These regulations are promulgated pursuant to the authority conferred by R.I. Gen. Laws § 46-13-18(a) for the purpose of assuring the public is provided with safe and potable drinking water.

A. Wherever used in these regulations the following terms shall be construed as follows:

1. “Abandoned well” means a well or borehole that has gone dry, is contaminated, or no longer serves a useful purpose.

2. “Act” means R.I. Gen. Laws Chapter 46-13.

3. “Action level” means the concentration of lead or copper in water specified in § 1.7.1(C) of this Part, which determines, in some cases, the treatment requirements contained in § 1.7 of this Part that a water system is required to complete.

4. “Administrative contact” means the entity that the legal water system owner designates to be the primary point of contact regarding the public water system.

5. “Administrative penalty” or “Penalty” means a monetary sum assessed by the Director pursuant to this Part in response to a violation of, or a failure to comply with, R.I. Gen. Chapter 46-13 or any rule, regulation, license, permit or order adopted pursuant to the Director's authority thereunder.

6. “Backflow” means flow of used or non-potable water, or other substances from any domestic, industrial, or institutional piping system back into the public water system. The reverse pressure gradient that leads to backflow is caused by either back-siphonage or backpressure.

7. “Backflow preventer” means a mechanical device designed to prevent backflow through water pipes.

8. “Backpressure” means backflow caused by connection of a public water system to a non-potable system which is operating under a higher pressure than the public water system. The cause of the higher pressure includes, but is not limited to, a pump, boiler, elevation difference, or air or steam pressure.

9. “Back-siphonage” means backflow caused by negative or sub-atmospheric pressure in a portion of a public water system.

10. “Bag filters” means pressure-driven separation devices that remove particulate matter larger than one (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.

11. “Bank filtration” means a water treatment process that uses a well to recover surface water that has naturally infiltrated into groundwater 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).

12. “Best available technology” means the best technology, treatment techniques, or other means which the EPA Administrator finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available for a specific contaminant or category of contaminants.

13. “Cartridge filters” means pressure-driven separation devices that remove particulate matter larger than one (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.

14. “Certified laboratory” means an analytical laboratory licensed by R.I. Gen. Laws Chapter 23-16.2, to perform biological, microbiological, chemical or radiochemical examination of potable water or a laboratory exempt from this law as provided for in R.I. Gen. Laws § 23-16.2-3 but which shall be certified by the State Certification official in accordance with 40 C.F.R. § 142.10b.

15. “Change of use” means a different or expanded activity at an existing PWS which significantly uses more or less water, or changes the duration of consumption between transient and non- transient, than previously approved through application or documented historical use.

16. “Clean compliance history” for purposes of § 1.16.4 of this Part, means a record of no MCL violations under § 1.16.4 of this Part; no monitoring violations under § 1.16.4 of this Part; and no coliform treatment technique trigger exceedances or treatment technique violations under § 1.16.4 of this Part.

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” means 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” means a public water system which serves at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents.

20. “Compliance cycle” means the nine-year calendar year cycle during which PWSs must monitor as required by this Part. Each compliance cycle consists of three-year compliance periods. The first calendar year cycle begins January 1, 1993 and ends December 31, 2001; the second begins January 1, 2002 and ends December 31, 2010; the third begins January 1, 2011 and ends December 31, 2019.

21. “Compliance period” means a three-year calendar year period within a compliance cycle. Each compliance cycle has three (3), three-year compliance periods. Within the first compliance cycle, the first compliance period runs from January 1, 1993 to December 31, 1995; the second from January 1, 1996 to December 31, 1998; and the third from January 1, 1999 to December 31, 2001.

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 purposes of compliance with § 1.6 of this Part, the comprehensive performance evaluation must 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. “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.

24. “Connection” means the water service line connecting a structure to the water distribution line. In the absence of data on the number of service connections, the population served divided by 2.5 shall be used as the default value.

a. The following are excluded from the “connection” component of the PWS definition:

(1) A connection to a system that delivers water through constructed conveyances other than pipes is excluded from consideration as a “connection” under three (3) circumstances:

(AA) Where the water is used exclusively for purposes other than residential uses (consisting of drinking, bathing, and cooking, or other similar uses);

(BB) Where the Director determines that alternative water to achieve the equivalent level of public health protection provided by the applicable national primary drinking water regulations is provided for drinking and cooking;

(CC) Where the Director determines that the water provided for drinking, cooking, and bathing is treated (centrally or by 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.

(i) If the application of one (1) or more of these exclusions reduces the “connections” of a system providing water for human consumption (through construction conveyances other than pipes) to fewer than fifteen (15) service connections that serve fewer than twenty- five (25) individuals, the supplier’s water system is not a public water system.

(ii) However, if the supplier’s remaining connections number fifteen (15) or more, or if its remaining connections [even if they number fewer than fifteen (15)] regularly serve at least twenty-five (25) individuals, then the system is a public water system although the excluded connections are not considered part of the public water system for as long as the exclusions apply and the system complies with any conditions governing their applicability.

b. An irrigation district in existence prior to May 18, 1994 that provides primarily agricultural service through a piped water system with only incidental residential or similar use shall not be considered to be a public water system if the system or the residential or similar users of the system comply with §§ 1.2(A)(1)(AA) and (BB) of this Part.

25. “Consecutive system” means 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.

26. “Contaminant” means any physical, chemical, biological, or radiological substance or matter in water.

27. “Conventional filtration treatment” means a series of processes including coagulation, flocculation, sedimentation, and filtration resulting in substantial particulate removal.

28. “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.

29. “Cross-connection” means an actual or potential connection between any parts of a public water system and any source of contamination or pollution.

30. “CT” or “CTcalc” means the product of “residual disinfectant concentration” C in mg/L determined before or at the first customer, and the corresponding disinfectant contact time (T) in minutes, i.e., “C” x “T”. “CT99.9” is the CT value required for 99.9 percent (3-log) inactivation of Giardia lamblia cysts. CT99.9 for a variety of disinfectants and conditions appear in Tables 1.1-1.6, 2.1, and 3.1 of § 1.6.8 of this Part CTcalc/CT99.9, is the inactivation ratio. The sum of the inactivation ratios, or total inactivation ratio shown as the sum of (CTcalc)/(CT99.9), is calculated by adding together the inactivation ratio for each disinfection sequence. A total inactivation ratio equal to or greater than 1.0 is assumed to provide a 3-log inactivation of Giardia lamblia cysts.

31. “Cyanobacteria” means photosynthesizing bacteria, also called blue-green algae, which naturally occur in marine and freshwater ecosystems, and may produce cyanotoxins which at sufficiently high concentrations may pose a risk to public health.

32. “Cyanotoxin” means a toxin (such as microcystins) produced by cyanobacteria, which include liver toxins, nerve toxins, and skin toxins.

33. “Cyanotoxin maximum contaminant level” means the concentration of a cyanotoxin which, if exceeded, will require additional monitoring, and potentially other actions as described in this Part.

34. “Decommissioned well” means an abandoned well that has been completely filled with sealant from the original depth to the surface, in accordance with this Part, so that it is no longer a conduit to the aquifer.

35. “Department” means the Rhode Island Department of Health.

36. “Detected” or “Detection” means an analytical result that is equal to or greater than the reporting limit for the analytical method being used, or the minimum detection limit included in this Part for the particular analyte, whichever is greater.

37. “Diatomaceous earth filtration” means a process resulting in substantial particulate removal in which:

a. A precoat cake of diatomaceous earth filter media is deposited on a support membrane (septum); and

b. While the water is filtered by passing through the cake on the septum, additional filter media known as body feed is continuously added to the feed water to maintain the permeability of the filter cake.

38. “Direct filtration” means a series of processes including coagulation and filtration but excluding sedimentation resulting in substantial particulate removal.

39. “Director” means the Director of the Rhode Island Department of Health or his duly authorized agent.

40. “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.

41. “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 of disinfectant residual measurement to a point before or at the point where residual disinfectant concentration (“C”) is measured. Disinfectant contact time in pipelines must be calculated based on “plug flow” by dividing the internal volume of the pipe by the maximum hourly flow rate through that pipe. Disinfectant contact time within mixing basins and storage reservoirs must be determined by tracer studies or an equivalent demonstration.

42. "Disinfection” means a process which inactivates pathogenic organisms in water by chemical oxidants or equivalent agents.

43. “Disinfection profile” means a summary of daily Giardia lamblia inactivation through the treatment plant. The procedure for developing a disinfection profile is contained in §1.6.

44. “Distribution sampling points” means representative points in the distribution system.

45. “Domestic or other non-distribution system plumbing problem” means a coliform contamination problem in a PWS with more than one (1) service connection that is limited to the specific service connection from which the coliform-positive sample was taken.

46. “Dose equivalent” means the absorbed dose from ionizing radiation expressed in terms of Rads multiplied by such a factor 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).

47. “Dual sample set” means 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 § 1.8.9 of this Part and determining compliance with the TTHM and HAA5 MCLs under § 1.8.10 of this Part.

48. “Effective corrosion inhibitor residual” for the purpose of § 1.7 of this Part, means a concentration sufficient to form a passivating film on the interior walls of a pipe.

49. “Effective operation” means a public water system’s ability to meet an average daily demand while providing sufficient volume and pressure for fire protection, where applicable, while meeting drinking water standards.

50. “Enhanced coagulation” means the addition of sufficient coagulant for improved removal of disinfection byproduct precursors by conventional filtration treatment.

51. “Enhanced softening” means the improved removal of disinfection byproduct precursors by precipitative softening.

52. “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.

53. “Filtration” means a process for removing particulate matter from water by passage through porous media.

54. “Finished water” means 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).

