A. § 12-5-120, et. seq.). The
contractor must maintain accurate driller logs, material setting and grouting
data, complete results of the pump test, including water level measurements,
and must furnish a signed copy of the results to the owner and to the Division
on forms provided by the Division. |
| (11) |
Installation Standards. A
well used as a source of water supply must include the following:
| (a) |
A concrete slab with a minimum thickness
of six (6) inches shall be constructed around the well casing and shall extend
at least two (2) feet in all directions, and slope away, from the
casing. |
| (b) |
The well casing shall
extend at least twelve (12) inches above the concrete slab of the
floor. |
| (c) |
For submersible pump
installations, the well casing shall be provided with a sealed cover plate and,
when required by the Division, vented by a screened riser pipe so that the
screened opening terminated downward at least twelve (12) inches above the top
of the casing or ground level. |
| (d) |
For turbine pump installations, a concrete block to support the pump motor
shall be constructed around the outer well casing and shall extend at least
twelve (12) inches above the concrete slab, and:
| 1. |
the outer casing shall extend at least one
(1) inch above the pump motor block; |
| 2. |
the well head and pump base shall be
sealed to prevent seepage and the casing shall be vented by a screened riser
pipe so that the screen opening terminates downward and above any point of back
flow of contaminants into the well; and |
| 3. |
oil lubricated vertical turbine pumps
shall be lubricated with an acceptable turbine oil as prescribed by the pump
manufacturer. |
|
| (e) |
A raw
water sampling tap shall be provided on the well discharge pipe. |
| (f) |
An access port of not less than
five-eights (5/8) inch in diameter, with screw cap, for water level
measurements; a deep well air line and gage may also be used in conjunction
with the access port. |
|
| (12) |
Deepening Existing Wells.
Existing wells that are deepened shall be regarded by the Division as a
development of a new ground water source and must meet the requirements for
approval. |
| (13) |
Rehabilitating
Existing Wells. When an existing well is rehabilitated or reworked, the
well shall be disinfected according to procedures described in this
Section. |
| (14) |
Infrastructure
Security. The pumping and water treatment equipment shall be protected
from unauthorized entry and use by an enclosed shelter or enclosed by a fence.
In addition, the water treatment equipment shall be enclosed in a weather proof
shelter. |
| (1) |
Enclosure
Required. A spring to be used as a source of water supply for a public
water system must be protected by an enclosed structure. The walls of the
structure must extend down to bedrock, or into the soil sufficiently to provide
for a proper foundation to prevent surface water infiltration. |
| (2) |
Runoff Diversion. All
surface water runoff must be diverted from the spring. |
| (3) |
Surface Water Entry. The
spring must be protected from any entry of surface water. |
| (4) |
Overflow. The overflow from
the spring's enclosed structure must be designed to prevent entrance of
contaminants or animals. |
| (5) |
Facility Enclosure. The pumping and water treatment facilities
must be enclosed in shelters that are of weather and vandal-proof
construction. |
| (6) |
Infrastructure Security. The spring area must be secured as
specified by the Division to prevent unauthorized entry. |
| (1) |
Water Treatment Facility
Requirements. All means and methods of treating, purifying and storing
water for public water systems must be approved by the Division. The Division
shall consider, but not be limited to, the following requirements when
evaluating water treatment facilities for a public water system:
| (a) |
Surface water treatment plants and ground
water treatment plants must be of such design and capacity to provide for the
required treatment of the raw water so that the drinking water will comply with
the rules of this Chapter. In addition, surface water treatment plants and
plants treating ground water under the influence of surface water must provide
facilities for filtration of the raw water, and must provide, when required by
the Division, flocculation and sedimentation of the raw water and continuous
coagulation or application of other filter aids for optimization of filter
performance.
| 1. |
Water treatment plants
processing surface water sources shall include, but not be limited to, means
for rapid mixing, flocculation, sedimentation, filtration and disinfection. The
treatment plant shall be of such construction to allow units to be taken out of
service without disrupting operation and required treatment
processes. |
| 2. |
Based upon the
quality of raw water, the quality desired in the finished water and other
factors, multiple-stage treatment facilities and/or presedimentation
facilities, shall be provided when required by the Division. |
|
| (b) |
The Division may accept new
and alternate treatment means, methods and technologies, provided the following
are demonstrated to the satisfaction of the Division:
| 1. |
The treatment method has been thoroughly
tested in full scale comparable installations by an acceptable third party, in
accordance with protocol and standards acceptable to the Division. |
| 2. |
The treatment method has been thoroughly
tested in a pilot plant approved by the Division, by an acceptable third party,
in accordance with protocol and standards acceptable to the Division, and
operated for a period that will demonstrate the effectiveness and reliability
of the proposed treatment system during changes in seasonal, and climatic
conditions. |
| 3. |
Compliance with the
treatment technique requirements of paragraph (1)(p). |
|
| (c) |
Water from a spring shall be disinfected
and retained in a detention tank for a minimum of thirty (30) minutes unless
otherwise approved by the Division; and such additional water treatment as the
Division may require for the drinking water to comply with the rules of this
Chapter. |
| (d) |
Chemical feed
equipment shall be of such design and capacity to accurately supply, at all
times, the treatment chemicals required. |
| (e) |
Chlorination equipment may be
solution-feed-gas-type but must have sufficient feed capacity for the treatment
of the raw water and drinking water to maintain a chlorine residual in the
drinking water as required by paragraph (2) of Rule
391-3-5-.14. |
| (f) |
Gas chlorination equipment and cylinders
must be housed in a separate room or facility provided for that purpose,
separated from the other treatment facilities and chemicals. The following
shall be required:
| 1. |
Chlorine cylinders
stored or used outdoors must be protected from the direct rays of the sun by
shading and additionally protected to prevent unauthorized tampering. |
| 2. |
Chlorine cylinders must be secured from
accidental tipping or movement. |
| 3. |
A chlorine gas mask or self-contained gas mask (air pack) must be provided
outside the gas chlorine room or facility or otherwise made available and be
readily accessible to the operator for repairs or emergencies. |
| 4. |
Forced air ventilation, placed near floor
level and near the cylinders, must be provided to exhaust any leaking chlorine
gas from a confined room or facility. Exhaust fumes must be directed away from
the entrance to the room or facility. The fan must be activated by an outside
switch or start automatically when the door is opened. |
| 5. |
A small bottle of fresh ammonia solution
shall be provided for testing for chlorine gas leaks. |
|
| (g) |
Hypochlorite feeders are not required to
be placed in a separate room or facility. |
| (h) |
Other means of disinfection such as
iodine, ultra-violet light, or ozone treatment may be approved by the
Division. |
| (i) |
There must be
sufficient space for chemical storage. |
| (j) |
Fluoridation equipment and chemicals,
where used, must be placed in a separate room or facility provided for that
purpose, unless otherwise approved by the Division. |
| (k) |
Each water treatment facility must have,
as may be required by the Division, a laboratory and laboratory equipment to
perform daily tests pertinent to the proper control of the required water
treatment operations. |
| (l) |
Water
sampling taps shall be placed in the water treatment facility, as may be
required by the Division, for obtaining water samples to perform laboratory
tests to ensure the proper functioning of the water treatment
facility. |
| (m) |
A metering device to
measure the flow of raw water and/or treated water is required for all surface
water treatment plants and all new wells serving public water
systems. |
| (n) |
Water from a well used
as a source of water supply shall be disinfected unless otherwise approved by
the Division and such additional water treatment as the Division may require
for the drinking water to comply with the rules of this Chapter. |
| (o) |
Chemical water treatment equipment must
be installed in such a manner to prevent back-siphonage or overdosing of the
chemicals to the water supply. |
| (p) |
Each public water system with a surface water source or a ground water source
under the direct influence of surface water must provide treatment of that
source water that complies with these treatment technique requirements. The
treatment technique requirements consist of installing and properly operating
water treatment processes which reliably achieve:
| 1. |
At least 99.9 percent (3-log) removal
and/or inactivation of Giardia lamblia cysts between a point
where the raw water is not subject to recontamination by surface water runoff
and a point downstream before or at the first customer; and |
| 2. |
At least 99.99 percent (4-log) removal
and/or inactivation of viruses between a point where the raw water is not
subject to recontamination by surface water runoff and a point downstream
before or at the first customer. |
| 3. |
At least 99 percent (2-log) removal of Cryptosporidium between
a point where the raw water is not subject to recontamination by surface water
runoff and a point downstream before or at the first customer for filtered
systems. This treatment technique requirement is applicable to Subpart H
systems serving at least 10,000 people, beginning January 1, 2002, and to
systems serving fewer than 10,000 people, beginning January 14, 2005. |
|
| (q) |
Effective June 29, 1993, each
public water system with a surface water source or a ground water source under
the direct influence of surface water source shall conduct continuous
monitoring of the residual disinfectant concentration of the water entering the
distribution system. The continuous online chlorine analyzer shall be
calibrated in accordance with EPA Method 334.0. Systems must record the results
of the residual disinfectant monitoring every fifteen (15) minutes, and record
and report the lowest value each day, except if there is a failure in the
continuous monitoring equipment, grab sampling every 4 hours may be conducted
in lieu of continuous monitoring, but for no more than 5 working days following
the failure of the equipment, and systems serving 3,300 or fewer persons may
take grab samples in lieu of providing continuous monitoring on an ongoing
basis at the frequencies each day prescribed below:
|
Population
Served
|
Samples per
day1
|
|
500 or fewer
|
1
|
|
501 to 1,000
|
2
|
|
1,001 to 2,500
|
3
|
|
2,501 to 3,300
|
4
|
Note: 1 The day's samples cannot
be taken at the same time. The sampling intervals are subject to Division
review and approval. The residual disinfectant concentration in the water
entering the distribution system cannot be less than 0.2 mg/L for more than
four hours. If at any time the residual disinfectant concentration falls below
0.2 mg/L in a system using grab sampling in lieu of continuous monitoring, the
system must take a grab sample every 4 hours until the residual disinfectant
concentration is equal to or greater than 0.2 mg/L.
| 1. |
Maintenance of the disinfectant residual
in the distribution system must conform to paragraph (2) of Rule
391-3-5-.14. |
| 2. |
Until March 31, 2016, the residual
disinfectant concentration must be measured at least at the same points in the
distribution system and at the same time as total coliforms are sampled, as
specified in 40 CFR § 141.21 |
| 3. |
Beginning April 1, 2016, the residual
disinfectant concentration must be measured at least at the same points in the
distribution system and at the same time as total coliforms are sampled, as
specified in Rule
391-3-5-.55(4) through
(8). The Division may allow a public water
system which uses both a surface water source or a ground water source under
the direct influence of surface water, and a ground water source, to take
disinfectant residual samples at points other than the total coliform sampling
points if the Division determines that such points are more representative of
treated (disinfected) water quality within the distribution system.
Heterotrophic bacteria, measured as heterotrophic plate count (HPC) as
specified in 40 CFR § 141.74(a)(1), may be
measured in lieu of residual disinfectant concentration. |
|
| (r) |
Filter backwash recycling requirement:
40 CFR § 141.76 is hereby incorporated by reference.
All subpart H systems that employ conventional filtration or direct filtration
treatment and that recycle spent filter backwash water, thickener supernatant,
or liquids from dewatering processes must meet the requirements in paragraphs
(b), (c) and (d) of 40 CFR
§ 141.76.
| 1. |
Treatment technique requirement. Any
system that recycles spent filter backwash water, thickener supernatant, or
liquids from dewatering processes must return these flows through the processes
of a system's existing conventional or direct filtration system as defined in
40 CFR § 141.2 or at an alternate location approved by
the Division by June 8, 2004. If capital improvements are required to modify
the recycle location to meet this requirement, all capital improvements must be
completed no later than June 8, 2006. |
| 2. |
Record keeping. The system must collect
and retain on file recycle flow information specified in paragraphs (d)(1)
through (6) or 40 CFR § 141.76 for review and evaluation by the
Division beginning June 8, 2004. |
|
|
| (1) |
Design for Flow and
Pressure. The water distribution system must be designed and the water
lines sufficiently sized to furnish at all times the instantaneous demand flow
of water required and to maintain at all times a pressure of twenty (20) pounds
per square inch at each service connection in the distribution system under all
conditions of flow. |
| (2) |
Looped
Lines. Distribution lines must be looped whenever possible. |
| (3) |
Metering. Beginning January
1, 1998, all new services connected to community and non-transient
non-community water systems shall be metered, unless specifically directed
otherwise by the Director. For existing water systems, metering of existing
services shall be performed when required by the Director. |
| (4) |
Prevent Contamination. It is
the responsibility of the supplier of water to maintain the distribution system
to prevent contamination of the drinking water and to provide the required
pressure and flow at all times. |
| (5) |
Minimum Pipe Size. The
minimum size water main shall be two (2) inches in nominal diameter. The
Division may allow for a departure in sizing provided it is justified by
hydraulic analysis and future water use of the area to be served and such
departures will be considered only in special circumstances. |
| (6) |
Lines in Contaminated Areas.
Water lines must not be installed in contaminated areas such as sanitary
landfill or dump areas. |
| (7) |
Sewer Line Contact. No water
main or pipe shall pass through or come into contact with any part of a sewer
or sewer manhole. |
| (8) |
Minimum
Cover. The minimum recommended cover for water distribution mains or
lines shall be twenty-four (24) inches. |
| (9) |
Installation Requirements.
All newly installed distribution mains and appurtenances shall be flushed,
pressure tested and disinfected. |
| (10) |
Lead Free. Any pipe, solder
or flux which is used in the installation or repair of any public water
distribution system shall be lead free with not more than 8.0% lead in pipes
and fittings; and not more than 0.2% lead in solders and flux. This does not
apply to leaded joints necessary for the repair of cast iron pipes. |
| (11) |
Notification of Lead-containing
Service Lines. Suppliers of water shall identify and report to the
Division any lead pipe and/or lead service connections known to be installed in
the distribution system. Suppliers shall adopt a local plumbing code that
requires use of lead free solder for plumbing. |
| (12) |
Infrastructure Security.
Public water distribution network and its related components must be protected
to prevent unauthorized tampering. |
| (1) |
Tank Requirements. All
storage tanks must be provided with a permanent cover, screened vents and
openings, overflow piping and means of draining. |
| (2) |
Interior Paint. The paint
used for the interior of a storage tank must be approved by the
Division. |
| (3) |
Approval for
Repairs. Repairs and renovations to existing storage tanks that may
affect the quality of the drinking water must receive approval from the
Division prior to starting such work. Upon completion of such work the storage
tank must be disinfected according to Rule
391-3-5-.12. |
| (4) |
Contamination Prevention. It
is the owner's responsibility to maintain the storage tank or tanks to prevent
contamination of the drinking water by infiltration or other means. |
| (5) |
Buried Tanks. Buried or
semi-buried storage tanks must have the ground surface sloping away from the
facility. |
| (6) |
Pressure
Tanks. Hydropneumatic pressure tanks must be provided with devices for
maintaining the air-water volume at the designed water level and working
pressures. |
| (7) |
Pre-Service
Requirements. All new storage tanks must be cleaned, tested for leakage,
and must be disinfected according to Rule
391-3-5-.12. |
| (1) |
Disinfection Requirements. All newly constructed public water
systems including extensions, additions, modifications, or repairs to existing
public water systems including water mains, storage tanks, treatment plants,
wells, or any other pipes or parts of the public water system which may affect
the quality of the drinking water which is delivered, treated or stored, must
be disinfected before being placed into service by the supplier or water by one
of the following methods:
| (a) |
Water mains.
Any new or repaired water main must be disinfected in accordance with the
latest edition of American Water Works Association (AWWA) Standard
C651. |
| (b) |
Storage facilities. Any
new or repaired water storage facility must be disinfected in accordance with
the latest edition of American Water Works Association (AWWA) Standard
C652. |
| (c) |
Water treatment plants.
Any new or repaired portion of a water treatment plant must be disinfected in
accordance with the latest edition of American Water Works Association (AWWA)
Standard C653. |
| (d) |
Wells. Any new
well or existing well that has been rehabilitated or reworked must be
disinfected in accordance with the latest edition of American Water Works
Association (AWWA) Standard C654. |
| (e) |
Any system required to develop a
disinfection profile in accordance with the provisions specified in sections
(8)(c)(i) and (ii) of Rule
391-3-5-.20 and that decides to make
a significant change to its disinfection practice must consult with the
Division prior to making such change. Significant changes to disinfection
practice are: changes to the point of disinfection; changes to the
disinfectant(s) used in the treatment plant; changes to the disinfection
process; and, any other modification identified by the Division. Any system
that is modifying its disinfection practice must calculate its disinfection
benchmark as specified in section (8)(c)(iii) of Rule
391-3-5-.20. |
|
| (1) |
Prohibitions. No person
shall construct, maintain or operate a physical arrangement whereby a public
water system is or may be connected directly or indirectly with a non-potable
water system or non-permitted water system, sewer, drain, conduit, pool,
storage reservoir, plumbing fixture, or other device which contains or may
contain contaminated water, liquid, gasses, sewage or other waste of unknown or
unsafe quality, which may be capable of imparting contamination to the public
water system as the results of backflow, bypass arrangements, jumper
connections, removable sections, swivel or changeover devices, or other
temporary, permanent or potential connections through which or because of which
back-flow or back-siphonage could or would occur. |
| (2) |
Contamination Prevention. A
supplier of water or any person having possession or control of facilities
which may cause the contamination of a public water system has the
responsibility to prevent water from unapproved sources or any contaminants
from entering the public water system by such physical arrangements cited in
paragraph (1) of this Section. |
| (3) |
Purchasers and Resellers. Any person connecting to and purchasing
water from a public water system and reselling it to others is considered a
supplier of the water so purchased as well as a consumer, and is also
responsible for the quality of such water. |
| (4) |
Cross-Connection Control
Program. A supplier shall, when requested by the Division, develop a
control program for the elimination and prevention of all cross-connections. A
written plan for the program shall be submitted to the Division for review and
approval within two (2) years or less in accordance with a written request by
the Division. When the plan is approved, the owner shall implement the program
immediately. |
| (5) |
Conformance
with National Standards. The procedures for back-flow and back-siphonage
prevention and cross-connection control shall conform to those recommended by
the American Water Works Association, Manual 14, and the U.S. Environmental
Protection Agency Cross-Connection Manual. |
| (6) |
Backflow Prevention Assemblies
Field Testing. The supplier shall require that all backflow prevention
assemblies installed pursuant to this section be field tested following
installation, repair, or relocation and at least annually thereafter. |
| (7) |
Certified Backflow Testing.
After October 1, 2004, all required field testing shall be performed by persons
who are certified in the testing of backflow prevention assemblies by the
Georgia Statewide Backflow Prevention Assembly Certification Program, as
approved by the Division, the American Backflow Prevention Association (ABPA),
the American Society of Sanitary Engineers (ASSE) or the University of Florida
TREEO Center. |
| (8) |
Gauge
Accuracy. Gauges used in the testing of backflow prevention assemblies
shall be tested for accuracy annually in accordance with the University of
Southern California Manual of Cross-Connection Control or American Water Works
Association Manual 14. Public water systems shall require testers to include
test gauge serial numbers on "Test and Maintenance" report forms and ensure
testers have gauges tested for accuracy. |
| (9) |
Record Maintenance. Each
water supplier shall maintain records of the following for a minimum of three
(3) years:
| (a) |
Most current hazard
assessment, conducted pursuant to Section 608 of the Georgia State Minimum
Standard Plumbing Code (International Plumbing Code); |
| (b) |
Locations and types of backflow
protection and associated hazards; |
| (c) |
Results of all backflow prevention
assembly field testing and air gap inspections; and |
| (d) |
Repairs made to, or replacement or
relocation of, backflow protection. |
| (e) |
Summaries of the information in sections
(9)(a) - (d) shall be available to the Division on request for a minimum of
three years. |
| (f) |
The supplier shall
ensure that backflow prevention assemblies that fail the field test are
repaired or replaced within thirty (30) days. |
| (g) |
The supplier shall ensure that bypass
piping installed around any approved backflow preventer is equipped with a
backflow preventer providing an equivalent level of protection. |
| (h) |
Reduced pressure principal backflow
prevention assemblies shall not be installed in any location subject to
possible flooding. This includes pits and/or vaults which are not provided with
a gravity drain to the ground's surface that is capable of exceeding the
discharge rate of the relief valve. |
| (i) |
Each supplier shall notify the Division
of any known incident of backflow into the public water system as soon as
possible but no later than the end of the next business day upon discovery of
the incident. If requested to do so by the Division, the supplier shall submit
a written report of the incident describing the nature and severity of the
backflow, the actions taken by the water supplier in response to the incident,
and the action plan intended to prevent such incidents in the future. |
| (j) |
The supplier of water shall deny or
discontinue water service to a commercial consumer if a required backflow
prevention device is not installed or properly maintained. Water service shall
not be restored to such premises until the deficiencies have been corrected or
eliminated to the satisfaction of the supplier and the Division. Residential
connections shall be maintained in accordance with the Georgia State Minimum
Standard Plumbing Code (International Plumbing Code). |
|
| (1) |
Compliance with Safe Drinking Water Rules. A supplier of water
shall treat the water supplied so the water complies with the Safe Drinking
Water rules of this Chapter. Public water systems shall not use bottled water
to achieve compliance with a maximum contaminant level (MCL). Bottled water may
be used on a temporary basis to avoid unreasonable risk to health. Community
and non-transient non-community water systems shall not use point-of-use or
point-of-entry treatment units to achieve compliance with an MCL or a treatment
technique requirement. |
| (2) |
Continuous Chlorination. The supplier of water must continuously
chlorinate the water to maintain a detectable residual of free chlorine in all
parts of the distribution system in the recommended amount of at least 0.2
parts per million, and such additional amounts as may be determined necessary
by the Division, unless other means of disinfection have been approved by the
Director. If the residual disinfectant concentration is measured by approved
analytical methods and not detected, the supplier may, upon approval by the
Division, determine and report detectability by the use of heterotrophic plate
count measurements as required by
40 CFR § 141.72 (1989) and other applicable paragraphs
of 40 CFR Part
141. |
| (3) |
Disinfection Waiver. After
consideration of the microbiological quality of the source of water supply, the
local geology, the population served and the extent of the water distribution
system, the disinfection treatment may be waived by the Director. |
| (4) |
Fluoridation Requirements.
The supplier of water of a fluoridated public water system shall daily sample
and analyze the fluoride concentration of the drinking water. Daily records of
the analytical results shall be kept on forms provided by the Division or on
forms acceptable to the Division and a copy of the result submitted to the
Division in accordance with Rule
391-3-5-.30. |
| (5) |
Surface Water Source Certified
Operator. A supplier having a surface water source must have a certified
operator on duty and onsite at all times when the water plant is in operation.
A supplier having a groundwater source under the direct influence of surface
water must have a certified operator on duty and onsite at all times when the
water plant is in operation, unless otherwise approved by the Division,
depending upon the complexity of the water treatment processes, quality of the
water sources, and the size of the system. |
| (6) |
Groundwater Source Certified
Operator. A supplier having only ground water sources must have a
certified operator to comply with the classification prescribed in Section
391-3-5-.39 of this Chapter. The
Director may find that the availability of a certified operator to a system
with only groundwater sources is sufficient to comply with Section
391-3-5-.39 of this Chapter and may
so allow, but only if the Director determines that the complexity of the water
treatment processes, quality of the water sources, and the size of the system
so warrant. |
| (7) |
Record
Maintenance. The supplier of water shall maintain daily records of the
operation of the water treatment facility and water distribution system as may
be required by the Division including the amount of water treated daily,
results of the performance of daily tests pertinent to the control of the water
treatment processes, disinfectant residuals, and tests performed in the water
distribution system. Daily records shall be kept by the supplier on forms
furnished by the Division and a copy of the record submitted to the Division in
accordance with Rule
391-3-5-.30. Based on the complexity
of the water treatment process, the quality of the water sources, and the size
of the system, the Director may establish less frequent maintenance of record
requirements for small groundwater systems. |
| (8) |
Microbiological Laboratory.
All community water systems which have a surface water source with water
treatment facilities and those public water systems having only a ground water
source or only a water distribution system and serving a population of more
than 12,900 must have, or have available, the services of a microbiological
laboratory certified by the Division to perform the microbiological tests
necessary for compliance with the maximum microbiological contaminant levels.
The laboratory and equipment must be kept in good working order at all
times. |
| (9) |
Summary
Microbiological Analytical Results. A supplier of water required to
have, or have available, a microbiological laboratory under paragraph (8) of
Section 391-3-5-.14
shall collect and analyze drinking water samples in accordance with the minimum
number specified in paragraph (1) of Section
391-3-5-.23 and such additional
samples as may be required by the Director. The supplier shall furnish the
Division, on forms provided by the Division, a monthly microbiological summary
of the number of samples analyzed and the results in accordance with Section
391-3-5-.30. |
| (10) |
Routine Microbiological
Samples. The supplier of water shall collect routine drinking water
samples for microbiological analysis as follows:
| (a) |
the minimum number of routine samples per
month shall be in accordance with paragraph (1) of Section
391-3-5-.23; |
| (b) |
at the treatment plant and at various
points in the distribution system which are representative of the drinking
water when three or more samples per month are required; or |
| (c) |
at various points in the distribution
system which are representative of the drinking water when only one or two
samples per month are required. |
|
| (11) |
Certified Laboratories. For
the purposes of determining compliance with Rules
391-3-5-.18, .19, .20, .21, .22,
.23, .24, .25, .26, .27 samples may be considered only if they have been
analyzed by a laboratory certified by the Division, except that measurements
used solely for operational control, including but not limited to turbidity,
free chlorine residual, fluoride residual, temperature, pH, conductivity,
calcium, alkalinity, orthophosphate, chloramines, chlorine dioxide, chlorite
and silica may be performed by any person acceptable to the Division. |
| (12) |
Operations and Maintenance
Plan. All public surface water and ground water under the direct
influence of surface water systems shall develop an Operations and Maintenance
Plan (O & M Plan). The plan shall be prepared in accordance with the
Division's "Operation and Maintenance Plan - Guidance Manual for
Preparing Public Water Supply System O & M Plans", latest edition.
The plan shall be updated at intervals determined by the Director. For public
groundwater systems and systems that are using alternate treatment
technologies, development of such a plan may be required by the Director when
the complexity of the water treatment processes, quality of the water sources,
and the size of the system so warrant. |
| (1) |
Requirements for Records and
Retention. Any supplier of water shall retain on its premises or at a
convenient location near its premises, the following records:
| (a) |
Records of microbiological analyses and
turbidity analyses made pursuant to these rules shall be kept for not less than
five (5) years. Records of chemical analyses made pursuant to these rules shall
be kept for not less than ten (10) years. Actual laboratory reports may be
kept, or data may be transferred to tabular summaries, provided that the
following information is included:
| 1. |
the
date, place and time of sampling and the name of the person who collected the
sample; |
| 2. |
identification of the
sample as to whether it was routine distribution system sample, check sample,
raw or drinking water sample or other special purpose sample; |
| 4. |
laboratory and person responsible for
performing analysis; |
| 5. |
the
analytical technique/method used; and |
| 6. |
the results of the analysis. |
|
| (b) |
Records of action taken by the
system to correct violations of these rules shall be kept for a period not less
than three (3) years after the last action taken with respect to the particular
violation involved. |
| (c) |
Copies of
any written reports, summaries or communications relating to sanitary surveys
of the system conducted by the system itself, by a private consultant, or by
any local, state or federal agency, shall be kept for a period not less than
ten (10) years after completion of the sanitary survey involved. |
| (d) |
Records concerning a variance or
exemption granted to the system shall be kept for a period ending not less than
five (5) years following the expiration of such variance or
exemption. |
| (e) |
Any system subject
to the lead and copper requirements shall retain on its premises original
records of all sampling data, analyses, reports, surveys, letters, evaluations,
schedules, Division determinations, and any other information required by
Section 391-3-5-.25 or
.30. Each water system shall retain the records required by this rule for no
fewer than twelve (12) years. |
| (g) |
Any system subject to
disinfection profiling and benchmarking shall keep the results of the profile
and the benchmark (including raw data and analysis) indefinitely. |
| (h) |
Copies of monitoring plans developed
pursuant to this part shall be kept for the same period of time as the records
of analyses taken under the plan are required to be kept under paragraph (1)(a)
of this section, except as specified elsewhere in this part. |
|
All potable water supplies in incorporated communities and
counties lying wholly within this State must be fluoridated in compliance with
the Act.
| (1) |
Permit Required from the
Director. Any person who owns or operates a public water system or who
desires to commence operation of a public water system shall obtain a permit
from the Director. |
| (2) |
Permit
Application. Applicants for permits under Section 7 of the Act shall be
on forms as may be prescribed and furnished by the Division. The permit
application form shall be signed by the owner or their duly authorized agent.
For privately owned community public water systems, the trustee of the water
system must be clearly identified on the permit application. |
| (3) |
Additional Information. Any
applicant for a permit whose application is pending final consideration shall
upon the request of the Director provide such additional information as may be
necessary to enable the Director to properly pass upon the application. Such
additional information may include, but not be limited to, complete engineering
report, quantitative and qualitative determinations of the source of water
supply and drinking water, plans, specifications, maps, measurements, records,
documentation to demonstrate system's financial, technical and managerial
capacity with respect to drinking water regulations in effect or likely to be
in effect, source water assessments and protection plan, water conservation
plan, cross-connection plan, operations and maintenance plan, infrastructure
protection plan, and all related material. |
| (4) |
Complete Applications.
Applications for permits will be reviewed together with the submitted
information and when the Director is satisfied that the application is complete
a determination to issue or deny the permit will be made. |
| (5) |
Public Participation.
Whenever in the judgment of the Director public participation may be required
prior to the final determination to issue or deny a permit the Director may
give public notice of the proposed action. Public notice will be prepared and
circulated in a manner designed to inform interested and potentially interested
persons of the permit application. Procedures for circulation of the public
notice shall include the following:
| (a) |
Within the geographical area of the proposed or existing public water system,
the public notice shall be circulated by at least one of the following:
| 1. |
posting it in the post office or other
public building near the premises of the proposed or existing public water
system; or |
| 2. |
publication in one
(1) or more newspapers of general circulation in the area of the proposed or
existing public water system. |
|
| (b) |
Posting of the public notice in the
office of the Secretary of State. |
| (c) |
A copy of the public notice shall be
mailed to the permit applicant and a copy shall be available at the Division
office in Atlanta. |
| (d) |
Mailing of
the public notice to any person or group upon request. The Division shall
maintain a mailing list for distribution of public notices. Any person or group
may request that their names be placed on the mailing list. The request shall
be in writing to the Division office in Atlanta and shall be renewed in
December of each year. Failure to renew the request shall result in the removal
of such name from the mailing list. |
| (e) |
The Director shall provide a period of
not less than thirty (30) days following the public notice in which interested
persons may submit their written views with respect to the permit application.
All written comments submitted during the thirty (30) day comment period will
be retained by the Division and considered in the final determination of the
permit application. |
| (f) |
The
contents of the public notice will be in accordance with applicable Federal
regulations and State laws. |
|
| (6) |
Public Hearing. The Director
shall hold a public hearing if he determines that there is sufficient public
interest or need for a public hearing prior to the final determination to issue
or deny a permit.
| (a) |
Any public hearing held
pursuant to this subsection shall be held in the geographical area of the
proposed or existing public water system or other appropriate location at the
discretion of the Director. |
| (b) |
The
Director may hold one public hearing on related groups of permit
applications. |
| (c) |
Public notice of
any public hearing held pursuant to this subsection shall be provided at least
thirty (30) days in advance of the hearing date and shall be circulated in
accordance with paragraph (5) of this Section. |
|
| (7) |
Permit Conditions. A permit
issued by the Director shall stipulate such terms, and conditions and schedules
of compliance as the Director deems necessary to meet the requirements of these
rules and which are consistent and in conformity with the Act and the Federal
Act. Any permit issued pursuant to the Act may be subject to such monitoring,
recording and reporting requirements as may be reasonably required by the
Director including the installation, use and maintenance of monitoring
equipment or methods; specific requirements for recording of monitoring
activities and results; and periodic reporting of monitoring results. The
monitoring, recording and reporting requirements shall be specified in a permit
issued, provided, however, the Director may modify or require additional
monitoring, recording and reporting by written notification to the
permittee. |
| (8) |
Permit
Transfers. A permit issued by the Director may be transferred due to a
change in ownership of the public water system. The permittee shall notify the
succeeding owner by letter of the existing permit and shall surrender the
permit to the Director along with a copy of the letter to the succeeding owner.
It shall be the succeeding owner's responsibility to request a transfer of the
permit. A completed permit application shall be submitted to the Director on
the forms prescribed and furnished by the Division within 30 days of transfer.
The succeeding owner shall upon the request of the Director provide such
additional information as may be necessary (including but not limited to proof
of ownership and business plan) to enable the Director to transfer the
permit. |
| (9) |
Permit
Application Denials. Based on the information submitted or available to
the Director, a permit application may be denied by the Director for any one of
the following reasons where the proposed activity or system would:
| (a) |
present an immediate or potential health
hazard to the public, or |
| (b) |
not
adequately supply water under sufficient pressure and flow at all times,
or |
| (c) |
not meet the requirements of
these rules or the Act. |
|
| (10) |
Notice In Case of Application
Denial. In the event an applicant's permit is denied, the Director shall
serve written notice of such action to the applicant setting forth in such
notice the reason for the action. |
| (11) |
Permit Expiration Term.
Each permit issued under this Section shall have a fixed term not to exceed ten
(10) years. Upon expiration of such permit, a new permit may be issued by the
Director if after a review the Director determines that the continued operation
of such public water system meets or will meet all applicable drinking water
standards, maximum contaminant levels and all requirements of the Act and these
rules. Any permit issued under this paragraph may include any of the terms,
conditions and schedules of compliance under paragraph (7) of this
Section. |
| (12) |
Revocation,
Suspension, or Modification. The Director may revoke, suspend, or modify
a permit issued under this Section for cause, including, but not limited to,
the following:
| (a) |
violation of any condition
of said permit; |
| (b) |
obtaining a
permit by misrepresentation, or failure to disclose fully all relevant
facts; |
| (c) |
change in any condition
that requires either:
| 1. |
a temporary or
permanent decrease in the maximum contaminant levels; or |
| 2. |
elimination of the permitted
operation. |
|
|
| (13) |
Notice In Case of Permit
Revocation, Suspension, or Modification. In the event of modification,
suspension, or revocation of a permit, the Director shall serve written notice
of such action on the permit holder and shall set forth in such notice the
reason for the action. |
| (14) |
Access by Division. The Director or any agents or employees of the
Division shall be permitted access in or upon any private or public property at
all reasonable times for the purpose of investigating conditions, processes,
methods of treatment, records relating to the operation of any public water
system, compliance with any operating permit issued, to make sanitary surveys,
to determine compliance with the Act and any rules promulgated thereunder, or
to make such investigations and studies as the Director deems advisable and
necessary for the protection of the public health. |
| (15) |
Previous Permits. In the
event of reissue, modification, suspension, revocation or transfer of a permit
all previously issued permits for the system shall be surrendered to the
Division upon written notice by the Director. |
| (16) |
Compliance with Wellhead
Protection. All community public water systems utilizing ground water
sources and serving a municipality, county, or an authority are required to
comply with the Wellhead Protection section of this rule (Section
391-3-5-.40). |
| (17) |
Conformance with Minimum
Standards. Design and construction of all public water systems shall
conform to the latest edition of the Division's "Minimum Standards for
Public Water Systems". |
| (1) |
Primary
MCLs for Inorganics. INORGANICS - The maximum contaminant levels (MCLs)
for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, mercury,
nickel, selenium and thallium of this Rule apply to community water systems and
non-transient, non-community water systems. The MCLs for fluoride in this Rule
apply to community water systems. The MCLs for nitrate, nitrite, and total
nitrate-nitrite of this Rule apply to all (CWS, NTNCWS, TNCWS) public water
systems.
| (a) |
The following are the maximum
contaminant levels for inorganic chemicals:
|
Contaminant
|
Maximum Contaminant Level
(mg/L)
|
Applicable
Systems
|
|
Antimony
|
0.006
|
CWS, NTNCWS
|
|
Arsenic
|
0.010
|
CWS, NTNCWS
|
|
Asbestos
|
7 Million Fibers/Liter Longer than 10
µm
|
CWS, NTNCWS
|
|
Barium
|
2
|
CWS, NTNCWS
|
|
Beryllium
|
0.004
|
CWS, NTNCWS
|
|
Cadmium
|
0.005
|
CWS, NTNCWS
|
|
Chromium
|
0.1
|
CWS, NTNCWS
|
|
Cyanide
|
0.2
|
CWS, NTNCWS
|
|
Fluoride1,2
|
4.0
|
CWS
|
|
Lead
|
see
391-3-5-.25 Treatment
Technique
|
CWS, NTNCWS
|
|
Mercury
|
0.002
|
CWS, NTNCWS
|
|
Nickel
|
0.1
|
CWS, NTNCWS
|
|
Nitrate
|
10 (as N)
|
CWS, NTNCWS, TNCWS
|
|
Nitrite
|
1 (as N)
|
CWS, NTNCWS, TNCWS
|
|
Total Nitrate
+ Nitrite
|
10 (as N)
|
CWS, NTNCWS, TNCWS
|
|
Selenium
|
0.05
|
CWS, NTNCWS
|
|
Thallium
|
0.002
|
CWS, NTNCWS
|
NOTES:
| 1. |
Effective
date for fluoride was October 2, 1987. |
|
| (b) |
At the discretion
of the Director, nitrate levels not to exceed 20 mg/L may be allowed in a
non-community water system if the supplier of water demonstrates to the
satisfaction of the Director that:
| 1. |
such
water will not be available to children under 6 months of age; |
| 2. |
there will be continuous posting of the
fact that nitrate levels exceed 10 mg/L and the potential health effects of
exposure; |
| 3. |
local and State public
health authorities will be notified annually of nitrate levels that exceed 10
mg/L; |
| 4. |
no adverse health effects
shall result. |
|
|
| (2) |
Primary MCLs for Organics.