55. “Finished water sampling point” means each entry point to the distribution system which is representative of the water intended for distribution and consumption without further treatment, except as 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 § 1.7.7(B)(2) of this Part, that has been standing in plumbing pipes at least six (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 through gentle stirring by hydraulic or mechanical means.

58. “Flowing stream” means 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 one hundred eighty (180) days, except that the reactivation frequency for GAC10 used as a best available technology for compliance with § 1.8.1 of this Part MCLs under § 1.8.1(C) of this Part shall be one hundred twenty (120) days.

60. “GAC20” means granular activated carbon filter beds with an empty-bed contact time of twenty (20) minutes based on average daily flow and a carbon reactivation frequency of every two hundred forty (240) days.

61. “Gross alpha particle activity” means the total radioactivity due to alpha particle emission as determined from measurements on a dry sample.

62. “Gross beta particle activity” means the total radioactivity due to beta particle emission as determined from measurements on a dry sample.

63. “Groundwater under the direct influence of surface water” means any water beneath the surface of the ground with:

a. Significant occurrence of insects or other macroorganisms, 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.

c. Direct influence must be determined for individual sources in accordance with criteria established by the Director. The Director's determination of direct influence may be based on site-specific measurements of water quality and/or documentation of well construction characteristics and geology with field evaluation.

64. “Haloacetic acids (five)” or “HAA5” means 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 (2) significant figures after addition.

65. “Halogen” means one of the chemical elements chlorine, bromine, or iodine.

66. “Initial compliance period” means the first full three-year compliance period which begins at least eighteen (18) months after promulgation, except for dichloromethane, 1,2,4 trichlorobenzene, 1,1,2- trichloroethane, benzo[a]pyrene, dalapon, di(2-ethylhexyl)adipate, di(2-ethylhexyl)phthalate, dinoseb, diquat, endothall, endrin, glyphosate, hexachlorbenzene, hexachlorocyclopentadiene, oxamyl(Vydate), picloram, simazine, 2,3,7,8-TCDD (Dioxin), antimony, beryllium, cyanide, nickel, and thallium, initial compliance period means January 1993-December 1995 for systems with 150 or more service connections and January 1996-December 1998 for systems having fewer than 150 service connections.

67. “Inner protective radius” means the land within two hundred (200) feet of drilled (bedrock), driven, or dug wells, or within four hundred (400) feet of stratified drift wells, to be reserved for the protection of the water quality of the well and free of potential sources of contamination, except as approved by the Director.

68. “Lake/reservoir” means a natural or manmade 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.

69. “Large water system” for the purpose of § 1.7 of this Part, means a public water system that serves more than fifty thousand (50,000) persons.

70. “Lead service line” means a service line made of lead which connects the water main to the building inlet and any lead pigtail, gooseneck or other fitting which is connected to such lead line.

71. “Legionella” means a genus of bacteria, some species of which have caused a type of pneumonia called Legionnaires Disease.

72. “Level 1 assessment” means 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 groundwater 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 State 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.

73. “Level 2 assessment” means 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 State, which may include the system operator. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that the 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 groundwater 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 State 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 State in the case of an E. coli MCL violation.

74. “License” means approval as specified in R.I. Gen. Laws § 46-13-2.1.

75. “Locational running annual average” or “LRAA” means the average of sample analytical results for samples taken at a particular monitoring location during the previous four calendar quarters.

76. “Manmade beta particle and photon emitters” means all radionuclides emitting beta particles and/or photons listed in Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air or Water for Occupational Exposure, NBS Handbook 69, except the daughter products of thorium-232, uranium-235 and uranium-238.

77. “Maximum contaminant level” means the maximum permissible level of a contaminant in water which is delivered to any user of a public water system.

78. “Maximum contaminant level goal” or “MCLG” means the maximum level of a contaminant in drinking water at which no known or anticipated adverse effect on the health of persons would occur, and which allows an adequate margin of safety. Maximum contaminant level goals are non-enforceable health goals.

79. “Maximum residual disinfectant level” or “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. For chlorine and chloramines, a PWS is in compliance with the MRDL when the running annual average of monthly averages of samples taken in the distribution system, computed quarterly, is less than or equal to the MRDL. For chlorine dioxide, a PWS is in compliance with the MRDL when daily samples are taken at the entrance to the distribution system and no two (2) consecutive daily samples exceed the MRDL. MRDLs are enforceable in the same manner as maximum contaminant levels under Section 1412 of the Safe Drinking Water Act. There is convincing evidence that the addition of a disinfectant is necessary for control of waterborne microbial contaminants. Notwithstanding the MRDLs listed in § 1.8.2(A) of this Part, operators may increase residual disinfectant levels of chlorine or chloramines (but not chlorine dioxide) in the distribution system to a level and for a time necessary to protect public health to address specific microbiological contamination problems caused by circumstances such as distribution line breaks, storm runoff events, source water contamination, or cross-connections.

80. “Maximum residual disinfectant level goal” or “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 contaminants.

81. “Maximum Total Trihalomethane Potential” or “MTP” means the maximum concentration of total trihalomethanes produced in a given water containing a disinfectant residual after seven (7) days at a temperature of 25 degrees C or above.

82. “Medium-size water system” for the purpose of § 1.7 of this Part only, means a water system that serves greater than three thousand three hundred (3,300) and less than or equal to fifty thousand (50,000) persons.

83. “Membrane filtration” means a pressure or vacuum driven separation process in which particulate matter larger than one (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.

84. “Microcystins” means total microcystins; the combination of all the variants of a cyanotoxin microcystin, which is produced by a number of cyanobacteria.

85. “Near the first service connection” means at one (1) of the twenty percent (20%) 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.

86. “Non-community water system” means a public water system that is not a community water system. A non-community water system is either a “transient non-community water system (TNC)” or a “non-transient non-community water system (NTNC).”

87. “Noncompliance”, “Nonconformance”, “Failure to comply” and “Violation” each mean any act or failure to act which constitutes or results in or from:

a. Engaging in any activity prohibited by, or not in compliance with the Act or any rule, regulation, permit, approval, or order adopted pursuant to the Director's authority thereunder;

b. Engaging in any business or other activity without a necessary permit, or approval that is required by law or regulation;

c. The failure to perform, or the failure to perform in a timely fashion, anything required by the Act, by a rule, regulation, permit, approval, or order adopted pursuant to the Director's authority.

88. “Non-transient non-community water system” or “NTNC” means a non-community water system that regularly services at least twenty-five (25) of the same persons over six (6) months per year.

89. “Operator” means an individual employed at a water treatment facility or transmission and distribution system whose routine job duties involve performing operational activities or making decisions regarding the daily operational activities of a public water treatment facility and/or transmission and distribution system, that may directly impact the quality and/or quantity of drinking water. “Operator” does not apply to an official exercising only general administrative supervision or engineering design duties, such as the city engineer or elected water commissioner, or clerical or administrative workers involved only in activities such as customer relations, billing, payroll, timekeeping, etc. The term “operator”, as used in this Part, does not apply to individuals whose only responsibility is to install and/or read meters.

90. “Optimal corrosion control treatment” for the purpose of § 1.7 of this Part, means the corrosion control treatment that minimizes the lead and copper concentrations at users' taps while insuring that the treatment does not cause the water system to violate any other regulations of this Part.

91. “Order” means the whole or a part of a final disposition by the Department, whether affirmative, negative, injunctive, consent or declaratory in form, other than rulemaking but including notices of violation, compliance orders, permits, and approvals issued pursuant to the Director's authority.

92. “Owner of a public water system” means any individual, corporation, partnership, public utility, nonprofit organization, trust, unincorporated association, federal, state, county, or local government, or any agency or subdivision thereof, or any combination of the foregoing, owning any public water system, distribution system, and/or water treatment plant. In addition, the owner of the land on which the well is located, where said well is the source for a public water system, is the owner of a public water system. A person or entity who leases the land on which a well is located is not the owner of the public water system.

93. “Performance evaluation sample” means a reference sample provided to a laboratory for the purpose of demonstrating that the laboratory can successfully analyze the sample within limits of performance specified by the Director. The true value of the concentration of the reference material is unknown to the laboratory at the time of the analysis.

94. “Permit” means an authorization, or equivalent control document issued by the Director to implement the requirements of R.I. Gen. Laws Chapter 46-13.

95. “Person” means an individual, partnership, association, or corporation, or any town or city or any agency thereof, or the state or any agency thereof, or any other legal entity.

96. “Phytoplankton” means free-floating photosynthesizing microscopic organisms that inhabit almost all bodies of water, and include cyanobacteria, diatoms, green algae, and dinoflagellates.

97. “Picocurie” means “pCi” means a unit of radioactivity equal to 2.22 nuclear transformations per minute.

98. “Plant intake” means 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.

99. “Point of disinfectant application” means the point where the disinfectant is applied and water downstream of that point is not subject to recontamination by surface water runoff.

100. “Point-of-entry treatment device” or “POE” means a treatment device applied to the drinking water entering a house or building for the purpose of reducing contaminants in the drinking water distributed throughout the house or building.

101. “Point-of-use treatment device” or “POU” means a treatment device applied to a single tap used for the purpose of reducing contaminants in drinking water.

102. “Presedimentation” means 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.

103. “Public water system” or “PWS” means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals daily at least sixty (60) days out of the year. Such term includes:

a. Any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and

b. Any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.

104. “Rad” means a unit of absorbed dose equal to 100 ergs per gram in any medium. (100 rad = 1 gray)

105. “Raw water sampling point” means each source of water in use prior to any treatment, or another sampling point acceptable to the Director.

106. “Reconstructed water source” means an existing water source structure (well, intake, dam, etc.) that has been physically modified enough to have the potential to change the water quality or quantity supplying the water system. Well reconstruction includes, but is not limited to, deepening the well, installing a liner, installing or replacing a screen with one of different diameter or length, installing a pitless adapter, extending the casing, or hydrofracturing a well. Well reconstruction does not include the construction of a new well in the vicinity of an existing well. Replacing a component with one of identical composition is considered an in-kind replacement, not reconstruction.

107. “Rem” means the unit of dose equivalent from ionizing radiation to the total body or any internal organ or organ system. (100 rem = 1 sievert)

108. “Repeat compliance period” means any subsequent compliance period after the initial compliance period.

109. “Requirement” means any provision of the Act, or any rule, regulation, permit, approval, or order adopted pursuant to the Director's authority.

110. “Residual disinfectant concentration” (“C” in CT calculations) means the concentration of disinfectant measured in mg/1 in a representative sample of water.

111. “RTCR” Revised Total Coliform Rule, 40 C.F.R. Part 141 Subpart Y (effective April 1, 2016).

112. “Sanitary defect” means 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.

113. “Sanitary survey” means an on-site review of the water source (identifying sources of contamination by using the results of source water assessments where available), facilities, equipment, operation, maintenance, and monitoring compliance of a PWS for the purpose of evaluating the adequacy of such source, facilities, equipment, operation, and maintenance for producing and distributing safe drinking water.

114. “Saxitoxin” means total saxitoxin; the combination of all of the variants of the cyanotoxin saxitoxin.

115. “Seasonal system” means 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.

116. “Sedimentation” means a process for removal of solids before filtration by gravity or separation.

117. “Service line sample” means a one-liter sample of water, collected in accordance with § 1.7.7(B)(3) of this Part, that has been standing for at least six (6) hours in a service line.

118. “Significant deficiency” means defects in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the Director determines to be causing, or have potential for causing, the introduction of contamination into the water delivered to consumers.

119. “Single family structure” for the purpose of § 1.7 of this Part only, means a building constructed as a single-family residence that is currently used as either a residence or a place of business.

120. “Slow sand filtration” means a process involving passage of raw water through a bed of sand at low velocity (generally less than 0.4 m/h or 1 gal./ft2/h resulting in substantial particulate removal by physical and biological mechanisms.

121. “Small water system” for the purpose of § 1.7 of this Part only, means a water system that serves three thousand three hundred (3,300) persons or fewer.

122. “Special irrigation district” means an irrigation district in existence prior to May 18, 1994 that provides primarily agricultural service through a piped water system with only incidental residential or similar use where the system or the residential or similar users of the system if the Director determines that:

a. 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

b. 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.

123. “Special monitoring evaluation” means the procedure for performing special monitoring evaluations during sanitary surveys for groundwater systems serving one thousand (1,000) or fewer people to determine whether systems are on an appropriate monitoring schedule.

124. “Standard sample” means the aliquot of finished drinking water that is examined for the presence of coliform bacteria.

125. “Subpart H systems” means PWSs using surface water or groundwater under the direct influence of surface water as a source that are subject to the requirements of § 1.6 of this Part. These systems are also called Section 1.6 (§ 1.6) systems.

126. “Surface water” means all water which is open to the atmosphere and subject to surface runoff.

127. “SUVA” means Specific Ultraviolet Absorption at two hundred fifty-four (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 (UV 254) (in m-1) by its concentration of dissolved organic carbon (DOC) (in mg/L).

128. “System with a single service connection” means a public water system which supplies drinking water to consumers via a single service line.

129. “Too numerous to count” means that the total number of bacterial colonies exceeds two hundred (200) on a 47-mm diameter membrane filter used for coliform detection.

130. “Total organic carbon” or “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 (2) significant figures.

131. “Total trihalomethanes” or “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.

132. “Transient non-community water system” or “TNC” means a non-community water system that does not regularly serve at least twenty-five (25) of the same persons over six (6) months per year.

133. “Trihalomethane” or “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.

134. “Two-stage lime softening” means a process in which chemical addition and hardness precipitation occur in each of two distinct unit clarification processes in series prior to filtration.

135. “Uncovered finished water storage facility” means a tank, reservoir, or other facility used to store water that will undergo no further treatment to reduce microbial pathogens except residual disinfection and is directly open to the atmosphere.

136. “Virus” means a virus of fecal origin which is infectious to humans by waterborne transmission.

137. “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 appropriate local or State agency.

138. “Water purveyor” means any person who owns or operates a public water system. This person may also be designated in some US EPA documents as a “supplier of water.”

139. “Week” means a period of seven days beginning with Sunday and ending with Saturday.

140. “Weekly” means once during the period of seven days beginning with Sunday and ending with Saturday.

141. “Wellhead Protection Area” or “WHPA” means the land area contributing water to a public drinking water supply well.

142. “Wholesale system” means 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.

A. This Part applies to any PWS unless a PWS meets all of the following conditions:

1. The system consists only of distribution or storage facilities (and does not have any collection or treatment facilities);

2. The system obtains all of its water from a PWS to which this Part applies; and

3. The system does not sell water to any person.

B. General Requirements

1. No person shall develop, maintain, or operate a PWS unless said PWS is approved by the Director. Further, all PWS must be developed, operated, and maintained in accordance with the requirements and provisions of this Part in order for a PWS to maintain approval by the Director.

2. Should the Director find that a PWS is not developed, maintained, or operated in compliance with regulatory provisions, s/he may revoke, suspend, or otherwise limit the approval previously granted.

3. The Director is authorized to enter at all reasonable times in or upon any private or public property for the purpose of carrying out the provisions of this Part or making an inspection or investigation of a condition which the Director believes may be hazardous to the health of the consumers serviced by any PWS or in violation of the Regulations or orders promulgated under R.I. Gen. Laws Chapter 46-13.

C. Licensing Requirement

1. Applicability

a. Pursuant to the provisions of R.I. Gen. Laws § 46-13-2.1, no person shall operate or maintain a PWS unless the system is licensed by the Director under the provisions of this subsection.

b. Persons subject to licensure shall be assessed initial and annual renewal licensure fees in accordance with the fee schedule listed for each category of PWS in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title).

2. License Application

a. To apply for a license, a PWS shall submit a completed application to the Director on forms provided for this purpose. The application shall include all information required by this Part, as well as by the form and the accompanying instructions. Applications for a new community or non-transient non-community PWS shall include a water system management plan that demonstrates the financial, managerial, and technical capacity to comply with statutory and regulatory requirements.

b. The Director may at any time after filing of the original application require further information in order to determine whether the application should be approved or denied.

c. Each application for a PWS license shall be signed by the applicant or a person duly authorized to act on behalf of the applicant.

d. No new PWS shall be licensed until: the application has been approved, the PWS has been constructed in accordance with the approved plans and the water has been sampled and found to be in compliance with the requirements of this Part.

e. New PWS shall attend a required, in-person meeting with Department staff. The purpose of this meeting will be to provide training and information on the responsibilities and obligations for becoming a PWS. Applicants will receive comprehensive information and guidance to ensure that they are able to fulfill all regulatory requirements prior to activating the PWS.

3. License Fees

a. Pursuant to the provisions of R.I. Gen. Laws § 46-13-2.1, the Director shall grant a license to a PWS that meets the licensure requirements set forth in this Part and upon submission of the license fee as set forth in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title). Said license, unless sooner suspended or revoked, shall expire on the 30th day of June following its issuance and must be renewed from year-to-year.

4. Denial of License

a. The Director may deny an application for a license if s/he determines that the applicant has not demonstrated the ability to comply fully with the applicable requirements established by the Act and/or by this Part.

b. An applicant whose application is denied may request a hearing in accordance with the rules and regulations for Practices and Procedures Before the Rhode Island Department of Health (Part 10-05-4 of this Title).

5. Suspension or Revocation of a License

a. The Director may, for cause or for violation of this Part, suspend or revoke any license issued under this subsection. The Director may also review the current status of any license with regard to current use of the water supply and any change of use of the PWS.

6. Renewal of License

a. All licenses shall expire on the 30th day of June following its issuance except as provided in § 1.3(C)(6)(e) of this Part.

b. A renewal application must be filed with the Director by the 31st day of May of each year on forms provided for this purpose.

c. The appropriate licensing fee must accompany the renewal application.

d. Updated and complete contact information must accompany the renewal application, including names, phone numbers, address fax number and e-mail address (if available). Contact information must be updated using forms designated by the Director, in a timely manner, whenever a change occurs.

e. Renewal of a license shall be based upon: satisfactory compliance with this Part and timely submission of a renewal application and fee.

f. In any case in which a PWS not less than thirty (30) days prior to expiration of an existing license, has filed a renewal application and fee in proper form for renewal, such existing license shall not expire until final action on the application has been taken by the Director.

g. Penalties for Late Renewals

(1) Any license granted under § 1.3(C) of this Part, whose renewal, accompanied by the prescribed fee, is not filed on or before the expiration date of such license shall be automatically lapsed.

(2) The Director may, in his/her discretion and upon the payment by the license holder of the current license fee, plus an additional fee as set forth in the Rules and Regulations Pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title) reinstate any license lapsed under the provisions of § 1.3(C) of this Part.

7. Licenses shall be issued only for the PWS and persons named on the application and shall not be transferable or assignable. Existing PWS which have significant change of use of the water supply shall be reviewed and modified as deemed appropriate by the Director.

8. PWS Contact Information

a. The name, address, phone number, and email address for the owner, administrative contact, and, where applicable, designated operator for each PWS shall be provided to the Director. Each PWS must check at least one (1) of these email addresses for messages from the Director a minimum of once per day, Monday through Friday.

b. All owners of PWS shall provide to the Director emergency contact phone numbers and email addresses for the PWS which will be responded to twenty-four (24) hours a day, seven (7) days a week.

c. Any change to the provided contact information shall be reported to the Director within seventy-two (72) hours of the change being made.

d. Failure to maintain accurate and complete contact information and/or failure to reply to phone messages, mail, or email received from the Director shall be grounds for enforcement action that may result in license revocation.