ORGANIC CHEMICALS - The following maximum contaminant levels for organic
contaminants apply to community water systems and non-transient, non-community
water systems. Compliance with maximum contaminant levels for the following
organics is to be calculated pursuant to Rule
391-3-5-.22.
| (a) |
Synthetic Organic Chemicals, Pesticides
and Polychlorinated biphenyls
|
Contaminant
|
Maximum Contaminant Level
(mg/L)
|
|
Alachlor
|
0.002
|
|
Aldicarb
|
Deferred
|
|
Aldicarb sulfone
|
Deferred
|
|
Aldicarb sulfoxide
|
Deferred
|
|
Atrazine
|
0.003
|
|
Benzo(a)Pyrene
|
0.0002
|
|
Carbofuran
|
0.04
|
|
Chlordane
|
0.002
|
|
Dalapon
|
0.2
|
|
Di(2-ethylhexyl) adipate
|
0.4
|
|
Di(2-ethylhexyl) phthalate
|
0.006
|
|
Dibromochloropropane (DBCP)
|
0.0002
|
|
Dinoseb
|
0.007
|
|
Diquat
|
0.02
|
|
2,4-D
|
0.07
|
|
Endothall
|
0.1
|
|
Endrin
|
0.002
|
|
Ethylene dibromide (EDB)
|
0.00005
|
|
Glyphosate
|
0.7
|
|
Heptachlor
|
0.0004
|
|
Heptachlor Epoxide
|
0.0002
|
|
Hexachlorobenzene
|
0.001
|
|
Hexachlorocyclopentadiene
|
0.05
|
|
Lindane
|
0.0002
|
|
Methoxychlor
|
0.04
|
|
Oxamyl (Vydate)
|
0.2
|
|
Pentachlorophenol
|
0.001
|
|
Picloram
|
0.5
|
|
Polychlorinated biphenyls (PCBs)
|
0.0005
|
|
Simazine
|
0.004
|
|
Toxaphene
|
0.003
|
|
2,4,5-TP (Silvex)
|
0.05
|
|
2,3,7,8-TCDD (Dioxin)
|
3 × 10
-8
|
| |
|
|
| (b) |
Volatile Organic Contaminants (VOCs)
|
Contaminant
|
Maximum Contaminant Level
(mg/L)
|
|
Vinyl chloride
|
0.002
|
|
Benzene
|
0.005
|
|
Carbon tetrachloride
|
0.005
|
|
1,2-Dichloroethane
|
0.005
|
|
Trichloroethylene
|
0.005
|
|
para-Dichlorobenzene
|
0.075
|
|
1,1-Dichloroethylene
|
0.007
|
|
1,1,1-Trichloroethane
|
0.2
|
|
cis-1,2-Dichloroethylene
|
0.07
|
|
1,2-Dichloropropane
|
0.005
|
|
Ethylbenzene
|
0.7
|
|
Monochlorobenzene
|
0.1
|
|
o-Dichlorobenzene
|
0.6
|
|
Styrene
|
0.1
|
|
Tetrachloroethylene
|
0.005
|
|
Toluene
|
1
|
|
trans-1,2-Dichloroethylene
|
0.1
|
|
Xylenes (total)
|
10
|
|
Dichloromethane
|
0.005
|
|
1,2,4-Trichlorobenzene
|
0.07
|
|
1,1,2-Trichloroethane
|
0.005
|
|
|
| (3) |
Primary MCLs for Turbidity.
Turbidity - Treatment Technique Requirements:
| (a) |
The maximum contaminant level for
turbidity is determined by a treatment technique requirement as set forth in
this Rule. |
| (b) |
The treatment
technique requirement for turbidity is applicable to both community water
systems and non-community water systems using surface water sources or ground
water sources under the direct influence of surface water in whole or in part.
The treatment technique requirement for turbidity in drinking water, measured
at a representative point(s) in the filtered water is:
| 1. |
Less than or equal to 0.3 turbidity unit
in at least 95 percent of the monthly measurements. One turbidity unit is the
maximum allowable level and must not be exceeded at any time. |
| 2. |
Five turbidity units is the maximum
allowable level and must not be exceeded at any time. |
| 3. |
In accordance with
40 CFR § 141.73, the Division may allow higher
turbidity levels for slow sand filtration, diatomaceous earth filtration, or
other filtration technologies. |
| 4. |
Beginning January 1, 2002, public water systems that use surface water or
ground water under the direct influence of surface water and serve at least
10,000 people must meet the filtration requirements specified in
40 CFR § 141.173 (see Rule
391-3-5-.20(5)). |
| 6. |
Beginning January 14, 2005, public water
systems that use surface water or ground water under the direct influence of
surface water as a source and serve fewer than 10,000 people must meet the
filtration and disinfection requirements in
40 CFR Part
141, Subpart T. This
requirement is in addition to complying with requirements in Subpart H of
40 CFR Part
141 [see Rule
391-3-5-.20(8)]. |
|
|
| (4) |
Primary MCLs
for Microbiologicals. Microbiological - Maximum contaminant levels
(MCLs) for microbiological contaminants.
| (a) |
Until March 31, 2016, the total coliform MCL is based on the presence or
absence of total coliforms in a sample, rather than coliform density.
| 1. |
For a system that collects at least 40
samples per month, if no more than 5.0 percent of the samples collected during
a month are total coliform-positive, the system is in compliance with the MCL
for total coliforms. |
| 2. |
For a
system that collects fewer than 40 samples per month, if no more than one
sample collected during a month is total coliform-positive, the system is in
compliance with the MCL for total coliforms. |
|
| (b) |
Until March 31, 2016, any fecal
coliform-positive repeat sample or E. coli-positive repeat
sample, or any total coliform-positive repeat sample following a fecal
coliform-positive or E. coli§-positive routine sample,
constitutes a violation of the MCL for total coliforms. For purposes of the
public notification requirements in Rule
391-3-5-.32, this is a violation
that may pose an acute risk to health. |
| (c) |
Beginning April 1, 2016, a system is in
compliance with the MCL for E. coli for samples taken under
the provisions of Rule
391-3-5-.55 unless any of the
conditions identified in paragraphs (4)(c)1. through (4)(c)4. occur. For
purposes of the public notification requirements in Rule
391-3-5-.32, violation of the MCL
may pose an acute risk to health.
| 1. |
The
system has an E. coli-positive repeat sample following a total
coliform-positive routine sample. |
| 2. |
The system has a total coliform-positive
repeat sample following an E. coli-positive routine
sample. |
| 3. |
The system fails to take
all required repeat samples following an E. coli-positive
routine sample. |
| 4. |
The system fails
to test for E. coli when any repeat sample tests positive for
total coliform. |
|
| (d) |
Until March 31, 2016, a public water system must determine compliance with the
MCL for total coliforms in paragraphs (4)(a) and (4)(b) for each month in which
it is required to monitor for total coliforms. Beginning April 1, 2016, a
public water system must determine compliance with the MCL for E.
coli in paragraph (4)(c) for each month in which it is required to
monitor for total coliforms. |
| (e) |
The EPA Administrator, pursuant to section 1412 of the federal Safe Drinking
Water Act, identifies the following as the best technology, treatment
techniques, or other means available for achieving compliance with the maximum
contaminant level for total coliforms in paragraphs (4)(a) and (4)(b) and for
achieving compliance with the maximum contaminant level for E.
coli in paragraph (4)(c):
| 1. |
Protection of wells from fecal contamination by appropriate placement and
construction; |
| 2. |
Maintenance of a
disinfectant residual throughout the distribution system; |
| 3. |
Proper maintenance of the distribution
system including appropriate pipe replacement and repair procedures, main
flushing programs, proper operation and maintenance of storage tanks and
reservoirs, cross connection control, and continual maintenance of positive
water pressure in all parts of the distribution system; |
| 5. |
For systems using ground water, compliance
with the requirements of an EPA-approved Division Wellhead Protection Program
developed and implemented under section 1428 of the federal Safe Drinking Water
Act. |
|
| (f) |
The EPA
Administrator, pursuant to section 1412 of the federal Safe Drinking Water Act,
identifies the technology, treatment techniques, or other means available
identified in paragraph (4)(e) as affordable technology, treatment techniques,
or other means available to systems serving 10,000 or fewer people for
achieving compliance with the maximum contaminant level for total coliforms in
paragraphs (4)(a) and (4)(b) and for achieving compliance with the maximum
contaminant level for E. coli in paragraph (4)(c). |
|
| (5) |
Primary MCLs for
Radioactivity and Radionuclides. Radioactivity - Maximum contaminant
levels for Radium-226, Radium-228, gross alpha particle radioactivity, beta
particle and photon radioactivity from man-made radionuclides in community
water systems.
| (a) |
The following are the
maximum contaminant levels for Radium-226, Radium-228, gross alpha
radioactivity, and Uranium:
|
Radionuclides /
Radioactivity
|
Maximum Contaminant
Level
|
|
Combined Radium-226 and Radium-228
(226 Ra, 228 Ra)
|
5 pCi/L
|
|
Gross alpha particle activity (including Radium-226
but excluding Radon and Uranium)
|
15 pCi/L
|
|
Uranium
|
30 µg/L
|
|
| (b) |
The average annual concentration of beta particle and photon radioactivity from
man§made radionuclides in drinking water shall not produce an annual dose
equivalent to the total body or any internal organ greater than 4 millirem per
year. |
| (c) |
Except for the
radionuclides listed in Table A, the concentration of man-made radionuclides
causing 4 mrem total body or organ dose equivalents shall be calculated on the
basis of a 2 liter per day drinking water intake using the 168 hour data listed
in "Maximum Permissible Body Burdens and Maximum Permissible
Concentrations of Radionuclides in Air or Water for Occupational
Exposure", NBS Handbook 69 as amended August, 1963, U.S. Department of
Commerce. If two or more radionuclides are present, the sum of their annual
dose equivalent to the total body or to any organ shall not exceed 4 millirem
per year.
TABLE A. - Average annual concentrations assumed for the
purpose of this rule to produce a total body or organ dose of 4 millirem per
year.
|
Radionuclide
|
Critical Organ
|
Average Annual
Concentration
|
|
Tritium (3H)
|
Total Body
|
20,000 pCi/L
|
|
Strontium-90 (90
Sr)
|
Bone Marrow
|
8 pCi/L
|
|
|
| (6) |
Primary MCLs for
Trihalomethanes. TRIHALOMETHANES - Maximum contaminant level for
trihalomethanes: see paragraph (7), DISINFECTANTS and DISINFECTION BYPRODUCTS,
below. |
| (7) |
Primary MCLs for
Disinfectants and Disinfection Byproducts. DISINFECTANTS and
DISINFECTION BYPRODUCTS (D/DBPs). Beginning January 1, 2002, this paragraph
shall be applicable as specified below:
| (a) |
The maximum contaminant levels (MCLs) for disinfection byproducts (DBPs) are as
specified in 40 CFR § 141.64 and the maximum residual disinfectant
levels (MRDLs) are as specified in
40 CFR § 141.65.
|
Disinfection
Byproduct
|
Maximum Contaminant Level
(mg/L)
|
|
Total trihalomethanes (TTHM)
|
0.080
|
|
Haloacetic acids (five) (HAA5)
|
0.060
|
|
Bromate
|
0.010
|
|
Chlorite
|
1.0
|
|
Disinfectant
Residuals
|
Maximum Residual Disinfectant
Level (mg/L)
|
|
Chlorine
|
4.0 (as Cl2)
|
|
Chloramines
|
4.0 (as Cl2)
|
|
Chlorine Dioxide
|
0.8 (as ClO2)
|
|
| (b) |
Beginning January 1, 2002, community and non-transient, non-community Subpart H
water systems which serve a population of 10,000 people or more must comply
with paragraph (7). All systems must comply with these MCLs until the date
specified for Subpart V compliance in
40 CFR § 141.620(c). |
| (c) |
Beginning January 1, 2004, community and
non-transient, non-community Subpart H water systems serving fewer than 10,000
people and systems using only ground water not under the direct influence of
surface water must comply with paragraph (7). All systems must comply with
these MCLs until the date specified for Subpart V compliance in
40 CFR § 141.620(c). |
| (d) |
The Subpart V MCLs for TTHM and HAA5 must
be complied with as a locational running annual average at each monitoring
location beginning the date specified for Subpart V compliance in
40 CFR § 141.620(c). |
| (e) |
A system that is installing granular
activated carbon (GAC) or membrane technology to comply with paragraph (7) may
apply to the Division for an extension of up to 24 months past the dates in
paragraphs (7)(b) and (7)(c), but not beyond December 31, 2003. |
| (f) |
Transient non-community Subpart H water
systems serving 10,000 or more persons and using chlorine dioxide as a
disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning
January 1, 2002. |
| (g) |
Transient
non-community Subpart H water systems serving fewer than 10,000 persons and
using chlorine dioxide as a disinfectant or oxidant and systems using only
ground water not under the direct influence of surface water and using chlorine
dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL
beginning January 1, 2004. |
| (h) |
The
best technology, treatment technique, or other means available for achieving
compliance with the maximum contaminant levels for disinfection byproducts
identified in paragraph (7)(a) shall be in accordance with
40 CFR §§ 141.64(a)(2) and
(b)(2). |
|
| (8) |
Maximum Contamination Level Goals
(MCLG). The maximum contaminant level goals for organic contaminants,
inorganic contaminants, and microbiological contaminants shall be in accordance
with 40 CFR §§ 141.50,
141.51,
141.52,
141.53, and
141.54. |
| (1) |
Adverse
Effects on Drinking Water. The drinking water should not contain any
contaminant which will adversely affect the odor or appearance of the drinking
water and consequently may cause a substantial number of the persons served by
the public water system to discontinue its use or which may adversely affect
the public welfare. |
| (2) |
Secondary MCLs. The Secondary maximum contaminant levels
established below represent reasonable goals for drinking water
quality: |
| (3) |
|
Contaminant
|
Secondary Level
|
|
Aluminum (Al)
|
0.05 to 0.2 mg/L
|
|
Chloride
|
250 mg/L
|
|
Color
|
15 color units
|
|
Copper (Cu)
|
1.0 mg/L
|
|
Corrosivity
|
Non-corrosive
|
|
Fluoride (F)
|
2.0 mg/L
|
|
Foaming Agents
|
0.5 mg/L
|
|
Iron (Fe)
|
0.3 mg/L
|
|
Manganese (Mn)
|
0.05 mg/L
|
|
Odor
|
3 threshold odor number
|
|
Silver (Ag)
|
0.1 mg/L
|
|
Sulfate
|
250 mg/L
|
|
Total dissolved solids (TDS)
|
500 mg/L
|
|
Zinc (Zn)
|
5.0 mg/L
|
|
| (4) |
Standard Methods. Any analyses required under this rule shall be
conducted in accordance with the analytical recommendations set forth in the
latest edition of "Standard Methods of Examination of Water and
Wastewater" as published by the American Public Health Association, or
as such analyses may be modified by the Director. |
| (5) |
Collect and Submit Samples for
Analyses. Upon written direction of the Director, the supplier shall
collect drinking water samples and submit them to the Division's water
laboratory or other laboratory for analyses in accordance with the schedule
furnished to the supplier. |
| (1) |
Turbidity Testing Frequency.
On and after June 29, 1993, representative samples of filtered water shall be
taken and analyzed by said suppliers at least every four hours when the plant
is in operation, for the purpose of making turbidity measurements to determine
compliance with the treatment technique requirement of paragraph (3) of Section
391-3-5-.18. If the Division
determines that a reduced sampling frequency in a non-community system will not
pose a risk to public health, it can reduce the required sampling frequency in
accordance with 40 CFR
141.74 for systems using slow sand filtration
or filtration treatment other than conventional treatment, direct filtration,
or diatomaceous earth filtration. The option of reducing the turbidity
frequency shall be permitted only in those public water systems that practice
disinfection and which maintain an active residual disinfectant in the
distribution system and in those cases where the Division has indicated in
writing that no unreasonable risk to health existed under the circumstances of
this option. The turbidity measurements shall be made in accordance with the
recommendations set forth in 40 CFR Part 141.22. |
| (2) |
Exceedance Determination. If
the result of a turbidity analysis on and after June 29, 1993 indicates that
the treatment technique requirement has been exceeded, the sampling and
measurement shall be confirmed by resampling as soon as practicable and
preferably within one hour. If the repeat sample confirms that the treatment
technique requirement has been exceeded, the supplier of water shall consult
with the primacy agency within 24 hours after learning about the violation
(141.203(b)). If consultation does not occur within those 24 hours the
violation is elevated to a Tier 1. The repeat sample shall be the sample of
water used for the purpose of calculating compliance with the monthly treatment
technique requirement. If the monthly treatment technique requirement is
exceeded, or if the maximum measured level exceeds the maximum allowable level,
the supplier of water shall report to the Division and notify the public as
directed in Sections
391-3-5-.30 and .32. |
| (3) |
Applicability to Surface Water
Sources. The requirements of this Section shall apply only to public
water systems, which use water obtained in whole or in part from surface water
sources or ground water sources under the direct influence of surface
water. |
| (4) |
Compliance and
Enforcement. The Division has the authority to determine compliance or
initiate enforcement action based upon analytical results or other information
compiled by their sanctioned representatives or agencies. |
| (5) |
Filtration Requirements for Greater
than 10,000 Population Water Systems. Beginning January 1, 2002, public
water systems that use surface water or ground water under the direct influence
of surface water and serve at least 10,000 people must meet the filtration
requirements specified in 40
CFR § 141.173. |
| (6) |
Enhanced Filtration
Requirements. The Enhanced Filtration and Disinfection requirements
specified in 40 CFR, Subpart P are applicable to Subpart H systems serving at
least 10,000 people.
| (a) |
General
requirements: 40 CFR, Subpart P § 141.170 is hereby incorporated by
reference. Subpart H systems that did not conduct optional monitoring under
§ 141.172 because they served fewer than 10,000 persons when such
monitoring was required, but serve more than 10,000 persons prior to January
14, 2005 must comply with §§ 141.170, 141.171, 141.173, 141.174, and
141.175. These systems must contact the Division and establish a disinfection
benchmark. A system that decides to make a significant change to its
disinfection practice, as described in § 141.172(c)(1)(i) through (iv)
must obtain prior approval from the Division prior to making such
change. |
| (b) |
Criteria for avoiding
filtration: 40 CFR, Subpart P § 141.171 is hereby incorporated by
reference. |
| (c) |
Disinfection
profiling and benchmarking: 40 CFR, Subpart P § 141.172 is hereby
incorporated by reference. |
| (d) |
Determination of systems required to profile: 40 CFR, Subpart P §
141.172(a) is hereby incorporated by reference. |
| (e) |
Disinfection profiling: 40 CFR, Subpart P
§ 141.172(b) is hereby incorporated by reference. |
| (f) |
Disinfection benchmarking: 40 CFR,
Subpart P § 141.172(c) is hereby incorporated by reference. |
|
| (7) |
Filtration. 40
CFR, Subpart P § 141.173 is hereby incorporated by reference.
| (a) |
Conventional filtration treatment or
direct filtration: 40 CFR, Subpart P § 141.173(a) is hereby incorporated
by reference. (For systems using conventional filtration or direct filtration,
the turbidity level of representative samples of a system's filtered water must
be less than or equal to 0.3 NTU (Nephelometric Turbidity Units) in at least 95
percent of the measurements taken each month, measured as specified in
40 CFR § 141.74(a) and (c), and the
turbidity level of representative samples of a system's filtered water must at
no time exceed 1 NTU, measured as specified in
40 CFR § 141.74(a) and (c)
). |
| (b) |
Systems using filtration
technologies other than conventional filtration treatment, direct filtration,
slow sand filtration, or diatomaceous earth filtration: 40 CFR, Subpart P
§ 141.173(b) is hereby incorporated by reference. Beginning January 1,
2002, systems serving at least 10,000 people must meet the requirements for
other filtration technologies referenced in 141.173(b). |
| (c) |
Filtration sampling requirements: 40 CFR,
Subpart P § 141.174 is hereby incorporated by reference. (A public water
system subject to the requirements of this section that provides conventional
filtration treatment or direct filtration must conduct continuous monitoring of
turbidity for each individual filter using an approved method in
40 CFR § 141.74(a) and must calibrate
turbidimeters using the procedure specified by the manufacturer. Systems must
record the results of individual filter monitoring every fifteen (15) minutes.
If there is a failure in the continuous turbidity monitoring equipment, the
system must conduct grab sampling every four (4) hours in lieu of continuous
monitoring, but for no more than five (5) working days following the failure of
the equipment.) |
|
| (8) |
Filtration Requirements for Fewer than 10,000 Population Water
Systems. Beginning January 14, 2005, public water systems that use
surface water or ground water under the direct influence of surface water as a
source and serve fewer than 10,000 people must meet the filtration and
disinfection requirements in 40 CFR Part 141, Subpart
T. This requirement is in addition to
complying with requirements in Subpart H of
40 CFR Part
141.
| (a) |
Beginning January 14, 2005, public water systems that use surface water or
ground water under the direct influence of surface water and serve fewer than
10,000 people must meet the filtration requirements specified in
40 CFR §§ 141.550 through
141.553. |
| (b) |
Other filtration technologies:
40 CFR § 141.73(d) is hereby
incorporated by reference. Beginning January 14, 2005, systems serving fewer
than 10,000 people must meet the requirements for other filtration technologies
in 40 CFR §§ 141.550 through
141.553. |
| (c) |
General requirements: 40 CFR, Subpart T
§ 141.500 is hereby incorporated by reference. |
| (d) |
Additional watershed control requirements
for unfiltered systems: 40 CFR, Subpart T §§ 141.520 through 141.522
is hereby incorporated by reference. This is in addition to the continued
requirement to comply with the filtration avoidance criteria in
40 CFR § 141.71. |
| (e) |
Disinfection Profile: 40 CFR, Subpart T
§§ 141.530 through 141.536 is hereby incorporated by reference. This
requirement applies both to community and non-transient non-community water
systems. |
| (f) |
Disinfection
benchmark: 40 CFR, Subpart T §§ 141.540 through 141.544 is hereby
incorporated by reference. If you are a subpart H system required to develop a
disinfection profile under Section
391-3-5-.20(10)(e),
your system must develop a disinfection benchmark if you decide to make a
significant change to your disinfection practice. Before implementing a
significant disinfection practice change, a prior approval from the Division
must be obtained. Significant changes to disinfection practice include:
| 1. |
Changes to the point of
disinfection; |
| 2. |
Changes to the
disinfectant(s) used in the treatment plant; |
| 3. |
Changes to the disinfection process;
or |
| 4. |
Any other modification
identified by the Division. |
|
| (g) |
Combined filter effluent requirements: 40
CFR, Subpart T § 141.550 through 141.553 is hereby incorporated by
reference. This requirement applies to all subpart H systems which serve
populations fewer than 10,000, are required to filter, and utilize filtration
other than slow sand filtration or diatomaceous earth filtration.
| 1. |
For systems using conventional filtration
or direct filtration, the turbidity level of representative samples of a
system's filtered water must be less than or equal to 0.3 NTU in at least 95
percent of the measurements taken each month, and the maximum turbidity level
of representative samples of a system's filtered water must at no time exceed 1
NTU. All measurements must be taken as described in
40 CFR § 141.74(a) and (c). |
| 2. |
For systems using "alternative" filtration
(filtration other than slow sand filtration, diatomaceous earth filtration,
conventional filtration, or direct filtration), the
95th percentile turbidity value, not to exceed 1
NTU, and the maximum turbidity value, not to exceed 5 NTU, shall be determined
by the Division based on the demonstration as described in 40 CFR, Subpart T
§ 141.552. The systems, using pilot plant studies or other means, must
demonstrate that the system's filtration, in combination with disinfection
treatment, consistently achieves: two-log (99%) removal of
Cryptosporidium oocysts; three-log (99.9%) removal and/or
inactivation of Giardia lamblia cysts; and four-log (99.99%)
removal and/or inactivation of viruses. |
|
| (h) |
Individual filter turbidity requirements
for systems utilizing conventional filtration or direct filtration: 40 CFR,
Subpart T §§ 141.560 through 141.564 is hereby incorporated by
reference. A subpart H public water system subject to the requirements of this
section must conduct continuous monitoring of turbidity for each individual
filter using an approved method in
40 CFR § 141.74(a) and must calibrate
turbidimeters using the procedure specified by the manufacturer. Systems must
record the results of individual filter monitoring every fifteen (15) minutes.
If there is a failure in the continuous turbidity monitoring equipment, the
system must conduct grab sampling every four (4) hours in lieu of continuous
monitoring until the turbidimeter is back on-line. The system has fourteen (14)
days to resume continuous monitoring before a violation is incurred.
| 1. |
Systems with two or fewer filters may
conduct continuous monitoring of combined filter effluent turbidity in lieu of
individual filter effluent turbidity monitoring, in accordance with the same
requirements set forth in 40
CFR § 141.560(a) through
(d) and § 141.561. |
|
| (i) |
Reporting and recordkeeping requirements:
40 CFR, Subpart T §§ 141.570 through 141.571 is hereby incorporated
by reference. The items which must be reported and the frequency of reporting
must be as specified in 40
CFR § 141.570. Based on the requirements
of subpart T of 40 CFR Part
141, applicable systems must keep several
required records, in addition to the recordkeeping required under
40 CFR § 141.75. Specifically, the results of
individual filter monitoring must be kept for at least three (3) years and the
results of any disinfection profiling or benchmarking (including raw data and
analysis) must be kept indefinitely. |
|
| (1) |
CWS and
NTNCWS Monitoring. Community and non-transient, non-community water
systems shall conduct monitoring to determine compliance with the maximum
contaminant levels specified in Section
391-3-5-.18 in accordance with this
section. |
| (2) |
TNCWS
Monitoring. Transient, non-community water systems shall conduct
monitoring to determine compliance with the nitrate and nitrite maximum
contaminant levels in Section
391-3-5-.18 in accordance with this
section. |
| (3) |
Arsenic
Monitoring. The frequency of monitoring conducted to determine
compliance with the maximum contaminant level for arsenic specified in Section
391-3-5-.18 shall be conducted as
follows:
| (a) |
Analyses for all community and
non-transient, non-community water systems utilizing surface water sources
shall be repeated at yearly intervals. |
| (b) |
Analyses for all community and
non-transient, non-community water systems utilizing only ground water sources
shall be repeated at three-year intervals. |
| (c) |
If the result of an analysis made
pursuant to paragraph (3) of this Section indicates that the level of arsenic
listed in paragraph (1) of Section
391-3-5-.18 exceeds the maximum
contaminant level, the supplier of water shall report to the Division in
writing within seven (7) days and initiate three additional analyses at the
same sampling point within fourteen (14) days. |
| (d) |
When the average of four analyses made
pursuant to paragraph (3)(c) of this Section, rounded to the same number of
significant figures as the maximum contaminant level for the substance in
question, exceeds the maximum contaminant level, the supplier of water shall
notify the Division pursuant to Section
391-3-5-.30 and give notice to the
public pursuant to Section
391-3-5-.32. Monitoring after public
notification shall be at a frequency designated by the Division and shall
continue until the maximum contaminant level has not been exceeded in two
successive samples or until a monitoring schedule as a condition to a permit,
variance, exception or enforcement action shall become effective. |
| (e) |
If the four analyses are not made
pursuant to paragraph (3)(c) of this section, the Division will use the
analyses available to prepare compliance calculations pursuant to paragraph
(3)(d) of this section. |
| (f) |
The
system may apply to the Division for an arsenic waiver from the monitoring
frequencies in paragraphs (3)(a) and (3)(b) of this section pursuant to
paragraph (6)(b). |
|
| (4) |
Inorganic Monitoring. Monitoring for inorganic chemicals shall be
conducted as follows:
| (a) |
Groundwater systems
shall take a minimum of one sample at every entry point to the distribution
system which is representative of each well after treatment (hereafter called a
sampling point) beginning in the compliance period starting January 1, 1993.
The system shall take each sample at the same sampling point unless conditions
make another sampling point more representative of each source or treatment
plant. |
| (b) |
Surface water systems
shall take a minimum of one sample at every entry point to the distribution
system after any application of treatment or in the distribution system at a
point which is representative of each source after treatment (hereafter called
a sampling point) beginning in the compliance period starting January 1, 1993.
The system shall take each sample at the same sampling point unless conditions
make another sampling point more representative of each source or treatment
plant. [NOTE: For purposes of this paragraph, surface water systems include
systems with a combination of surface and ground sources.] |
| (c) |
If a system draws water from more than
one source and the sources are combined before distribution, the system must
sample at an entry point to the distribution system during periods of normal
operating conditions (i.e., when water is representative of all sources being
used). |
| (d) |
The Division may reduce
the total number of samples, which must be analyzed by allowing the use of
compositing. Composite samples shall be collected and analyzed in accordance
with 40 CFR, Part
141.23(a)(4). In the case of
arsenic, if a PWS supplies water to one or more other PWSs and the
interconnection justifies treating them as a single system for monitoring
purposes, then the PWSs receiving the supplied water may have their arsenic
monitoring requirements modified. |
|
| (5) |
Asbestos Monitoring. The
frequency of monitoring conducted to determine compliance with the maximum
contaminant level for asbestos specified in Section
391-3-5-.18 shall be conducted as
follows:
| (a) |
Community or non-transient,
non-community water systems are required to monitor for asbestos during the
first three-year compliance period of each nine-year compliance cycle beginning
in the compliance period starting January 1, 1993. |
| (b) |
If the system believes it is not
vulnerable to either asbestos contamination in its source water or due to
corrosion of asbestos-cement pipe, or both, it may apply to the Division for a
waiver of the monitoring requirements in paragraph (5)(a) above. If the waiver
is granted by the Division, the system is not required to monitor. |
| (c) |
The Division may grant a waiver based on
a consideration of the following factors:
| 1. |
Potential asbestos contamination of the water source. |
| 2. |
The use of asbestos-cement pipe for
finished water distribution and the corrosive nature of the water. |
|
| (d) |
A waiver remains in effect
until the completion of the three-year compliance period. Systems not receiving
a waiver must monitor in accordance with the provisions of paragraph (5)(a) of
this section. |
| (e) |
A system
vulnerable to asbestos contamination due solely to corrosion of asbestos-cement
pipe shall take one sample at a tap served by asbestos-cement pipe and under
conditions where asbestos contamination is most likely to occur. |
| (f) |
A system vulnerable to asbestos
contamination due solely to source water shall monitor in accordance with the
provision of paragraph (4) of this section. |
| (g) |
A system vulnerable to asbestos
contamination due both to its source water supply and corrosion of
asbestos-cement pipe shall take one sample at a tap served by asbestos-cement
pipe and under conditions where asbestos contamination is most likely to
occur. |
| (h) |
A system which exceeds
the maximum contaminant levels as determined in Section
391-3-5-.21(12)
shall monitor quarterly beginning in the next quarter after the violation
occurred. |
| (i) |
The Division may
decrease the quarterly monitoring requirement to the frequency specified in
paragraph (5)(a) of this section provided the Division has determined that the
system is reliably and consistently below the maximum contaminant level. In no
case can the Division make this determination unless a groundwater system takes
a minimum of two quarterly samples and a surface (or combined surface/ground)
water system takes a minimum of four quarterly samples. |
| (j) |
If monitoring data collected after
January 1, 1990 are generally consistent with the requirements of Section
391-3-5-.21(5) then
the Division may allow systems to use that data to satisfy the monitoring
requirement for the initial compliance period beginning January 1,
1993. |
|
| (6) |
Other
Inorganics Monitoring. The frequency of monitoring conducted to
determine compliance with the maximum contaminant levels in Section
391-3-5-.18 for antimony, arsenic,
barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel,
selenium and thallium shall be as follows:
| (a) |
Groundwater systems shall take one sample
at each sampling point during each compliance period beginning in the
compliance period starting January 1, 1993. Surface water systems (or combined
surface/ground) shall take one sample annually at each sampling point beginning
January 1, 1993. |
| (b) |
The system may
apply to the Division for a waiver from the monitoring frequencies specified in
paragraph (3)(a), (3)(b) and (6)(a) of this section. |
| (c) |
A condition of the waiver shall require
that a system shall take a minimum of one sample while the waiver is effective.