A. Proposed New Water Sources

1. No source of water shall be developed for a PWS until the site plans prepared and stamped by a professional engineer or land surveyor registered in accordance with R.I. Gen. Laws Chapter 5-8 has been approved by the Director. Such plans shall also be provided in an electronic format compatible with the Department’s computer software.

2. No source of surface water shall be constructed for a PWS until proposed surface water source construction plans and specifications (including but not limited to an intake, dam, etc.) prepared and stamped by a professional engineer registered in accordance with R.I. Gen. Laws Chapter 5-8, have been approved by the Director. Such plans shall also be provided in an electronic format compatible with the Department’s computer software.

3. No source of groundwater shall be constructed for a PWS until proposed groundwater source construction (well or spring) plans and specifications prepared and stamped by a professional engineer registered in accordance with R.I. Gen. Laws Chapter 5-8 have been approved by the Director. The well construction plans and specifications shall be in accordance with §§ 1.4(L) and 1.5 of this Part. Such plans shall also be provided in an electronic format compatible with the Department’s computer software.

4. Approval of plans and specifications granted an applicant shall expire within two (2) years if construction of the approved source has not begun within that period.

5. Expired approvals may be renewed if the data provided in the application is unchanged and attested to by the applicant; and the plans conform with all construction standards and testing requirements in effect at the time of application for renewal.

B. In the case of a proposed gravel packed or gravel developed (stratified drift) well, within the area as specified below, the site plans shall show pertinent information including, but not limited to, locations of existing or proposed sewage disposal systems, and any other existing or proposed potential sources of pollution including, but not limited to, those listed in § 1.23 of this Part.

1. For proposed community or non-transient non-community wells designed to be used at a pumping rate greater than ten (10) gpm, the site plan shall contain pertinent information within two thousand (2,000) feet of the well.

2. For proposed transient non-community wells, or for wells designed to be used at a pumping rate of ten (10) gpm or less, the site plan shall contain pertinent information within one thousand seven hundred fifty (1,750) feet of the proposed well.

3. The land within four hundred (400) feet of such wells shall be reserved for protection of the water quality of the well, and shall be delineated on the site plan by a topographic mapping of the four hundred (400) foot area to an appropriate scale. This distance may be modified at the discretion of the Director taking into consideration such factors as the volume and type of waste material to be disposed or stored in close proximity to the land area reserved for protection of the well, the projected yield of the well, the depth below grade to impervious formation, the depth below grade to the water table, the type of soil in the area, or any other factors the Director deems pertinent.

C. In the case of a proposed drilled (bedrock) or driven well, within a radius dependent on the proposed pumping rate as specified in the following table “Wellhead Protection Area Radius for Bedrock Wells”, but not less than 1,750 feet, the site plan shall show pertinent information including, but not limited to, the location of existing and proposed sewage disposal systems and any other existing or proposed potential sources of pollution including but not limited to those listed in § 1.23 of this Part. Generally, the land within two hundred (200) feet of such wells shall be reserved for protection of the water quality of the well, and shall be delineated on the site plan by a topographic mapping of the two hundred (200) foot area to an appropriate scale. This distance may be modified at the discretion of the Director taking into consideration such factors as the volume and type of waste material to be disposed or stored in close proximity to the land area reserved for protection of the well, the depth below grade to impervious formation, the depth below grade to the water table, the type of soil in the area, or any other factors the Director deems pertinent.

1. Wellhead Protection Area Radius for Bedrock Wells.

2. gpm = gallons per minute. For pumping rates not provided below, the Wellhead Protection Area Radius shall be calculated using the formula below in accordance with Rhode Island Department of Environmental Management Groundwater Quality Rules:

a. Where: s = drawdown; 1 foot, Q = well pumping rate, T = transmissivity; 374 gpd/ft, S = storage coefficient; .01 (dimensionless), t = time; 200 days, W(u) = well function (dimensionless), and r = distance from pumped well. 114.6 and 1.87 are coefficients generated for conversion from metric to English units and conducting some simplifying calculations.

D. In the case of a proposed surface water source, the site plan shall show pertinent information within the entire watershed of the proposed surface water supply including, but not limited to, the location of existing and proposed sewage disposal systems and any other existing or proposed potential sources of pollution including, but not limited to, those listed in § 1.23 of this Part. The portion of the watershed owned or controlled by the water purveyor shall be clearly indicated. All surface water sources shall be provided with water treatment consisting, as a minimum, of coagulation, sedimentation, filtration, and disinfection.

E. All revisions to approved plans must be submitted to the Director for approval. The Director may require a new application and/or site plan if the revisions are deemed significant.

F. Land reserved for the protection of the well as (indicated on the plan) approved by the Director must remain under the direct control of the water supplier by either continued ownership or recorded easement unless written permission to modify this area is granted by the Director.

G. It is the responsibility of the water supplier to maintain the protective well area free from potential sources of pollution including but not limited to those listed in § 1.23 of this Part.

H. Connection to another public water supply. A new public water supply shall not be approved for use at any facility if another community public water supply is reasonably accessible to such facility as determined by the Director, and permission to connect can be obtained from the authority having jurisdiction.

I. Applications for approval of new water sources must be accompanied by an assessment of the financial viability for said PWS to maintain compliance with the requirements of this Part. The assessment shall include a discussion of operation costs including: operation, maintenance, monitoring, anticipated future improvements, debt repayment, and unforeseen emergencies or system breakdowns, and a discussion of how the necessary revenues to pay for these costs will be raised.

J. All newly constructed or reconstructed wells shall perform the following procedures and testing prior to final approval.

1. At least one (1) round of the Inorganic Chemicals listed in § 1.16.1 of this Part, the Synthetic Organic Chemicals listed in § 1.16.2(A) of this Part, and the Volatile Organic Chemicals listed in § 1.16.2(B) of this Part.

2. Disinfection, flushing, and documentation of coliform testing in accordance with § 1.21 of this Part. No well shall be placed in use until such examination discloses the absence of coliform organisms.

K. If a well is located within one hundred fifty (150) feet (for stratified drift wells) or two hundred (200) feet (for bedrock wells) of a surface water body, Microscopic Particulate Analysis (MPA) and/or additional testing may be required to evaluate if the groundwater is under the direct influence of surface water, as determined by the Director.

L. Well Construction

1. Wells shall be located in a manner to reduce the likelihood of contamination from sources of pollution at or near the ground surface in accordance with §§ 1.4(B) and (C) of this Part.

2. Well Grouting (Sealing)

a. All wells must be sealed in a manner that protects the water-bearing formations from contamination from surface runoff and subsurface contaminants. When sealing the annular space, a grout seal mixture shall be utilized which will:

(1) Provide negligible movement of potentially contaminating fluids in the annular space;

(2) Provide protection of the casing from corrosive waters;

(3) Provide support of the casing;

(4) Provide negligible shrinkage, breakage, or deterioration of the grout after placement;

(5) Prevent artesian flow in the annular space; and

(6) Not cause or allow contamination of the aquifer.

b. The grout must be placed in a continuous operation in a manner to best ensure against creating any voids, mixing with diluting or contamination fluids, or damaging the casing or the borehole.

c. In no case shall drill cuttings or drill chips be used or allowed to fill, partially fill, or fall into the required sealing interval of a well during the construction or the completion of a well.

d. When using cement grout as the sealing material in a well, it must meet one of the following requirements:

(1) Neat Cement Grout: Slurry of cement and water, with no aggregate. A mixture of Portland cement and water in the proportion of five (5) to six (6) gallons of potable water per bag (94 pounds or 1 cubic foot).

(2) Sand-Cement Grout: A mixture of cement, sand, and water in the proportion of one (1) bag (94 pounds or 1 cubic foot) of Portland cement, clean sand equal in volume to the cement, and not more than six (6) gallons of potable water.

(3) Bentonite-Cement Grout: A cement grout with unbeneficiated (without additives used to make it “high-yield”) bentonite added to a maximum content of five (5) percent. For each 1% of bentonite added, 0.65 gallons of water per bag of cement (94 pounds or 1 cubic foot) shall be added to the cement grout.

e. When using bentonite grout as the sealing method in a well, it must meet the following requirements and be mixed and added by manufacturer’s specification:

(1) High Solids Bentonite Grout: A highly plastic sodium clay defined as twenty percent (20%) solids, or greater, by weight bentonite-to-water ratio.

(2) Granular Bentonite Grout: A naturally occurring sodium bentonite clay that is crushed and sized for pouring and easy handling. When hydrated by fresh water, it will form a plastic, essentially impermeable mass.

(3) Non-Slurry Bentonite Grout: Chip, chunk and pellet bentonite varieties that are hydrated to manufacturer’s specifications, installed in incremental depths to avoid bridging, and measured frequently to confirm placement.

f. When grouting the annular space either using a tremie pipe or by pumping the grout from inside the casing, the borehole required to create the annular space shall be a minimum of three (3) inches in diameter greater than the nominal diameter of the permanent well casing.

g. Placement of bentonite chips or pellets shall be by manufacturer’s specification. The borehole required to create the annular space shall be a minimum of four (4) inches in diameter greater than the nominal diameter of the permanent well casing. Pellet, chip or chunk bentonite or any combination must be placed, hydrated, and measured frequently to confirm the grout is placed without bridging and provides a tight homogeneous seal.

h. In all cases the casing and casing seal shall extend a minimum of eighteen (18) feet below ground surface. When bedrock is present, watertight, unperforated casing shall extend and be sealed at least five (5) feet into the bedrock. A greater depth may be required at the Director’s discretion.

i. When a well is re-cased for the purpose of sealing off undesirable water or sand, a seal packer, or “Jaswell”-type seal, may be used and the annular space shall be sealed with an acceptable material in accordance with § 1.4(L)(2) of this Part.

3. The pump installation, piping arrangements, other appurtenances, and well house details at wells which serve as the source of supply for a PWS, shall meet the following requirements.

a. The line shaft bearings of turbine pumps shall be water-lubricated, except that bearings lubricated with NSF ISO 21469 certified lubricants may be permitted in wells where water-lubricated bearings are not feasible due to depth to the water.

b. The top of the well casing shall be provided with a well cap and sanitary seal. Where turbine pumps are installed, there must be appropriate appurtenances to allow for adequate seal. Where submersible pumps are installed, the top of the casing shall be provided with a watertight sanitary well cap.

c. A casing vent shall be provided. The vent shall be fitted with a screened return bend, except for wells equipped with pitless adapters or units.

d. A sampling tap shall be provided on the pump discharge line prior to tanks, treatment, or blending.

e. Piping arrangements shall include provisions for pumping the total flow from the well to waste.

f. Each well shall be equipped with a totalizer flow meter in order to measure the flow from the public water supply into the facility. The meter shall comply with the ANSI/NSF Standard 61. The measurement range on the meter shall be consistent with the flow rate(s) of the pump.

g. The ground surface around the well slab shall be graded so that drainage is away from the well.

h. The top of the well casing shall extend at least twelve (12) inches above the pump house floor or concrete slab and at least eighteen (18) inches above final ground surface. Well casings located at sites that are subject to flooding from the 500-year (0.2 percent) flood level shall extend a minimum of eighteen (18) inches above the 500-year flood level and a berm shall be provided around the well casing to the height of the 500-year flood level.

i. All wells shall be protected with a watertight, durable, non-corrodible, vented, bolted cap with a sanitary seal (gasket). The vent shall be downward facing and must be covered by a #24-mesh screen that is made of stainless steel or other non-corrodible material. Existing well caps must comply with this Part upon replacement due to well cover damage or loss of sanitary seal integrity.

j. Provisions shall be made for protecting pump controls and other above-ground appurtenances at the well head. Where a well house is installed for this purpose, it shall meet applicable building codes and shall be insulated, heated, and provided with lights, except that where the well house consists of a small removable box-like structure the requirements for lights may be waived by the Director.

k. When a well house is constructed, it must include provisions for pump removal.

4. All well forms provided by the Director shall be filled out in their entirety.

5. Well Performance Test.

a. All well performance test (“pumping test”) must be conducted, and reports prepared, by a qualified hydrogeologist or a professional engineer or well driller who is proficient in well testing and analyses and registered in accordance with R.I. Gen. Laws Chapter 5-8.

b. A yield and drawdown test shall be performed on every well after construction and development.

c. The test methods shall be clearly indicated in the project specifications.

d. The test shall provide for continuous pumping at +/- five percent (5%) of the design.

(1) For transient non-community PWS (TNC), pumping shall last for a minimum of six (6) hours but at least until drawdown has stabilized.

(2) For non-transient non-community PWS (NTNC), pumping shall last for a minimum of twelve (12) hours, for businesses that have a standard eight to twelve (8-12) hour work day, and for a minimum of twenty-four (24) hours, for businesses that are open more than twelve (12) hours, but at least until drawdown has stabilized.

(3) For community PWS (CWS), pumping shall last for a minimum of twenty-four (24) hours, for unconsolidated rock wells, and for a minimum of seventy-two (72) hours, for bedrock wells, but at least until drawdown has stabilized.

(4) Drawdown stabilization is defined for TNC as a water level change of less than two inches over six hours and for NTNC and CWS as a change of less than 0.04 ft. over twenty-four (24) hours.

(5) If drawdown stabilization is not achieved, a semi-log plot extrapolation of the time-drawdown curve derived from the performance test and projected over a one hundred eighty (180) day period must be provided.

e. The following data shall be submitted to the Director.

(1) Test pump capacity-head characteristics.

(2) Static water level, determined when there is less than one (1) foot difference between two (2) consecutive water level measurements taken a minimum of sixty (60) minutes apart.

(3) Depth of test pump setting.

(4) Time of starting and ending each test cycle.

f. A report shall be submitted which provides recordings and graphic evaluation of the following.

(1) Pumping rate measured every fifteen (15) minutes for the first two (2) hours and at least one (1) hour intervals thereafter as required by the Director.

(2) Pumping water level measured just before pumping begins, after pumping starts at least every five (5) minutes for the first hour, and at least once every hour thereafter measured to the nearest 0.1 foot (approximately 3 cm).

(3) Water recovery rate and levels, starting immediately upon shutdown of the test pump and taken at time intervals specified in § 1.4(L)(5)(f)(2) of this Part until water levels in the well have recovered to within ninety (90) percent of the static water level.

(4) An evaluation of the data using standard published methodologies and certification that it meets the requirements.

g. Withdrawn water shall be conveyed away from the test well and any observation wells. If there is a potential for local recharge for the well being tested, the water shall be conveyed beyond the anticipated final limits of drawdown to prevent recirculation of discharged water.

h. Construction of new dug wells is not permitted.

i. Except as otherwise provided in § 1.4(L) of this Part, wells shall be constructed in accordance with the general standards for the construction and maintenance of water wells in the most recent editions of: (Ten State Standards) Recommended Standards for Water Works: Policies for Review and Approval of Plans and Specifications for Public Water Supplies ; the American Water Works Association (AWWA) Standards; American National Standards Institute/NSF International standards, specifically ANSI/NSF Standard 60 and ANSI/NSF Standard 61; and the National Groundwater Association (NGWA) ANSI/NGWA-01-14 Water Well Construction Standard where applicable.

M. Approval of Reconstructed Water Sources

1. Proposed Reconstructed Water Sources

a. No source of surface water shall be reconstructed for a PWS until proposed surface water source reconstruction plans (including but not limited to an intake, dam, etc.) prepared by a professional engineer registered in accordance with R.I. Gen. Laws Chapter 5-8 has been approved by the Director. Such plans shall also be provided in electronic format.

b. No source of groundwater shall be reconstructed for a PWS until proposed groundwater source reconstruction (well or spring) plans prepared by a professional engineer registered in accordance with R.I. Gen. Laws Chapter 5-8 has been approved by the Director. The well construction plans shall contain proposed specifications in accordance with § 1.4(L) of this Part. Such plans shall also be provided in electronic format.

c. Approval of plans and specifications granted an applicant shall expire within two (2) years if construction of the approved source has not begun within that period.

d. Expired approvals may be renewed if the data provided in the application is unchanged and attested to by the applicant; and the plans conform with all construction standards and testing requirements in effect at the time of application for renewal.

2. All revisions to approved plans must be submitted to the Director for approval. The Director may require a new application if the revisions are deemed significant.

3. All well forms provided by the Director shall be filled out in their entirety.

4. The Director may require compliance with the sampling requirements of § 1.4(J) of this Part and the performance test requirements of § 1.4(L)(5) of this Part for reconstructed wells.

5. Reconstruction or reconditioning of existing dug wells must be pre-approved by the Director.

6. Well Abandonment and Decommissioning

a. Decommissioning of abandoned wells shall take place within sixty (60) days after use has been permanently terminated or within a timeframe approved by the Director.

b. The abandoned well shall be inspected from the land surface through its entire depth before it is sealed, to ensure against the presence of any obstructions that will interfere with sealing operations. If an obstruction is encountered, the obstruction shall be removed.

c. If the well was constructed and installed per § 1.4(L) of this Part, is open to its original depth, and is undamaged, the casing/liner may be left in place. When the original well construction is not known, has been damaged, or has not been installed per § 1.4(L) of this Part, the casing/liner shall be removed. Where casing/liner removal is not possible, it shall be ripped or perforated from top to bottom to allow the sealant to penetrate the annular space and formation to facilitate proper sealing in accordance with § 1.4(L)(2) of this Part.

d. The well sealant shall be composed of any grout from § 1.4(L)(2) of this Part. Alternative materials, such as disinfected fill, may be allowed in some cases, such as for dug wells, subject to the prior approval of the Director.

e. The well sealant shall be emplaced in accordance with § 1.4(L)(2) of this Part from the original depth to the surface. Alternative methods, such as disinfected fill, may be allowed in some cases, such as for dug wells, subject to the prior approval of the Director.

f. If the well casing remains in the ground, the casing shall be cut off below ground level to a depth not to interfere with land use.

g. The well location and abandonment procedures shall be documented on well forms provided by the Director, including materials used in decommissioning, method of placement, volume, and description.

A. No new water treatment works or water storage or pumping facilities shall be constructed or such existing works or facilities substantially altered until design plans, engineering calculations, pumping test data, water quality testing results, component specifications, and any other information necessary to demonstrate compliance with this Part, prepared by a professional engineer registered in accordance with R.I. Gen. Laws Chapter 5-8, and a plan for operation and maintenance, have been approved by the Director. Such plans shall also be provided in electronic format compatible with the Department’s computer software. The design of water treatment works, water storage or water pumping facilities should reflect the guidance contained in Recommended Standards for Water Works: Policies for the Review and Approval of Plans and Specifications for Public Water Supplies, incorporated by reference in § 1.24(A) of this Part, where applicable. These facilities shall also be installed and constructed in accordance with applicable American Water Works Association (AWWA) Standards with reference to materials used and construction procedures to be followed. Exceptions from this requirement may be granted by the Director.