The term during which the waiver is effective shall not exceed one compliance
cycle (i.e., nine years). |
| (d) |
The
Division may grant a waiver provided surface water systems have monitored
annually for at least three years and groundwater systems have conducted a
minimum of three rounds of monitoring. (At least one sample shall have been
taken since January 1, 1990.) Both surface and groundwater systems shall
demonstrate that all previous analytical results were less than the maximum
contaminant level. Systems that use a new water source are not eligible for a
waiver until three rounds of monitoring from the new source have been
completed. In the case of arsenic, new water systems are not eligible for a
waiver until three rounds of monitoring have been completed. |
| (e) |
In determining the appropriate reduced
monitoring frequency, the Division shall consider:
| 1. |
Reported concentrations from all previous
monitoring; |
| 2. |
The degree of
variation in reported concentrations; and |
| 3. |
Other factors which may affect contaminant
concentrations such as changes in groundwater pumping rates, changes in the
system's configuration, changes in the system's operating procedures, or
changes in stream flows or characteristics. |
|
| (f) |
A decision by the Division to grant a
waiver shall be made in writing and shall set forth the basis for the
determination. The determination may be initiated by the Division or upon an
application by the public water system. The public water system shall specify
the basis for its request. The Division shall review and, where appropriate,
revise its determination of the appropriate monitoring frequency when the
system submits new monitoring data or when other data relevant to the system's
appropriate monitoring frequency become available. |
| (g) |
Systems which exceed the maximum
contaminant levels as calculated in paragraph (3)(d) and (12) of this section
shall monitor quarterly beginning in the next quarter after the violation
occurred. |
| (h) |
The Division may
decrease the quarterly monitoring requirement to the frequencies specified in
paragraph (3)(a), (3)(b), (6)(a) and (6)(b) of this section provided it has
determined that the system is reliably and consistently below the maximum
contaminant level. In no case can the Division make this determination unless a
groundwater system takes a minimum of two quarterly samples and a surface water
system takes a minimum of four quarterly samples. |
|
| (7) |
Nitrate Monitoring. The
frequency of monitoring for nitrate shall be as follows: All public water
systems (community; non-transient, non-community; and transient, non-community
systems) shall monitor to determine compliance with the maximum contaminant
level for nitrate in Rule
391-3-5-.18.
| (a) |
Community and non-transient,
non-community water systems served by groundwater systems shall monitor
annually beginning January 1, 1993; systems served by surface water shall
monitor quarterly beginning January 1, 1993. |
| (b) |
For community and non-transient,
non-community water systems, the repeat monitoring frequency for ground water
systems shall be quarterly for at least one year following any one sample in
which the concentration is greater than or equal to fifty percent (=50%) of the
MCL. The Division may allow a groundwater system to reduce the sampling
frequency to annually after four consecutive quarterly samples are reliably and
consistently less than the MCL. |
| (c) |
For community and non-transient, non-community water systems, the Division may
allow a surface water system to reduce the sampling frequency to annually if
all analytical results from four consecutive quarters are less than fifty
percent (50%) of the MCL. A surface water system shall return to quarterly
monitoring if any one sample is greater than or equal to fifty percent (=50%)
of the MCL. |
| (d) |
Each transient
non-community water system shall monitor annually beginning January 1,
1993. |
| (e) |
After the initial round
of quarterly sampling is completed, each community and non-transient
non-community system which is monitoring annually shall take subsequent samples
during the quarter(s) which previously resulted in the highest analytical
result. |
|
| (8) |
Nitrite Monitoring. The frequency of monitoring for nitrite shall
be as follows: All public water systems (community; non-transient,
non-community; and transient, non-community systems) shall monitor to determine
compliance with the maximum contaminant level for nitrite in Rule
391-3-5-.18.
| (a) |
All public water systems shall take one
sample at each sampling point in the compliance period beginning January 1,
1993 and ending December 31, 1995. |
| (b) |
After the initial sample, systems where
an analytical result for nitrite is less than fifty percent (<50%) of the
MCL shall monitor at the frequency specified by the Division. |
| (c) |
For community, non-transient,
non-community, and transient non-community water systems, the repeat monitoring
frequency for any water system shall be quarterly for at least one year
following any one sample in which the concentration is greater than or equal to
fifty percent (>=50%) of the MCL. The Division may allow a system to reduce
the sampling frequency to annually after determining the system is reliably and
consistently less than the MCL. |
| (d) |
Systems which are monitoring annually shall take each subsequent sample during
the quarter(s) which previously resulted in the highest analytical
result. |
|
| (9) |
Confirmation samples.
| (a) |
Where
the results of sampling for antimony, asbestos, barium, beryllium, cadmium,
chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium indicate an
exceedance of the maximum contaminant level, the Division may require that one
additional sample be collected as soon as possible after the initial sample was
taken (but not to exceed two weeks) at the same sampling point. |
| (b) |
Where nitrate or nitrite sample results
indicate an exceedance of the maximum contaminant level, the system shall take
a confirmation sample within 24 hours of the system's receipt of notification
of the analytical results of the first sample. Systems unable to comply with
the 24-hour sampling requirement must immediately notify the customers served
by the area served by the public water system in accordance with Rule
391-3-5-.32. Systems exercising this
option must take and analyze a confirmation sample within two weeks of
notification of the analytical results of the first sample. |
| (c) |
If a Division-required confirmation
sample is taken for any contaminant, then the results of the initial and
confirmation sample shall be averaged. The resulting average shall be used to
determine the system's compliance in accordance with paragraph 12 of the
section. |
|
| (10) |
Increased Frequency of Monitoring. The Division may require more
frequent monitoring than specified in paragraphs (5), (6), (7), and (8) of this
section or may require confirmation samples for positive and negative results
at its discretion. |
| (11) |
Request for Increased Monitoring Frequency. Systems may apply to
the Division to conduct more frequent monitoring than the minimum monitoring
frequencies specified in this section. |
| (12) |
Compliance Based on Analytical
Results. Compliance with Rule
391-3-5-.18 (as appropriate) shall
be determined based on the analytical result(s) obtained at each sampling
point.
| (a) |
For systems which are conducting
monitoring at a frequency greater than annual, compliance with the maximum
contaminant levels for antimony, asbestos, barium, beryllium, cadmium,
chromium, cyanide, fluoride, mercury, nickel, selenium and thallium is
determined by a running annual average at each sampling point. If the average
at any sampling point is greater than the MCL, then the system is out of
compliance. If any single sample would cause the annual average to be exceeded,
then the system is out of compliance immediately. Any sample below the
detection limit shall be calculated at zero for the purpose of determining the
annual average. |
| (b) |
For systems
which are monitoring annually, or less frequently, the system is out of
compliance with the maximum contaminant levels for antimony, asbestos, barium,
beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium and
thallium if the level of a contaminant at any sampling point is greater than
the MCL. If a confirmation sample is required by the Division, the
determination of compliance will be based on the average of the two
samples. |
| (c) |
Compliance with the
maximum contaminant levels for nitrate and nitrite is determined based on one
sample if the levels of these contaminants are below the MCLs. If the levels of
nitrate and/or nitrite exceed the MCLs in the initial sample, a confirmation
sample is required in accordance with paragraph (9) of this section, and
compliance shall be determined based on the average of the initial and
confirmation samples. |
| (d) |
If a
public water system has a distribution system separable from other parts of the
distribution system with no interconnections, the Division may allow the system
to give public notice to only the area served by that portion of the system
which is out of compliance. |
|
| (12) |
Monitor at Time Designed by
Division. Each public water system shall monitor at the time designated
by the Division during each compliance period. |
| (13) |
Analyses to Determine
Compliance. All analyses conducted to determine compliance with
paragraph (1)(a) of Rule
391-3-5-.18 and this Section shall
be in accordance with 40
CFR, Part 141.23(k). Arsenic
sampling results shall be reported to the nearest 0.001 mg/L. |
| (14) |
Certified Laboratories.
Analysis under this section shall only be conducted by laboratories that have
received approval by EPA fulfilling the requirements listed in
40 CFR, Part
141.23(k)(3) or have
received certification from the Division. Laboratories may conduct sample
analysis under provisional certification until January 1, 1996. |
| (15) |
Compliance and Enforcement.
The Division has the authority to determine compliance or initiate enforcement
action based upon analytical results and other information compiled by their
sanctioned representatives or agencies. |
| (16) |
Treatment to Achieve
Compliance. The best technology, treatment technique, or other means
available for achieving compliance with the maximum contaminant level for
inorganic contaminants identified in Section
391-3-5-.18(1)(a)
shall be in accordance with 40 CFR, Part
141.62(c). |
| (1) |
Organic
Monitoring. Beginning on January 1, 1993, analysis of the contaminants
listed in Section
391-3-5-.18(2)(b)1 -
21 for the purpose of determining compliance
with the maximum contaminant level shall be conducted as follows:
| (a) |
Groundwater systems shall take a minimum
of one sample at every entry point to the distribution system which is
representative of each well after treatment (hereafter called a sampling
point). Each sample must be taken at the same sampling point unless conditions
make another sampling point more representative of each source, treatment
plant, or within the distribution system. |
| (b) |
Surface water systems (or combined
surface/ground) shall take a minimum of one sample at points in the
distribution system that are representative of each source or at each entry
point to the distribution system after treatment (hereafter called a sampling
point). Each sample must be taken at the same sampling point unless conditions
make another sampling point more representative of each source, treatment
plant, or within the distribution system. |
| (c) |
If the system draws water from more than
one source and the sources are combined before distribution, the system must
sample at an entry point to the distribution system during periods of normal
operating conditions (i.e., when water representative of all sources is being
used). |
| (d) |
Each community and
non-transient non-community water system shall take four consecutive quarterly
samples for each contaminant listed in Section
391-3-5-.18(2)(b)2 -
21 during each compliance period. |
| (e) |
If the initial monitoring for
contaminants listed in Section
391-3-5-.18(2)(b)1 -
8 and the monitoring for the contaminants
listed in Section
391-3-5-.18(2)(b)9 -
21 as allowed in paragraph (1)(q) of this
section has been completed by December 31, 1992 and the system did not detect
any contaminant listed in Section
391-3-5-.18(2)(b)1 -
21, then each ground and surface water system
shall take one sample annually. |
| (f) |
After a minimum of three years of annual sampling, the Division may allow
groundwater systems with no previous detection of any contaminant listed in
Section 391-3-5-.18(2)(b)
to take one sample during each compliance period. |
| (g) |
Each community and non-transient
groundwater system which does not detect a contaminant listed in Section
391-3-5-.18(2)(b)1 -
21 may apply to the Division for a waiver
from the requirement of paragraph (1)(e) and (1)(f) of this section after
completing the initial monitoring. (For the purposes of this section, detection
is defined as 0.0005 mg/L.) A waiver shall be effective for no more than six
years (two compliance periods). The Division may also issue waivers to small
systems for the initial round of monitoring for
1,2,4-trichlorobenzene. |
| (i) |
Each community and non-transient surface
water system which does not detect a contaminant listed in Section
391-3-5-.18(2)(b)1 -
21 may apply to the Division for a waiver
from the requirements of (1)(e) of this section after completing the initial
monitoring. Composite samples from a maximum of five sampling points are
allowed, provided that the detection limit of the method used for analysis is
less than one-fifth of the MCL. Systems meeting this criteria must be
determined by the Division to be non-vulnerable based on a vulnerability
assessment during each compliance period. Each system receiving a waiver shall
sample at the frequency specified by the Division (if any). |
| (j) |
If a contaminant listed in Section
391-3-5-.18(2)(b)2 -
21 is detected at a level exceeding 0.0005
mg/L in any sample, then:
| 1. |
The system must
monitor quarterly at each sampling point which resulted in a
detection. |
| 2. |
The Division may
decrease the quarterly monitoring requirements specified in paragraph (1)(j)(1)
of this section; provided it has determined that the system is reliably and
consistently below the maximum contaminant level. In no case shall the Division
make this determination unless a groundwater system takes a minimum of two
quarterly samples and a surface water system takes a minimum of four quarterly
samples. |
| 3. |
If the Division
determines that the system is reliably and consistently below the MCL, the
Division may allow the system to monitor annually. Systems which monitor
annually must monitor during the quarter(s) which previously yielded the
highest analytical result. |
| 4. |
Systems which have three consecutive annual samples with no detection of a
contaminant may apply to the Division for a waiver as specified in paragraph
(1)(g) of this section. |
| 5. |
Groundwater systems which have detected one or more of the following two-carbon
organic compounds: trichloroethylene, tetrachloroethylene, 1,2-dichloroethane,
1,1,1-trichloroethane, cis-1,2-dichloroethylene, trans-1,2-dichloroethylene, or
1,1-dichloroethylene shall monitor quarterly for vinyl chloride. A vinyl
chloride sample shall be taken at each sampling point at which one or more of
the two-carbon organic compounds was detected. If the results of the first
analysis do not detect vinyl chloride, the Division may reduce the quarterly
monitoring frequency of vinyl chloride monitoring to one sample during each
compliance period. Surface water systems are required to monitor for vinyl
chloride as specified by the Division. |
|
| (k) |
Systems which violate the requirements of
Section 391-3-5-.18(2)(b)1 -
21 as determined by paragraph (l)(n) of this
section must monitor quarterly. After a minimum of four quarterly samples which
show the system is in compliance as specified in paragraph (l)(n) of this
section, and the Division determines that the system is reliably and
consistently below the maximum contaminant level, the system may monitor at the
frequency and time specified in paragraph (l)(j)3 of this section. |
| (l) |
The Division may require a confirmation
sample for positive or negative results. If a confirmation sample is required
by the Division, the result must be averaged with the first sampling result and
the average is used for the compliance determination as specified by paragraph
(l)(n) of this section. The Division has the discretion to delete results of
obvious sampling errors from this calculation. |
| (m) |
The Division may reduce the total number
of samples a system must analyze by allowing the use of compositing. Composite
sampling and their analysis shall be in accordance with
40 CFR, Part
141.24(f)(14). |
| (n) |
Compliance with Rule
391-3-5-.18(2)(b)1 -
21 shall be determined based on the
analytical results obtained at each sampling point.
| 1. |
For systems which are conducting
monitoring at a frequency greater than annual, compliance is determined by a
running annual average of all samples taken at each sampling point. If the
annual average of any sampling point is greater than the MCL, then the system
is out of compliance. If the initial sample or a subsequent sample would cause
the annual average to be exceeded, then the system is out of compliance
immediately. |
| 2. |
If monitoring is
conducted annually, or less frequently, the system is out of compliance if the
level of a contaminant at any sampling point is greater than the MCL. If a
confirmation sample is required by the Division, the determination of
compliance will be based on the average of two samples. |
| 3. |
If a public water system has a
distribution system separable from other parts of the distribution system with
no interconnections, the Division may allow the system to give public notice to
only that area served by that portion of the system which is out of
compliance. |
|
| (o) |
Analysis
for the contaminants listed in Rule
391-3-5-.18(2)(b)1 -
21 shall be conducted in accordance with
40 CFR, Part
141.24(f)(17). These methods
are contained in Methods for the Determination of Organic Compounds in Drinking
Water, EPA/600/4-88/039, December 1988 and are available from the National
Technical Information Service (NTIS) NTIS PB91-231480 and PB91-146027, U.S.
Department of Commerce, 5285 Port Royal Road, Springfield, Virginia
22161. |
| (p) |
Analysis under this
section shall only be conducted by laboratories certified by the Division or
laboratories certified by EPA in accordance with conditions listed in
40 CFR, Part
141.24(f)(17). |
| (q) |
The Division may allow the use of
monitoring data collected after January 1, 1998 required under section 1445 of
the Public Health Service Act, as amended by the Federal Safe Drinking Water
Act, Public Law 93-523, for purposes of initial monitoring compliance. If the
data are generally consistent with the other requirements in this section, the
Division may use these data (i.e., a single sample rather than four quarterly
samples) to satisfy the initial monitoring requirement of paragraph (l)(d) of
this section. Systems which use grandfathered samples and did not detect any
contaminant listed in Rule
391-3-5-.18(2)(b)2 -
21 shall begin monitoring annually in
accordance with paragraph 1(e) of this section. |
| (r) |
The Division may increase required
monitoring where necessary to detect variations within the system. |
| (s) |
Each certified laboratory must determine
the method detection limit (MDL), as defined in
40 CFR, Part
136 appendix B, at which it is capable of
detecting VOCs. The acceptable MDL is 0.0005 mg/L. This concentration is the
detection concentration for purposes of this section. |
| (t) |
Each public water system shall monitor at
the time designated by the Division within each compliance period. |
|
| (2) |
Initial Organic
Monitoring. For systems in operation before January 1, 1993, for
purposes of initial monitoring, analysis of the contaminants listed in Rule
391-3-5-.18(2)(b)1 -
8 for purposes of determining compliance with
the maximum contaminant levels shall be conducted as follows:
| (a) |
Ground-water systems shall sample at
points of entry to the distribution system representative of each well after
any application of treatment. Sampling must be conducted at the same
location(s) or more representative location(s) every three months for one year
except as provided in paragraph (2)(h) of this section. |
| (b) |
Surface water systems shall sample at
points in the distribution system representative of each source or at entry
points to the system after any application of treatment. Surface water systems
must sample each source every three months except as provided in paragraph
(2)(h) of this section. Sampling must be conducted at the same location or a
more representative location each quarter. |
| (c) |
If the system draws water from more than
one source and sources are combined before distribution, the system must sample
at an entry point to the distribution system during periods of normal operating
conditions. |
| (d) |
All community water
systems and non-transient, non-community water systems serving more than 10,000
people shall analyze all distribution or entry-point samples, as appropriate,
representing all source waters beginning no later than January 1, 1988. All
community water systems and non-transient, non-community water systems serving
from 3,300 to 10,000 people shall analyze all distribution or entry point
samples, as required in this paragraph (2), representing source waters no later
than January 1, 1989. All other community and non-transient, non-community
water systems shall analyze distribution or entry-point samples as required in
this paragraph (2), representing all source waters beginning no later than
January 1, 1991. |
| (e) |
The Division
may require confirmation samples for positive or negative results. If a
confirmation sample)s) is required by the Division, then the sample results(s)
should be averaged with the first sampling result and used for compliance
determination in accordance with paragraph (2)(i) of this section. The Division
has the discretion to delete results of obvious sampling errors from this
calculation. |
| (f) |
Analysis for vinyl
chloride is required only for ground water systems that have detected one or
more of the following two-carbon organic compounds: Trichloroethylene,
tetrachloroethylene, 1,2-dichloroethane, 1,1,1-trichloroethane,
cis-1,2-dichloroethylene, trans-1,2-dichloroethylene, or 1,1-dichloroethylene.
The analysis for vinyl chloride is required at each distribution or entry point
at which one or more of the two-carbon organic compounds were found. If the
first analysis does not detect vinyl chloride, the Division may reduce the
frequency of vinyl chloride monitoring to once every three years for that
sample location or other sample locations that are more representative of the
same source. Surface water systems may be required to analyze for vinyl
chloride at the discretion of the Division. |
| (g) |
The Division may allow compositing of up
to five samples from one or more public water systems. |
| (h) |
The Division may reduce the monitoring
frequency specified in paragraphs (2)(a) and (b) of this section as explained
in this paragraph. |
| (i) |
Compliance
with Rule
391-3-5-.18(2)(b)
shall be determined based on the results of running annual average of quarterly
sampling for each sampling location. If one location's average is greater than
the MCL, then the system shall be deemed to be out of compliance. If a public
water system has a distribution system separable from other parts of the
distribution system with no interconnections, only that part of the system that
exceeds any MCL as specified in Rule
391-3-5-.18(2)(b)
will be deemed out of compliance. The Division may reduce the public notice
requirement to that portion of the system which is out of compliance. If any
single sample result would cause the annual average to be exceeded, then the
system shall be deemed to be out of compliance immediately. For systems that
only take one sample per location because no VOCs were detected, compliance
shall be based on that one sample. |
| (j) |
Analysis under this section shall only be
conducted by laboratories certified by the Division or have been certified by
the EPA. |
| (k) |
The Division may allow
the use of monitoring data collected after January 1, 1983, for purposes of
monitoring compliance. If the data is consistent with other requirements of
this section. The Division may use that data to represent the initial
monitoring if the system is determined by the Division not to be vulnerable
under the requirements of this section. In addition, the result of EPA's Ground
Water Supply Survey may be used in a similar manner for systems supplied by a
single well. |
| (l) |
The Division may
increase required monitoring where necessary to detect variations within the
system. |
| (m) |
The Division may
determine compliance or initiate enforcement action based on analytical results
or other information compiled by their sanctioned representatives and
agencies. |
| (n) |
Each certified
laboratory must determine the method detection limit (MDL), as defined in
40 CFR, Part
136 appendix B, at which it is capable of
detecting VOCs. The acceptable MDL is 0.0005 mg/L. This concentration is the
detection level for purposes of paragraphs
391-3-5-.22(2)(e), (f), and
(g) of this section. |
|
| (3) |
Ongoing Organic Monitoring.
Analysis of the contaminants listed in Rule
391-3-5-.18(2)(a)
for the purposes of determining compliance with the maximum contaminant level
shall be conducted as follows:
| (a) |
Groundwater systems shall take a minimum of one sample at every entry point to
the distribution system which is representative of each well after treatment
(hereafter called a sampling point). Each sample must be taken at the same
sampling point unless conditions make another sampling point more
representative of each source or treatment plant. |
| (b) |
Surface water systems shall take a
minimum of one sample at points in the distribution system that are
representative of each source or at each entry point to the distribution system
after treatment (hereafter called a sampling point). Each sample must be taken
at the same sampling point unless conditions make another sampling point more
representative of each source or treatment plant. [Note: For purposes of this
paragraph, surface water systems include systems with a combination of surface
and ground sources.] |
| (c) |
If the
system draws water from more than one source and the sources are combined
before distribution, the system must sample at an entry point to the
distribution system during periods of normal operating conditions (i.e., when
water representative of all sources is being used). |
| (d) |
Monitoring frequency:
| 1. |
Each community and non-transient
non-community water system shall take four consecutive quarterly samples for
each contaminant listed in Rule
391-3-5-.18(2)(a)
during each compliance period beginning with the compliance period starting
January 1, 1993. |
| 2. |
Systems serving
more than 3,300 persons which do not detect a contaminant in the initial
compliance period, may reduce the sampling frequency to a minimum of two
quarterly samples in one year during each repeat compliance period. |
| 3. |
Systems serving less than or equal to
3,300 persons which do not detect a contaminant in the initial compliance
period may reduce the sampling frequency to a minimum of one sample during each
repeat compliance period. |
|
| (e) |
Each community and non-transient water
system may apply to the Division for a waiver from the requirement of paragraph
(3)(d) of this section. A system must reapply for a waiver for each compliance
period. |
| (g) |
If an organic contaminant listed in Rule
391-3-5-.18(2)(a)
is detected (as defined by paragraph (3)(q) of this section) in any sample,
then:
| 1. |
Each system must monitor quarterly
at each sampling point which resulted in a detection. |
| 2. |
The Division may decrease the quarterly
monitoring requirement specified in paragraph (3)(g)1 of this section provided
it has determined that the system is reliably and consistently below the
maximum contaminant level. In no case shall the Division make this
determination unless a groundwater system takes a minimum of two quarterly
samples and a surface water system takes a minimum of four quarterly
samples. |
| 3. |
After the Division
determines the system is reliably and consistently below the maximum
contaminant level the Division may allow the system to monitor annually.
Systems which monitor annually must monitor during the quarter that previously
yielded the highest analytical result. |
| 4. |
Systems which have three (3) consecutive
annual samples with no detection of a contaminant may apply to the Division for
a waiver as specified in paragraph (3)(f) of this section. |
| 5. |
If monitoring results in detection of one
or more of certain related contaminants (aldicarb, aldicarb sulfone, aldicarb
sulfoxide and heptachlor, heptachlor epoxide), then subsequent monitoring shall
analyze for all related contaminants. |
|
| (h) |
Systems which violate the requirements of
Rule 391-3-5-.18(2)(a)
as determined by paragraph (3)(k) of this section must monitor quarterly. After
a minimum of four quarterly samples show the system is in compliance and the
Division determines the system is reliably and consistently below the MCL, as
specified in paragraph (3)(k) of this section, the system shall monitor at the
frequency specified in paragraph (3)(g)3 of this section. |
| (i) |
The Division may require a confirmation
sample for positive or negative results. If a confirmation sample is required
by the Division, the result must be averaged with the first sampling result and
the average used for the compliance determination as specified by paragraph
(3)(k) of this section. The Division has the discretion to delete results of
obvious sampling errors from this calculation. |
| (j) |
The Division may reduce the total number
of samples a system must analyze by allowing the use of compositing. Composite
sampling and their analysis shall be in accordance with
40 CFR, Part
141.24(h)(10). |
| (k) |
Compliance with Section
391-3-5-.18(2)(a)
shall be determined based on the analytical results obtained at each sampling
point.
| 1. |
For systems which are conducting
monitoring at a frequency greater than annual, compliance is determined by a
running annual average of all samples taken at each sampling point. If the
annual average of any sampling point is greater than the MCL, then the system
is out of compliance. If the initial sample or a subsequent sample would cause
the annual average to be exceeded, then the system is out of compliance
immediately. Any samples below the detection limit shall be calculated as zero
for purposes of determining the annual average. |
| 2. |
If monitoring is conducted annually, or
less frequently, the system is out of compliance if the level of a contaminant
at any sampling point is greater than the MCL. If a confirmation sample is
required by the Division, the determination of compliance will be based on the
average of two samples. |
| 3. |
If a
public water system has a distribution system separable from other parts of the
distribution system with no interconnections, the Division may allow the system
to give public notice to only that portion of the system which is out of
compliance. |
|
| (l) |
Analysis
for the contaminants listed in Section
391-3-5-.18(2)(a)
shall be conducted in accordance with
40 CFR, Part
141.24(h) (12-13). These
methods are contained in "Methods for the Determination of Organic Compounds in
Drinking Water", ORD Publications, CERI, EPA/600/4-88/039, December
1988. |
| (m) |
If monitoring data
collected after January 1, 1990, are generally consistent with the requirements
of Section
391-3-5-.22(3),
then the Division may allow systems to use that data to satisfy the monitoring
requirement for the initial compliance period beginning January 1,
1993. |
| (n) |
The Division may increase
the required monitoring frequency, where necessary, to detect variations within
the system (e.g., fluctuations in concentration due to seasonal use, changes in
water source). |
| (o) |
The Division has
the authority to determine compliance or initiate enforcement action based upon
analytical results and other information compiled by their sanctioned
representatives and agencies. |
| (p) |
Each public water system shall monitor at the time designated by the Division
within each compliance period. |
| (r) |
Analysis under this section shall conform
to paragraph (1) of Section
391-3-5-.29. |
|
| (1) |
Routine Coliform Monitoring.
| (a) |
Public water systems must collect total
coliform samples at sites which are representative of water throughout the
distribution system according to a written sample siting plan. These plans are
subject to Division review and revision. |
| (b) |
The minimum residential population of a
community water system shall be determined by a mathematical calculation of the
total number of active residential service connections multiplied by Georgia's
average population per household, as published in the most recent Federal
Census Bureau Statistics. Multiple residential units served by a single
connection (master meter) shall be included in the determination of population
for a water system. The minimum monitoring frequency for total coliforms for
community water systems is based on the population served by the system, as
follows:
|
Population
Served
|
Minimum Number of Samples per
Month
|
|
25 to
1,0001
|
1
|
|
1,001 to 2,500
|
2
|
|
2,501 to 3,300
|
3
|
|
3,301 to 4,100
|
4
|
|
4,101 to 4,900
|
5
|
|
4,901 to 5,800
|
6
|
|
5,801 to 6,700
|
7
|
|
6,701 to 7,600
|
8
|
|
7,601 to 8,500
|
9
|
|
8,501 to 12,900
|
10
|
|
12,901 to 17,200
|
15
|
|
17,201 to 21,500
|
20
|
|
21,501 to 25,000
|
25
|
|
25,001 to 33,000
|
30
|
|
33,001 to 41,000
|
40
|
|
41,001 to 50,000
|
50
|
|
50,001 to 59,000
|
60
|
|
59,001 to 70,000
|
70
|
|
70,001 to 83,000
|
80
|
|
83,001 to 96,000
|
90
|
|
96,001 to 130,000
|
100
|
|
130,001 to 220,000
|
120
|
|
220,001 to 320,000
|
150
|
|
320,001 to 450,000
|
180
|
|
450,001 to 600,000
|
210
|
|
600,001 to 780,000
|
240
|
|
780,001 to 970,000
|
270
|
|
970,001 to 1,230,000
|
300
|
|
1,230,001 to 1,520,000
|
330
|
|
1,520,001 to
1,850,000
|
360
|
|
1,850,001 to
2,270,000
|
390
|
|
2,270,001 to
3,020,000
|
420
|
|
3,020,001 to
3,960,000
|
450
|
|
3,960,001 or more
|
480
|
| |
|
1Includes public water systems
which have at least 15 service connections, but serve fewer than 25
persons.
If a community water system serving 25 to 1,000 persons has
no history of total coliform contamination in its current configuration and a
sanitary survey conducted in the past five years shows that the system is
supplied solely by a protected ground water source and is free of sanitary
defects, the Division may reduce the monitoring frequency specified above,
except that in no case shall it be reduced to less than one sample per
quarter.
|
| (c) |
The monitoring
frequency for total coliform for non-community water systems is as follows:
| 1. |
A non-community water system using only
ground water (except ground water under the direct influence of surface water)
and serving 1,000 persons or fewer must monitor each calendar quarter that the
system provides water to the public, except that the Division may adjust this
monitoring frequency in writing, if a sanitary survey shows that the system is
free of sanitary defects. |
| 2. |
A
non-community water system using only ground water (except ground water under
the direct influence of surface water) and serving more than 1,000 persons
during any month must monitor at the same frequency as a like-sized community
water system, except that the Division may adjust this monitoring frequency, in
writing for any month the system serves 1,000 persons or fewer. |
| 3. |
A non-community water system using surface
water, in total or in part, must monitor at the same frequency as a like-sized
community water system, regardless of the number of persons it
serves. |
| 4. |
A non-community water
system using ground water under the direct influence of surface water must
monitor at the same frequency as a like-sized community water system. The
system must begin monitoring at this frequency beginning six months after the
Division determines that the ground water is under the direct influence of
surface water. |
|
| (d) |
The
public water system must collect samples at regular time intervals throughout
the month, except that a system which uses only ground water (except ground
water under the direct influence of surface water), and serves 4,900 persons or
fewer, may collect all required samples on a single day if they are taken from
different sites. |
| (e) |
Special
purpose samples, such as those taken to determine whether disinfection
practices are sufficient following pipe placement, replacement, or repair,
shall not be used to determine compliance with the MCL for total coliforms.
Repeat samples are not considered special purpose samples, and must be used to
determine compliance with the MCL for total coliforms. |
|
| (2) |
Repeat Coliform Monitoring.
| (a) |
If a routine sample is total
coliform-positive, the public water system must collect a set of repeat samples
within 24 hours of being notified of the positive result. A system which
collects more than one routine sample per month must collect no fewer than
three repeat samples for each total coliform-positive sample found. A system
which normally collects one routine sample per month or fewer must collect no
fewer than four repeat samples for each total coliform-positive sample found.
The Division may extend the 24- hour limit on a case-by-case basis if the
system has a logistical problem in collecting the repeat samples within 24
hours that is beyond its control. |
| (b) |
The system must collect at least one
repeat sample from the sampling tap where the original total coliform-positive
sample was taken, and at least one repeat sample at a tap within five service
connections upstream and at least one repeat sample at a tap within five
service connections downstream of the original sampling site. If a total
coliform-§positive sample is at the end of the distribution system, or one
away from the end of the distribution system, the Division may waive the
requirement to collect at least one repeat sample upstream or downstream of the
original sampling site. |
| (c) |
The
system must collect all repeat samples on the same day, except that the
Division may allow a system with a single service connection to collect the
required set of repeat samples over a four-day period. |
| (d) |
If one or more repeat samples in the set
is total coliform-positive, the public water system must collect an additional
set of repeat samples in the manner specified in paragraph (2). The additional
samples must be collected within 24 hours of being notified of the positive
result, unless the Division extends the limit as provided in paragraph (2). The
system must repeat this process until either total coliforms are not detected
in one complete set of repeat samples or the system determines that the MCL for
total coliforms has been exceeded and notifies the Division. |
| (e) |
If a system collecting fewer than five
routine samples per month has one or more total coliform-positive samples and
the Division does not invalidate the sample(s), it must collect at least five
routine samples during the next month the system provides water to the public,
except that the Division may waive this requirement if the conditions specified
below are met. The Division cannot waive the requirement for a system to
collect repeat samples.
| 1. |
The Division may
waive the requirement to collect five routine samples the next month the system
provides water to the public if the Division, or an agent approved by the
Division, performs a site visit before the end of the next month the system
provides water to the public. Although a sanitary survey need not be performed,
the site visit must be sufficiently detailed to allow the Division to determine
whether additional monitoring and/or any corrective action is needed. The
Division cannot approve an employee of the system to perform this site visit,
even if the employee is an agent approved by the Division to perform sanitary
surveys. |
| 2. |
The Division may waive
the requirement to collect five routine samples the next month the system
provides water to the public if the Division has determined why the sample was
total coliform-positive and establishes that the system has corrected the
problem or will correct the problem before the end of the next month the system
serves water to the public. The Division cannot waive the requirement to
collect five routine samples the next month the system provides water to the
public solely on the grounds that all repeat samples are total
coliform-negative. Under this paragraph, a system must still take at least one
routine sample before the end of the next month it serves water to the public
and use it to determine compliance with the MCL for total coliforms, unless the
Division has determined that the system has corrected the contamination problem
before the system took the set of repeat samples required above, and all repeat
samples were total coliform-negative. |
|
| (f) |
After a system collects a routine sample
and before it learns the results of the analysis of that sample, if it collects
another routine sample(s) from within five adjacent service connections of the
initial sample, and the initial sample, after analysis, is found to contain
total coliforms, then the system may count the subsequent sample(s) as a repeat
sample instead of as a routine sample. |
| (g) |
Results of all routine and repeat samples
not invalidated by the Division must be included in determining compliance with
the MCL for total coliforms. |
|
| (3) |
Invalidation of Total Coliform
Samples. A total coliform-positive sample invalidated under this
paragraph does not count towards meeting the minimum monitoring requirements of
this Rule.
| (a) |
The Division may invalidate a
total coliform-positive sample only if the conditions that follow below are
met:
| 1. |
The laboratory establishes that
improper sample analysis caused the total coliform-§positive
result. |
| 2. |
The Division, on the
basis of the results of repeat samples collected as required by this Rule,
determines that the total coliform-positive sample resulted from a domestic or
other non-distribution system plumbing problem. The Division cannot invalidate
a sample on the basis of repeat sample results unless all repeat sample(s)
collected at the same tap as the original total coliform-positive sample are
also total coliform-positive, and all repeat samples collected within five
service connections of the original tap are total coliform-negative (e.g., the
Division cannot invalidate a total coliform-positive sample on the basis of
repeat samples if all the repeat samples are total coliform-negative, or if the
public water system has only one service connection). |
| 3. |
The Division has substantial grounds to
believe that a total coliform-positive result is due to a circumstance or
condition which does not reflect water quality in the distribution system. In
this case, the system must still collect all repeat samples required under this
Rule, and use them to determine compliance with the MCL for total coliforms.
The Division may not invalidate a total coliform-positive sample solely on the
grounds that all repeat samples are total coliform-negative. |
|
| (b) |
A laboratory must invalidate a
total coliform sample (unless total coliforms are detected) if the sample
produces a turbid culture in the absence of gas production using an analytical
method where gas formation is examined (e.g., the Multiple-Tube Fermentation
Technique), produces a turbid culture in the absence of an acid reaction in the
Presence-Absence (P-A) Coliform Test, or exhibits confluent growth or produces
colonies too numerous to count with an analytical method using a membrane
filter (e.g., Membrane Filter Technique). If a laboratory invalidates a sample
because of such interference, the system must collect another sample from the
same location as the original sample within 24 hours of being notified of the
interference problem, and have it analyzed for the presence of total coliforms.
The system must continue to re-sample within 24 hours and have the samples
analyzed until it obtains a valid result. The Division may waive the 24-hour
time limit on a case-by-case basis. |
|
| (4) |
Sanitary Surveys.
| (a) |
All ground water systems must undergo
sanitary surveys no less frequently than every three years for community
systems, except as provided in paragraph (4)(b), and no less frequently than
every five years for non-community systems. The initial sanitary survey for
each community ground water system must be conducted by December 31, 2012,
unless the system meets requirements of paragraph (4)(b). |
| (b) |
For community ground water systems
determined by the Division to have outstanding performance based on prior
sanitary surveys, or that provide at least 4-log (99.99%) treatment of viruses
(using inactivation, removal, or a combination of the two) subsequent sanitary
surveys may be conducted no less than every five years. The initial sanitary
survey for community systems that meet these requirements and for each
non-community system must be conducted by December 31, 2014. |
| (c) |
All surface water systems (including
ground water under the influence) must undergo sanitary surveys no less
frequently than every three years for community systems and no less frequently
than every five years for non-community systems. For community systems
determined by the Division to have outstanding performance based on prior
sanitary surveys, subsequent sanitary surveys may be conducted no less than
every five years. |
| (d) |
Sanitary
surveys must be performed by the Division or an agent approved by the Division.