1. Any chemical or substance added to a public water supply, any materials used in the manufacture of public water supply components or appurtenances, or any pipe, storage tank, valve, fixture or other materials which come in contact with water intended for use in a public water supply shall meet American National Standards Institute/NSF International standards, specifically ANSI/NSF Standard 60 (most recent edition) and ANSI/NSF Standard 61 (most recent edition) which are hereby adopted by reference.

2. Only products which meet the standards adopted in or pursuant to this Section shall be used by a supplier of water in a public water supply. Certification that a product meets the standards adopted pursuant to this Section by an organization having a third-party certification program accredited by American National Standards Institute, the American Association for Laboratory Accreditation, or the International Accreditation Service, Inc. or equivalent to test and certify products shall be prima facie evidence that a product meets the standards.

3. NSF Standards have also been developed for certain Drinking Water Treatment Units. Units meeting these criteria may be considered for approval, if deemed appropriate by the Director.

B. All new or substantially renovated infrastructure subject to approval by this part shall avoid or be elevated above the 500-year flood elevation as delineated by the Federal Emergency Management Agency. Where it is not feasible to avoid nor elevate above the 500-year flood elevation, then the facility shall be elevated to the maximum extent feasible and flood proofed. Flood proofing includes: use of sealants and membranes to prevent the entrance of flood water into the structure through the walls, watertight shields over doors and windows, and other measures to restrict water ingress or damage caused by immersion. The Director must approve the determination that it is not feasible to avoid or elevate above the 500-year flood elevation.

C. Uncovered finished water storage facilities are prohibited.

D. All newly constructed PWS or additions to existing PWS shall be flushed, adequately disinfected, and the water examined for the presence of coliform organisms in accordance with § 1.21 of this Part. No PWS shall be placed in use until such examination discloses the absence of coliform organisms. Any newly constructed or recoated water storage tank shall be tested for volatile organic compounds (VOCs) prior to being put into service. If VOCs reported are above the laboratory detection limit and/or background source limit, the PWS shall flush and/or drain the tank, refill, and analyze for VOCs until such time as the concentrations reported are below the laboratory detection limit. An alternative to refilling and retesting shall be to submit documentation acceptable to the Director that the tank coating was NSF Standard 61 approved, was mixed properly and has cured properly. Any waste water resulting from disinfection must be disposed of in accordance with applicable Federal, State, and Local regulations, and with the proper permits.

E. All revisions to approved plans must be submitted to the Director for approval. The Director may require a new application and/or site plan if the revisions are deemed significant.

F. Use of Non-Centralized Treatment Devices

1. Criteria and procedures for PWS using point-of-entry devices.

a. PWS may use point-of-entry devices to comply with maximum contaminant levels only if they meet the requirements of this Section and are approved by the Director.

b. It is the responsibility of the PWS to operate and maintain the point-of-entry treatment system.

c. The PWS must develop and obtain the Director's approval for a monitoring plan before point-of-entry devices are installed for compliance. Under the plan approved by the Director, point-of-entry devices must provide health protection equivalent to central water treatment. “Equivalent” means that the water would meet all MCLs and would be of acceptable quality similar to water distributed by a well-operated central treatment plant. In addition to the VOCs, monitoring must include physical measurements and observations such as total flow treated and mechanical condition of the treatment equipment.

d. Effective technology must be properly applied under a plan approved by the Director and the microbiological safety of the water must be maintained.

(1) Adequate certification of performance and field testing must be provided as required by the Director.

(2) NSF Standards have been developed for certain point of entry and point of use treatment systems. Certification of compliance with these standards shall be considered adequate certification of performance. Units meeting these standards may be considered for approval, if deemed appropriate by the Director.

(3) The design and application of the point-of-entry devices must consider the tendency for increase in heterotrophic bacteria concentrations in water treated with activated carbon. It may be necessary to use frequent backwashing, post-contractor disinfection, and Heterotrophic Plate Count monitoring to ensure that the microbiological safety of the water is not compromised.

e. All consumers shall be protected. Every building connected to the PWS must have a point- of-entry device installed, maintained, and adequately monitored. The Director must be assured that every building is subject to treatment and monitoring, and that the rights and responsibilities of the PWS customer convey with title upon sale of property.

G. Use of Bottled Water or Point of Use Treatment Devices. PWS shall not use bottled water or point-of-use devices to achieve compliance with an MCL. Bottled water or point-of-use devices may be used on a temporary basis to avoid an unreasonable risk to health, and only with prior approval of the Director.

1. Where bottled water is used, the PWS is fully responsible for the provision of sufficient quantities of bottled water to every person supplied by the PWS. The PWS must use an approved bottled water supply.

2. Where a point of use device is used, it must comply with the requirements of § 1.5(F) of this Part.

1.6.1 General Requirements

A. The requirements of this Section constitute Rhode Island’s primary drinking water regulations. This Part establishes criteria under which filtration is required as a treatment technique for PWS supplied by a surface water source, or a groundwater source under the direct influence of surface water also referred to as § 1.6 PWS. This Part establishes treatment technique requirements in lieu of maximum contaminant levels for the following contaminants: Giardia lamblia, viruses, heterotrophic plate count bacteria, Legionella, Cryptosporidium, and turbidity. Each § 1.6 PWS must provide treatment of that source water that complies with these treatment technique requirements.

B. 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 PWS, or Cryptosporidium control under the watershed control plan for unfiltered PWS.

4. Compliance with the profiling and benchmark requirements under the provisions of § 1.6.3(G) of this Part.

C. A § 1.6 PWS is considered to be in compliance with the requirements of § 1.6.1(B) of this Part, if:

1. It meets the requirements for avoiding filtration in § 1.6.2 of this Part and the disinfection requirements in § 1.6.3 of this Part; OR

2. It meets the filtration requirements in § 1.6.4 of this Part and the disinfection requirements in § 1.6.3 of this Part.

D. Each § 1.6 PWS must be operated by qualified personnel who meet the requirements of the Rules and Regulations Pertaining to the Certification of Public Drinking Water Treatment and Transmission and Distribution Operators promulgated pursuant to the authority set forth in R.I. Gen. Laws Chapter 23-65.

E. § 1.6 PWS that served fewer than ten thousand (10,000) people beginning January 1, 2002 but currently serve or will serve at least ten thousand (10,000) people before January 1, 2005 must comply with all the requirements listed in this Filtration and Disinfection Document for PWSs serving at least ten thousand (10,000) people as soon as those PWS begin serving at least ten thousand (10,000) people. These PWS must also consult with the Director to establish a disinfection benchmark. If a significant change is made to the disinfection practice, these PWS must consult with the Director prior to making such change as stated in § 1.6.3(G)(4) including, but not limited to, §§ 1.6.3(G)(4)(a)((1)) through ((4)) of this Part.

F. Recycle Provisions: All § 1.6 PWS 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 §§ 1.6.1(F)(1) and 1.6.8(D) of this Part.

1. Treatment Technique Requirement. Any PWS that recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes must return these flows through the processes of a PWS's existing conventional or direct filtration system as defined in 40 C.F.R. § 141.2 or at an alternate location approved by the Director.

1.6.2 Criteria for Avoiding Filtration

A. A PWS that uses a surface water source must meet all of the conditions of §§ 1.6.2(D) and (E) of this Part and is subject to § 1.6.2(F) of this Part unless the Director has determined in writing that filtration is required.

B. A PWS that uses a groundwater source under the direct influence of surface water must meet all of the conditions of §§ 1.6.2(D) and (E) of this Part and is subject to § 1.6.2(F) of this Part, eighteen (18) months after the Director determines that it is under the direct influence of surface water, unless the Director has determined in writing that filtration is required.

C. Within eighteen (18) months of the failure of a PWS using surface water or a groundwater source under the direct influence of surface water to meet any one (1) of the requirements of §§ 1.6.2(D) or (E) of this Part, the PWS must have installed filtration and meet the criteria for filtered systems specified in § 1.6.4 of this Part.

D. Source Water Quality Conditions:

1. The fecal coliform concentration must be equal to or less than 20/100ml or the total coliform concentration must be equal to or less than 100/100 ml (measured as specified in § 1.21 of this Part) in representative samples of the source water immediately prior to the first or only point of disinfectant application in at least ninety (90) percent of the samples taken for the six (6) previous months that the PWS served water to the public on an ongoing basis.

2. If a PWS measures both fecal and total coliforms, the fecal coliform criterion, but not the total coliform criterion, must be met.

3. The turbidity level cannot exceed 5 NTU (measured as specified in § 1.21 of this Part) in representative samples of the source water immediately prior to the first or only point of disinfectant application.

E. Site Specific Conditions:

1. Compliance

a. The PWS must meet the requirements of § 1.6.3(E)(1) of this Part, at least eleven (11) of the twelve (12) previous months that the PWS served water to the public on an ongoing basis.

b. The PWS must meet the requirements of § 1.6.3(E)(2) and (3) of this Part, at all times the PWS serves water to the public.

c. The PWS must meet the requirements of § 1.6.3(E)(4) of this Part, on an ongoing basis.

2. The PWS must maintain a watershed control program which minimizes the potential for contamination by Giardia lamblia cysts, Cryptosporidium oocysts and viruses in the source water. During the onsite inspection (discussed in § 1.6.2(F)(3) of this Part), the adequacy of a watershed control program will be determined by the Director. The adequacy of a program to limit potential contamination by Giardia lamblia cysts, Cryptosporidium oocysts, and viruses must include, but not be limited to, the following measures:

a. The comprehensiveness of the watershed review;

b. The effectiveness of the PWS's program to monitor and control detrimental activities occurring in the watershed; and

c. The extent to which the PWS has maximized land ownership and/or controlled land use within the watershed. At a minimum, the watershed control program must:

(1) Characterize the watershed hydrology and land ownership;

(2) Identify watershed characteristics and activities which may have an adverse effect on source water quality; and

(3) Monitor the occurrence of activities which may have an adverse effect on source water quality.

d. The PWS must demonstrate through ownership and/or written agreements with landowners within the watershed that it can control all human activities which may have an adverse impact on the microbiological quality of the source water.

e. The PWS must submit an annual report to the Director that identifies any special concerns about the watershed and how they are being handled; describes activities in the watershed that affect water quality; and projects what adverse activities are expected to occur in the future and describes how the PWS expects to address them. Approved watershed protection plans or wellhead protection plans may be used to the extent that they are applicable.