The system is responsible for ensuring the survey takes place. |
|
| (5) |
Fecal Coliforms -
Escherichia coli (E. coli) Testing.
| (a) |
If any routine or repeat sample is total
coliform-positive, the system must analyze that total coliform-positive culture
medium to determine if fecal coliforms are present, except that the system may
test for E. coli in lieu of fecal coliforms. If fecal
coliforms or E. coli are present, the system must notify the
Division by the end of the day when the system is notified of the test result,
unless the system is notified of the result after the Division office is
closed, in which case the system must notify the Division before the end of the
next business day. |
| (b) |
The Division
has the discretion to allow a public water system, on a case-by-case basis, to
forego fecal coliform or E. coli testing on a total
coliform-positive sample if that system assumes that the total
coliform-positive sample is fecal coliform-positive or E.
coli-positive. Accordingly, the system must notify the Division as
specified in this Rule and the MCL applies. |
|
| (6) |
Analytical Methodology.
| (a) |
The standard sample volume required for
total coliform analysis, regardless of analytical method used, is 100
mL. |
| (b) |
Public water systems need
only determine the presence or absence of total coliforms; a determination of
total coliform density is not required. |
| (c) |
Public water systems must conduct total
coliform analyses in accordance with
40 CFR § 141.21. |
| (d) |
Public water systems must conduct fecal
coliform analyses in accordance with
40 CFR § 141.21. |
|
| (7) |
Response to Violation.
| (a) |
A public water system which has exceeded
the MCL for total coliforms must report the violation to the Division no later
than the end of the next business day after it learns of the violation, and
notify the public in accordance with this chapter. |
| (b) |
A public water system which has failed to
comply with a coliform monitoring requirement, including the sanitary survey
requirement, must report the monitoring violation to the Division within ten
days after the system discovers the violation, and notify the public in
accordance with this chapter. |
|
| (8) |
The provisions of paragraph (1) and (4)
of this Rule are applicable until March 31, 2016. The provisions of paragraphs
(2), (3), (5), (6), and (7) of this Rule are applicable until all required
repeat monitoring under paragraph (2) of this Rule and fecal coliform or
E. coli testing under paragraph (5) of this Rule that was
initiated by a total coliform-positive sample taken before April 1, 2016 is
completed, as well as analytical method, reporting, recordkeeping, public
notification, and consumer confidence report requirements associated with that
monitoring and testing. Beginning April 1, 2016, the provisions of Rule
391-3-5-.55 are applicable, with
systems required to begin regular monitoring at the same frequency as the
system-specific frequency required on March 31, 2016. |
| (1) |
Purpose. The purpose of this Rule is to provide for the procedures
for establishing maximum contaminant levels, monitoring and other requirements
for trihalomethanes, disinfectant residuals, disinfection byproducts, and
disinfection byproduct precursors. |
| (2) |
Variances. Variances from
the maximum contaminant level for total trihalomethanes shall be conducted in
accordance with 40 CFR
§ 142.60. |
| (3) |
Disinfectant Residuals,
Disinfection Byproducts, and Disinfection Byproduct Precursors.
| (a) |
Community water systems and
non-transient, non-community water systems which add a chemical disinfectant to
the water in any part of the drinking water treatment process must modify their
practices to meet MCLs and MRDLs specified in subparagraph (7)(a) of Rule
391-3-5-.18, and must meet the
treatment technique requirements for disinfection byproduct precursors
specified in paragraph (10). |
| (b) |
Transient non-community water systems that use chlorine dioxide as a
disinfectant or oxidant must modify their practices to meet the MRDL for
chlorine dioxide specified in subparagraph (7)(a) of Rule
391-3-5-.18. |
| (c) |
Community Subpart H water systems and
non-transient, non-community Subpart H water systems must comply with the
requirements of this Rule, as specified in paragraphs (7)(b) and (7)(c) of Rule
391-3-5-.18, respectively. |
| (d) |
Beginning January 1, 2002, transient
non-community Subpart H water systems serving 10,000 or more persons and using
chlorine dioxide as a disinfectant or oxidant must comply with the requirements
for chlorine dioxide and chlorite in this Rule. |
| (e) |
Beginning January 1, 2004, transient
non-community Subpart H water systems serving fewer than 10,000 people and
using chlorine dioxide as a disinfectant or oxidant and systems using only
ground water not under the direct influence of surface water and using chlorine
dioxide as a disinfectant or oxidant must comply with the requirements for
chlorine dioxide and chlorite in this Rule. |
| (f) |
Systems may increase residual
disinfectant levels in the distribution system of chlorine or chloramines (but
not chlorine dioxide) to a level and for a time necessary to protect public
health, to address specific microbiological contamination problems caused by
circumstances such as, but not limited to, distribution line breaks, storm
run-off events, source water contamination events, or cross-connection
events. |
| (g) |
Systems must use the
analytical method(s) specified in
40 CFR § 141.131 to demonstrate compliance with the
requirements of this Rule. The analytical requirements specified in
40 CFR § 141.131, which is hereby incorporated by
reference, are required to demonstrate compliance with the requirements of
Subpart L (Disinfectant Residuals, Disinfection ByProducts, and Disinfection
ByProduct Precursors), Subpart U (Initial Distribution System Evaluations), and
Subpart V (Stage 2 Disinfection ByProducts Requirements) of
40 CFR Part
141. |
| (h) |
Monitoring Requirements.
40 CFR § 141.132, in its entirety, is hereby
incorporated by reference. For compliance with the requirements of this Rule,
the water systems must monitor the applicable parameters included in this Rule
at the frequency specified in
40 CFR § 141.132. Failure to monitor will be treated
as a violation for the entire period covered by the annual average where
compliance is based on a running annual average of monthly or quarterly samples
or averages and the system's failure to monitor makes it impossible to
determine compliance with MCLs or MRDLs.
| 1. |
Systems must take all samples during normal operating conditions. |
| 2. |
Systems may consider multiple wells
drawing water from a single aquifer as one treatment plant for determining the
minimum number of TTHM and HAA5 samples required, with the Division
approval. |
| 3. |
Systems may use only
data collected under the provisions of this Rule to qualify for reduced
monitoring. |
| 4. |
Each system required
to monitor under this Rule must develop and implement a monitoring plan. The
plan must include at least the following elements: specific locations and
schedules for collecting samples for any parameters included in this Rule; how
the system will calculate compliance with MCLs, MRDLs, and treatment
techniques; and if approved for monitoring as a consecutive system, or if
providing water to a consecutive system, the sampling plan must reflect the
entire distribution system.
| (i) |
The system
must maintain the plan and make it available for inspection by the Division and
the general public no later than thirty (30) days following applicable
compliance dates stated in paragraph (3)(c). |
| (ii) |
All Subpart H systems serving more than
3,300 people must submit a copy of the monitoring plan to the Division no later
than the date of the first report required under
40 CFR § 141.134. |
| (iii) |
The Division may require a monitoring
plan to be submitted by any other system. The Division may also require changes
in any plan elements. |
|
|
|
| (4) |
Monitoring and Compliance for
Disinfection Byproducts. Monitoring for disinfection byproducts shall be
conducted as specified in 40
CFR § 141.132(b).
Compliance with the disinfection byproducts requirements shall be determined in
accordance with 40 CFR
§ 141.133(b). |
| (5) |
Monitoring and Compliance for
Disinfectant Residuals.
| (a) |
Monitoring
for disinfectant residuals shall be conducted as specified in
40 CFR § 141.132(c). Compliance with
the disinfectant residuals requirements shall be determined in accordance with
40 CFR § 141.133(c). |
| (b) |
Routine monitoring.
Until March 31, 2016, community and non-transient non-community water systems
that use chlorine or chloramines must measure the residual disinfectant level
in the distribution system at the same point in the distribution system and at
the same time as total coliforms are sampled, as specified in
40 CFR § 141.21. Beginning April 1, 2016, community
and non-transient non-community water systems that use chlorine or chloramines
must measure the residual disinfectant level in the distribution system at the
same point in the distribution system and at the same time as total coliforms
are sampled, as specified in Rule
391-3-5-.55(4) through
(8). Subpart H systems may use the results of
residual disinfectant concentration sampling conducted under
40 CFR § 141.74(c)(3)(i) for systems
which filter, in lieu of taking separate samples. |
|
| (6) |
Monitoring and Compliance for
Disinfection Byproduct Precursors. Monitoring for disinfection byproduct
precursors shall be conducted as specified in
40 CFR § 141.132 (d). Compliance with the disinfection
byproduct precursors requirements shall be determined in accordance with
40 CFR § 141.133(c) and as specified
by 40 CFR § 141.135(b). |
| (7) |
Non-Compliance in First Monitoring
Year. If, during the first year of monitoring under
40 CFR § 141.132, any individual quarter's average
will cause the running annual average of that system to exceed the MCL, the
system shall be considered out of compliance at the end of that
quarter. |
| (8) |
Samples for
Compliance Determination. All samples taken and analyzed under the
provisions of this Rule must be included in determining compliance, even if
that number is greater than the minimum required. Compliance requirements
specified in 40 CFR Part
141, Subpart L§ 141.133 is hereby incorporated by
reference. |
| (9) |
Treatment
Techniques. Treatment techniques for control of disinfection byproduct
precursors requirements specified in
40 CFRPart
141, Subpart L§ 141.135 is hereby incorporated by
reference.
| (a) |
Subpart H systems using
conventional filtration treatment (as defined in § 141.2) must operate
with enhanced coagulation or enhanced softening to achieve the TOC percent
removal levels specified in 40 CFR § 141.135(b) unless the system
meets at least one of the alternative compliance criteria specified in
40 CFR §§ 141.135(a)(2) or
(a)(3). |
| (g) |
Required additional health information:
40 CFR § 141.154 is hereby incorporated by
reference. |
|
| (1) |
General
Requirements.
| (a) |
These requirements
constitute the primary drinking water rules for lead and copper. Unless
otherwise indicated, each of these provisions applies to community water
systems and non-transient, non-community water systems (hereinafter referred to
as "water systems" or "systems"). |
| (b) |
These rules establish a treatment
technique that includes requirements for corrosion control treatment, source
water treatment, lead service line replacement, and public education. These
requirements are triggered, in some cases, by lead and copper action levels
measured in samples collected at consumers' taps. |
| (c) |
Lead and copper action levels:
| 1. |
The lead action level is exceeded if the
concentration of lead in more than 10 percent of tap water samples collected
during any monitoring period conducted in accordance with Section
391-3-5-.25(7) is
greater than 0.015 mg/L. |
| 2. |
The
copper action level is exceeded if the concentration of copper in more than 10
percent of tap water samples collected during any monitoring period conducted
in accordance with Section
391-3-5-.25(7) is
greater than 1.3 mg/L. |
| 3. |
Calculation of the lead and copper action levels shall be based on the "90th
percentile" rule in accordance with
40 CFR, Part
141.80(c)(3). |
|
| (d) |
Corrosion control treatment
requirements:
| 1. |
All water systems shall
install and operate optimal corrosion control treatment as defined in Section
391-3-5-.02(73). |
| 2. |
Any water system that complies with the
applicable corrosion control treatment requirements specified by the Division
under Section
391-3-5-.25(2) and
(3) shall be deemed in compliance with the
treatment requirement contained in paragraph (d)(1) of this section. |
|
| (e) |
Source water treatment
requirements; Any system exceeding the lead or copper action level shall
implement all applicable source water treatment requirements specified by the
"Division" under Section
391-3-5-.25(4). |
| (f) |
Lead service line replacement
requirements; Any system exceeding the lead action level after implementation
of applicable corrosion control and source water treatment requirements shall
complete the lead service replacement requirements contained in Section
391-3-5-.25(5). |
| (g) |
Public education requirements; Pursuant
to 40 CFR, Part
141.85, all water systems must provide a
consumer notice of lead tap water monitoring results to persons served at the
sites/taps that are tested. Any system exceeding the lead action level shall
implement the public education requirements contained in Section
391-3-5-.25(6). |
| (h) |
Monitoring and analytical requirements;
Tap water monitoring for lead and copper, monitoring for water quality
parameters, source water monitoring for lead and copper, and analyses of the
monitoring results under this subpart shall be completed in compliance with
Section 391-3-5-.25(7) -
(10). |
| (i) |
Reporting requirements; Systems shall
report to the Division any information required by the treatment provisions of
this subpart and Section
391-3-5-.30(7). |
| (j) |
Record keeping requirements; Systems
shall maintain records in accordance with Section
391-3-5-.15. |
| (k) |
Violation of national primary drinking
water regulations; Failure to comply with the applicable requirements of
Section 391-3-5-.25(1) -
(10), including requirements established by
the Division pursuant to the provisions, shall constitute a violation of the
national primary drinking water regulations for lead and/or copper. |
| (l) |
The maximum contaminant level goals
(MCLGs) for lead and copper are as follows:
|
Contaminant
|
MCLG (mg/L)
|
|
Copper
|
1.3
|
|
Lead
|
0 (zero)
|
|
|
| (2) |
Applicability of Corrosion Control
Treatment Steps to Small, Medium and Large Water Systems.
| (a) |
Systems shall complete the applicable
corrosion control treatment requirements described in Section
391-3-5-.25(3) by
the deadlines established in this section.
| 1. |
A large system (serving more than 50,000 persons) shall complete the corrosion
control treatment steps specified in paragraph (d) of this section, unless it
is deemed to have optimized corrosion control under paragraph (b)2. or (b)3. of
this section. |
| 2. |
A small system
(serving less than 3,301 persons) and a medium-size system (serving more than
3,300 and less than 50,001 persons) shall complete the corrosion control
treatment steps specified in paragraph (d) of this section, unless it is deemed
to have optimized corrosion control under paragraph (b)1., (b)2., or (b)3. of
this section. |
|
| (b) |
A
system is deemed to have optimized corrosion control and is not required to
complete the applicable control treatment steps identified in this section if
the system satisfies one of the criteria specified in paragraphs (b)1. through
(b)3. of this section. Any such system deemed to have optimized corrosion
control under this paragraph, and which has treatment in place, shall continue
to operate and maintain optimal corrosion control treatment and meet any
requirements that the State determines appropriate to ensure optimal corrosion
control treatment is maintained.
| 1. |
A small
or medium-size water system is deemed to have optimized corrosion control if
the system meets the lead and copper action levels during each of two
consecutive six-month monitoring periods conducted in accordance with Section
391-3-5-.25(7). |
| 2. |
Any water system may be deemed by the
Division to have optimized corrosion control treatment if the system
demonstrates to the satisfaction of the Division that it has conducted
activities equivalent to the corrosion control steps applicable to such system
under this section. If the Division makes this determination, it shall provide
the system with written notice explaining the basis for its decision and shall
specify the water quality control parameters representing optimal corrosion
control in accordance with Section
391-3-5-.25(3).
Water systems deemed to have optimized corrosion control under this paragraph
shall operate in compliance with the Division designated optimal water quality
control parameters in accordance with
391-3-5-.25(3) and
continue to conduct lead and copper tap water quality parameter sampling in
accordance with Rule sections
391-3-5-.25(7)(d)3.
and 391-3-5-.25(8)(d).
A system shall provide the Division with the following information in order to
support a determination under this paragraph.
| (i) |
the results of all test samples collected
for each of the water quality parameters in Section
391-3-5-.25(3). |
| (ii) |
a report explaining the test methods
used by the water system to evaluate the corrosion control treatments listed in
Section 391-3-5-.25(3), the
results of all tests conducted, and the basis for the system's selection of
optimal corrosion control treatment. |
| (iii) |
a report explaining how corrosion
control has been installed and how it is being maintained to insure minimal
lead and copper concentrations at consumers' taps. |
| (iv) |
the results of tap water samples
collected in accordance with Section
391-3-5-.25(7) at
least once every six months for one year after corrosion control has been
installed. |
|
| 3. |
Any water
system is deemed to have optimized corrosion control if it submits results of
tap water monitoring conducted in accordance with Section
391-3-5-.25(7) and
source water monitoring conducted in accordance with Section
391-3-5-.25(9) that
demonstrates for two consecutive six-month monitoring periods that the
difference between the 90th percentile tap water lead level computed under
Section 391-3-5-.25(1)(c)3.,
and the highest source water lead concentration, is less than the Practical
Quantitation Level for lead specified in Section
391-3-5-.25(10).
| (i) |
Those systems whose highest source water
lead level is below the Method Detection Limit may also be deemed to have
optimized corrosion control under this paragraph if the 90th percentile tap
water lead levels is less than or equal to the Practical Quantitation Level for
the lead for two consecutive 6-month monitoring periods. |
| (ii) |
Any system deemed to have optimized
corrosion control in accordance with this paragraph shall continue monitoring
for lead and copper at the tap no less frequently than once every three
calendar years using the reduced number of sites specified in Rule
391-3-5-.25(7)(c)
and collecting samples at times and locations specified in Rule 391-3-5 -
.25(7)(d)4. |
| (iii) |
Any water system
deemed to have optimized corrosion control pursuant to this paragraph shall
notify the Division in writing pursuant to Rule
391-3-5-.25(11) of
any upcoming long-term change in treatment or addition of a new source. The
Division must review and approve the addition of a new source or long-term
change in water treatment before it is implemented by the water system. The
Division may require any system to conduct additional monitoring or to take
other action the Division deems appropriate to ensure that such systems
maintain minimal levels of corrosion in the distribution system. |
| (iv) |
As of July 12, 2001, a system is not
deemed to have optimized corrosion control under this paragraph, and shall
implement corrosion control treatment pursuant to paragraph (2)(b) 3.(v) of
this section unless it meets the copper action level. |
| (v) |
Any system triggered into corrosion
control because it is no longer deemed to have optimized corrosion control
under this paragraph shall implement corrosion control treatment in accordance
with the deadlines in paragraph (d) of this section. Any such large system
shall adhere to schedule specified in that paragraph for medium-size systems,
with the time periods for completing each step being triggered by the date the
system is no longer deemed to have optimized corrosion control under this
paragraph.
| (a) |
Any small or medium-size water
system that is required to complete the corrosion control steps due to its
exceedance of the lead or copper action level may request approval from the
Division to cease completing the treatment steps if the system meets both lead
and copper action levels during each of two consecutive monitoring periods
conducted pursuant to Section
391-3-5-.25(7) and
submits the results to the Division. If approval is granted, any such water
system thereafter exceeds the lead or copper action level during any monitoring
period, the system (or the Division, as the case may be) shall recommence
completion of the applicable treatment steps, beginning with the first
treatment step which was not previously completed in its entirety. The Division
may require a system to repeat treatment steps previously completed by the
system where the Division determines that this is necessary to implement
properly the treatment requirements of this section. The Division shall notify
the water system in writing of such a determination and explain the basis for
its decision. The requirement for any small- or medium-size water system to
implement corrosion control treatment steps in accordance with paragraph (d) of
this section (including, water systems deemed to have optimized corrosion
control under paragraph (b)1. of this section) is triggered whenever any small-
or medium-size water system exceeds the lead or copper action level. |
|
|
|
|
| (3) |
Description of Corrosion Control
Treatment Requirements. Each system shall complete the corrosion control
treatment requirements as described and in accordance with
40 CFR Part
141.82 and as approved by the
Division. |
| (4) |
Source Water
Treatment Requirements. Systems shall complete the applicable source
water monitoring and treatment requirements, described in the referenced
portions of paragraph (b) of this section, and in Section
391-3-5-.25(7) and
(9) by the following deadlines.
| (a) |
Deadlines for Completing Source Water
Treatment Steps.
| 1. |
Step 1: A system
exceeding the lead or copper action level shall complete lead and copper source
water monitoring (Section
391-3-5-.25(9)(b))
and make a treatment recommendation to the Division (Section
391-3-5-.25(4)(b)1.)
no later than 180 days after the end of the monitoring period in which the lead
or copper action level was exceeded. |
| 2. |
Step 2: The Division shall make a
determination regarding source water treatment (Section
391-3-5-.25(4)(b)2.)
within 6 months after submission of monitoring results under Step 1. |
| 3. |
Step 3: If the Division requires
installation of source water treatment, the system shall install the treatment
(Section 391-3-5-.25(4)(b)3.)
within 24 months after completion of Step 2. |
| 4. |
Step 4: The system shall complete
follow-up tap water monitoring for lead and copper (Section
391-3-5-.25(7)(d)2.)
and source water monitoring for lead and copper (Section
391-3-5-.25(9)(c))
within 36 months after completion of Step 2. |
| 5. |
Step 5: The Division shall review the
system's installation and operation of source water treatment and specify
maximum permissible source water levels (Section
391-3-5-.25(4)(b)4.)
within 6 months after completion of Step 4. |
| 6. |
Step 6: The system shall operate in
compliance with the Division specified maximum permissible lead and copper
source water levels (Section
391-3-5-.25(4)(b)4.)
and continue source water monitoring for lead and copper (Section
391-3-5-.25(9)(d)). |
|
| (b) |
Description of Source Water
Treatment Requirements:
| 1. |
System treatment
recommendation. Any system which exceeds the lead or copper action level shall
recommend in writing to the Division the installation and operation of one of
the source water treatments listed in paragraph (b)2. of this section. A system
may recommend that no treatment be installed based upon a demonstration that
source water treatment is not necessary to minimize lead and copper levels at
users' taps. |
| 2. |
Division
determination regarding source water treatment. The Division shall complete an
evaluation of the results of all source water samples submitted by the water
system to determine whether source water treatment is necessary to minimize
lead or copper levels in water delivered to users' taps. If the Division
determines that treatment is needed, the Division shall either require
installation and operation of the source water treatment recommended by the
system (if any) or require the installation and operation of another source
water treatment such as: ion exchange, reverse osmosis, lime softening or
coagulation/filtration. If the Division requests additional information to aid
in its review, the water system shall provide the information by the date
specified by the Division in its request. The Division shall notify the system
in writing of its determination and set forth the basis for its
decision. |
| 3. |
Installation of source
water treatment. Each system shall properly install and operate the source
water treatment designated by the Division under paragraph (b)2. of this
section. |
| 4. |
Division review of
source water treatment and specification of maximum permissible source water
levels. The Division shall review the source water samples taken by the water
system both before and after the system installs source water treatment, and
determine whether the system has properly installed and operated the source
water treatment designated by the Division. Based upon its review, the Division
shall designate the maximum permissible lead and copper concentrations for
finished water entering the distribution system. Such levels shall reflect the
contaminant removal capability of the treatment properly operated and
maintained. The Division shall notify the system in writing and explain the
basis for its decision. |
| 5. |
Continued operation and maintenance. Each water system shall maintain lead and
copper levels below the maximum permissible concentrations designated by the
Division at each sampling point monitored in accordance with Section
391-3-5-.25(9). The
system is out of compliance with this paragraph if the level of lead and/or
copper at any sampling point is greater than the maximum permissible
concentration designated by the Division. |
| 6. |
Modification of Division treatment
decisions. Upon its own initiative or in response to a request by a water
system or other interested party, the Division may modify its determination of
the source water treatment under paragraph (2) of this section, or maximum
permissible lead and copper concentrations for finished water entering the
distribution system under paragraph (4) of this section. A request for
modification by a system or other interested party shall be in writing, explain
why the modification is appropriate, and provide supporting documentation. The
Division may modify its determination where it concludes that such change is
necessary to ensure that the system continues to minimize lead and copper
concentrations in source water. A revised determination shall be made in
writing, set forth the new treatment requirements, explain the basis for the
Division's decision, and provide an implementation schedule for completing the
treatment modifications. |
| 7. |
EPA may
review treatment determinations made by the Division and issue federal
treatment determinations as outlined in
40 CFR, Part
141.83(b)(7). |
|
|
| (5) |
Lead Service
Line Replacement Requirements. Systems may be required to replace lead
service lines when they fail to meet the lead action level in tap samples.
40 CFR, Part
141.84 describes the conditions that will
require lead service line replacement. |
| (6) |
Public Educational and Supplemental
Monitoring Requirements. All water systems must deliver a consumer
notice of lead tap water monitoring results to persons served by the water
system at the sites/taps that are tested. A water system that exceeds the lead
action level based on tap water samples collected in accordance with Section
391-3-5-.25(7)
shall carry out a public education program as described in
40 CFR, Part
141.85. |
| (7) |
Monitoring Requirements for Lead
and Copper in Tap Water.
| (a) |
Sample
site location.
| 1. |
By the applicable date for
commencement of monitoring under paragraph (d)1. of this section, each water
system shall complete a materials evaluation of its distribution system. In
order to identify a pool of targeted sampling sites that meets the requirements
of this section, and which is sufficiently large to ensure that the water
system can collect the number of lead and copper tap samples required in
paragraph (c) of this section. All sites from which first draw samples are
collected shall be selected from this pool of targeted sampling sites. Sampling
sites may not include faucets that have point-of-use or point-of-entry
treatment devices. |
| 2. |
A water
system shall use the information on lead, copper, and galvanized steel that it
is required to collect under Section
391-3-5-.26(3) of
this part [special monitoring for corrosivity characteristics] when conducting
a materials evaluation. When an evaluation of the information collected
pursuant to Section
391-3-5-.26(3) is
insufficient to locate the requisite number of lead and copper sampling sites
that meet the targeting criteria in paragraph (a)1. of this section, the water
system shall review the sources of information listed below in order to
identify a sufficient number of sampling sites. In addition, the system shall
seek to collect such information where possible in the course of its normal
operations (e.g., checking service line materials when reading water meters or
performing maintenance activities):
| (i) |
all
plumbing codes, permits, and records in the files of the building department(s)
which indicate the plumbing materials that are installed within publicly and
privately owned structures connected to the distribution system; |
| (ii) |
all inspections and records of the
distribution system that indicate the material composition of the service
connections that connect a structure to the distribution system; and |
| (iii) |
all existing water quality information,
which includes the results of all prior analyses of the system or individual
structures connected to the system, indicating locations that may be
particularly susceptible to high lead or copper concentrations. |
|
| 3. |
The sampling sites selected for
a community water system's sampling pool ("tier 1 sampling sites") shall
consist of single family structures that:
| (i) |
contain copper pipes with lead solder installed after 1982 or contain lead
pipes; and/or |
| (ii) |
are served by a
lead service line. When multiple-family residences comprise at least 20 percent
of the structures served by a water system, the system may include these types
of structures in its sampling pool. |
|
| 4. |
Any community water system with
insufficient tier 1 sampling sites shall complete its sampling pool with "tier
2 sampling sites", consisting of buildings, including multiple-family
residences that:
| (i) |
contain copper pipes
with lead solder installed after 1982 or contain lead pipes; and/or |
| (ii) |
are served by a lead service
line. |
|
| 5. |
Any community
water system with insufficient tier 1 and tier 2 sampling sites shall complete
its sampling pool with "tier 3 sampling sites", consisting of single family
structures that contain copper pipes with lead solder installed before 1983. A
community water system with insufficient tier 1, tier 2, and tier 3 sampling
sites shall complete its sampling pool with representative sites throughout the
distribution system. For the purpose of this paragraph, a representative site
is a site in which the plumbing materials used at that site would be commonly
found at other sites served by the water system. |
| 6. |
The sampling sites selected for a
non-transient non-community water system ("tier 1 sampling sites") shall
consist of buildings that:
| (i) |
contain copper
pipes with lead solder installed after 1982 or contain lead pipes;
and/or |
| (ii) |
are served by a lead
service line. |
|
| 7. |
A
non-transient non-community water system with insufficient tier 1 sites that
meet the targeting criteria in paragraph (a)6. of this section shall complete
its sampling pool with sampling sites that contain copper pipes with lead
solder installed before 1983. If additional sites are needed to complete the
sampling pool, the nontransient non-community water system shall use
representative sites throughout the distribution system. For the purpose of
this paragraph, a representative site is a site in which the plumbing materials
used at that site would be commonly found at other sites served by the water
system. |
| 8. |
Any water system whose
sampling pool does not consist exclusively of tier 1 sites shall demonstrate to
the Division under Section
391-3-5-.25(11) why
a review of the information listed in paragraph (a)2. of this section was
inadequate to locate a sufficient number of tier 1 sites. Any community water
system which includes tier 3 or other representative sampling sites in its
sampling pool shall demonstrate why it was unable to locate a sufficient number
of tier 1 and tier 2 sampling sites. |
| 9. |
Any water system whose distribution system
contains lead service lines shall draw 50 percent of the samples it collects
during each monitoring period from sites that contain lead pipes, or copper
pipes with lead solder, and 50 percent of those samples from sites served by a
lead service line. A water system that cannot identify a sufficient number of
sampling sites served by lead service line shall collect first draw samples
from all of the sites identified as being served by such lines. |
|
| (b) |
Sample collection methods.
| 1. |
All tap samples for lead and copper
collected in accordance with this subpart, with the exception of lead service
line samples collected under Section
391-3-5-.25(5),
shall be first draw samples. |
| 2. |
Each first-draw tap sample for lead and copper shall be one liter in volume and
must have stood motionless in the plumbing system of each sampling site for at
least six hours. First draw samples from residential housing shall be collected
from the cold-water kitchen or bathroom sink tap. First-draw samples from a
non-residential building shall be one liter in volume and shall be collected at
an interior tap from which is typically drawn for consumption. First draw
samples may be collected by the system or the system may allow residents to
collect first draw samples after instructing the residents of the sampling
procedures specified in this paragraph. To avoid problems of residents handling
nitric acid, acidification of first-draw samples may be done up to fourteen
(14) days after the sample is collected. After acidification to resolubilize
the metals, the sample must stand in the original container for the time
specified in the approved EPA method before the sample can be analyzed. If a
system allows residents to perform sampling, the system may not challenge,
based on alleged errors in sample collection, the accuracy of sampling
results. |
| 3. |
Each service line
sample shall be one liter in volume and have stood motionless in the lead
service line for at least six hours. Lead service line samples shall be
collected in one of the following three ways:
| (i) |
at the tap after flushing the volume of
water between the tap and the lead service line. The volume of water shall be
calculated based on the interior diameter and length of the pipe between the
tap and the lead service line; |
| (ii) |
tapping directly into the lead service line; or |
| (iii) |
if the sampling site is a building
constructed as a single-family residence, allowing the water to run until there
is a significant change in temperature which would be indicative of water that
has been standing in the lead service line. |
|
| 4. |
A water system shall collect each first
draw tap sample from the same sampling site from which it collected a previous
sample. If, for any reason, the water system cannot gain entry to a sampling
site in order to collect a follow-up tap sample or a particular site is no
longer available, the system may collect the follow-up tap sample from another
sampling site in its sampling pool as long as the new site meets the same
targeting criteria, and is within reasonable proximity of the original
site. |
| 5. |
A non-transient
non-community water system, or a community water system that meets the criteria
of Rule 391-3-5-.25(7)(a)3. -
7. that does not have enough taps that can
supply first-draw samples, as defined in Rule
391-3-5-.25(7)(b)2.,
must collect multiple samples from available sites/taps, provided the samples
are collected at different times and/or on different days in order to meet the
"first-draw"/6-hour minimum non-use time criteria. |
|
| (c) |
Number of samples.
Water systems shall collect at least one sample during each
monitoring period specified in paragraph (d) of this section from the number of
sites listed in the first column below ("# of Sites Standard Monitoring") of
the table in this paragraph. A system conducting reduced monitoring under
paragraph (d)4. of this section shall collect at least one sample from the
number of sites specified in the second column ("# of Sites Reduced
Monitoring") of the table in this paragraph during each monitoring period
specified in paragraph (d)4. of this section. Such reduced monitoring sites
shall be representative of the sites required for standard monitoring. States
may specify sampling locations when a system is conducting reduced monitoring.