3. The PWS must be subject to an annual on-site inspection to assess the watershed control program and disinfection treatment process. A report of the on-site inspection summarizing all findings must be prepared every year. The on-site inspection must indicate to the Director's satisfaction that the watershed control program and disinfection treatment process are adequately designed and maintained. The on-site inspection will include but not be limited to:

a. A review of the effectiveness of the watershed control program;

b. A review of the physical condition of the source intake and how well it is protected;

c. A review of the PWS's equipment maintenance program to ensure there is low probability for failure of the disinfection process;

d. An inspection of the disinfection equipment for physical deterioration;

e. A review of operating procedures;

f. A review of data records to ensure that all required tests are being conducted and recorded and disinfection is effectively practiced; and

g. Identification of any improvements which are needed in the equipment, PWS maintenance and operation, or data collection.

4. The PWS must not have been identified as a source of a waterborne disease outbreak, or if it has been so identified, the PWS must have been modified sufficiently to prevent another such occurrence as determined by the Director.

5. The PWS must comply with the maximum contaminant level (MCL) for total coliforms in §§ 1.16.4 and 1.17.1 of this Part at least eleven (11) of the twelve (12) previous months that the PWS served water to the public on an ongoing basis, unless the Director determines that failure to meet this requirement was not caused by a deficiency in treatment of the source water.

6. All § 1.6 PWS of this Part must comply with the requirements for total trihalomethanes, haloacetic acids (five), bromate, chlorite, chlorine, chloramines, and chlorine dioxide in § 1.8 of this Part.

F. Treatment Technique Violations

1. A PWS that fails to meet any one (1) of the criteria in §§ 1.6.2(E) or (F) of this Part, or for which the Director has determined that filtration is required in writing and fails to install filtration by the date specified is in violation.

2. A PWS that has not installed filtration is in violation of a treatment technique requirement if:

a. the turbidity level in a representative sample of the source water immediately prior to the first or only point of disinfection application exceeds 5 NTU; or

b. the PWS is identified as a source of a waterborne disease outbreak.

1.6.3 Disinfection

A. A PWS that uses a surface water source and does not provide filtration treatment must provide the disinfection treatment specified in § 1.6.3(E) of this Part unless the Director determines that filtration is required in writing.

B. A PWS that uses a groundwater source under the direct influence of surface water and does not provide filtration treatment must provide disinfection treatment specified in § 1.6.3(E) of this Part eighteen (18) months after the Director determines that the groundwater source is under the influence of surface water, unless the Director has determined that filtration is required in writing.

C. If the Director has determined that filtration is required, the PWS must comply with any interim disinfection requirements the Director deems necessary before filtration is installed. A PWS that uses a surface water source that provides filtration treatment must provide the disinfection treatment specified in § 1.6.3(F) of this Part beginning June 29, 1993 or beginning when filtration is installed, whichever is later.

D. A PWS that uses a groundwater source under the direct influence of surface water and provides filtration treatment must provide disinfection treatment as specified in § 1.6.3(F) of this Part, beginning when filtration is installed. Failure to meet any requirement of this Section is a treatment technique violation.

E. Disinfection Requirements for PWS That Do Not Provide Filtration

1. The disinfection treatment must be sufficient to ensure at least 99.9 percent (3-log) inactivation of Giardia lamblia cysts and 99.99 percent (4-log) inactivation of viruses, every day the PWS serves water to the public, except any one (1) day each month. Each day a PWS serves water to the public, the PWS must calculate the CT value(s) from the PWS's treatment parameters, using the procedure specified in §§ 1.6.6(A)(3) and (4) of this Part, and determine whether this value is sufficient to achieve the specified inactivation rates for Giardia lamblia cysts and viruses.

a. If a PWS uses a disinfectant other than chlorine, the PWS may demonstrate to the Director, through the use of a protocol approved by the Director for on-site disinfection challenge studies or other information satisfactory to the Director, that the CT99.9 values other than those specified in Tables 2.1 and 3.1 in § 1.6.8 of this Part, or other operational parameters are adequate to demonstrate that the PWS is achieving minimum inactivation rates required by § 1.6.3(E)(1) of this Part.

2. The disinfection system must have either:

a. Redundant components, including an auxiliary power supply with automatic start-up and alarm to ensure that disinfectant application is maintained continuously while water is being delivered to the distribution system; or

b. Automatic shut-off of delivery of water to the distribution system whenever there is less than 0.2 mg/L of residual disinfectant concentration in the water.

(1) If the Director determines that automatic shut-off would cause unreasonable risk to health or interfere with fire protection, the PWS must comply with § 1.6.3(E)(2)(a) of this Part.

3. The residual disinfectant concentration in the water entering the distribution system measured as specified in § 1.6.5 of this Part, cannot be less than 0.2 mg/L, measured as free chlorine, for more than four (4) hours.

4. The residual disinfectant concentration in the distribution system, measured as total chlorine, combined chlorine or chlorine dioxide as specified in § 1.6.5 of this Part, cannot be undetectable in more than five (5) percent of the samples each month, for any two (2) consecutive months that the PWS serves water to the public.

a. Water in the distribution system with a heterotrophic bacteria concentration less than or equal to 500/ml measured as heterotrophic plate count (HPC) as specified in § 1.6.5 of this Part, is deemed to have a detectable disinfectant residual for purposes of determining compliance with this requirement. Thus, the value “V” in the following formula cannot exceed 5 percent in one (1) month for any two (2) consecutive months:

F. Disinfection Requirements for PWS Which Provide Filtration. Each PWS that provides filtration treatment must provide disinfection treatment as follows:

1. The disinfection treatment must be sufficient to ensure that the total treatment processes of that system achieve at least 99.9 percent (3-log) inactivation and/or removal of Giardia lamblia cysts and at least 99.99 percent (4-log) inactivation and/or removal of viruses as determined by the Director every day the PWS serves water to the public, except any one (1) day each month. At least 0.5 log (68.4 percent) must be achieved by chemical disinfection. Each day a PWS serves water to the public, the PWS must calculate the CT value(s) from the PWS’s treatment parameters, using the procedure specified in § 1.6.6(A)(3) and (4) of this Part and determine whether this value is sufficient to achieve the specified inactivation rates for Giardia lamblia cysts and viruses. In lieu of Tables 1.1-1.6, 2.1, and 3.1 in § 1.6.8 of this Part for 99.9 percent inactivation, Tables C-1 through C-13 of the 1999 EPA Disinfection Profiling and Benchmarking Guidance Manual may be used for different percent inactivation requirements such as 68.4 percent (0.5-log).

a. If a PWS uses a disinfectant other than chlorine, the PWS may demonstrate to the Director, through the use of a protocol approved by the Director for on-site disinfection challenge studies or other information satisfactory to the Director, that the CT99.9 values other than those specified in Tables 2.1 and 3.1 in § 1.6.8 of this Part or other operational parameters are adequate to demonstrate that the PWS is achieving minimum inactivation rates required by § 1.6.3(F)(1) of this Part.

2. The disinfection system must have either:

a. Redundant components, including an auxiliary power supply with automatic start-up and alarm to ensure that disinfectant application is maintained continuously while water is being delivered to the distribution system; or

b. Automatic shut-off of delivery of water to the distribution system whenever there is less than 0.2 mg/L of residual disinfectant concentration in the water.

(1) If the Director determines that automatic shut-off would cause unreasonable risk to health or interfere with fire protection, the system must comply with § 1.6.3(F)(2)(a) of this Part.

3. The residual disinfectant concentration in the water entering the distribution system measured as specified in § 1.6.5 of this Part, cannot be less than 0.2 mg/L, measured as free chlorine, for more than four (4) hours.

4. The residual disinfectant concentration in the distribution system, measured as total chlorine, combined chlorine, or chlorine dioxide, as specified in § 1.6.5 of this Part, cannot be undetectable in more than five (5) percent of the samples each month, for any two (2) consecutive months that the PWS serves water to the public.

a. Water in the distribution system with a heterotrophic bacteria concentration less than or equal to 500/ml, measured as heterotrophic plate count (HPC) as specified in § 1.6.5 of this Part, is deemed to have a detectable disinfectant residual for purposes of determining compliance with this requirement. Thus, the value of “V” cannot exceed five (5) percent in one (1) month for any two (2) consecutive months. [See formula in § 1.6.3(E)(4) of this Part].

G. Disinfection Profiling and Benchmarking

1. A § 1.6 community or non-transient, non-community PWS that serves fewer than ten thousand (10,000) people must develop a disinfection profile, a graphical representation of a PWS's level of Giardia lamblia or virus inactivation measured during the course of a year, under the provisions of §§ 1.6.3(G)(1), (2) and (3) of this Part, unless the Director determines that it is unnecessary. At the Director’s discretion, a § 1.6 PWS that serves at least ten thousand (10,000) people may also be required to develop a disinfection profile. If the Director requires a PWS serving at least ten thousand (10,000) people to develop a profile, the Director shall specify procedures for developing that profile.

a. The Director may only determine that a PWS's profile is unnecessary if a PWS's TTHM and HAA5 levels are below 0.064 mg/L and 0.048 mg/L, respectively.

b. If TTHM and HAA5 levels are greater than or equal to 0.064mg/L or greater than or equal to 0.048 mg/L, respectively, the PWS must comply with § 1.6.3(G)(2)(a) of this Part.

c. To determine these levels, TTHM and HAA5 samples must be collected during the month with the warmest water temperature, and at the point of maximum residence time in the distribution system.