The table is as follows:
|
System Size Population
Served
|
Number of Sites Standard
Monitoring
|
Number of Sites Reduced
Monitoring
|
|
100,001 or more
|
100
|
50
|
|
10,001 to 100,000
|
60
|
30
|
|
3,301 to 10,000
|
40
|
20
|
|
501 to 3,300
|
20
|
10
|
|
101 to 500
|
10
|
5
|
|
100 or fewer
|
5
|
5
|
|
| (d) |
Timing of monitoring.
| 1. |
Initial tap
sampling: Two consecutive six-month periods, between January-June and between
July-December.
| (i) |
All large systems shall
monitor at the required number of standard monitoring sites during two
consecutive six-month periods. |
| (ii) |
All small and medium-size systems shall monitor at the required number of
standard monitoring sites during each six-month monitoring period until:
| (I) |
the system exceeds the lead or copper
action level and is therefore required to implement the corrosion control
treatment requirements under Section
391-3-5-.25(2), in
which case the system shall continue monitoring in accordance with paragraph
(d)2. of this section, or |
| (II) |
the
system meets the lead or copper action levels during two consecutive six-month
monitoring periods, in which case the system may reduce monitoring in
accordance with paragraph (d)4. of this section. |
|
|
| 2. |
Monitoring after installation
of corrosion control and source water treatment.
| (i) |
Any large system which installs optimal
corrosion control treatment pursuant to Section
391-3-5-.25(2)(d)
shall monitor during two consecutive six-month monitoring periods by the date
specified in Section
391-3-5-.25(2)(d). |
| (ii) |
Any small or medium-size system which
installs optimal corrosion control treatment pursuant to Section
391-3-5-.25(2)
shall monitor during two consecutive six-month monitoring periods by the date
specified in Section
391-3-5-.25(2)(d). |
| (iii) |
Any system which installs source water
treatment pursuant to Section
391-3-5-.25(4)(a)3.
shall monitor during two consecutive six-month monitoring periods by the date
specified in Section
391-3-5-.25(4)(a)4. |
|
| 3. |
Monitoring after Division
specifies water quality parameter values for optimal corrosion control. After
the Division specifies the value for water quality control parameters under
Section 391-3-5-.25(3), the
system shall monitor during each subsequent six-month monitoring period, with
the first monitoring period to begin on the date the Division specifies the
optimal values under Section
391-3-5-.25(3). |
| 4. |
Reduced monitoring.
| (i) |
A small or medium-size water system that
meets the lead and copper action levels during each of two consecutive
six-month monitoring periods may reduce the number of samples in accordance
with paragraph (c) of this section, and reduce the frequency of sampling to
once per year between the months of June and September of the calendar year
immediately following the end of the second consecutive six-month monitoring
period. |
| (ii) |
Any water system that
meets the lead and copper action levels and maintains the range of values for
the water quality control parameters reflecting optimal corrosion control
treatment specified by the Division under Section
391-3-5-.25(3)
during each of two consecutive six-month monitoring periods may reduce the
frequency of monitoring to once per year between the months of June and
September and reduce the number of lead and copper samples in accordance with
paragraph (c) of this section if it receives written approval from the
division. This sampling shall begin during the calendar year immediately
following the end of the second consecutive six-month monitoring period. The
Division shall review monitoring, treatment, and other relevant information
submitted by the water system in accordance with
391-3-5-.25(11) and
shall notify the water system in writing when the Division determines the water
system is eligible to commence reduced monitoring to once every three (3) years
pursuant to this paragraph. The Division shall review, and where appropriate,
revise its determination when the system submits new monitoring or treatment
data, or when other data relevant to the number and frequency of tap sampling
becomes available. |
| (iii) |
A small or
medium-size water system that meets the lead and copper action levels during
three consecutive years of monitoring may reduce the frequency of monitoring
for lead and copper from annually to once every three years. Sampling must
still occur between the months of June and September of the year in which
monitoring is required. Any water system that meets the lead and copper action
levels and maintains the range of values for the water quality control
parameters reflecting optimal corrosion control treatment specified by the
Division under Section
391-3-5-.25(3)
during three consecutive years of monitoring may reduce the frequency from
annually to once every three years if it receives written approval from the
Division. Samples collected once every three years must be collected no later
than every third calendar year. The Division shall review monitoring,
treatment, and other relevant information submitted by the water system in
accordance with
391-3-5-.25(11) and
shall notify the system in writing when it determines the system is eligible to
reduce the frequency of monitoring to once every three years. The Division
shall review, and where appropriate, revise its determination when the system
submits new monitoring or treatment data, or when other data relevant to the
number and frequency of tap sampling becomes available. |
| (iv) |
A water system that reduces the number
and frequency of sampling shall collect these samples from representative sites
included in the original pool of targeted sampling sites identified in
paragraph (a)1. of this section. Systems sampling annually or less frequently
shall conduct the lead and copper tap sampling during the months of June, July,
August or September unless the Division has approved a different sampling
period in accordance with paragraph (d)4.(iv)(1) of this section.
| (I) |
The Division, at its discretion, may
approve a different period for conducting the lead and copper tap sampling for
systems collecting a reduced number of samples. Such a period shall be no
longer than four consecutive months and must represent a time of normal
operation where the highest levels of lead are most likely to occur. For
non-transient non-community water system that does not operate during the
months of June, through September, and for which the period of normal operation
where the highest levels of lead are most likely to occur is not known, the
Division shall designate a period that represents a time of normal operation
for the system. Any alternate reduced monitoring must meet criteria set forth
in 40 CFR, part
141.86(d)(4)(iv)(A). |
| (II) |
Systems monitoring annually, that have
been collecting samples during the months of June through September and that
receive Division approval to alter their sample collection period under
paragraph (d)4.(iv)(I) of this section, must collect their next round of
samples during a time period that ends no later than 21 months after the
previous round of sampling. Systems monitoring triennially that have been
collecting samples during the months of June through September, and receive
Division approval to alter the sampling collection period per paragraph
(d)4.(iv)(I) of this section, must collect their next round of samples during a
time period that ends no later than 45 months after the previous round of
sampling. Subsequent rounds of sampling must be collected annually or
triennially, as requested by this section. Small systems with waivers, granted
pursuant to paragraph (g) of this section, that have been collecting samples
during the months of June through September and receive Division approval to
alter their sample collection period under paragraph (d)4.(iv)(I) of this
section must collect their next round of samples before the end of the 9-year
period. |
|
| (v) |
Any water
system that demonstrates for two consecutive 6- month monitoring periods that
the tap water lead level computed under Rule
391-3-5-.25(1)(c)3.
is less than or equal to 0.005 mg/L and the tap water copper level computed
under Rule
391-3-5-.25(1)(c)3.
is less than or equal to 0.65 mg/L may reduce the number in accordance with
paragraph (3) of this section and reduce the frequency of sampling to once
every three calendar years. |
| (vi) |
| (I) |
A small or medium-size water system
subject to reduced monitoring that exceeds the lead or copper action level
shall resume sampling in accordance with paragraph (d)3.of this section and
collect the number of samples for standard monitoring under paragraph (c) of
this section. Such a system shall also conduct water quality parameter
monitoring in accordance with
40 CFR, Part
141.87(b), (c) or (d) (as
appropriate) during the monitoring period in which it exceeded the action
level. Any such system may resume annual monitoring for lead and copper at the
tap at the reduced number of sites specified in paragraph (c) of this section
after it has completed two consecutive six-month rounds of monitoring with no
action level exceeded. |
| (II) |
Any
water system subject to the reduced monitoring frequency that fails to meet the
lead or copper action level during any four-month monitoring period or that
fails to operate at or above the minimum value or within the range of values
for the water quality parameters specified by the Division for more than nine
days in any six-month monitoring period shall conduct tap water sampling for
lead and copper at the frequency specified in paragraph (d)3. of this section,
collect the number of samples specified for standard monitoring under paragraph
(c) of this section, and shall resume monitoring for water quality parameters
within the distribution system in accordance with
40 CFR, Part
141.87(d). This standard tap
water sampling shall begin no later than the six-month period beginning January
1 of the calendar year following the lead or copper action level exceedance or
water quality parameter excursion. Such a system may resume reduced monitoring
for lead and copper at the tap and for water quality parameters within the
distribution system under the following conditions:
| I. |
The system may resume annual monitoring
for lead and copper at the tap at the reduced number of sites specified in
paragraph (c) of this section after it has completed two consecutive six-month
rounds of monitoring that meet both lead and copper action levels and the
system has received written approval from the Division that it is appropriate
to resume reduced monitoring on an annual frequency. This sampling shall begin
during the calendar year immediately following the end of the second
consecutive six-month monitoring period. |
| II. |
The system may resume triennial
monitoring for lead and copper at the tap at the reduced number of sites after
it demonstrates through subsequent rounds of monitoring that it meets the
action level criteria for lead and copper and has received approval from the
Division that it is appropriate to resume triennial monitoring. |
| III. |
The system may reduce the number of
water quality parameter tap water samples required and the frequency with which
it collects such samples in accordance with
40 CFR, Part
141.87(e)(1) and (2). Such a
system may not resume triennial monitoring for water quality parameters at the
tap until it demonstrates that it has re-qualified for triennial monitoring, in
accordance with 40 CFR, Part
141.87(e)(2). |
|
|
| (vii) |
Any water system
subject to a reduced monitoring frequency under paragraph (d)(4) of this
section shall notify the Division in writing of any upcoming long-term change
in treatment or addition of a new source as described in
40 CFR, Part
141.90(a)(3). The Division
must review and approve the addition of a new source or long-term change in
water treatment before it is implemented by the water system. The Division may
require the system to resume sampling in accordance with paragraph (7)(d)3. of
this section and collect the number of samples specified for standard
monitoring under paragraph (7)(c) of this section or take other appropriate
steps such as increased water quality parameter monitoring or re-evaluation of
its corrosion control treatment given the potentially different water quality
considerations. |
|
|
| (e) |
Additional monitoring by systems. The
results of any monitoring conducted in addition to the minimum requirements of
this section shall be considered by the system and the Division in making any
determinations (i.e., calculating the 90th percentile lead or copper level)
under this subpart or 40 CFR
Part 141.82. |
| (f) |
Invalidation of lead or copper tap water
samples. A sample invalidated under this paragraph does not count toward
determining lead or copper 90th percentile levels under
391-3-5-.25(1)(c)
or toward meeting the minimum monitoring requirements of paragraph (c) of this
section.
| 1. |
The Division may invalidate a
lead or copper tap water sample if at least one of the following conditions is
met.
| (i) |
The laboratory establishes that
improper sample analysis caused erroneous results. |
| (ii) |
The Division determines that the sample
was taken from a site that did not meet the site selection criteria of this
section. |
| (iii) |
The sample container
was damaged in transit. |
| (iv) |
There
is substantial reason to believe that the sample was subject to
tampering. |
|
| 2. |
The system
must report the results of all samples to the Division and all supporting
documentation for samples the system believes should be invalidated. |
| 3. |
To invalidate a sample under paragraph
(f)1. of this section, the decision and the rationale for the decision must be
documented in writing. The Division may not invalidate a sample solely on the
grounds that a follow-up sample result is higher or lower than that of the
original sample. |
| 4. |
The water
system must collect replacement samples for any samples invalidated under this
section if, after the invalidation of one or more samples, the system has too
few samples to meet the minimum requirements of paragraph (c) of this section.
Any such replacement samples must be taken as soon as possible, but no later
than 20 days after the date the Division invalidates the sample or by the end
of the applicable monitoring period, whichever occurs later. Replacement
samples taken after the end of the applicable monitoring period shall not be
used to meet the monitoring requirements of a subsequent monitoring period. The
replacement samples shall be taken at the same locations as the invalidated
samples or, if that is not possible, at locations other than those already used
for sampling during the monitoring period. |
|
| (g) |
Monitoring waivers for small systems. Any
small system that meets the criteria of
40 CFR, Section
141.86(g) may apply to the
Division to reduce the frequency of monitoring for lead and copper. |
|
| (8) |
Monitoring Requirements
for Water Quality Parameters. All large water systems and all small and
medium-size systems that exceed the lead or copper action level shall monitor
water quality parameters in addition to lead and copper in accordance with this
section. The requirements of this section are summarized in a table at the end
of 40 CFR, Part
141.87.
| (a) |
Systems will have to monitor water quality parameters at different locations.
| 1. |
Representative taps throughout the
distribution system (system can use total coliform sample sites). The system
should take into account the number of persons served, the different sources of
water, the different treatment methods employed by the system, and seasonal
variability. |
| 2. |
Samples are to be
collected of the treated water from each source before entry point to the
distribution system. If the system draws water from more than one source and
the sources are combined before distribution, the system must sample at an
entry point to the distribution system during periods of normal operating
conditions (i.e., when water is representative of all sources being
used). |
| 3. |
Number of samples.
| (i) |
Systems shall collect two tap samples for
applicable water quality parameters during each monitoring period as described
in paragraphs (b) thru (e) of this section. The following number of sites is
required:
Distribution System Tap Sampling Requirements for Water
Quality Parameters. (Other Than Lead and Copper)
|
System Size Population
Served
|
Number of Distribution
Sampling Sites Base Monitoring
|
|
100,001 or more
|
25
|
|
10,001 to 100,000
|
10
|
|
3,301 to 10,000
|
3
|
|
501 to 3,300
|
2
|
|
101 to 500
|
1
|
|
100 or fewer
|
1
|
|
| (ii) |
Except as provided in paragraph (c) of this section, systems shall collect two
samples for each water quality parameter at each entry point to the
distribution system during each monitoring period as described in paragraph (b)
of this section. During each monitoring period specified in paragraphs (c)-(e)
of this section, systems shall collect one sample for each applicable water
quality parameter at each entry point to the distribution system. |
|
|
| (b) |
Initial Sampling -
All large water systems shall measure the water quality parameters listed below
at distribution system taps and at each entry point to the distribution system
during each six-month monitoring period (specified in Section
391-3-5-.25(7)(d)1.).
| 5. |
orthophosphate, when an inhibitor
containing phosphate is used; |
| 6. |
silica, when an inhibitor containing silica is used; |
|
| (c) |
Monitoring after installation of
corrosion control. All large systems which install optimal corrosion control
treatment according to Section
391-3-5-.25(7)(d)2.(i)
shall measure water quality parameters at the locations and frequencies listed
below during each six month monitoring period. All small or medium size systems
which install optimal corrosion treatment shall conduct such monitoring during
each six-month monitoring period specified in Section
391-3-5-.25(7)(d)2.(ii)
only when the system exceeds the lead and copper action level.
| 1. |
At the required number of distribution
system sites/taps, two samples every six months for:
| (iii) |
orthophosphate, when an inhibitor
containing phosphate is used; |
| (iv) |
silica, when an inhibitor containing silica is used; |
|
| 2. |
At each entry point to the distribution
system, one sample every two weeks for:
| (ii) |
when alkalinity is
adjusted as part of optimal corrosion control, a reading of the dosage rate of
the chemical used to adjust alkalinity, and the alkalinity
concentration. |
| (iii) |
when a
corrosion inhibitor is used as part of optimal corrosion control, a reading of
the dosage rate of the inhibitor used, and the concentration of orthophosphate
or silica. |
|
|
| (d) |
Monitoring after the Division specifies
water quality parameter values for optimal corrosion control will be as
follows. The Division will specify the values for applicable water quality
control parameters reflecting optimal corrosion control treatment in accordance
with 40 CFR Part, 141.82(f). All large systems shall measure the applicable
water quality parameters in accordance with paragraph (c) of this section and
determine compliance with the requirements of
391-3-5-.25(7)(d)3
every six months with the first six-month period to begin on January 1 or July
1, whichever comes first, after the Division specifies optimal values under
40 CFR, Part
141.82(f). Any small or
medium-size system shall conduct such monitoring during each six-month period
specified in this paragraph in which the system exceeds the lead and/or copper
action level(s). For any such small and medium-size system that is subject to a
reduced monitoring frequency pursuant to
391-3-5-.25(7)(d)4.
at the time of the action level exceedance, the start of the applicable
six-month period under this paragraph shall coincide with the start of the
applicable monitoring period under
391-3-5-.25(7)(d)4.
Compliance with the division-designated optimal water quality parameter values
shall be determined as specified under
391-3-5-.25(7)(d)3. |
| (e) |
Reduced monitoring for water quality
parameters.
| 1. |
Any water system that
maintains the range of values for the water quality parameters reflecting
optimal corrosion control treatment during each of two consecutive six-month
monitoring periods under paragraph (d) of this section shall continue
monitoring at the entry point(s) to the distribution system as specified in
paragraph (c)2. of this section. Such system may collect two tap samples for
applicable water quality parameters from the following reduced number of sites
during each six-month monitoring period.
|
System Size
Population
Served
|
Number of Distribution
Sampling Sites
Reduced
Monitoring
|
|
100,001 or more
|
10
|
|
10,001 to 100,000
|
7
|
|
3,301 to 10,000
|
3
|
|
501 to 3,300
|
2
|
|
101 to 500
|
1
|
|
100 or fewer
|
1
|
|
| 2. |
| (i) |
Any water system that maintains the range
of values for the water quality parameters reflecting optimal corrosion control
treatment specified by the Division under Section
391-3-5-.25(3)
during three consecutive years of monitoring may reduce the frequency with
which it collects the number of tap samples for applicable water quality
parameters specified in paragraph (e)1. of this section from every six months
to annually. This sampling begins during the calendar year immediately
following the end of the monitoring period in which the third consecutive year
of six-month monitoring occurs. Any water system that maintains the range of
values for the water quality parameters reflecting optimal corrosion control
treatment specified by the Division during three consecutive years of annual
monitoring under this paragraph may reduce the frequency with which it collects
the number of tap samples for applicable water quality parameters from annually
to every three years. This sampling begins no later than the third calendar
year following the end of the monitoring period in which the third consecutive
year of monitoring occurs. |
| (ii) |
A
water system may reduce the frequency with which it collects tap samples for
applicable water quality parameters specified in paragraph (e)1. of this
section to every three years if it demonstrates during two consecutive
monitoring periods that its tap water lead level at the 90th percentile is less
than or equal to the practical quantitation limit (PQL) for lead specified in
391-3-5-.25(10),
that its tap water copper level is less than or equal to 0.65 mg/L for copper
in 391-3-5-.25(2)(c),
and that it also has maintained the range of values for the water quality
parameters reflecting optimal corrosion control treatment specified by the
division under
391-3-5-.25(2)(d).
Monitoring conducted every three years must be done no later than every third
calendar year. |
|
| 3. |
A water
system that conducts sampling annually shall collect these samples evenly
throughout the year so as to reflect seasonal variability. |
| 4. |
Any water system subject to reduced
monitoring frequency that fails to operate at or above the minimum value within
the range of values for the water quality parameters specified by the Division
under Section
391-3-5-.25(3)
shall resume distribution system tap water sampling in accordance with the
number and frequency requirements in paragraph (d) of this section. Such a
water system may resume annual monitoring for water quality parameters at the
tap at the reduced number of sites specified under Section
391-3-5-.25(8)(e)1.
after it has completed two subsequent consecutive six-month rounds of
monitoring that meet the criteria of that paragraph or may resume triennial
monitoring for water quality parameters at the tap at the reduced number of
sites after the water system demonstrates through subsequent rounds of
monitoring that the water system meets the criteria of either paragraph
(e)2.(i) or (e)2.(ii) of this section or both. |
|
| (f) |
Additional monitoring by systems must be
approved by the Division. |
|
| (9) |
Monitoring Requirements for Lead
and Copper in Source Water.
| (a) |
Sample
location, collection methods, and number of samples.
| 1. |
A water system that fails to meet the lead
or copper action level on the basis of routine tap samples collected in
accordance with Section
391-3-5-.25(7)
shall collect lead and copper source water samples in accordance with the
requirements regarding sample location, number of samples, and collection
methods specified in 40 CFR,
Part 141.88(a)(1)(i)-(iv) and
(A)-(B). |
| 2. |
Where the results of sampling indicate an
exceedance of maximum permissible source water levels established under Section
391-3-5-.25(4)(b)4.,
the Division may require that one additional sample be collected as soon as
possible after the initial sample was taken (but not to exceed two weeks) at
the same sampling point. If a Division-required confirmation sample is taken
for lead or copper, then the results of the initial and confirmation sample
shall be averaged in determining compliance with the Division-specified maximum
permissible levels. Any sample value below the detection limit shall be
considered to be zero. Any value above the detection limit but below the PQL
shall either be considered as the measured value or be considered one-half the
PQL. |
|
| (b) |
Monitoring
frequency after system exceeds tap water action level. Any system that exceeds
the lead or copper action level during routine tap water monitoring shall
collect one source water sample from each entry point to the distribution
system no later than six months after the end of the monitoring period during
which the action level was exceeded. For monitoring periods that are annual or
less frequent, the end of the monitoring period is September 30 of the calendar
year in which sampling occurs, or if the Division has established an alternate
monitoring period, the last day of that period. |
| (c) |
Monitoring frequency after installation
of source water treatment. Any system which installs source water treatment
pursuant to Section
391-3-5-.25(4)(a)2.
shall collect an additional source water sample from each entry point to the
distribution system during two consecutive six-month monitoring periods by the
deadline specified in Section
391-3-5-.25(4)(a)4. |
| (d) |
Monitoring frequency after Division
specifies maximum permissible source water levels or determines that source
water treatment is not needed.
| 1. |
A system
shall monitor at the frequency specified below in cases where the Division
specifies maximum permissible source water levels under Section
391-3-5-.25(4)(b)4.
or determines that the system is not required to install source water treatment
under Section
391-3-5-.25(4)(b)2.
| (i) |
A water system using only groundwater
shall collect samples once during the three-year compliance period (as that
term is defined in Section
391-3-5-.02) in effect when the
applicable Division determination under paragraph (d)1. of this section is
made. Such systems shall collect samples once during each subsequent compliance
period. Triennial samples shall be collected every third year. |
| (ii) |
A water system using surface water (or a
combination of surface and groundwater) shall collect samples once during each
year, the first annual monitoring period to begin during the year in which the
applicable Division determination is made under paragraph (d)1. of this
section. |
|
| 2. |
A system is
not required to conduct source water sampling for lead and/or copper if the
system meets the action level for the specific contaminant in tap water samples
during the entire source water sampling period applicable to the system under
paragraph (d)1.(i) or (ii) of this section. |
|
| (e) |
Reduced monitoring frequency.
| 1. |
A water system using only ground water may
reduce the monitoring frequency for lead and copper in source water to once
during each nine-year compliance cycle, as is defined in
40 CFR, Part
141.2, provided the samples are collected no
later than every ninth year and if the system meets one of the following:
| (i) |
The system demonstrates that finished
drinking water entering the distribution system has been maintained below the
maximum permissible lead and copper concentrations specified by the Division
under Rule
391-3-5-.25(1)(c)
during at least three consecutive compliance periods under paragraph (d)1. of
this section; or |
| (ii) |
The Division
has determined that source water treatment is not needed and the system
demonstrates that, at least three consecutive compliance periods in which
sampling was conducted under paragraph (d)1. of this section, the concentration
of lead in source water was less than or equal to 0.005 mg/L and the
concentration of copper in source water was less than or equal to 0.65
mg/L. |
|
| 2. |
A water system
using surface water or a combination of surface and groundwater may reduce the
monitoring frequency in paragraph (d)1. of this section to once during each
nine-year compliance cycle, as is defined in
40 CFR, Part
141.2, provided the samples are collected no
later than every ninth year and if the system meets one of the following:
| (i) |
The system demonstrates that finished
drinking water entering the distribution system has been maintained below the
maximum permissible lead and copper concentrations specified by the Division
under Rule
391-3-5-.25(1)(c)
during at least three consecutive years; or |
| (ii) |
The Division has determined that source
water treatment is not needed and the system demonstrates that, for at least
three consecutive years, the concentration of lead in source water was less
than or equal to 0.005 mg/L and the concentration of copper in source water was
less than or equal to 0.65 mg/L. |
|
| 3. |
A water system that uses a new source of
water is not eligible for reduced monitoring for lead and/or copper until
concentrations in samples collected from the new source during three
consecutive monitoring periods are below the maximum permissible lead and
copper concentrations specified in Section
391-3-5-.25(4)(a)5. |
|
|
| (10) |
Analytical
Methods. Analyses for lead, copper, pH, conductivity, calcium,
alkalinity, orthophosphate, silica, and temperature shall be conducted in
accordance with 40 CFR, Part
141.89. |
| (11) |
Reporting Requirements. All
water systems shall report all information to the Division in accordance with
40 CFR, Part
141.90. |
| (12) |
Record Keeping
Requirements. All systems subject to the requirements of this section
shall retain on its premises original records of all sampling data and
analyses, reports, surveys, letters, evaluations, schedules, Division
determinations, and any other information required in accordance with
40 CFR, Part
141.91. |
| (13) |
Treatment Techniques.
| (a) |
These regulations establish treatment
techniques in lieu of maximum contaminant levels for acrylamide and
epichlorohydrin. |
| (b) |
Each public
water system must certify annually in writing to the Division (using third
party or manufacturer's certification) that when acrylamide and epichlorohydrin
are used in drinking water systems, the combination (or product) of dose and
monomer level does not exceed the levels specified as follows:
| 1. |
Acrylamide = 0.05% dosed at 1 ppm (or
equivalent); |
| 2. |
Epichlorohydrin =
0.01% dosed at 20 ppm (or equivalent); certifications can rely on manufacturers
or third parties, as approved by the Division. |
|
|
| (1) |
Contaminant Monitoring. Monitoring of the contaminants listed below in this section
shall be conducted as follows:
| (a) |
All
community and non-transient, non-community water systems shall monitor for the
contaminants listed in paragraphs (e) and (f) of this section by the date
specified in Table 1. Systems serving 10,000 or fewer persons are not required
to monitor for the contaminants in this section after December 31, 1998.
TABLE 1 - MONITORING SCHEDULE BY SYSTEM
SIZE
|
Population
Served
|
Monitoring to Begin No Later
Than
|
|
Over 10,000
|
January 1, 1993
|
|
3,300 to 10,000
|
January 1, 1994
|
|
Less than 3,300
|
January 1, 1996
|
|
| (b) |
Surface water systems shall sample at points in the distribution system
representative of each water source or at entry points to the distribution
system after application of treatment. The minimum number of samples is one
year of quarterly samples per water source. |
| (c) |
Ground water systems shall sample at
points of entry to the distribution system representative of each well after
any application of treatment. The minimum number of samples is one sample per
entry point to the distribution system. |
| (d) |
The Division may require confirmation
samples for positive or negative results. |
| (e) |
Group III Unregulated Volatile Organic
Contaminants.
|
Group III Unregulated Volatile
Organic Contaminants
|
|
Chloroform
|
|
Bromodichloromethane
|
|
Chlorodibromomethane
|
|
Bromoform
|
|
Dibromomethane
|
|
m-Dichlorobenzene
|
|
1,1-Dichloropropene
|
|
1,1-Dichloroethane
|
|
1,1,2,2-Tetrachloroethane
|
|
1,3-Dichloropropane
|
|
Chloromethane
|
|
Bromomethane
|
|
1,2,3-Trichloropropane
|
|
1,1,1,2-Tetrachloroethane
|
|
Chloroethane
|
|
2,2-Dichloropropane
|
|
o-Chlorotoluene
|
|
p-Chlorotoluene
|
|
Bromobenzene
|
|
1,3-Dichloropropene
|
|
| (f) |
Group IV Unregulated Volatile Organic Contaminants.
|
Group IV Unregulated Volatile
Organic Contaminants
|
|
1,2,4-Trimethylbenzene
|
|
1,2,3-Trichlorobenzene
|
|
n-Propylbenzene
|
|
n-Butylbenzene
|
|
Naphthalene
|
|
Hexachlorobutadiene
|
|
1,3,5-Trimethylbenzene
|
|
p-Isopropyltoluene
|
|
Isopropylbenzene
|
|
Tert-butylbenzene
|
|
Sec-butylbenzene
|
|
Fluorotrichloromethane
|
|
Dichlorofluoromethane
|
|
Bromochloromethane
|
|
| (g) |
Instead of performing the monitoring required by this section, a community
water system or non-transient non-community water system serving fewer than 150
service connections may send a letter to the Division stating that the system
is available for sampling. This letter must be sent to the Division by January
1, 1994. The system shall not send such samples to the Division, unless
requested to do so by the Division. |
| (h) |
All community and non-transient,
non-community water systems shall repeat the monitoring required in Section
391-3-5-.26(1) no
less than every five (5) years from the dates specified in Section
391-3-5-.26(1)(a). |
| (i) |
The Division may allow the public water
system to composite up to five samples when monitoring for substances listed in
Section 391-3-5-.26(1)(e) and
(f). |
| (j) |
Analysis under this section shall only be
conducted by laboratories certified by the Division in accordance with Section
391-3-5-.29. |
|
| (2) |
Unregulated Contaminant
Monitoring. Monitoring of the contaminants listed in paragraphs (2)(k)
and (2)(l) shall be conducted as follows:
| (a) |
Each community and non-transient,
non-community water system shall take four consecutive quarterly samples at
each sampling point for each contaminant listed in paragraph (2)(k) of this
section and report the results to the Division. Monitoring must be completed by
December 31, 1995. |
| (b) |
Each
community and non-transient non-community water system shall take one sample at
each sampling point for each contaminant listed in paragraph (2)(l) of this
section and report the results to the Division. Monitoring must be completed by
December 31, 1995. |
| (c) |
Each
community and non-transient non-community water system may apply to the
Division for a waiver from the requirements of paragraph (2)(a) and (b) of this
section. |
| (d) |
The Division may grant
a waiver for the requirement of paragraph (2)(a) of this section based on the
criteria specified in Section
391-3-5-.22(3)(f).
The Division may grant a waiver from the requirement of paragraph (2)(b) of
this section if previous analytical results indicate contamination would not
occur, provided this data was collected after January 1, 1990. |
| (e) |
Groundwater systems shall take a minimum
of one sample at every entry point to the distribution system which is
representative of each well after treatment (hereafter called a sampling
point). Each sample must be taken at the same sampling point unless conditions
make another sampling point more representative of each source or treatment
plant. |
| (f) |
Surface water systems
shall take a minimum of one sample at points in the distribution system that
are representative of each source or at each entry point to the distribution
system after treatment (hereafter called a sampling point.) Each sample must be
taken at the same sampling point unless conditions make another sampling point
more representative of each source or treatment plant. [Note: For purposes of
this paragraph, surface water systems include systems with a combination of
surface and ground sources.] |
| (g) |
If
the system draws water from more than one source and the sources are combined
before distribution, the system must sample at an entry point to the
distribution system during periods of normal operating conditions (i.e., when
water representative of all sources is being used). |
| (h) |
The Division may require a confirmation
sample for positive or negative results. |
| (i) |
The Division may reduce the total number
of samples a system must analyze by allowing the use of compositing. Composite
samples from a maximum of five sampling points are allowed. Compositing of
samples must be done in the laboratory and the composite sample must be
analyzed within 14 days of collection. If the population served by the system
is greater than 3,300 persons, then compositing may only be permitted by the
Division at sampling points within a single system. In systems serving fewer
than or equal to 3,300 persons, the Division may permit compositing among
different systems provided the 5-sample limit is maintained. |
| (j) |
Instead of performing the monitoring
required by this section, a community water system or non-transient
non-community water system serving fewer than 150 service connections may send
a letter to the Division stating that the system is available for sampling.
This letter must be sent to the Division by January 1, 1994. The system shall
not send such samples to the Division, unless requested to do so by the
Division. |
| (k) |
Listed below are the
unregulated organic contaminants. The analytical method shall be in accordance
with 40 CFR, Part
141.40.
|
Unregulated Organic
Contaminants
|
|
Aldrin
|
|
Butachlor
|
|
Carbaryl
|
|
Dicamba
|
|
Dieldrin
|
|
3-Hydroxycarbofuran
|
|
Methomyl
|
|
Metolachlor
|
|
Metribuzin
|
|
Propachlor
|
|
| (l) |
Listed below are the unregulated inorganic contaminants. The analytical method
shall be in accordance with 40 CFR, Part 141.40: |
| (m) |
|
Unregulated Inorganic
Contaminants
|
|
Sulfate
|
|
| (n) |
Analysis under this section shall only be conducted by laboratories certified
by the Division. |
|
| (3) |
Special Monitoring for Sodium.
| (a) |
Suppliers of water for community public
water systems shall collect and analyze one sample per plant at the entry point
of the distribution system for the determination of sodium concentration
levels; samples must be collected and analyzed annually for systems utilizing
surface water sources in whole or in part, and at least every three years for
systems utilizing solely ground water sources. The minimum number of samples
required to be taken by the system shall be based on the number of treatment
plants used by the system, except that multiple wells drawing raw water from a
single aquifer may, with the Division approval, be considered one treatment
plant for determining the minimum number of samples. The supplier of water may
be required by the Division to collect and analyze water samples for sodium
more frequently in locations where the sodium content is variable. |
| (b) |
The supplier of water shall report to the
Division the results of the analyses for sodium within the first 10 days of the
month following the month in which the sample results were received or within
the first 10 days following the end of the required monitoring period as
stipulated by the Division, whichever of these is first, unless such analysis
is performed by the Division. If more than annual sampling is required the
supplier shall report the average sodium concentration within 10 days of the
month following the month in which the analytical results of the last sample
used for the annual average was received. |
| (c) |
The supplier of water shall notify
appropriate local and state public health officials of the sodium levels by
written notice by direct mail within three months. A copy of each notice
required to be provided by this paragraph shall be sent to the Division within
10 days of its issuance. The supplier of water is not required to notify
appropriate local and state public health officials of the sodium levels where
the Division provides such notices in lieu of the supplier. |
| (e) |
Initial analyses
for sodium for new community public water systems shall be completed within one
year from the effective date of the permit to operate. |
|
| (4) |
Special Monitoring for Corrosivity
Characteristics.
| (a) |
Suppliers of
water for community public water systems when required by the Division shall
collect samples from a representative entry point to the water distribution
system for the purpose of analysis to determine the corrosivity characteristics
of the water.
| 1. |
The supplier shall collect
two samples per plant for analysis for each plant using surface water sources
wholly or in part or more if required by the Division one during mid-winter and
one during midsummer. The supplier of the water shall collect one sample per
plant for analysis for each plant using ground water sources or more if
required by the Division. The minimum number of samples required to be taken by
the system shall be based on the number of treatment plants used by the system,
except that multiple wells drawing raw water from a single aquifer may, with
the Division approval, be considered one treatment plant for determining the
minimum number of samples. |
| 2. |
Determination of the corrosivity characteristics of the water shall include
measurement of pH, calcium, hardness, alkalinity, temperature, total dissolved
solids (total filterable residue), and calculation of the Langelier Index in
accordance with subparagraph (c) below. The determination of corrosivity
characteristics shall only include one round of sampling (two samples per plant
for surface water and one sample per plant for ground water sources). However,
the Division has the discretion to require monitoring for additional parameters
which may indicate corrosivity characteristics, such as sulfates and chlorides.
In certain cases, the Aggressive Index, as described in subparagraph (c), can
be used instead of the Langelier Index; the supplier shall request in writing
to the Division and the Division will make this determination. |
|
| (b) |
The supplier of water shall
report to the Division the results of the analyses for the corrosivity
characteristics within the first 10 days of the month following the month in
which the sample results were received, unless the analysis is conducted by the
Division. If more frequent sampling is required by the Division, the supplier
can accumulate the data and shall report each value within 10 days of the month
following the month in which the analytical results of the last sample was
received. |
| (c) |
Analyses conducted to
determine the corrosivity of the water shall be made in accordance with
40 CFR Part
141.42(c). |
| (d) |
When required by the Division, the
supplier of water for community and non-transient, non-community public water
systems shall implement a corrosion control program satisfactory to the
Division to insure that the drinking water is not unduly corrosive. |
|
| (1) |
Monitoring Requirements for Gross
Alpha Particle Activity, Radium-226 and Radium-228.
| (a) |
Compliance with paragraph (5) of Rule
391-3-5-.18 shall be based on the
analysis of an annual composite of four consecutive quarterly samples or the
average of the analyses of four samples obtained at quarterly intervals.
| 1. |
A gross alpha particle activity
measurement may be substituted for the required Radium-226 and Radium-228
analysis provided that the measured gross alpha particle activity does not
exceed 5 pCi/L, at a confidence level of 95 percent (1.65 [SIGMA], where
[SIGMA] [sigma] is the standard deviation of the net counting rate of the
sample). In localities where Radium-228 may be present in drinking water,
Radium-226 and/or Radium-228 analyses are required when the gross alpha
particle activity exceeds 2 pCi/L. |
| 2. |
When the gross alpha particle activity
exceeds 5 pCi/L, the same or an equivalent sample shall be analyzed for
Radium-226. If the concentration of Radium-226 exceeds 3 pCi/L the same or an
equivalent sample shall be analyzed for Radium-228. |
|
| (b) |
The initial analysis required by
subparagraph (1)(a) of this section for new water systems shall be completed
within two years from the effective date of the permit to operate. |
| (c) |
Suppliers of water shall monitor at least
once every four years following the procedure required by subparagraph (1)(a)
of this Section. At the discretion of the Director when an annual record taken
in conformance with subparagraph (1)(a) of this Section has established that
the average annual concentration is less than half the maximum contaminant
levels established by paragraph (6) of Section
391-3-5-.18, analysis of a single
sample may be substituted for the quarterly sampling procedure required by
subparagraph (1)(a) of this Section.
| 1. |
More
frequent monitoring shall be conducted when ordered by the Director in the
vicinity of mining or other operations which may contribute alpha particle
radioactivity to either surface or ground water sources of drinking
water. |
| 2. |
A supplier of water shall
monitor in conformance with subparagraph (1)(a) of this Section within one year
of the introduction of a new water source for a community water system. More
frequent monitoring shall be conducted when ordered by the Director in the
event of possible contamination or when changes in the distribution system or
treatment process occur which may increase the concentration of radioactivity
in drinking water. |
| 3. |
A community
water system using two or more sources having different concentrations of
radioactivity shall monitor each source of water, in addition to water from a
free flowing drinking water tap, when ordered by the Director. |
| 4. |
Monitoring for compliance with paragraph
(5) of Section
391-3-5-.18 after the initial period
need not include Radium-228 except when required by the Director provided, that
the average annual concentration of Radium-228 has been assayed at least once
using the quarterly sampling procedure required by subparagraph (l)(a) of this
Section. |
| 5. |
Suppliers of water
shall conduct annual monitoring of any community water system in which the
Radium-228 concentration exceeds 3 pCi/L, as ordered by the Director. |
|
| (d) |
If the average annual maximum
contaminant level for gross alpha particle activity or total radium as set
forth in paragraph (5) of Section
391-3-5-.18 is exceeded, the
supplier of a community water system shall give notice to the Division pursuant
to Section
391-3-5-.30 and notify the public
pursuant to Section
391-3-5-.32. Monitoring at quarterly
intervals shall be continued until the annual average concentration no longer
exceeds the maximum contaminant level or until a monitoring schedule as a
condition to a permit, variance, exemption or enforcement action shall become
effective. |
|
| (2) |
Monitoring Requirements for Man-made Radioactivity in Community Water
Systems.
| (a) |
Within two years following
June 24, 1977 systems using surface water sources and serving more than 100,000
persons and such other community water systems as are designated by the
Division shall be monitored for compliance with paragraph (5) of Section
391-3-5-.18 by analysis of a
composite of four consecutive quarterly samples or analysis of four quarterly
samples. Compliance with paragraph (5) of Section
391-3-5-.18 may be assumed without
further analysis if the average annual concentrations of tritium and strontium-
90 are less than those listed in Table A, provided, that in no case shall the
sum of their annual dose equivalents to bone marrow exceed 4 milligrams per
year.
| 1. |
If the gross beta particle activity
exceeds 50 pCi/L, an analysis of the sample must be performed to identify the
major radioactive constituents present and the appropriate organ and total body
doses shall be calculated to determine compliance with paragraph (5) of Section
391-3-5-.18. |
| 2. |
Suppliers of water shall conduct
additional monitoring, as ordered by the Director, to determine the
concentration of man-made radioactivity in principal watersheds designated by
the Division. |
| 3. |
At the discretion
of the Director suppliers of water utilizing only ground waters may be required
to monitor for man-made radioactivity. |
|
| (b) |
After the initial analysis required by
subparagraph (2)(a) of this Section suppliers of water shall monitor at least
every four years following the procedure given in subparagraph (2)(a) of this
Section. |
| (c) |
Within two years of
June 24, 1977 the supplier of any community water system designated by the
Division as utilizing waters contaminated by effluents from nuclear facilities
shall initiate quarterly monitoring for gross beta particle and iodine-131
radioactivity and annual monitoring for strontium-90 and tritium.
| 1. |
Quarterly monitoring for gross beta
particle activity shall be based on the analysis of monthly samples or the
analysis of a composite of three monthly samples. The former is recommended. If
the gross beta particle activity in a sample exceeds 15 pCi/L, the same or an
equivalent sample shall be analyzed for strontium-89 and cesium-134. If the
gross beta particle activity exceeds 50 pCi/L, an analysis of the sample must
be performed to identify the major radioactive constituents present and the
appropriate organ and total body doses shall be calculated to determine
compliance with paragraph (5) of Section
391-3-5-.18. |
| 2. |
For iodine-131, a composite of five
consecutive daily samples shall be analyzed once each quarter. As ordered by
the Director, more frequent monitoring shall be conducted when iodine-131 is
identified in the drinking water. |
| 3. |
Annual monitoring for strontium-90 and
tritium shall be conducted by means of the analysis of a composite of four
consecutive quarterly samples or analysis of four quarterly samples. The latter
procedure is recommended. |
| 4. |
The
Division may allow the substitution of environmental surveillance data taken in
conjunction with a nuclear facility for direct monitoring of man-made
radioactivity by the supplier of water where the Division determines such data
is applicable to a particular community water system. |
|
| (d) |
If the average annual maximum contaminant
level for manmade radioactivity set forth in paragraph (5) of Section
391-3-5-.18 is exceeded, the
operator of a community water system shall give notice to the Division pursuant
to Section
391-3-5-.30 and to the public as
required by Section
391-3-5-.32. Monitoring at monthly
intervals shall be continued until the concentration no longer exceeds the
maximum contaminant level or until a monitoring schedule as a condition to a
permit, variance, exemption or enforcement action shall become
effective. |
|
| (3) |
Sample Collection and Analysis. Upon written direction of the
Director the supplier shall collect and submit drinking water samples for
analysis in accordance with the schedule furnished. |
| (4) |
Analytical Methods.
Analytical methods for measurement of radioactivity shall be in accordance with
40 CFR, Part
141.25. |
| (5) |
Monitoring Requirements Effective
December 7, 2003. All existing community water systems (CWSs) must
conduct initial monitoring to determine compliance with this section between
December 7, 2003 and December 31, 2007. CWSs must sample each entry point to
the distribution system for four consecutive quarters. |
| (6) |
New Sources. All new CWSs or
CWSs that use a new source of water shall begin to conduct initial monitoring
within the first quarter after initiating use of the source. |
| (7) |
Initial Monitoring Waiver.
For gross alpha particle activity, uranium, radium-226, and radium-228
monitoring, the Division may waive the final two quarters of initial monitoring
for a sampling point if the results of the samples from the previous two
quarters are below the detection limit. |
| (8) |
Initial Monitoring Above
MCL. If the average of the initial monitoring results for a sampling
point is above the MCL, the system must collect and analyze quarterly samples
at the sampling point until the system has results from four consecutive
quarters that are at or below the MCL, unless the system enters into another
schedule as part of a formal compliance agreement with the Division. |
| (9) |
Reduced Monitoring. The
Division may allow community water systems to reduce the future frequency of
monitoring from one every three years to once every six or nine years at each
sampling point, based on the following criteria:
| (a) |
If the average of the initial monitoring
results for each contaminant (i.e., gross alpha particle activity, uranium,
radium-226, or radium- 228) is below the detection limit specified in Table B,
in Sec. 141.25(c)(1), the system must collect and analyze for that contaminant
using at least one sample at the sampling point every nine years. |
| (b) |
For gross alpha particle activity and
uranium, if the average of the initial monitoring results for each contaminant
is at or above the detection limit but at or below half (1/2) the MCL, the
system must collect and analyze for that contaminant using at least one sample
at that sampling point every six years. For combined radium-226 and radium-228,
the analytical results must be combined. If the average of the combined initial
monitoring results for radium-226 and radium-228 is at or above the detection
limit but at or below half (1/2) the MCL, the system must collect and analyze
for that contaminant using at least one sample at that sampling point every six
years. |
| (c) |
For gross alpha particle
activity and uranium, if the average of the initial monitoring results for each
contaminant is above half (1/2) the MCL but at or below the MCL, the system
must collect and analyze at least one sample at that sampling point every three
years. For combined radium-226 and radium-228, the analytical results must be
combined. If the average of the combined initial monitoring results for
radium-226 and radium-228 is above half (1/2) the MCL but at or below the MCL,
the system must collect and analyze at least one sample at that sampling point
every three years. |
| (d) |
Systems must
use the samples collected during the reduced monitoring period to determine the
monitoring frequency for subsequent monitoring periods, (e.g., if a system's
sampling point is on a nine year monitoring period, and the sample result is
above half (1/2) MCL, then the next monitoring period for that sampling point
is three years). |
| (e) |
If a system
has a monitoring result that exceeds the MCL while on reduced monitoring, the
system must collect and analyze quarterly samples at that sampling point until
the system has results from four consecutive quarters that are below the MCL,
unless the system enters into another schedule as part of a formal compliance
agreement with the Division. |
|
| (10) |
Compositing. To fulfill
quarterly monitoring requirements for gross alpha particle activity,
radium-226, radium-228, or uranium, a system may composite up to four
consecutive quarterly samples from a single entry point if analysis is done
within a year of the first sample. The Division will treat analytical results
from the composited as the average analytical result to determine compliance
with the MCLs and the future monitoring frequency. If the analytical result
from the composited sample is greater than half (1/2) MCL, the Division may
direct the system to take additional quarterly samples before allowing the
system to sample under a reduced monitoring schedule. |
| (11) |
Gross Alpha Particle
Activity. A gross alpha particle activity measurement may be substituted
for the required radium-226 measurement provided that the measured gross alpha
particle activity does not exceed 5 pCi/L. A gross alpha particle activity
measurement may be substituted for the required uranium measurement provided
that the measured gross alpha particle activity does not exceed 15
pCi/L. |
| (12) |
Monitoring and
Compliance Requirements for Beta Particle and Photon Radioactivity. To
determine compliance with the maximum contaminant levels in CFR Sec. 141.66(d)
for beta particle and photon radioactivity, a system must monitor at a
frequency as follows:
| (a) |
Community water
systems (both surface and ground water) designated by the Division as
vulnerable must sample for beta particle and photon radioactivity. Systems must
collect quarterly samples for both beta emitters and annual samples for tritium
and strontium-90 at each entry point to the distribution system (hereafter
called a sampling point), beginning within one quarter after being notified by
the Division. Systems already designated by the Division must continue to
sample until the Division reviews and either reaffirms or removes the
designation.
| 1. |
If the gross beta particle
activity minus the naturally occurring potassium-40 beta particle activity at a
sampling point has a running annual average (computed quarterly) less than or
equal to 50 pCi/L (screening level), the Division may reduce the frequency of
monitoring at that sampling point to once every 3 years. Systems must collect
all samples required in paragraph (b)(1) of this section during the reduced
monitoring period. |
| 2. |
For systems
in the vicinity of a nuclear facility, the Division may allow the CWS to
utilize environmental surveillance data collected by the nuclear facility in
lieu of monitoring at the system's entry point(s), where the Division
determines if such data is applicable to a particular water system. In the
event that there is a release from a nuclear facility, systems which are using
surveillance data must begin monitoring at the community water system's entry
point(s) in accordance with paragraph (b)(1) of this section. |
|
| (b) |
Community water systems (both
surface and ground water) designated by the Division as utilizing waters
contaminated by effluents from nuclear facilities must sample for beta particle
and photon radioactivity. Systems must collect quarterly samples for beta
emitters and iodine-131 and annual samples for tritium and strontium-90 at each
entry point to the distribution system (hereafter called a sampling point),
beginning within one quarter after being notified by the Division. Systems
already designated by the Division as systems using waters contaminated by
effluents from nuclear facilities must continue to sample until the Division
reviews and either reaffirms or removes the designation.
| 1. |
Quarterly monitoring for gross beta
particle activity shall be based on the analysis of monthly samples or the
analysis of a composite of three monthly samples. The former is
recommended. |
| 2. |
For iodine-131, a
composite of five consecutive daily samples shall be analyzed once each
quarter. As ordered by the Division, more frequent monitoring shall be
conducted when iodine-131 is identified in the finished water. |
| 3. |
Annual monitoring for strontium-90 and
tritium shall be conducted by means of the analysis of a composite of four
consecutive quarterly samples or analysis of four quarterly samples. The latter
procedure is recommended. |
| 4. |
If the
gross beta particle activity beta minus the naturally occurring potassium-40
beta particle activity at a sampling point has a running annual average
(computed quarterly) less than or equal to 15 pCi/L, the Division may reduce
the frequency of monitoring at that sampling point to every 3 years. Systems
must collect all samples required in paragraph (b)(2) of this section during
the reduced monitoring period. |
| 5. |
For systems in the vicinity of a nuclear facility, the Division may allow the
CWS to utilize environmental surveillance data collected by the nuclear
facility in lieu of monitoring at the system's entry point(s), where the
Division determines if such data is applicable to a particular water system. In
the event that there is a release from a nuclear facility, systems which are
using surveillance data must begin monitoring at the community water system's
entry point(s) in accordance with paragraph (b)(2) of this section. |
|
| (c) |
Community water systems
designated by the Division to monitor for beta particle activity and photon
radioactivity cannot apply to the Division for a waiver from the monitoring
frequencies specified in paragraphs (b)(1) or (b)(2) of this section. |
| (d) |
Community water systems may analyze for
naturally occurring potassium-40 beta particle activity from the same or
equivalent sample used for the gross beta particle activity analysis. Systems
are allowed to subtract the potassium-40 beta particle activity value from the
total gross beta particle activity value to determine if the screening level is
exceeded. The potassium-40 beta particle activity must be calculated by
multiplying elemental potassium concentrations (in mg/L) by a factor of
0.82. |
| (e) |
If the gross beta
particle activity minus the naturally occurring potassium-40 beta particle
activity exceeds the screening level, an analysis of the sample must be
performed to identify the major radioactive constituents present in the sample
and the appropriate doses must be calculated and summed to determine compliance
with Sec. 141.66(d)(1), using the formula in Sec. 141.66(d)(2). Doses must also
be calculated and combined for measured levels of tritium and strontium to
determine compliance. |
|
| (13) |
Monthly Sampling. Systems
must monitor monthly at the sampling point(s) which exceed the maximum
contaminant level in Sec. 141.66(d) beginning the month after the exceedance
occurs. Systems must continue monthly monitoring until the system has
established, by a rolling average of 3 monthly samples, that the MCL is being
met. Systems who establish that the MCL is being met must return to quarterly
monitoring until they meet the requirements set forth in paragraph (b)(1)(ii)
or (b)(2)(i) of this section. |
| (14) |
Running Annual Average. For systems monitoring more than once per
year, compliance with the MCL is determined by a running annual average at each
sampling point. If the average of any sampling point is greater than the MCL,
then the system is out of compliance with the MCL. |
| (15) |
Exceeding MCL. For systems
monitoring more than once per year, if any sample result will cause the running
average to exceed the MCL at any sample point, the system is out of compliance
with the MCL immediately. |
| (16) |
Running Annual Average Calculation. If a system does not collect
all required samples when compliance is based on a running annual average of
quarterly samples, compliance will be based on the running average of the
samples collected. |
| (17) |
Detection Limit and Running Annual Average Calculation. If a
sample result is less than the detection limit, zero will be used to calculate
the annual average, unless a gross alpha particle activity is being used in
lieu of radium-226 and/or uranium. If the gross alpha particle activity result
is less than detection, half (1/2) the detection limit will be used to
calculate the annual average. |
| (18) |
MCLGs. The Maximum Contaminant Level Goal (MCLG) for Combined
radium-226 and radium-228, Gross alpha particle activity, Beta particle and
photon radioactivity, and uranium is zero. |
| (19) |
MCLs. The Maximum
Contaminant Level (MCL) for radioactive particles is as follows:
| (a) |
MCL for combined radium-226 and
radium-228. The maximum contaminant level for combined radium-226 and
radium-228 is 5 pCi/L. The combined radium-226 and radium-228 value is
determined by the addition of the results of the analysis for radium-226 and
the analysis for radium-228. |
| (b) |
MCL for gross alpha particle activity (excluding radon and uranium). The
maximum contaminant level for gross alpha particle activity (including
radium-226 but excluding radon and uranium) is 15 pCi/L. |
| (c) |
MCL for beta particle and photon
radioactivity. The average annual concentration of beta particle and photon
radioactivity from man-made radionuclides in drinking water must not produce an
annual dose equivalent to the total body or any internal organ greater than
four millirem per year (4 mrem/yr). |
| (d) |
MCL for uranium. The maximum contaminant
level for uranium is 30 µg/L. |
|
With the written permission of the Director, concurred in by
the administrator of the U.S. Environmental Protection Agency, an alternative
analytical technique may be employed. An alternative technique shall be
acceptable only if it is accuracy as it relates to the determination of
compliance with any maximum contaminant level. The use of the alternative
analytical techniques shall not decrease the frequency of monitoring required
by these rules, in accordance with
40 CFR, Part
141.27.
| (1) |
Laboratories Approved by the
Division. For the purpose of determining compliance with Rules
391-3-5-.18, .19, .20, .21, .22,
.23, .24, .25, .26, .27 and .54, samples may be considered only if they have
been analyzed by a laboratory approved by the Division, in accordance with
40 CFR,
141.28, except that measurements used solely
for operational control, including but not limited to turbidity, free chlorine
residual, fluoride residual, temperature, pH, conductivity, calcium,
alkalinity, orthophosphate, and silica may be performed by any person
acceptable to the Division. |
| (2) |
Laboratory Personnel Changes. All drinking water analysis
laboratories certified by the Division must notify the Division of personnel
changes within thirty (30) days from the time of the change. |
| (3) |
Division-Collected Samples.
Nothing in this Chapter shall be construed to preclude the Division or any duly
designated representative of the Division from taking samples or from using the
results from such samples to determine compliance by a supplier of water with
the applicable requirements of this Chapter. |
| (1) |
Reporting Period. Except
where a shorter period is specified by the Director, the supplier of water
shall report to the Division the results of any test measurement or analysis
required by this Chapter within:
| (a) |
the
first ten days following the month in which the results are received;
or |
| (b) |
the first ten days following
the end of the required monitoring period as stipulated by the Division,
whichever of these is shortest. Note: Test measurements and results should be
reported on the Division's reporting forms. Copies of these forms can be found
on the Division web page. |
|
| (2) |
Violation. Failure to comply
with paragraphs (1)(a) and (b) of Rule
391-3-5-.30 will result in a
monitoring/reporting violation. |
| (3) |
Analysis by Division
Laboratory. The supplier of water is not required to report analytical
results to the Division in cases where the Division's laboratory performs the
analysis and reports the results to the Division's office which would normally
receive such notification from the supplier. |
| (4) |
Analysis by Non-Division
Laboratory. The supplier of water is not required to report analytical
results to the Division in cases where the Division's laboratory performs the
analysis and reports the results to the Division's office, which would normally
receive such notification from the supplier. When the Division's laboratory
does not perform the analysis, and the supplier chooses to use a laboratory
certified by the Division, analytical results shall be reported to the
Division's office in a manner that is specified by the Division. |
| (5) |
Records Maintained by Public Water
System. The water supply system shall submit to the Division within the
time stated in the request copies of any records required to be maintained
under Rule
391-3-5-.15 hereof or copies of any
documents then in existence which the Division is entitled to inspect pursuant
to the authority of the Act. |
| (6) |
Waterborne Disease Outbreak. Each system, upon discovering that a
waterborne disease outbreak potentially attributable to that water system has
occurred, must report that occurrence to the Division by telephone within
forty-eight (48) hours or before the end of the next business day, whichever is
earlier, followed by a written report. |
| (7) |
Lead and Copper Information.
All water systems shall report all lead and copper information in accordance
with 40 CFR, Part
141.90 when applicable. Separate reports are
required for each of the following:
| 1. |
tap
water monitoring for lead and copper, and other water quality
monitoring; |
| 2. |
source water
monitoring; |
| 3. |
corrosion control
treatment; |
| 4. |
source water
treatment; |
| 5. |
lead service line
replacement; |
| 6. |
public education
programs. |
|
| (9) |
Disinfection Byproducts Information. Systems monitoring for
disinfection by products (TTHM, HAA5, chlorite, bromate) under the requirements
of 40 CFR § 141.132(b) must report the
information specified in section
40 CFR § 141.134(b). |
| (10) |
Disinfectants Information.
Systems monitoring for disinfectants (chlorine, chloramines, chlorine dioxide)
under the requirements of 40
CFR § 141.132(c) must
report the information specified in Section
40 CFR § 141.134(c). |
| (11) |
Disinfection Byproduct Precursors
Information. Systems monitoring for disinfection byproduct precursors
(TOC) under the requirements of
40 CFR § 141.132(d) and required to
meet the enhanced coagulation or enhanced softening requirements in
141.135(b)(2) or (3) or meeting one or more of the alternative compliance
criteria in 141.135(a)(2) or (3) must report the information specified in
section 40 CFR § 141.134(d). |
| (12) |
Conventional or Direct Filtration
Information for Systems Serving At Least 10,000 Persons. Beginning
January 1, 2002, in addition to the requirement in this Chapter, the Subpart H
water systems serving at least 10,000 people and providing conventional
filtration treatment or direct filtration must report monthly to the Division
the information specified in 40 CFR § 141.175(a) and
(b). Those systems using filtration
technologies other than conventional filtration treatment, direct filtration,
slow sand filtration, or diatomaceous earth filtration must report monthly to
the Division the information in
40 CFR § 141.175(a) in lieu of
reporting in (b)(1). |
| (14) |
Filtration
Information for Systems Serving Less Than 10,000 Persons. In addition to
the requirements in this Chapter, the Subpart H water systems serving fewer
than 10,000 people must report the required items at the frequency described in
40 CFR Subpart T § 141.570. |
| (15) |
Filter Backwash Information.
All subpart H systems that employ conventional filtration or direct filtration
treatment and that recycle spent filter backwash water, thickener supernatant,
or liquids from dewatering processes must report the information specified in
40 CFR § 141.76(b)(1) and (2) to the
Division no later than December 8, 2003. |
Purchased water systems may be monitored as consecutive
systems with the consent of the system involved and the approval of the
Director. Monitoring schedules and reporting procedures for consecutive water
systems must be in the form and manner as specified by the
Division.
| (1) |
Public Notification of Drinking
Water Violations. 40 CFR, Subpart Q §§ 141.201 through
141.210, including Appendices A, B and C to subpart Q of Part 141, is hereby
incorporated by reference. Any amendments to any part of the appendices in 40
CFR, Subpart Q are hereby incorporated by reference. If a community or
non-community water system fails to comply with an applicable primary maximum
contaminant level established in Section
391-3-5-.18; fails to comply when
applicable with the secondary maximum contaminant level for fluoride
established in Section
391-3-5-.19; fails to comply with an
applicable testing procedure established in Sections
391-3-5-.20, .21, .22, .23, .24,
.25, or .27; is granted a variance or an exemption from an applicable maximum
contaminant level; fails to comply with the requirements of any schedule
prescribed pursuant to a variance or exemption; or fails to comply with any
treatment technique requirement specified by the Director; or fails to perform
any monitoring or reporting required pursuant to Sections
391-3-5-.20, .21, .22, .23, .24,
.25, .26, .27 and .30; the supplier of water shall notify persons (including
the mandatory health effects language) served by the system as required in
40 CFR, Parts
141, Subpart Q,
142.16(a). The
public water system, within ten (10) days of completing the public notification
requirements under 40 CFR,
Parts 141, Subpart Q for the
initial public notice and any repeat notices, must submit to the Division a
certification that it has fully complied with the public notification
regulations. The public water system must include with this certification a
representative copy of each type of notice distributed, published, posted, and
made available to the persons served by the system and to the media. |
| (2) |
Public Notification of Lead
Contamination. The owner or operator of each community water system and
each non-transient, non-community water system shall issue notice, in
accordance with 40 CFR, Part
141.34, to persons served by the system that
may be affected by lead contamination of their drinking water. The owner or
operator shall provide notice under this Section even if there is no violation
of the national primary drinking water regulation for lead. |
| (3) |
Public Notification of Unregulated
Organic Chemical Monitoring. The owner or operator of a community water
system or non-transient, non-community water system who is required to monitor
for unregulated organic chemicals in accordance with Section
391-3-5-.26 shall notify persons
served by the system of the availability of the results of sampling in
accordance with 40 CFR, Part
141.35. |
| (4) |
Public Notification for Acute
Health Risk MCL Violations. For violations of the MCL of contaminants
and MRDLs of disinfectants that may pose an acute risk to human health, a copy
of the notice shall be furnished to radio and television stations serving the
area served by the public water system as soon as possible but in no case later
than seventy-two (72) hours after the violation.
| (a) |
For violations of the MCL for total
coliform, when fecal coliform or E. coli is detected or a
failure to test for fecal coliform or E. coli, including
E. coli in source water samples based on § 141.202(a)
Table 1(8) and MRDs of disinfectants that may pose acute risk to human health,
a copy of the notice shall be furnished to radio and television stations
serving the area served by the public water system as soon as possible but in
no case later than 24 hours after the violation. |
| (b) |
For violations of the MCL for total
coliform, MRDs and treatment technique requirements taking in account potential
health effects a copy of the notice must be provided by a daily or weekly
newspaper as soon as possible but in no case later than 30 days of the
violation as stated in § 141.203(a)(4). A copy must also be issued by
direct mail, posting, or hand delivery as soon as possible but in no case later
than 30 days of the violation. |
| (c) |
Tier 1 public notice in lieu of Tier 2 or Tier 3 is required for violations or
situations listed in Table 1 of
40 CFR
141.202(a)(5), (6), and (9)
are hereby incorporated by reference.
| 1. |
Violation of the turbidity MCL under § 141.13(b), where the primacy agency
determines after consultation that a Tier 1 notice is required or where
consultation does not take place within 24 hours after the system learns of the
violation; |
| 2. |
Violation of the
Surface Water Treatment Rule (SWTR), Interim Enhanced Surface Water Treatment
Rule (IESWTR) or Long Term 1 Enhanced Surface Water Treatment Rule (LT1SWTR)
treatment technique requirement resulting from a single exceedance of the
maximum allowable turbidity limit. |
| 3. |
Other violations or situations with
significant potential to have serious adverse effects on human health as a
result of short-term exposure, as determined by the primacy agency either in
its regulations or on a case-by-case basis. |
|
|
| (5) |
Provide Notice Prior to New
Service. The owner or operator of a community water system must give a
copy of the most recent public notice for any outstanding violation of any
maximum contaminant level, or any maximum residual disinfectant level, or any
treatment technique requirement, or any variance or exemption schedule to all
new billing units or new hookups prior to or at the time service
begins. |
| (6) |
Cryptosporidium
Public Notice. Special public notice for repeated failure to conduct
monitoring of the source water for Cryptosporidium and for
failure to determine bin classification or mean Cryptosporidium
level: 40 CFR, Subpart Q § 141.211, in its entirety, including
Appendix A, is hereby incorporated by reference. The specified mandatory
language must be included in the special notice. |
| (7) |
Non-Applicability. Any
reference to public notification requirements in
40 CFR
141.32 is not applicable. |
| (2) |
Variances or exemptions from the MCLs for
total coliforms and E. coli and variances from any of the
treatment technique requirements of Subpart H systems may not be granted. As
provided in 40 CFR § 142.304(a), small systems
variances are not available for rules addressing microbial contaminants, which
would include 40 CFR Part
141Subparts H, P, S, T, W,
and Y. |
| (3) |
EPA has stayed the
effective date relating to the total coliform MCL of Rule
391-3-5-.18(4)(a)
for systems that demonstrate to the Division that the violation of the total
coliform MCL is due to a persistent growth of total coliforms in the
distribution system rather than fecal or pathogenic contamination, a treatment
lapse or deficiency, or a problem in the operation or maintenance of the
distribution system. This is stayed until March 31, 2016, at which time the
total coliform MCL is no longer effective. |
Whenever the Director finds that an emergency exist,
presenting an imminent hazard to the public health, safety or welfare,
requiring immediate action to protect the public health and to insure that the
need for safe drinking water is met, he may, without notice or hearing, issue
such order or orders as he deems necessary and appropriate to meet to
emergency. Any such order shall cite the existence of an emergency and shall
contain a brief statement of the reasons for his finding that an emergency
exists. Such orders shall be immediately effective and any person affected
thereby shall comply therewith immediately. Such orders shall, however, contain
a notice of the time and place of a hearing scheduled within twenty (20) days
from the issuance of such order before a Hearing Officer, appointed by the
Department. Based upon the findings, of the Hearing Officer, the order shall be
modified, revoked, or continued as the Hearing Officer deems
appropriate.
| (1) |
Access for Inspection or
Investigation. The Director, or his appointed agent, shall be permitted
access in or upon any private or public property at all reasonable times for
the purpose of inspecting or investigating conditions, processes, equipment,
methods, treatment, facilities, or records relating to or associated with the
operation of any water system, to determine applicability of and compliance
with the Act and these rules, to investigate any apparent violation of the Act,
and to make such other investigations as he deems advisable and necessary for
the protection of the public health or welfare pursuant to the Act. |
| (2) |
Issue Orders for Compliance.
Based on the Director's findings in any such inspection or investigation, or
upon denial of entry pursuant to the above paragraph, the Director may issue
such orders as are necessary to insure compliance with the Act and these
rules. |
The administration and enforcement of these rules and
regulations shall be in accordance with the Georgia Administrative Procedure
Act. Such enforcement measures include, but are not limited to, administrative
orders, court orders, injunctive relief, and civil and criminal penalties
pursuant to the Act.
| (1) |
Notwithstanding any other section, the
requirements of these Safe Drinking Water Rules shall in any event be the same
as the requirements of the National Primary Drinking Water Regulations in
40 CFR, Part
141 promulgated pursuant to Section 1412 of
the Federal Act ( 42 U.S.C.
300g-1 ). |
| (2) |
The Director may prescribed more
stringent requirements than those specified by any other section of these Safe
Drinking Water Rules when necessary to:
| (a) |
meet any requirements of the Federal Act and Regulations; or |
| (b) |
safeguard the public health, safety and
welfare. |
|
These rules shall become effective on July 26, 1977.
Amendments shall become effective as provided by law.
| (1) |
Purpose. In accordance with
Section 10 of the Certification of Water and Wastewater Treatment Plant
Operators and Laboratory Analysts Act (O.C.G.A. Section
43-51-1) the following
classifications shall be considered as minimum levels, and the Division may
classify any system or plant at a higher level if the complexity of the system
or plant warrants such higher classification in the judgment of the Division.
Any system or plant not fitting any of the following standard descriptions
shall be classified individually according to the judgment of the Division.
Where water is supplied to a distribution system from two or more sources, the
classification may be set by the Division. |
| (2) |
Minimum Classifications. The
following classifications shall be considered as minimum levels:
Public Water System Classification for Community and
Non-transient Non-community Systems1
|
System Type
|
Class I
|
Class II
|
Class III
|
Class IV
|
|
Surface water with conven-tional treatment
plant
|
5.0 MGD or greater
|
4.99 MGD or less
|
n/a
|
n/a
|
|
Surface water with package or non-conven-tional
treatment plant
|
1.0 MGD or greater
|
0.99 MGD or less
|
n/a
|
n/a
|
|
Surface water with approved high-rate
filtration
|
3.0 gpm/sq.ft. or greater
|
Less than 3.0 gpm/sq.ft.
|
n/a
|
n/a
|
|
Groundwater under the direct influence of surface
water
|
1.0 MGD or greater
|
Greater than 0.1 MGD to 0.99 MGD
|
0.1 MGD or less
|
n/a
|
|
Ground-water
|
50,000 or greater population
|
10,000 to 49,999 population
|
1,000 to 9,999 population
|
25 to 999 population
|
|
Distribution systems
|
Certification is required for the operator of
public water distribution systems.
|
Note: 1 MGD is million gallons per
day; gpm/sq.ft. is gallons per minute per square-foot filter surface area; n/a
is not applicable.
|
| (3) |
Groundwater Transient Non-community Water Systems. All Transient
Non-community water systems with groundwater sources must have at least a Class
IV operator certification. |
| (4) |
Surface Water Transient Non-community Water Systems. Certification
of Transient Non-community water systems with surface water will be specified
in their permit to operate a public water system. |
| (5) |
Higher Classification. When
the complexity of water treatment warrants it, a higher classification may be
required and specified in the permit to operate a public water
system. |
| (1) |
Purpose. The following rule
for wellhead protection serve to help protect wells and springs used as sources
of water supply for community public water systems owned by and/or serving
municipalities, counties, and authorities from nearby pollution
sources. |
| (2) |
Development of
Wellhead Protection Plan. The Division shall develop a Wellhead
Protection Plan for every well, well field or spring which is used as a source
for a community public water supply owned by and/or serving a municipality,
county, or an authority. |
| (3) |
Components of Wellhead Protection Plans. Wellhead Protection Plans
shall consist of five parts; namely:
| (a) |
an
identification and location of a Control Zone for each well or
spring; |
| (b) |
an identification and
location of each required Management Zone for each well or spring; |
| (c) |
an inventory of potential pollution
sources in the designated wellhead protection areas; |
| (d) |
a management plan for potential pollution
sources identified in the inventory; and |
| (e) |
if available, a contingency plan
submitted by the supplier to the Division describing how alternate water
supplies will be provided in case the well(s) in question become polluted. The
Division shall develop all individual Wellhead Protection Plans consistent with
the rules. |
|
| (4) |
Wellhead Protection Zones. Every Wellhead Protection Area shall
consist of two zones, as follows:
| (a) |
The
Control Zone: Within this zone, the owner shall control all activities so that
there are minimal sources of potential pollution in the immediate vicinity of
the well bore. |
| (b) |
The Management
Zone: Within this zone, certain potential pollution sources are prohibited or
certain activities must be performed in accordance with the rules listed below.
The size and shape of the management zone will vary according to aquifer type,
aquifer hydraulic conductivity, pumpage rate, hydrologic province, and
proximity to recharge. |
|
| (5) |
Control Zone. All wells used
as a source of public water supply for community public water systems owned by
and/or serving municipalities, counties, or authorities shall have a control
zone. |
| (6) |
Delineation of
Management Zone. The Division shall delineate the size and shape of the
management zone of a wellhead protection area as defined below:
| (a) |
wells determined by the Division as
drawing water only from confined aquifers shall have an inner management zone
extending outward from the center of the borehole for a radius of 100 feet. No
outer management zone is required for such wells. |
| (b) |
wells drawing water from unconfined
aquifers as determined by the Division and springs, except those determined by
the Division to lie in areas of karst, shall have an inner management zone
extending outward from the center of the borehole or spring head for a radius
of 250 feet. |
| (c) |
wells drawing
water from unconfined aquifers as determined by the Division and springs, which
the Division has identified as being in areas of karst, shall have an inner
management zone extending outward from the center of the borehole or spring
head for a radius of 500 feet. |
| (d) |
unconfined wells which the Division has determined utilize fractured
crystalline rock aquifers shall have an outer management zone determined
according to the "Health Method Curve" contained in the EPA approved Georgia
Wellhead Protection Plan. |
| (e) |
unconfined aquifer wells determined by the Division as lying in karst regions
and all springs shall have an outer management zone determined by hydrogeologic
mapping or other method acceptable to the Division. |
| (f) |
Other wells not meeting the above
criteria shall have their outer management zones determined by time of travel
calculations (a minimum of a 5-year time of travel) or by volumetric
calculations as appropriate. |
|
| (7) |
Inventory of Potential Pollution
Sources. The Division shall carry out an inventory of potential
pollution sources within the control zone and management zones. Inventories
shall be permanently maintained by the Division in computer data base format.
Minimum information shall be the name and address of the owner of the well or
spring, location of the well or spring, applicable permit data, the size and
shape of the control and management zones, and the types of potential pollution
sources. Inventories shall be carried out by the Division every ten (10)
years. |
| (8) |
Inner and Outer
Management Zones. Within the inner and outer management zones of
existing wells and springs, the following shall apply:
| (a) |
The Division shall not issue any new
permits for municipal solid waste landfills, industrial waste landfills or
construction/demolition waste landfills. |
| (b) |
The Division shall not issue any new
permits for the land disposal of hazardous wastes. |
| (c) |
The Division shall require all new
facilities permitted to handle, treat, store or dispose of hazardous waste or
hazardous materials to perform such operations on an impermeable pad having a
spill and leak collection system. |
| (d) |
The Division shall require all new
agricultural waste impoundments to have an impermeable synthetic
liner. |
| (e) |
The Division shall not
issue any new permits for land application of wastewater or sludge. |
| (g) |
The Division shall not issue permits for
any new quarries or underground mines unless a hydrogeological investigation
carried out by the applicant clearly demonstrates that operation of the quarry
or mine will not pollute the well or spring or cause a reduction of ground
water flow to the well or spring. Such investigation shall be performed by a
professional engineer or professional geologist. |
| (h) |
The Division shall require that all new
underground storage tanks installed shall meet the highest standards applicable
under the Underground Storage Tank Act. All preexisting underground storage
tanks shall be required to have ground water or vapor monitoring. All abandoned
underground storage tanks shall meet the requirements of Section
391-3-15-.11 of the Rules for
Underground Storage Tanks. |
| (i) |
The
Division shall require all new wastewater treatment basins to have an
impermeable synthetic liner. |
|
| (9) |
New Sources that are Wells or
Springs. For new wells or springs that are to be used as a source of
water supply for a community public water system owned by and/or serving a
municipality, county, or authority the following shall apply:
| (a) |
The Division shall not issue any permit
for the addition of a new well or spring until the Division has delineated an
appropriate wellhead protection area and carried out an inventory of potential
pollution sources in the wellhead protection area of the proposed well or
spring. The Division shall make provision for emergency situations. |
| (b) |
Once the owner and/or supplier requests
the Divisions approval for the construction and/or development of a new well,
well field, or spring, the Division shall require the Owner and/or supplier to
provide the Division with the exact location, intended aquifer, projected depth
and expected production of the planned well(s) or springs. |
| (c) |
The Division shall not issue approval for
the construction and/ or development of well or spring where the following
potential pollution sources are known to be present within the inner management
zone:
| 1. |
underground storage tanks; |
| 2. |
non-domestic septic tanks with drain
fields; |
| 3. |
animal feedlots, poultry
enclosures, or animal enclosures (this rule shall not be construed to apply to
family pets); |
| 4. |
Environmental
facilities permitted by the Division or other potential pollution sources
identified in the inventory unless the Division has determined that there will
be no releases to the ground or that such releases, if they occur, will not be
a threat to public health and safety. Domestic septic systems that are
identified within the inner management zone shall be excluded from the
requirements of this section, provided they are located in accordance with the
criteria specified in Rule
391-3-5-.07 of this
Chapter. |
|
|
| (10) |
Notification. The Division shall notify the owner of any regulated
or unregulated chemicals which the Division believes, based on the potential
pollution source inventory, may be present in the control zone or management
zones of new or existing individual wells, well fields, or springs. |
| (11) |
Underground Injection
Wells. Within the inner management zone of existing wells and springs,
the Division shall not issue any new permits for underground injection wells,
with the exception of remediation wells. |
| (2) |
Effective
Dates.
| (a) |
Each existing community
water system must deliver to all its customers its first report by October 19,
1999, its second report by July 1, 2000, and subsequent reports by July 1
annually thereafter. The first report must contain data collected during, or
prior to, calendar year 1998 as prescribed in
40 CFR Part
141, Subpart O§ 141.153(d)(3).
Each report thereafter must contain data collected during, or prior to, the
previous calendar year. |
| (b) |
A new
community water system must deliver to all its customers its first report by
July 1 of the year after its first full calendar year in operation and annually
thereafter. |
| (c) |
A community water
system that sells water to another community water system must deliver the
applicable information required in
40 CFR Part
141, Subpart O§ 141.153 to the buyer system:
| 1. |
No later than April 19, 1999, by April 1,
2000, and by April 1 annually thereafter or |
| 2. |
On a date mutually agreed upon by the
seller and the purchaser, and specifically included in a contract between the
parties. |
|
|
| (6) |
Appendix A to
Subpart O of 40 CFR Part
141 - Regulated Contaminants is hereby
incorporated by reference. |
| (7) |
Electronic Delivery.
| (a) |
Community water systems may provide Consumer Confidence Reports electronically
provided that:
| 1. |
The manner of the
electronic delivery is a direct communication link, without use of an
intermediary service; |
| 2. |
There is
an explanatory notice that accompanies the direct communication link; |
| 3. |
The entire content of the Consumer
Confidence Report is accessible; |
| 4. |
The community water system shall provide the Consumer Confidence Report through
another method should the community water system become aware of a customer's
inability to receive the Consumer Confidence Report by the chosen electronic
delivery method. |
|
|
| (1) |
Purpose. The following Rule
for Source Water Assessment serves to help protect the source waters of public
water systems of the State. |
| (2) |
Requirement to Develop a Source Water Assessment Plan. By May
2003, each public water system of the State shall develop a Source Water
Assessment Plan (SWAP) for every well and surface water intake used by the
water system. SWAPs will be developed in accordance with the Division's
Source Water Assessment and Protection Implementation Plan for Public
Drinking Water Sources. Large surface water systems, which supply
water (directly or through wholesale) to a population of 50,000 or more, will
be delegated the responsibility of developing and implementing a Source Water
Assessment Plan. Surface water systems which supply water (directly or through
wholesale) to a population less than 50,000 will have the assessment done by
the Division. The Division encourages both large and small surface water
systems to create partnerships with each other and the Division in order to
conduct assessment of common regional watersheds. |
| (3) |
Components of a Source Water
Assessment Plan. A SWAP shall consist of four parts:
| (a) |
The delineation of the area in proximity
to the water well(s) or surface water intake(s) shall consist of:
| 1. |
At a minimum, a zone equivalent to the
outer management zone of a wellhead protection area for water wells. |
| 2. |
At a minimum, the upstream surface
drinking water intake catchment area portions of the watershed as defined in
the SWAP Implementation Plan. |
|
| (b) |
The water system shall inventory the
potential pollution sources of natural and manmade origin within the area
delineated in (a) above. The inventory will include the potential pollution
sources as defined in the SWAP Implementation Plan. |
| (c) |
The water system shall carry out an
assessment of the potential pollution sources' impact within the areas
described by (a) above, on the raw water that may reach the water well(s) or
surface water intake(s). Assessments for surface water intakes are to follow
the guidance published in the SWAP Implementation Plan. |
| (d) |
The water system shall prepare a
comprehensive SWAP report describing items (a), (b) and (c) above and submit
the report to the Division for review and approval. The water system will make
this report available to the public.
| (1) |
Use of Wellhead Protection Plans. Public groundwater systems may
use their prepared Wellhead Protection Plans and Vulnerability Assessments to
satisfy the Source Water Assessment requirements. |
|
|
| (1) |
Purpose. The purpose of the Long Term 2 Enhanced Surface Water
Treatment Rule (LT2ESWTR) is to reduce illness linked with the contaminant
Cryptosporidium and other disease-causing microorganisms in
drinking water. The rule supplements existing regulations by targeting
additional Cryptosporidium treatment requirements to higher
risk systems. This rule also contains provisions to reduce risks from uncovered
finished water reservoirs and to ensure that systems maintain microbial
protection when they take steps to decrease the formation of disinfection
byproducts that result from chemical water treatment. |
| (2) |
Applicability. This
regulation applies to all public water systems that use surface water or ground
water under the direct influence (GWUDI) of surface water. |
| (3) |
Enhanced Treatment for
Cryptosporidium - Subpart W.
| (a) |
General requirements. The requirements of
this Subpart W are national primary drinking water regulations. The regulations
in this subpart establish or extend treatment technique requirements in lieu of
maximum contaminant levels for Cryptosporidium. These
requirements are in addition to requirements for filtration and disinfection in
subparts H, P, and T of this part. |
| (b) |
Applicability. The requirements of this
subpart apply to all subpart H systems, which are public water systems supplied
by a surface water source and public water systems supplied by a ground water
source under the direct influence of surface water.
| 1. |
Wholesale systems, as defined in
40 CFR § 141.2, must comply with the requirements of
this subpart based on the population of the largest system in the combined
distribution system. |
| 2. |
The
requirements of this subpart for filtered systems apply to systems required by
National Primary Drinking Water Regulations to provide filtration treatment,
whether or not the system is currently operating a filtration system. |
| 3. |
The requirements of this subpart for
unfiltered systems apply only to unfiltered systems that timely met and
continue to meet the filtration avoidance criteria in subparts H, P, and T of
this part, as applicable. |
|
| (c) |
Requirements. Systems subject to this
subpart must comply with the following requirements:
| 1. |
Systems must conduct an initial and a
second round of source water monitoring for each plant that treats a surface
water or GWUDI source. This monitoring may include sampling for
Cryptosporidium, E. coli, and turbidity as described in
40 CFR §§ 141.701 through
141.706, to determine what level,
if any, of additional Cryptosporidium treatment they must
provide. |
| 2. |
Systems that plan to
make a significant change to their disinfection practice must develop
disinfection profiles and calculate disinfection benchmarks, as described in
40 CFR §§ 141.708 through
141.709. |
| 3. |
Filtered systems must determine their
Cryptosporidium treatment bin classification as described in
40 CFR § 141.710 and provide additional treatment for
Cryptosporidium, if required, as described in
40 CFR § 141.711. All unfiltered systems must provide
treatment for Cryptosporidium as described in
40 CFR § 141.712. Filtered and unfiltered systems must
implement Cryptosporidium treatment according to the schedule
in 40 CFR § 141.713. |
| 4. |
Systems with uncovered finished water
storage facilities must comply with the requirements to cover the facility or
treat the discharge from the facility as described in
40 CFR § 141.714. |
| 5. |
Systems required to provide additional
treatment for Cryptosporidium must implement microbial toolbox
options that are designed and operated as described in
40 CFR §§ 141.715 through
141.720. |
| 6. |
Systems must comply with the applicable
recordkeeping and reporting requirements described in
40 CFR §§ 141.721 through
141.722. |
| 7. |
Systems must address significant
deficiencies identified in sanitary surveys performed by EPA or Division as
described in 40 CFR § 141.723. |
|
|
| (4) |
Source Water Monitoring. 40
CFR, Subpart W § 141.701(a) through (h), in its entirety, is hereby
incorporated by reference. Systems are required to conduct source water
monitoring for Cryptosporidium, E. coli, and turbidity in
accordance with the monitoring schedule specified in this section. |
| (5) |
Sampling Schedules. 40 CFR,
Subpart W § 141.702(a) through (c), in its entirety, is hereby
incorporated by reference. Systems required to conduct source water monitoring
under 40 CFR § 141.701 must submit a sampling schedule that
specifies the calendar dates when the system will collect each required
sample. |
| (6) |
Sampling
Locations. 40 CFR, Subpart W § 141.703(a) through (f), in its
entirety, is hereby incorporated by reference. Systems required to conduct
source water monitoring under
40 CFR § 141.701 must collect samples for each plant
that treats a surface water or GWUDI source. Where multiple plants draw water
from the same influent, such as the same pipe or intake, the Division may
approve one set of monitoring results to be used to satisfy the requirements of
40 CFR § 141.701 for all plants. Systems must collect
source water samples prior to chemical treatment, such as coagulants, oxidants
and disinfectants, unless the Division determines that collecting a sample
prior to chemical treatment is not feasible for the system and that the
chemical treatment is unlikely to have a significant adverse effect on the
analysis of the sample. |
| (7) |
Analytical Methods. 40 CFR, Subpart W § 141.704(a) through
(c), in its entirety, is hereby incorporated by reference. |
| (8) |
Approved Laboratories. 40
CFR, Subpart W § 141.705(a) through (c), in its entirety, is hereby
incorporated by reference. |
| (9) |
Reporting Source Water Monitoring Results. 40 CFR, Subpart W
§ 141.706(a) through (e), in its entirety, is hereby incorporated by
reference. |
| (10) |
Grandfathering Previously Collected Data. 40 CFR, Subpart W §
141.707(a) through (h), in its entirety, is hereby incorporated by reference.
Systems may comply with the initial source water monitoring requirements of
40 CFR § 141.701(a) by grandfathering
sample results collected before the system is required to begin monitoring
(i.e., previously collected data). To be grandfathered, the sample results and
analysis must meet the criteria in this section and the Division must
approve. |
| (11) |
Requirements
when Making a Significant Change in Disinfection Practice. 40 CFR,
Subpart W § 141.708(a) through (b), in its entirety, is hereby
incorporated by reference. Following the completion of initial source water
monitoring under 40 CFR
§ 141.701(a), a system
that plans to make a significant change to its disinfection practice, as
defined in this section, must calculate disinfection benchmarks for
Giardia lamblia and viruses as described in
40 CFR § 141.709. Prior to changing the disinfection
practice, the system must notify the Division and must include in this notice
the information outlined in this section. Significant changes to disinfection
practice are defined as follows:
| (a) |
Changes
to the point of disinfection; |
| (b) |
Changes to the disinfectant(s) used in the treatment plant; |
| (c) |
Changes to the disinfection process;
or |
| (d) |
Any other modification
identified by the State as a significant change to disinfection
practice. |
|
| (12) |
Developing the Disinfection Profile and Benchmark. 40 CFR, Subpart
W § 141.709(a) through (e), in its entirety, is hereby incorporated by
reference. Systems required to develop disinfection profiles under
40 CFR § 141.708 must follow the requirements of this
section. Systems must monitor at least weekly for a period of 12 consecutive
months to determine the total log inactivation for Giardia
lamblia and viruses. The disinfection benchmark is the lowest monthly
mean value (for systems with one year of profiling data) or the mean of the
lowest monthly mean values (for systems with more than one year of profiling
data) of Giardia lamblia and virus log inactivation in each
year of profiling data. |
| (13) |
Bin Classification for Filtered Systems. 40 CFR, Subpart W §
141.710(a) through (f), in its entirety, is hereby incorporated by reference.
Following completion of the initial round of source water monitoring required
under 40 CFR § 141.701(a), filtered systems
must calculate an initial Cryptosporidium bin concentration
for each plant for which monitoring was required. Calculation of the bin
concentration must use the Cryptosporidium results reported
under 40 CFR § 141.701(a) and must follow
the procedures outlined in this section.
| (a) |
Filtered systems must determine their initial bin classification from the table
in 40 CFR
141.710(c) and using the
Cryptosporidium bin concentration calculated under paragraphs
(a)-(b) of this section (40 CFR, Subpart W § 141.710). |
| (b) |
Following completion of the second round
of source water monitoring required under
40 CFR § 141.701(b), filtered systems
must recalculate their Cryptosporidium bin concentration using
the Cryptosporidium results reported under
40 CFR § 141.701(b) and following the
procedures in paragraphs (b)(1) through (4) of
40 CFR § 141.710. Systems must then redetermine their
bin classification using this bin concentration and the table in paragraph (c)
of 40 CFR § 141.710. |
|
| (14) |
Filtered System Additional
Cryptosporidium Treatment Requirements. 40 CFR, Subpart
W § 141.711(a) through (d), in its entirety, is hereby incorporated by
reference. Filtered systems must provide the level of additional treatment for
Cryptosporidium specified in paragraph (a) of
40 CFR § 141.711 based on their bin classification as
determined under 40 CFR
§ 141.710 and according to the schedule
in 40 CFR § 141.713.
| (a) |
Filtered systems must use one or more of
the treatment and management options listed in
40 CFR § 141.715, termed the microbial toolbox, to
comply with the additional Cryptosporidium treatment required
in paragraph (a) of 40 CFR
§ 141.711. |
| (b) |
Systems classified in Bin 3 and Bin 4
must achieve at least 1-log of the additional Cryptosporidium
treatment required under paragraph (a) of
40 CFR § 141.711 using either one or a combination of
the following: bag filters, bank filtration, cartridge filters, chlorine
dioxide, membranes, ozone, or UV, as described in
40 CFR §§ 141.716 through
141.720. |
| (c) |
Failure by a system in any month to
achieve treatment credit by meeting criteria in §§ 141.716 through
141.720 for microbial toolbox options that is at least equal to the level of
treatment required in paragraph (a) of
40 CFR § 141.711 is a violation of the treatment
technique requirement. |
|
| (15) |
Unfiltered System
Cryptosporidium Treatment Requirements. All systems
that are using surface water sources or groundwater sources that are determined
to be under the direct influence of surface water supplies are required to
provide filtration and disinfection treatments, in addition to that other
treatments that are required by the Division, in order to comply with the
drinking water standards, regulations and operating permit conditions, required
by the Rules for Safe Drinking Water, Chapter 391-3-5. In order to provide
regulatory information on the Cryptosporidium treatment
requirements for unfiltered water systems, 40 CFR, Subpart W § 141.712(a)
through (d) is hereby incorporated by reference. |
| (16) |
Schedule for Compliance with
Cryptosporidium Treatment Requirements.
| (a) |
Following initial bin classification
under 40 CFR § 141.710(c), filtered systems
must provide the level of treatment for Cryptosporidium
required under 40 CFR § 141.711 according to the schedule in
paragraph (c) of this section. |
| (b) |
Following initial determination of the mean Cryptosporidium
level under 40 CFR § 141.712(a)(1), unfiltered
systems must provide the level of treatment for
Cryptosporidium required under
40 CFR § 141.712 according to the schedule in
paragraph (c) of this section. |
| (c) |
Cryptosporidium
treatment compliance dates.
|
CRYPTOSPORIDIUM TREATMENT COMPLIANCE
DATES TABLE
|
|
Systems that serve...
|
Must comply with Cryptosporidium treatment
requirements no later than... (1)
|
|
At least 100,000 people.
|
April 1, 2012
|
|
From 50,000 to 99,999 people.
|
October 1, 2012
|
|
From 10,000 to 49,999 people.
|
October 1, 2013
|
|
Fewer than 10,000 people.
|
October 1, 2014
|
|
Note: (1) States may
allow up to an additional two years for complying with the treatment
requirement for systems making capital improvements.
|
|
| (d) |
If the bin classification for a filtered system changes following the second
round of source water monitoring, as determined under
40 CFR § 141.710(d), the system must
provide the level of treatment for Cryptosporidium required
under 40 CFR § 141.711 on a schedule the Division
approves. |
| (e) |
If the mean
Cryptosporidium level for an unfiltered system changes
following the second round of monitoring, as determined under
40 CFR § 141.712(a)(2), and if the
system must provide a different level of Cryptosporidium
treatment under 40 CFR
§ 141.712 due to this change, the system
must meet this treatment requirement on a schedule the Division
approves. |
|
| (17) |
Requirements for Uncovered Finished Water Storage Facilities. All
finished water storage facilities must be provided with a permanent cover, in
accordance with Section
391-3-5-.11 of the rules. In order
to provide regulatory information on the requirements for uncovered finished
water storage facilities, 40 CFR, Subpart W § 141.714(a) through (d) is
hereby incorporated by reference. Microbial toolbox options for meeting
Cryptosporidium treatment requirements. 40 CFR, Subpart W
§ 141.715(a) through (b) is hereby incorporated by reference.
| (a) |
Source toolbox components. 40 CFR,
Subpart W § 141.716(a) through (b) is hereby incorporated by
reference. |
| (b) |
Pre-filtration
treatment toolbox components. 40 CFR, Subpart W § 141.717(a) through (c)
is hereby incorporated by reference. |
| (c) |
Treatment performance toolbox components.
40 CFR, Subpart W § 141.718(a) through (c) is hereby incorporated by
reference. |
| (d) |
Additional
filtration toolbox components. 40 CFR, Subpart W § 141.719(a) through (d)
is hereby incorporated by reference. |
| (e) |
Inactivation toolbox components. 40 CFR,
Subpart W § 141.720(a) through (d) is hereby incorporated by
reference. |
|
| (18) |
Reporting Requirements. 40 CFR, Subpart W § 141.721(a)
through (f) is hereby incorporated by reference. |
| (19) |
Recordkeeping Requirements.
40 CFR, Subpart W § 141.722(a) through (c) is hereby incorporated by
reference. |
| (20) |
Requirements
to Respond to Significant Deficiencies Identified in Sanitary Surveys Performed
by EPA or Division. 40 CFR, Subpart W § 141.723(a) through (d) is
hereby incorporated by reference. Systems must respond in writing to
significant deficiencies identified in sanitary survey reports no later than
forty-five (45) days after receipt of the report, indicating how and on what
schedule the system will address significant deficiencies noted in the survey.
Systems must correct significant deficiencies identified in sanitary survey
reports according to the approved schedule, or if there is no approved
schedule, according to the schedule submitted by the system if such
deficiencies are within the control of the system. |
| (21) |
Division Recordkeeping. The
records kept by the Division shall be in accordance with
40 CFR § 142.14. |
| (22) |
Division Reporting. The
reporting by the Division shall be performed as required by
40 CFR § 142.15. |
Purpose. The Stage 2 Disinfection Byproducts
Rule (DBPR) (40 CFR, Subpart V § 141) builds on existing regulations by
requiring water systems to meet disinfection byproduct (DBP) maximum
contaminant levels (MCLs) at each monitoring site in the distribution system to
better protect public health. The Stage 2 DBPR includes a provision requiring
all community water systems (CWS) and only non-transient non-community water
systems (NTNCWS) serving more than 10,000 people to conduct an initial
distribution system evaluation (IDSE) (40 CFR, Subpart U § 141). NTNCWS
serving less than 10,000 are exempted from IDSE requirements, but will need to
comply with the Stage 2 DBPR compliance monitoring requirements. The goal of
the IDSE is to characterize the distribution system and identify monitoring
sites where customers may be exposed to high levels of total trihalomethanes
(TTHM) and haloacetic acids (HAA5).
| (1) |
Initial Distribution System
Evaluations - Subpart U.
| (a) |
General
requirements. The requirements of Subpart U of this part 141 constitute
national primary drinking water regulations. The regulations in this Subpart
establish monitoring and other requirements for identifying Subpart V
compliance monitoring locations for determining compliance with maximum
contaminant levels for total trihalomethanes (TTHM) and haloacetic acids (five)
(HAA5). You must use an Initial Distribution System Evaluation (IDSE) to
determine locations with representative high TTHM and HAA5 concentrations
throughout your distribution system. IDSEs are used in conjunction with, but
separate from, Subpart L compliance monitoring, to identify and select Subpart
V compliance monitoring locations. |
| (b) |
Applicability. Public water systems are
subject to these requirements if the water system is a community water system
that uses a primary or residual disinfectant other than ultraviolet light or
delivers water that has been treated with a primary or residual disinfectant
other than ultraviolet light; or if the water system is a non-transient
non-community water system that serves at least 10,000 people and uses a
primary or residual disinfectant other than ultraviolet light or delivers water
that has been treated with a primary or residual disinfectant other than
ultraviolet light. |
| (c) |
Schedule. 40
CFR Subpart U § 141.600(c), in its entirety, is hereby incorporated by
reference. Systems required to comply with Initial Distribution System
Evaluations - Subpart U, must comply with the schedule specified in the table
40 CFR § 141.600(c)(1). A wholesale
system or a consecutive system must comply with the specified schedule at the
same time as the system with the earliest compliance date in the combined
distribution system. |
| (d) |
40 CFR
Subpart U § 141.600(d) through (f), in its entirety, is hereby
incorporated by reference. |
| (e) |
Standard Monitoring. 40 CFR Subpart U § 141.601 is hereby incorporated by
reference.
| 1. |
Standard monitoring plan. 40
CFR Subpart U § 141.601(a) through (c), in its entirety, is hereby
incorporated by reference. |
| 2. |
System specific studies. 40 CFR Subpart U § 141.602(a) through (b), in its
entirety, is hereby incorporated by reference. |
| 3. |
40/30 Certification. 40 CFR Subpart U
§ 141.603(a) through (b), in its entirety, is hereby incorporated by
reference. |
| 4. |
Very small system
waivers. 40 CFR Subpart U § 141.604(a) through (b), in its entirety, is
hereby incorporated by reference. |
|
| (f) |
Subpart V compliance monitoring location
recommendations. 40 CFR Subpart U § 141.605(a) through (e), in its
entirety, is hereby incorporated by reference. Water system's IDSE report must
include the recommendations and justification for where and during what
month(s) TTHM and HAA5 monitoring for Subpart V of part 141 should be
conducted. Water system must base its recommendations on the criteria in
paragraphs (b) through (e) of this section. |
|
| (2) |
Stage 2 Disinfection Byproducts
Requirements- Subpart V.
| (a) |
General
requirements. The requirements of Subpart V of this part constitute national
primary drinking water regulations. The regulations in this Subpart establish
monitoring and other requirements for achieving compliance with maximum
contaminant levels based on locational running annual averages (LRAA) for total
trihalomethanes (TTHM) and haloacetic acids (five) (HAA5), and for achieving
compliance with maximum residual disinfectant residuals for chlorine and
chloramine for certain consecutive systems. |
| (b) |
Applicability. Public water systems are
subject to these requirements if the system is a community water system or a
non-transient non-community water system that uses a primary or residual
disinfectant other than ultraviolet light or delivers water that has been
treated with a primary or residual disinfectant other than ultraviolet
light. |
| (c) |
Schedule. 40 CFR Subpart
V § 141.620(c), in its entirety, is hereby incorporated by reference.
Systems required to comply with Stage 2 Disinfection Byproducts Requirements -
Subpart V, must comply with the schedule specified in the table
40 CFR § 141.620(c). A wholesale
system or a consecutive system must comply with the specified schedule at the
same time as the system with the earliest compliance date in the combined
distribution system.
| 1. |
Systems serving
100,000 or more people: April 1, 2012 |
| 2. |
Systems serving 50,000-99,999 people:
October 1, 2012 |
| 3. |
Systems serving
10,000-49,999 people: October 1, 2013 |
|
| (d) |
Monitoring frequency must be in
accordance with 40 CFR Subpart V § 141.621(a)(2).
| 1. |
If a water system is required to conduct
quarterly monitoring, it must begin monitoring in the first full calendar
quarter that includes the compliance date in the table in paragraph
40 CFR § 141.620(c). |
| 2. |
If a water system is required to conduct
monitoring at a frequency that is less than quarterly, it must begin monitoring
in the calendar month recommended in the IDSE report prepared under
40 CFR § 141.601 or
40 CFR § 141.602 or the
calendar month identified in the Subpart V monitoring plan developed under
40 CFR § 141.622 no later than twelve (12) months
after the compliance date in paragraph
40 CFR § 141.620(c). |
| 3. |
If a water system is required to conduct
quarterly monitoring, it must make compliance calculations at the end of the
fourth calendar quarter that follows the compliance date and at the end of each
subsequent quarter (or earlier if the LRAA calculated based on fewer than four
quarters of data would cause the MCL to be exceeded regardless of the
monitoring results of subsequent quarters). If a water system is required to
conduct monitoring at a frequency that is less than quarterly, it must make
compliance calculations beginning with the first compliance sample taken after
the compliance date. |
| 4. |
For the
purpose of the schedule in paragraph
40 CFR § 141.620(c), the Division may
determine that the combined distribution system does not include certain
consecutive systems based on factors such as receiving water from a wholesale
system only on an emergency basis or receiving only a small percentage and
small volume of water from a wholesale system. The Division may also determine
that the combined distribution system does not include certain wholesale
systems based on factors such as delivering water to a consecutive system only
on an emergency basis or delivering only a small percentage and small volume of
water to a consecutive system. |
|
| (e) |
Monitoring and compliance.
| 1. |
Systems required to monitor quarterly. To
comply with Subpart V MCLs in
40 CFR § 141.64(b)(2), water system
must calculate LRAAs for TTHM and HAA5 using monitoring results collected under
this Subpart and determine that each LRAA does not exceed the MCL. If water
system fails to complete four consecutive quarters of monitoring, you must
calculate compliance with the MCL based on the average of the available data
from the most recent four quarters. If you take more than one sample per
quarter at a monitoring location, you must average all samples taken in the
quarter at that location to determine a quarterly average to be used in the
LRAA calculation. |
| 2. |
Systems
required to monitor yearly or less frequently. To determine compliance with
Subpart V MCLs in 40 CFR
§ 141.64(b)(2), water
system must determine that each sample taken is less than the MCL. If any
sample exceeds the MCL, it must comply with the requirements of
40 CFR § 141.625. If no sample exceeds the MCL, the
sample result for each monitoring location is considered the LRAA for that
monitoring location. |
|
| (f) |
Violations. Water system is in violation of the monitoring requirements for
each quarter that a monitoring result would be used in calculating an LRAA if
it fails to monitor. |
| (g) |
Routine
monitoring. If a water system submitted an IDSE report, it must begin
monitoring at the locations and months it has recommended in its IDSE report
submitted under 40 CFR
§ 141.605 following the schedule in
40 CFR § 141.620(c), unless the
Division requires other locations or additional locations after its review. If
a water system submitted a 40/30 certification under
40 CFR § 141.603 or it qualified for a very small
system waiver under 40 CFR
§ 141.604 or it is a non-transient
non-community water system serving less than 10,000, it must monitor at the
location(s) and dates identified in its monitoring plan in
40 CFR § 141.132(f), updated as
required by 40 CFR § 141.622. |
| (h) |
Water system must monitor at no fewer
than the number of locations identified in this paragraph:
|
Source Water
Type
|
Population
Served
|
Monitoring Frequency
(1)
|
Distribution System Monitoring
Locations Total per Monitoring Period
(2)
|
|
Subpart H
|
Fewer than 500
|
per year
|
2
|
|
500-3,300
|
per quarter
|
2
|
|
3,301-9,999
|
per quarter
|
2
|
|
10,000-49,999
|
per quarter
|
4
|
|
50,000-249,999
|
per quarter
|
8
|
|
250,000-999,999
|
per quarter
|
12
|
|
1,00,000-4,999,999
|
per quarter
|
16
|
|
5,000, 000 or more
|
per quarter
|
20
|
|
Ground Water
|
Fewer than 500
|
per year
|
2
|
|
500-9,999
|
per year
|
2
|
|
10,000-99,999
|
per quarter
|
4
|
|
100,000-499,999
|
per quarter
|
6
|
|
500,000 or more
|
per quarter
|
8
|
|
NOTES:
(1) All systems must monitor during the highest month of DBP
concentrations.
(2) Systems on quarterly monitoring must take dual sample
sets every 90 days at each monitoring location, except for Subpart H systems
serving 500-3,300 persons. Systems on annual monitoring and Subpart H systems
serving 500-3,300 persons are required to take individual TTHM and HAA5 samples
(instead of a dual sample set) at the locations with the highest TTHM and HAA5
concentrations, respectively. Only one location with a dual sample set per
monitoring period is needed if highest TTHM and HAA5 concentrations occur at
the same location (and month, if monitored annually).
| (i) |
If a water system is an undisinfected
system that begins using a disinfectant other than UV light after the dates in
Subpart U of this part for complying with the Initial Distribution System
Evaluation requirements, it must consult with the Division to identify
compliance monitoring locations for this Subpart. The water system must then
develop a monitoring plan under
40 CFR § 141.622 that includes those monitoring
locations. |
| (j) |
Analytical methods.
The water system must use an approved method listed in
40 CFR § 141.131, as stated in Section
391-3-5-.24(4)(g)
of the Rules, for TTHM and HAA5 analyses. Analyses must be conducted by
laboratories that have received certification by EPA or the Division.
|
|
| (3) |
Monitoring
Plans for Stage 2 Disinfection Byproducts Requirements-Subpart V.
| (a) |
Water system must develop and implement a
monitoring plan to be kept on file for Division and public review. The
monitoring plan must contain the following elements and be complete no later
than the date it conducts its initial monitoring under this Subpart.
| 3. |
Compliance calculation procedures;
and |
| 4. |
Monitoring plans for any
other systems in the combined distribution system if the Division has reduced
monitoring requirements under its authority. |
|
| (b) |
If a water system was not required to
submit an IDSE report under either
40 CFR § 141.601 or § 141.602, and it does not have
sufficient Subpart L (Stage 1 DBPR) monitoring locations to identify the
required number of Subpart V (Stage 2 DBPR) compliance monitoring locations
indicated in 40 CFR § 141.605(b), it must identify
additional locations by alternating selection of locations representing high
TTHM levels and high HAA5 levels until the required number of compliance
monitoring locations have been identified. It must also provide the rationale
for identifying the locations as having high levels of TTHM or HAA5. If it has
more Subpart L monitoring locations than required for Subpart V compliance
monitoring in 40 CFR § 141.605(b), it must identify
which locations it will use for Subpart V compliance monitoring by alternating
selection of locations representing high TTHM levels and high HAA5 levels until
the required number of Subpart V compliance monitoring locations have been
identified. |
| (c) |
A Subpart H water
system serving over 3,300 people must submit a copy of its monitoring plan to
the Division prior to the date it conducts its initial monitoring under this
Subpart, unless its IDSE report submitted under Subpart U of this part contains
all the information required by this section. |
| (d) |
A water system may revise its monitoring
plan to reflect changes in treatment, distribution system operations and layout
(including new service areas), or other factors that may affect TTHM or HAA5
formation, or for Division-approved reasons, after consultation with the
Division regarding the need for changes and the appropriateness of changes. If
a water system changes monitoring locations, it must replace existing
compliance monitoring locations with the lowest LRAA with new locations that
reflect the current distribution system locations with expected high TTHM or
HAA5 levels. The Division may also require modifications in water system's
monitoring plan. A Subpart H system serving over 3,300 people must submit a
copy of its modified monitoring plan to the Division prior to the date it is
required to comply with the revised monitoring plan. |
|
| (4) |
Reduced Monitoring.
| (a) |
The water system may reduce monitoring to
the level specified in table 40 CFR § 141.623(a) any time the LRAA
is less than or equal to (<=) 0.040 mg/L for TTHM and less than or equal to
(<=) 0.030 mg/L for HAA5 at all monitoring locations. It may only use data
collected under the provisions of this Subpart or Subpart L of this part to
qualify for reduced monitoring. In addition, the source water annual average
TOC level, before any treatment, must be less than or equal to (<=) 4.0 mg/L
at each treatment plant treating surface water or ground water under the direct
influence of surface water, based on monitoring conducted under either
40 CFR § 141.132(b)(1)(iii) or § 141.132(d). |
| (b) |
The water system may remain on reduced
monitoring as long as the TTHM LRAA less than or equal to (<=) 0.040 mg/L
and the HAA5 LRAA less than or equal to (<=) 0.030 mg/L at each monitoring
location (for systems with quarterly reduced monitoring) or each TTHM sample
less than or equal to (<=) 0.060 mg/L and each HAA5 sample less than or
equal to (<=) 0.045 mg/L (for systems with annual or less frequent
monitoring). In addition, the source water annual average TOC level, before any
treatment, must be less than or equal to (<=) 4.0 mg/L at each treatment
plant treating surface water or ground water under the direct influence of
surface water, based on monitoring conducted under either
40 CFR § 141.132(b)(1)(iii) or § 141.132(d). |
| (c) |
If the LRAA based on quarterly monitoring
at any monitoring location exceeds either 0.040 mg/L for TTHM or 0.030 mg/L for
HAA5 or if the annual (or less frequent) sample at any location exceeds either
0.060 mg/L for TTHM or 0.045 mg/L for HAA5, or if the source water annual
average TOC level, before any treatment, is greater than (>) 4.0 mg/L at any
treatment plant treating surface water or ground water under the direct
influence of surface water, the water system must resume routine monitoring
under 40 CFR § 141.621 or begin increased monitoring if
40 CFR § 141.625 applies. |
| (d) |
The Division may return the water system
to routine monitoring at its discretion. |
|
| (5) |
Additional Requirements for
Consecutive Systems. A consecutive system that does not add a
disinfectant but delivers water that has been treated with a primary or
residual disinfectant other than ultraviolet light must comply with analytical
and monitoring requirements for chlorine and chloramines in
40 CFR § 141.131(c) and § 141.132(c)(1) and
the compliance requirements in
40 CFR § 141.133(c)(1) beginning
April 1, 2009, unless required earlier by the Division, and report monitoring
results under 40 CFR § 141.134(c). |
| (6) |
Conditions Requiring Increased
Monitoring.
| (a) |
A water system that is
required to monitor at a particular location annually or less frequently than
annually under 40 CFR § 141.621 or § 141.623 must increase monitoring
to dual sample sets once per quarter (taken every 90 days) at all locations if
a TTHM sample is >0.080 mg/L or a HAA5 sample is >0.060 mg/L at any
location. |
| (b) |
A water system is in
violation of the MCL when the LRAA exceeds the Subpart V MCLs in
40 CFR § 141.64(b)(2), calculated
based on four consecutive quarters of monitoring (or the LRAA calculated based
on fewer than four quarters of data if the MCL would be exceeded regardless of
the monitoring results of subsequent quarters). The water system is in
violation of the monitoring requirements for each quarter that a monitoring
result would be used in calculating an LRAA if it fails to monitor. |
| (c) |
A water system may return to routine
monitoring once it has conducted increased monitoring for at least four
consecutive quarters and the LRAA for every monitoring location is <=0.060
mg/L for TTHM and <=0.045 mg/L for HAA5. |
|
| (7) |
Operational Evaluation
Levels.
| (a) |
The water system has
exceeded the operational evaluation level at any monitoring location where the
sum of the two previous quarters' TTHM results plus twice the current quarter's
TTHM result, divided by 4 to determine an average, exceeds 0.080 mg/L, or where
the sum of the two previous quarters' HAA5 results plus twice the current
quarter's HAA5 result, divided by 4 to determine an average, exceeds 0.060
mg/L.
| 1. |
If a water system exceeds the
operational evaluation level, it must conduct an operational evaluation and
submit a written report of the evaluation to the Division no later than 90 days
after being notified of the analytical result that causes it to exceed the
operational evaluation level. The written report must be made available to the
public upon request. |
| 2. |
The
operational evaluation must include an examination of system treatment and
distribution operational practices, including storage tank operations, excess
storage capacity, distribution system flushing, changes in sources or source
water quality, and treatment changes or problems that may contribute to TTHM
and HAA5 formation and what steps could be considered to minimize future
exceedences.
| (i) |
The water system may request
and the Division may allow you to limit the scope of its evaluation if it is
able to identify the cause of the operational evaluation level
exceedance. |
| (ii) |
The water system's
request to limit the scope of the evaluation does not extend the schedule in
paragraph (b)1. of this section for submitting the written report. The Division
must approve this limited scope of evaluation in writing and the water system
must keep that approval with the completed report. |
|
|
|
| (8) |
Requirements
for Remaining on Reduced TTHM and HAA5 Monitoring Based on Subpart L
Results. 40 CFR Subpart V § 141.627 is hereby incorporated by
reference. |
| (9) |
Requirements
for Remaining on Increased TTHM and HAA5 Monitoring Based on Subpart L
Results. 40 CFR Subpart V § 141.628 is hereby incorporated by
reference. |
| (10) |
Reporting and
Recordkeeping Requirements. 40 CFR Subpart V § 141.629 is hereby
incorporated by reference. |
| (11) |
Division Recordkeeping. The records kept by the Division shall be
in accordance with 40 CFR
§ 142.14. |
Purpose. The United States Environmental
Protection Agency established the Ground Water Rule, which the Division has
adopted, to provide increased protection against microbial pathogens in public
water systems that use ground water as the source of drinking water.
| (1) |
General Requirements and
Applicability. 40 CFR
Part 141, Subpart S§ 141.400 is hereby incorporated by
reference.
| (a) |
This Rule applies to the
following:
| 1. |
Systems relying totally on
ground water; purchased water systems or consecutive systems receiving ground
water; |
| 2. |
Mixed surface and ground
water systems where ground water is added directly to the distribution system
or to the treated surface water prior to entry into the distribution
system. |
|
| (b) |
Hydrogeologic Sensitivity Assessments.
| 1. |
Hydrogeologically sensitive settings include Karst (carbonate rock, i.e.
limestone and dolostone), fractured bedrock and gravel. |
| 2. |
Drinking water produced by water systems
from aquifers consisting of the above geologic materials require hydrogeologic
sensitivity assessments prepared by the Division. |
| 3. |
The information that the Division requires
to prepare a hydrogeologic sensitivity assessment may be requested by the
Division from the water source's owner and/or found in one or all of three
regulatory reports approved by the EPA:
| (i) |
A
water source's Well Head Protection Plan, |
| (ii) |
The Source Water Assessment,
and/or |
| (iii) |
The Individual Source
Vulnerability Assessment. |
|
| 7. |
The water source rating developed for
Individual Source Vulnerability Assessments is to be used to determine if a
source is at high, medium, or low risk to microbiological
contamination. |
|
| (c) |
Ground water systems must comply with the requirements of this Rule beginning
December 1, 2009. |
|
| (2) |
Sanitary Surveys for Ground Water Systems. 40 CFR Part
141, Subpart S§ 141.401 is hereby incorporated by
reference.
| (a) |
Ground water systems must
provide the Division, at the Division's request, any existing information that
will enable the Division to conduct a sanitary survey. |
| (b) |
A sanitary survey conducted by the
Division includes an onsite review of the water source(s), facilities,
equipment, operation, maintenance, and monitoring compliance of a public water
system to evaluate the adequacy of the system, its sources and operations and
the distribution of safe drinking water. |
| (c) |
The sanitary survey includes an
evaluation of the applicable components listed below:
| 4. |
Finished water storage, |
| 5. |
Pumps, pump facilities, and
controls, |
| 6. |
Monitoring, reporting,
and data verification, |
| 7. |
System
management and operation, and |
| 8. |
Operator compliance with Division requirements. |
|
|
| (3) |
Ground Water Source Microbial
Monitoring and Analytical Methods. 40 CFR Part
141, Subpart S§ 141.402 is hereby incorporated by
reference.
| (a) |
Triggered source water
monitoring.
| 1. |
General
requirements. A ground water system must conduct triggered source
water monitoring if the conditions identified in paragraphs (3)(a)1.(i) and
either (3)(a)1.(ii) or (3)(a)1.(iii) exist.
| (i) |
The system does not provide at least
4-log treatment of viruses (using inactivation, removal, or a Division-approved
combination of 4-log virus inactivation and removal) before or at the first
customer for each ground water source; and either |
| (ii) |
The system is notified that a sample
collected under §141.21(a) is total coliform-positive and the sample is
not invalidated under §141.21(c) until March 31, 2016, or |
|
| 2. |
Sampling requirements. A
ground water system must collect, within 24 hours of notification of the total
coliform-positive sample, at least one ground water source sample from each
ground water source in use at the time the total coliform-positive sample was
collected under §141.21(a) until March 31, 2016, or collected under Rule
391-3-5-.55(4) through
(7) beginning April 1, 2016, except as
provided in paragraph (3)(a)2.(ii).
| (i) |
The
Division may extend the 24-hour time limit on a case-by-case basis if the
system cannot collect the ground water source water sample within 24 hours due
to circumstances beyond its control. In the case of an extension, the Division
must specify how much time the system has to collect the sample. |
| (ii) |
If approved by the Division, systems
with more than one ground water source may meet the requirements of paragraph
(3)(a)2. by sampling a representative ground water source or sources. If
directed by the Division, systems must submit for Division approval a triggered
source water monitoring plan that identifies one or more ground water sources
that are representative of each monitoring site in the system's sample siting
plan under §141.21(a) until March 31, 2016, or under Rule
391-3-5-.55(3)
beginning April 1, 2016, and that the system intends to use for representative
sampling under this paragraph. |
|
| 3. |
Additional requirements.
If the Division does not require corrective action under §141.403(a)(2)
for an E. coli positive source water sample collected under
paragraph (3)(a)2. that is not invalidated under paragraph (3)(d), the system
must collect five additional source water samples from the same source within
24 hours of being notified of the E. coli-positive
sample. |
| 4. |
Consecutive and
wholesale systems.
| (i) |
In addition to
the other requirements of paragraph (3)(a), a consecutive ground water system
that has a total coliform-positive sample collected under §141.21(a) until
March 31, 2016, or under Rule
391-3-5-.55(4) through
(7) beginning April 1, 2016, must notify the
wholesale system(s) within 24 hours of being notified of the total
coliform-positive sample. |
| (ii) |
In
addition to the other requirements of paragraph (3)(a), a wholesale ground
water system must comply with paragraphs (3)(a)4.(ii)(I) and (3)(a)4.(ii)(II).
| (I) |
A wholesale ground water system that
receives notice from a consecutive system it serves that a sample collected
under §141.21(a) until March 31, 2016, or collected under Rule
391-3-5-.55(4) through
(7) beginning April 1, 2016, is total
coliform-positive must, within 24 hours of being notified, collect a sample
from its ground water source(s) under paragraph (3)(a)(2) and analyze it for a
E. Coli under paragraph (3)(c). |
| (II) |
If the sample collected under paragraph
(3)(a)4.(ii)(I) is E. Coli-positive, the wholesale ground
water system must notify all consecutive systems served by that ground water
source of the E. Coli source water positive within 24 hours of
being notified of the ground water source sample monitoring result and must
meet the requirements of paragraph (3)(a)3. |
|
|
| 5. |
Exceptions to the triggered source
water monitoring requirements. A ground water system is not required
to comply with the source water monitoring requirements of paragraph (3)(a) if
either of the following conditions exists:
| (i) |
The Division determines, and documents in writing, that the total
coliform-positive sample collected under §141.21(a) until March 31, 2016,
or under Rule 391-3-5(4) through (7) beginning April 1, 2016, is caused by a
distribution system deficiency; or |
| (ii) |
The total coliform-positive sample
collected under §141.21(a) until March 31, 2016, or under Rule 391-3-5(4)
through (7) beginning April 1, 2016, is collected at a location that meets
Division criteria for distribution system conditions that will cause total
coliform-positive samples. |
|
|
| (b) |
Assessment Source Water Monitoring. If
directed by the Division, ground water systems must conduct assessment source
water monitoring that meets Division-determined requirements for such
monitoring. A ground water system conducting assessment source water monitoring
may use a triggered source water sample collected under
40 CFR § 141.402(a)(2) to meet the
requirements of this paragraph. Division-determined assessment source water
monitoring requirements may include:
| 1. |
Collection of a total of 12 ground water source samples that represent each
month the system provides ground water to the public, |
| 2. |
Collection of samples from each well
unless the system obtains written Division approval to conduct monitoring at
one or more wells within the ground water system that are representative of
multiple wells used by that system and that draw water from the same
hydrogeological setting, |
| 3. |
Collection of a standard sample volume of at least 100 mL for E.
coli analysis, |
| 4. |
Analysis
of all ground water source samples using one of the analytical methods listed
in 40 CFR § 141.402(c)(2) for the
presence of E. coli, |
| 5. |
Collection of ground water source samples
at a location prior to any treatment of the ground water source unless the
Division approves a sampling location after treatment, and |
| 6. |
Collection of ground water source samples
at the well itself unless the system's configuration does not allow for
sampling at the well itself and the Division approves an alternate sampling
location that is representative of the water quality of that well. |
|
| (c) |
Analytical Methods.
| 1. |
A ground water system subject to the
source water monitoring requirements of paragraph (3)(a) must collect a
standard sample volume of at least 100 mL for E. coli
analysis. |
| 2. |
A ground water system
must analyze all ground water source samples collected under paragraph (3)(a)
using one of the analytical methods listed in the following table in
40 CFR § 141.402(c)(2) or one of the
alternative methods listed in Appendix A to Subpart C of
40 CFR Part
141 (Alternative Testing Methods Approved for
Analyses Under the Safe Drinking Water Act) for the presence of E.
coli. |
|
| (d) |
Invalidation of a Fecal Indicator-Positive Ground Water Source Sample.
| 1. |
A ground water system may obtain Division
invalidation of a E. coli -positive ground water source sample
collected under paragraph (3)(a) only under the conditions specified in
paragraphs (3)(d)1.(i) and (ii).
| (i) |
The
system provides the Division with written notice from the laboratory that
improper sample analysis occurred; or |
| (ii) |
The Division determines and documents in
writing that there is substantial evidence that an E.
coli-positive ground water source sample is not related to source
water quality. |
|
| 2. |
If the
Division invalidates an E. coli-positive ground water source
sample, the ground water system must collect another source water sample under
paragraph (3)(a) within 24 hours of being notified by the Division of its
invalidation decision and have it analyzed using the analytical methods in
paragraph (3)(c). The Division may extend the 24-hour time limit on a
case-by-case basis if the system cannot collect the source water sample within
24 hours due to circumstances beyond its control. In the case of an extension,
the Division must specify how much time the system has to collect the
sample. |
|
| (e) |
Sampling
Location.
| 1. |
Any ground water source sample
required under 40 CFR § 141.402(a) must be collected
at a location prior to any treatment of the ground water source unless the
Division approves a sampling location after treatment. |
| 2. |
If the system's configuration does not
allow for sampling at the well itself, the system may collect a sample at a
Division-approved location to meet the requirements of paragraph (3)(a) if the
sample is representative of the water quality of that well. |
|
| (f) |
Public Notification. A ground
water system with a ground water source sample collected under
40 CFR § 141.402(a) or (b) that is
E. Coli-positive and that is not invalidated under
40 CFR § 141.402(d), including
consecutive systems served by the ground water source, must conduct public
notification under 40 CFR
§ 141.202. |
| (g) |
Monitoring Violations. Failure to meet
the requirements of paragraphs (3)(a) through (3)(e) is a monitoring violation
and requires the ground water system to provide public notification under
40 CFR § 141.204. |
|
| (4) |
Treatment Technique Requirements
for Ground Water Systems. 40 CFR Part
141, Subpart S§ 141.403 is hereby incorporated by
reference.
| (a) |
The treatment technique
requirements of this paragraph must be met by ground water systems with
significant deficiencies or source water fecal contamination:
| 1. |
When a significant deficiency is
identified or when a groundwater source sample collected under
40 CFR § 141.402(a)(3) is fecal
positive. |
| 3. |
When a
significant deficiency is identified at a Subpart H public water system that
uses both ground water and surface water or ground water under the direct
influence of surface water, the system must comply with paragraph (4) except in
cases where the Division determines that the significant deficiency is in a
portion of the distribution system that is served solely by surface water or
ground water under the direct influence of surface water. |
| 4. |
Unless directed by the Division to
implement a specific corrective action, the ground water system must consult
with the Division regarding the appropriate corrective action within thirty
(30) days of receiving written notice from the Division of a significant
deficiency, written notice from a laboratory that a ground water source sample
collected under 40 CFR
§ 141.402(a)(3) was
found to be fecal positive, or direction from the Division that a fecal
positive collected under 40
CFR § 141.402(a)(2),
§ 141.402(a)(4), or
§ 141.402(b)
requires corrective action. |
| 5. |
Within 120 days of receiving written notification from the Division of a
significant deficiency, written notice from a laboratory that a ground water
source sample collected under
40 CFR § 141.402(a)(3) was found to
be fecal positive, or direction from the Division that a fecal positive
collected under 40 CFR
§ 141.402(a)(2), § 141.402(a)(4), or
§ 141.402(b)
requires corrective action, the ground water system must either:
| (i) |
Have completed corrective action in
accordance with a Division approved corrective action plan. |
| (ii) |
Be in compliance with a Division
approved corrective action plan and schedule subject to the conditions
specified in paragraphs (4)(a) and (4)(b).
| (I) |
The Division must approve any modifications to the corrective action plan and
schedule. |
| (II) |
The system must
comply with any interim measures specified by the Division for the protection
of the public health pending Division approval of the corrective action plan
and schedule or pending completion of the corrective action. |
|
|
| 6. |
Ground water systems
that meet the conditions of paragraphs (4)(a)1. or (4)(a)2. must implement one
or more of the following corrective action alternatives:
| (i) |
Correct all significant
deficiencies; |
| (ii) |
Provide an
alternate source of water; |
| (iii) |
Eliminate the source of contamination; or |
| (iv) |
Provide treatment that reliably achieves
at least 4-log treatment of viruses (using inactivation, removal, or a
combination of both) before or at the first customer for the ground water
source. |
|
| 7. |
Special
Notice to the public of significant deficiencies or source water fecal
contamination.
| (i) |
In addition to the
applicable public notification requirements of
40 CFR § 141.402, a community ground water system that
receives notice from the Division of a significant deficiency or notification
of a fecal positive ground water source sample that is not invalidated by the
Division under 40 CFR § 141.402(d) must inform the
public served by the water system under
40 CFR § 141.153(h)(6) of the fecal
positive source sample or of any significant deficiency that has not been
corrected. The system must continue to inform the public annually until the
significant deficiency is corrected or the fecal contamination in the
groundwater source is determined by the Division to be corrected under
paragraph (4)(a)5. |
| (ii) |
In addition
to the applicable public notification requirements of
40 CFR § 141.402, a non-community ground water system
that receives notice from the Division of a significant deficiency must inform
the public served by the water system in a manner approved by the Division of
any significant deficiency that has not been corrected within twelve (12)
months of being notified. The system must continue to inform the public
annually until the significant deficiency is corrected. The information must
include:
| (I) |
The nature of the significant
deficiency and the date the significant deficiency was identified by the
Division; |
| (II) |
The Division
approved plan and schedule for correction of the significant deficiency,
including interim measures, progress to date, and any interim measures
completed; and |
| (III) |
For systems
with a large portion of non-English speaking consumers, as determined by the
Division, information in the appropriate language regarding the importance of
the notice or a telephone number or address where consumers may contact the
system to obtain a translated copy of the notice or assistance in the
appropriate language. |
|
| (iii) |
If directed by the Division, a
non-community water system with significant deficiencies that have been
corrected must inform its customers of the significant deficiencies, how the
deficiencies were corrected, and the dates of correction. |
|
|
| (b) |
Compliance Monitoring.
| 2. |
A ground water system that is not required
to meet the source water monitoring requirements in this Rule because it
provides at least 4-log treatment of viruses for any ground water source must
notify the Division in writing that it is providing at least 4-log treatment of
viruses and begin compliance monitoring in accordance with this Rule by
December 1, 2009. |
| 3. |
A ground water
system that places a ground water source in service after November 30, 2009,
that is not required to meet the source water monitoring requirements in this
Rule because it provides at least 4-log treatment of viruses for any ground
water source must notify the Division in accordance with
40 CFR § 141.403(b)(2)(i), (b)(2)(ii) and
(b)(2)(iii) and conduct compliance monitoring
as required under 40 CFR
§ 141.403(b)(3) within
thirty days of placing the source in service. |
| 4. |
If the system subsequently discontinues
4-log treatment of viruses before or at the first customer for a ground water
source, the system must conduct ground water source monitoring as required
under 40 CFR § 141.402. |
| 5. |
A ground water system serving greater than
3,300 people that is required to conduct compliance monitoring must
continuously monitor the residual disinfectant concentration using analytical
methods specified in 40 CFR
§ 141.74(a)(2) at a
location approved by the Division and must record the lowest residual
disinfectant concentration each day that water from the ground water source is
served to the public. The ground water system must maintain the
Division-determined residual disinfectant concentration every day the ground
water system serves water from the ground water source to the public. If there
is a failure in the continuous monitoring equipment, the ground water system
must conduct grab sampling every four hours until the continuous monitoring
equipment is returned to service. The system must resume continuous residual
disinfectant monitoring within 14 days. |
| 6. |
A ground water system serving 3,300 or
fewer people that is required to conduct compliance monitoring must monitor the
residual disinfectant concentration using analytical methods specified in
40 CFR § 141.74(a)(2) at a location
approved by the and record the residual disinfect concentration each day that
water from the ground water source is served to the public. The groundwater
system must maintain the Division-determined residual disinfectant
concentration every day the ground water system serves water from the ground
water source to the public. The ground water system must take a daily grab
sample during the hour of peak flow or at another time specified by the
Division. If any daily grab sample measurement falls below the
Division-determined residual disinfectant concentration, the ground water
system must take follow-up samples every four hours until the residual
disinfectant concentration is restored to the Division-determined level.
Alternatively, a ground water system that serves 3,300 or fewer people may
monitor continuously and meet the requirements of
40 CFR § 141.403(b)(3)(i)(A). |
| 7. |
A ground water system may discontinue
4-log treatment of viruses if the Division determines and documents in writing
that 4-log treatment of viruses is no longer necessary for that groundwater
source. A system that discontinues 4-log treatment of viruses is subject to the
source water monitoring and analytical methods requirements of
40 CFR Part
141Subpart S, § 141.402. |
| 8. |
Failure to meet the monitoring
requirements of paragraph (4)(b) is a monitoring violation and requires the
ground water system to provide public notification under
40 CFR Part
141Subpart S, § 141.402. |
| 9. |
A ground water system conducting
compliance monitoring under 40 CFR § 141.403(b) must notify the
Division any time the system fails to meet any Division-specified requirements
including, but not limited to, minimum residual disinfectant concentration,
membrane operating criteria or membrane integrity, and alternative treatment
operating criteria, if operation in accordance with the criteria or
requirements is not restored within four hours. The ground water system must
notify the Division as soon as possible, but in no case later than the end of
the next business day. |
|
|
| (5) |
Treatment Technique Violations for
Ground Water Systems. 40 CFR, Subpart S, § 141.404 is hereby
incorporated by reference.
| (a) |
A ground water
system with a significant deficiency is in violation of the treatment technique
requirement if, within 120 days of receiving written notice from the Division
of the significant deficiency, the system:
| 1. |
Does not complete corrective action in accordance with any applicable Division
plan review processes including interim actions and measures specified by the
Division, or |
| 2. |
Is not in
compliance with a Division approved corrective action plan and
schedule. |
|
| (b) |
Unless the
Division invalidates a fecal positive ground water source sample under
40 CFR § 141.402(d), a ground water
system is in violation of the treatment technique requirement if, within 120
days of meeting the conditions of
40 CFR § 141.403(a)(1) or § 141.402(a)(2),
the system:
| 1. |
Does not complete corrective
action in accordance with any applicable Division plan review processes
including interim actions and measures specified by the Division, or |
| 2. |
Is not in compliance with a Division
approved corrective action plan and schedule. |
|
| (c) |
A ground water system subject to the
requirements of 40 CFR
§ 141.402(a)(2) that
fails to maintain at least 4-log treatment of viruses (using inactivation,
removal, or a combination of the two) technique requirement if the failure is
not corrected within four hours of determining the system is not maintaining at
least 4-log treatment of viruses before or at the first customer. |
| (d) |
Ground water systems must give public
notification under 40 CFR
§ 141.203 for the treatment technique
violations specified in paragraphs (5)(a), (5)(b) and (5)(c). |
|
| (6) |
Reporting and
Recordkeeping for Ground Water Systems. 40 CFR Part
141, Subpart S, § 141.405 is hereby incorporated by
reference.
| (a) |
In addition to the
requirements of 40 CFR
§ 141.31, a groundwater system regulated
under 40 CFR Part
141Subpart S must provide
the following information to the Division:
| 1. |
A ground water system conducting compliance monitoring under
40 CFR § 141.403(b) must notify the
Division any time the systems fails to meet any Division-specified requirements
including, but not limited to, minimum residual disinfectant concentration,
membrane operating criteria or integrity, and alternative treatment operating
criteria, if operation in accordance with the criteria or requirements is not
restored within four (4) hours. The ground water system must notify the
Division as soon as possible, but in no case later than the end of the next
business day. |
| 2. |
After completing
any corrective action under 40 CFR § 141.403(a), a ground water
system must notify the Division within thirty (30) days of completion of the
corrective action. |
| 3. |
If a ground
water system that is subject to the requirements of
40 CFR § 141.402(a) does not conduct
source water monitoring under
40 CFR § 141.402(a)(5)(ii), the
system must provide documentation to the Division within thirty (30) days of
the total coliform positive sample that it met the Division criteria. |
|
| (b) |
In addition to the
requirements of 40 CFR
§ 141.33, a groundwater system regulated
under 40 CFR Part
141Subpart S must maintain
the following information in its records:
| 1. |
Documentation of corrective actions. Documentation shall be kept for a period
of not less than ten years. |
| 2. |
Documentation of notice to the public as required under
40 CFR § 141.493(a)(7). Documentation
shall be kept for a period not less than three years. |
| 4. |
For consecutive systems, documentation of
notification to the wholesale system(s) of total coliform-positive samples that
are not invalidated under 40
CFR § 141.21(c) until
March 31, 2016, or under Rule
391-3-5-.55(3)
beginning April 1, 2016. Documentation shall be kept for a period of not less
than five years. |
| 5. |
For systems,
including wholesale systems, that are required to perform compliance monitoring
under 40 CFR § 141.403(b):
| (i) |
Records of the Division-specified minimum
disinfectant residual. Documentation shall be kept for a period of not less
than ten years. |
| (ii) |
Records of
lowest daily residual disinfectant concentration and records of the date and
duration of any failure to maintain the Division-prescribed minimum residual
disinfectant concentration for a period of more than four hours. Documentation
shall be kept for a period of not less than five years. |
| (iii) |
Records of Division-specified
compliance requirements for membrane filtration and of parameters specified by
the Division for Division-approved alternative treatment and records of the
date and duration of any failure to meet the membrane operating, membrane
integrity, or alternative treatment operating requirements for more than four
hours. Documentation shall be kept for a period of not less than five
years. |
|
|
|
| (7) |
Division Recordkeeping. The
records kept by the Division shall be in accordance with
40 CFR § 142.14. |
| (8) |
Division Reporting. The
reporting by the Division shall be performed as required by
40 CFR § 142.15. |
| (1) |
General.
| (a) |
General. The provisions
of this Rule include both maximum contaminant level and treatment technique
requirements. |
| (b) |
Applicability. The provisions of this Rule apply to all public
water systems. |
| (c) |
Compliance date. Systems must comply with the provisions of
this Rule beginning April 1, 2016, unless otherwise specified in this
Rule. |
| (d) |
Violations of
national primary drinking water regulations. Failure to comply with
the applicable requirements of this Rule, including requirements established by
the Division pursuant to these provisions, is a violation of the national
primary drinking water regulations. |
|
| (2) |
Analytical Methods and Laboratory
Certification
| (a) |
Analytical
Methodology.
| 1. |
The standard sample
volume required for analysis, regardless of analytical method used, is 100
ml. |
| 2. |
Systems need only determine
the presence or absence of total coliforms and E. coli; a
determination of density is not required |
| 3. |
The time from sample collection to
initiation of test medium incubation may not exceed 30 hours. Systems are
encouraged but not required to hold samples below 10 deg. C during
transit. |
| 4. |
If water having
residual chlorine (measured as free, combined, or total chlorine) is to be
analyzed, sufficient sodium thiosulfate
(Na2S2O3)
must be added to the sample bottle before sterilization to neutralize any
residual chlorine in the water sample. Dechlorination procedures are addressed
in Section 9060A.2 of Standard Methods for the Examination of Water and
Wastewater (20th and 21st editions). |
| 5. |
Systems must conduct total coliform and
E. coli analyses in accordance with one of the analytical
methods in 40 CFR § 141.852(a)(5) or one of the
alternative methods listed in Appendix A to Subpart C of
40 CFR Part
141. |
|
| (b) |
Laboratory
certification. Systems must have all compliance samples required under
this Rule analyzed by a laboratory certified by the Division to analyze
drinking water samples. The laboratory used by the system must be certified for
each method (and associated contaminant(s)) used for compliance monitoring
analyses under this Rule. |
| (c) |
Incorporation by reference. The standards required in
paragraph (2) of this Rule are incorporated by reference under
40 CFR § 141.852(c). |
|
| (3) |
General Monitoring
Requirements for all Public Water Systems
| (a) |
Sample Site Plans.
| 1. |
Systems must develop a written sample
siting plan that identifies sampling sites and a sample collection schedule
that are representative of water throughout the distribution system not later
than March 31, 2016. These plans are subject to Division review and revision.
Systems must collect total coliform samples according to the written sample
siting plan. Monitoring required by paragraphs (4) through (8) of this Rule may
take place at a customer's premise, dedicated sampling station, or other
designated compliance sampling location. Routine and repeat sample sites and
any sampling points necessary to meet the requirements of Rule
391-3-5-.54 must be reflected in the
sampling plan. |
| 2. |
Systems must
collect samples at regular time intervals throughout the month, except that
systems that use only groundwater and serve 4,900 or fewer people may collect
all required samples on a single day if they are taken from different
sites. |
| 3. |
Systems must take at
least the minimum number of required samples even if the system has had an
E. coli MCL violation or has exceeded the coliform treatment
technique triggers in paragraph (9)(a). |
| 4. |
A system may conduct more compliance
monitoring than is required by this Rule to investigate potential problems in
the distribution system and use monitoring as a tool to assist in uncovering
problems. A system may take more than the minimum number of required routine
samples and must include the results in calculating whether the coliform
treatment technique trigger in paragraph (9)(a)1.(i) and (ii) has been exceeded
only if the samples are taken in accordance with the existing sample siting
plan and are representative of water throughout the distribution
system. |
| 5. |
Systems must identify
repeat monitoring locations in the sample siting plan. Unless the provisions of
paragraph (3)(a)5.(i) are met, the system must collect at least one repeat
sample from the sampling tap where the original total coliform-positive sample
was taken, and at least one repeat sample at a tap within five service
connections upstream and at least one repeat sample at a tap within five
service connections downstream of the original sampling site. If a total
coliform-positive sample is at the end of the distribution system, or one
service connection away from the end of the distribution system, the system
must still take all required repeat samples. However, the Division may allow an
alternative sampling location in lieu of the requirement to collect at least
one repeat sample upstream or downstream of the original sampling site. Systems
required to conduct triggered source water monitoring under
391-3-5-.54(3)(a)
must take ground water source sample(s) in addition to repeat samples required
under this Rule.
| (i) |
Systems may propose
repeat monitoring locations to the Division that the system believes to be
representative of a pathway for contamination of the distribution system. A
system may elect to specify either alternative fixed locations or criteria for
selecting repeat sampling sites on a situational basis in a standard operating
procedure (SOP) in its sample siting plan. The system must design its SOP to
focus the repeat samples at locations that best verify and determine the extent
of potential contamination of the distribution system area based on specific
situations. The Division may modify the SOP or require alternative monitoring
locations as needed. |
|
| 6. |
The Division may review, revise, and approve, as appropriate, repeat sampling
proposed by systems under paragraph (3)(a)5.(i). The system must demonstrate
that the sample siting plan remains representative of the water quality in the
distribution system. The Division may determine that monitoring at the entry
point to the distribution system (especially for undisinfected ground water
systems) is effective to differentiate between potential source water and
distribution system problems. |
|
| (b) |
Special purpose samples.
Special purpose samples, such as those taken to determine whether disinfection
practices are sufficient following pipe placement, replacement, or repair, must
not be used to determine whether the coliform treatment technique trigger has
been exceeded. Repeat samples taken pursuant to paragraph (8) are not
considered special purpose samples, and must be used to determine whether the
coliform treatment technique trigger has been exceeded. |
| (c) |
Invalidation of total coliform
samples. A total coliform-positive sample invalidated under this
paragraph does not count toward meeting the minimum monitoring requirements of
this Rule.
| 1. |
The Division may invalidate a
total coliform-positive sample if any of the following conditions are met:
| (i) |
The laboratory establishes that improper
sample analysis caused the total coliform-positive result. |
| (ii) |
The Division, on the basis of the
results of repeat samples collected as required under paragraph (8)(a),
determines that the total coliform-positive sample resulted from a domestic or
other non-distribution system plumbing problem. The Division cannot invalidate
a sample on the basis of repeat sample results unless all repeat sample(s)
collected at the same tap as the original total coliform-positive sample are
also total coliform-positive, and all repeat samples collected at a location
other than the original tap are total coliform-negative (e.g., the Division
cannot invalidate a total coliform-positive sample on the basis of repeat
samples if all the repeat samples are total coliform-negative, or if the system
has only one service connection). |
| (iii) |
The Division has substantial grounds to
believe that a total coliform-positive result is due to a circumstance or
condition that does not reflect water quality in the distribution system. In
this case, the system must still collect all repeat samples required under
paragraph (8)(a), and use them to determine whether a coliform treatment
technique trigger in paragraph (9) has been exceeded. To invalidate a total
coliform-positive sample under this paragraph, the decision and supporting
rationale must be documented in writing, and approved and signed by the
supervisor of the Division official who recommended the decision. The Division
must make this document available to EPA and the public. The written
documentation must state the specific cause of the total coliform-positive
sample, and what action the system has taken, or will take, to correct this
problem. The Division may not invalidate a total coliform-positive sample
solely on the grounds that all repeat samples are total
coliform-negative. |
|
| 2. |
A
laboratory must invalidate a total coliform sample (unless total coliforms are
detected) if the sample produces a turbid culture in the absence of gas
production using an analytical method where gas formation is examined (e.g.,
the Multiple-Tube Fermentation Technique), produces a turbid culture in the
absence of an acid reaction in the Presence-Absence (P-A) Coliform Test, or
exhibits confluent growth or produces colonies too numerous to count with an
analytical method using a membrane filter (e.g., Membrane Filter Technique). If
a laboratory invalidates a sample because of such interference, the system must
collect another sample from the same location as the original sample within 24
hours of being notified of the interference problem, and have it analyzed for
the presence of total coliforms. The system must continue to re-sample within
24 hours and have the samples analyzed until it obtains a valid result. The
Division may waive the 24-hour time limit on a case-by-case basis.
Alternatively, the Division may implement criteria for waiving the 24-hour
sampling time limit to use in lieu of case-by-case extensions. |
|
|
| (4) |
Routine
Monitoring Requirements for Non-Community Water Systems Serving 1,000 or Fewer
People Using Only Ground Water
| (a) |
General.
| 1. |
The provisions of
this paragraph (4) apply to non-community water systems using only ground water
(except ground water under the direct influence of surface water, as defined in
391-3-5-.02(64))
and serving 1,000 or fewer people. |
| 2. |
Following any total coliform-positive
sample taken under the provisions of paragraph (4), systems must comply with
the repeat monitoring requirements and E. coli analytical
requirements in paragraph (8). |
| 3. |
Once all monitoring required by paragraphs (4) and (8) for a calendar month has
been completed, systems must determine whether any coliform treatment technique
triggers specified in paragraph (9) have been exceeded. If any trigger has been
exceeded, systems must complete assessments as required by paragraph
(9). |
| 4. |
For the purpose of
determining eligibility for remaining on or qualifying for quarterly monitoring
under the provisions of paragraphs (4)(d)4. and (4)(e)2., respectively, for
transient non-community water systems, the Division may elect to not count
monitoring violations under paragraph (10)(c)1. if the missed sample is
collected no later than the end of the monitoring period following the
monitoring period in which the sample was missed. The system must collect the
make-up sample in a different week than the routine sample for that monitoring
period and should collect the sample as soon as possible during the monitoring
period. This authority does not affect the provisions of paragraphs (10)(c)1.
and (11)(a)4. |
|
| (b) |
Monitoring frequency for total coliforms. Systems must monitor
each calendar quarter that the system provides water to the public, except for
seasonal systems or as provided underparagraphs (4)(c) through (4)(e) and
(4)(g). Seasonal systems must meet the monitoring requirements of paragraph
(4)(f). |
| (c) |
Transition to
40 CFR Part
141Subpart Y.
| 1. |
Systems, including seasonal systems, must
continue to monitor according to the total coliform monitoring schedules under
Rule 391-3-5-.23
that were in effect on March 31, 2016, unless any of the conditions for
increased monitoring in paragraph (4)(d) are triggered on or after April 1,
2016, or unless otherwise directed by the Division. |
| 2. |
Beginning April 1, 2016, the Division must
perform a special monitoring evaluation during each sanitary survey to review
the status of the system, including the distribution system, to determine
whether the system is on an appropriate monitoring schedule. After the Division
has performed the special monitoring evaluation during each sanitary survey,
the Division may modify the system's monitoring schedule, as necessary, or it
may allow the system to stay on its existing monitoring schedule, consistent
with the provisions of paragraph (4). The Division may not allow systems to
begin less frequent monitoring under the special monitoring evaluation unless
the system has already met the applicable criteria for less frequent monitoring
in paragraph (4). |
|
| (d) |
Increased monitoring requirements for systems on quarterly
monitoring. A system on quarterly monitoring that experiences any of
the events identified in paragraphs (4)(d)1. through (4)(d)4. must begin
monthly monitoring the month following the event. The system must continue
monthly monitoring until the requirements in paragraph (4)(e) for quarterly
monitoring are met. A system on monthly monitoring for reasons other than those
identified in paragraphs (4)(d)1. through (4)(d)4. is not considered to be on
increased monitoring for the purposes of paragraph (4)(e).
| 1. |
The system triggers a Level 2 assessment
or two Level 1 assessments under the provisions of paragraph (9) in a rolling
12-month period. |
| 2. |
The system has
an E. coli MCL violation. |
| 3. |
The system has a coliform treatment
technique violation. |
| 4. |
The system
has two monitoring violations under Rule
391-3-5-.55 or one monitoring
violation under Rule
391-3-5-.55 and one Level 1
assessment under the provisions of paragraph (9) in a rolling 12-month period
for a system on quarterly monitoring. |
|
| (e) |
Requirements for returning to
quarterly monitoring. The Division may reduce the monitoring frequency
for a system on monthly monitoring triggered under paragraph (4)(d) to
quarterly monitoring if the system meets the following criteria:
| 1. |
Within the last 12 months, the system must
have a completed sanitary survey or a site visit by the Division or a voluntary
Level 2 assessment by a party approved by the Division, be free of sanitary
defects, and have a protected water source; and |
| 2. |
The system must have a clean compliance
history for a minimum of 12 months. |
|
| (f) |
Seasonal systems.
| 1. |
Beginning April 1, 2016, all seasonal
systems must demonstrate completion of a Division-approved start-up procedure,
which may include a requirement for startup sampling prior to serving water to
the public. |
| 2. |
A seasonal system
must monitor every month that it is in operation. |
| 3. |
The Division may exempt any seasonal
system from some or all of the requirements for seasonal systems if the entire
distribution system remains pressurized during the entire period that the
system is not operating. |
|
| (g) |
Additional routine monitoring the
month following a total coliform-positive sample. Systems collecting
samples on a quarterly frequency must conduct additional routine monitoring the
month following one or more total coliform-positive samples (with or without a
Level 1 treatment technique trigger). Systems must collect at least three
routine samples during the next month, except that the Division may waive this
requirement if the conditions of paragraph (4)(g)1., 2., or 3. are met. Systems
may either collect samples at regular time intervals throughout the month or
may collect all required routine samples on a single day if samples are taken
from different sites. Systems must use the results of additional routine
samples in coliform treatment technique trigger calculations under paragraph
(9)(a).
| 1. |
The Division may waive the
requirement to collect three routine samples the next month in which the system
provides water to the public if the Division, or an agent approved by the
Division, performs a site visit before the end of the next month in which the
system provides water to the public. Although a sanitary survey need not be
performed, the site visit must be sufficiently detailed to allow the Division
to determine whether additional monitoring and/or any corrective action is
needed. The Division cannot approve an employee of the system to perform this
site visit, even if the employee is an agent approved by the Division to
perform sanitary surveys. |
| 2. |
The
Division may waive the requirement to collect three routine samples the next
month in which the system provides water to the public if the Division has
determined why the sample was total coliform-positive and has established that
the system has corrected the problem or will correct the problem before the end
of the next month in which the system serves water to the public. In this case,
the Division must document this decision to waive the following month's
additional monitoring requirement in writing, have it approved and signed by
the supervisor of the Division official who recommends such a decision, and
make this document available to the EPA and public. The written documentation
must describe the specific cause of the total coliform-positive sample and what
action the system has taken and/or will take to correct this problem. |
| 3. |
The Division may not waive the requirement
to collect three additional routine samples the next month in which the system
provides water to the public solely on the grounds that all repeat samples are
total coliform-negative. If the Division determines that the system has
corrected the contamination problem before the system takes the set of repeat
samples required in paragraph (8), and all repeat samples were total
coliform-negative, the Division may waive the requirement for additional
routine monitoring the next month. |
|
|
| (5) |
Routine Monitoring Requirements for
Community Water Systems Serving 1,000 or Fewer People Using Only Ground
Water.
| (a) |
General.
| 1. |
The provisions of paragraph (5) apply to
community water systems using only ground water (except ground water under the
direct influence of surface water, as defined in
391-3-5-.02(64))
and serving 1,000 or fewer people. |
| 2. |
Following any total coliform-positive
sample taken under the provisions of paragraph (5), systems must comply with
the repeat monitoring requirements and E. coli analytical
requirements in paragraph (8). |
| 3. |
Once all monitoring required by paragraphs (5) and (8) for a calendar month has
been completed, systems must determine whether any coliform treatment technique
triggers | | |