2. Disinfection Profile Criteria

a. Any § 1.6 PWS serving fewer than ten thousand (10,000) people that meets the criteria in § 1.6.3(G)(1)(b) of this Part must develop a disinfection profile of its disinfection practice for a period of up to one (1) year. The Director may approve the use of a more representative data set for disinfection profiling than the data set required under §§ 1.6.3(G)(2)(a)((1)) and (G)(3) of this Part.

(1) PWS must collect data for several parameters from the plant, specified in § 1.6.3(G)(2)(a)((1))((AA)) through ((DD)) of this Part, once per week on the same calendar day over twelve (12) consecutive calendar months to determine the total logs of inactivation for each day of operation, based on the CT99.9 values in Tables 1.1-1.6, 2.1 and 3.1 in § 1.6.8 of this Part, as appropriate, through the entire treatment plant. PWS serving between five hundred (500) and nine hundred ninety-nine (9,999) persons must begin to collect data no later than July 1, 2003. PWS serving fewer than five hundred (500) persons must begin to collect data no later than January 1, 2004. The PWS must monitor the parameters listed in §§ 1.6.3(G)(2)(a)((1))((AA)) through ((DD)) of this Part, necessary to determine the total inactivation ratio, using analytical methods in §§ 1.6.5 and 1.21 of this Part.

(AA) The temperature of the disinfected water at each residual disinfectant concentration sampling point during peak hourly flow;

(BB) If the PWS uses chlorine, the pH of the disinfected water at each chlorine residual disinfectant concentration sampling point during peak hourly flow;

(CC) The disinfectant contact time(s) (“T”) during peak hourly flow; and

(DD) The residual disinfectant concentration(s) (“C”) of the water before or at the first customer and prior to each additional point of disinfection during peak hourly flow.

(2) PWS must use this data to calculate the inactivation ratios as discussed in §§ 1.6.6(A)(4)(a) and (b) of this Part. As a minimum, the PWS with a single point of disinfectant application prior to entrance to the distribution system must calculate the inactivation ratio as discussed in § 1.6.6(A)(4)(a) of this Part. A PWS with more than one (1) point of disinfectant application or measures disinfectant residuals at more than one (1) location must calculate the inactivation ratio as discussed in § 1.6.6(A)(4)(b) of this Part for each disinfection segment.

(3) Weekly log inactivations are calculated by multiplying the CTcalc/CT99.9 ratio across the entire treatment train by 3.

(4) PWS must use these weekly log inactivations to develop a disinfection profile as specified in § 1.6.3(G)(3)(a) of this Part.

3. Developing a Disinfection Profile

a. Each log inactivation serves as a data point in your disinfection profile. PWS serving fewer than ten thousand (10,000) people will have obtained fifty-two (52) measurements (one (1) for every week of the year). The PWS and the Director will evaluate how microbial inactivation varied over the course of the year by looking at all fifty-two (52) measurements (the Disinfection Profile). PWS must retain the Disinfection Profile data in graphic form, such as a spreadsheet, which must be available for review by the Director as part of a sanitary survey. PWS must use this data to calculate a benchmark if the PWS is considering changes to disinfection practices.

b. A PWS that uses chloramines, ozone or chlorine dioxide for primary disinfection must also calculate the logs of inactivation for viruses and develop an additional disinfection profile for viruses using a method approved by the Director.

4. Disinfection Benchmark

a. A § 1.6 PWS serving less than ten thousand (10,000) people that is required to develop a disinfection profile under the provisions of § 1.6.3(G)(1) of this Part, must develop a Disinfection Benchmark as described in §§ 1.6.3(G)(4)(c) and (d) of this Part and provide the benchmark to the Director if the PWS decides to make a significant change to its disinfection practice. A § 1.6 PWS serving at least ten thousand (10,000) people that is required to develop a disinfection profile under the provisions of § 1.6.3(G)(1) of this Part, must develop a Disinfection Benchmark using procedures specified by the Director if the PWS decides to make a significant change to its disinfection practice. All PWS must consult with the Director for approval prior to making such changes. Significant changes to disinfection practice are:

(1) Changes to the point of disinfection;

(2) Changes to the disinfectant(s) used in the treatment plant;

(3) Changes to the disinfection process; and

(4) Any other modification identified by the Director.

b. PWS must submit the following information to the Director as part of the consultation and approval process:

(1) A description of the proposed change;

(2) The disinfection profile for Giardia lamblia (and, if necessary, viruses) and disinfection benchmark;

(3) An analysis of how the proposed change will affect the current levels of disinfection; and

(4) Any additional information requested by the Director.

c. Any PWS that is modifying its disinfection practice must calculate its disinfection benchmark using the procedures specified in §§ 1.6.3(G)(4)(c)((1)) through ((2)) of this Part.

(1) For one (1) year of profiling data collected weekly and calculated under §§ 1.6.3(G)(2) and (3) of this Part, the PWS must determine the lowest average monthly Giardia lamblia inactivation for one (1) year. The PWS must determine the average Giardia lamblia inactivation for each calendar month by dividing the sum of all Giardia lamblia inactivations for that month by the number of values calculated for that month.

(2) The disinfection benchmark value is the lowest monthly average value out of twelve (12) values of Giardia lamblia inactivation in one (1) year of profiling data.

d. A PWS that uses chloramines, ozone or chlorine dioxide for primary disinfection must calculate the disinfection benchmark from the data collected for viruses to develop the disinfection profile in addition to the Giardia lamblia disinfection benchmark calculated under § 1.6.3(G)(4)(c) of this Part. This viral benchmark must be approved by the Director and must be calculated in the same manner used to calculate the Giardia lamblia disinfection benchmark in § 1.6.3(G)(4)(c) of this Part.

1.6.4 Filtration

A. A § 1.6 PWS that does not meet all of the criteria in § 1.6.2 of this Part for avoiding filtration, must provide treatment consisting of both disinfection, as specified in § 1.6.3(F) of this Part and filtration treatment which complies with the requirements of § 1.6.4 of this Part within eighteen (18) months of the failure to meet any one (1) of the criteria for avoiding filtration. Failure to meet any requirement of this Section by the date specified in § 1.6.4(A) of this Part, shall constitute a treatment technique violation.

B. Conventional Filtration Treatment or Direct Filtration:

1. PWS that use conventional filtration or direct filtration that do not meet all of the criteria listed in 40 C.F.R. § 141.71 for avoiding filtration must meet the turbidity requirements listed in §§ 1.6.4(B)(1)(a), (b) and (c) of this Part below:

a. The turbidity level of representative samples of a PWS's filtered water must be less than or equal to 0.3 NTU in at least ninety-five (95) percent of the measurements taken each month, measured as specified in §§ 1.6.5 and 1.6.7 of this Part. Monthly reporting must be completed according to § 1.6.8 of this Part.

b. The turbidity level of representative samples of a PWS's filtered water must at no time exceed one (1) NTU, measured as specified in §§ 1.6.5 and 1.6.7 of this Part. Monthly reporting must be completed according to § 1.6.8 of this Part.

c. A PWS that uses lime softening may acidify representative combined filter effluent turbidity samples prior to analysis using a protocol approved by the Director.

C. Slow Sand Filtration.

1. For PWS using slow sand filtration, the turbidity level of representative samples of a PWS's filtered water must be less than or equal to one (1) NTU in at least ninety-five percent (95%) of the measurements taken each month, measured as specified in § 1.6.5 of this Part.

2. The turbidity level of representative samples of a PWS's filtered water must at no time exceed five (5) NTU measured as specified in § 1.6.5 of this Part.

D. Diatomaceous Earth Filtration.

1. For PWS using diatomaceous earth filtration, the turbidity level of representative samples of a PWS's filtered water must be less than or equal to one (1) NTU in at least ninety-five percent (95%) of the measurements taken each month, measured as specified in § 1.6.5 of this Part.

2. The turbidity level of representative samples of a PWS's filtered water must at no time exceed five (5) NTU, measured as specified in § 1.6.5 of this Part.

E. Other Filtration Technologies. A PWS may use a filtration technology not listed in 40 C.F.R. § 141.73 or § 1.6.4 of this Part, if it demonstrates to the Director, using pilot plant studies or other means, that the alternative filtration technology, in combination with disinfection treatment that meets the requirements of 40 C.F.R. §§ 141.72 and 141.73, consistently achieves ninety-nine percent (99%) removal of Cryptosporidium oocysts, 99.9 percent removal and/or inactivation of Giardia lamblia cysts and 99.99 percent removal and/or inactivation of viruses. Upon completion of the demonstration, the Director will determine the 95th percentile turbidity value (not to exceed one (1) NTU) and the maximum turbidity value (not to exceed five (5) NTU) based on the demonstration.

1.6.5 Analytical Monitoring Requirements

A. Only the analytical method(s) specified in this Section, or otherwise approved by the Director, may be used to demonstrate compliance with the requirements of §§ 1.6.2, 1.6.3, or 1.6.4 of this Part.

1. Measurements for pH, temperature, turbidity, and residual disinfectant concentrations must be conducted by a party approved by the Director.

2. Measurements for total coliforms, fecal coliforms and HPC must be conducted by a laboratory certified by the Director or EPA to do such analysis.

B. The following procedures shall be performed in accordance with the methods listed.

1. Fecal Coliform/E. Coli Concentration Method, as set forth in § 1.21 of this Part.

2. Total Coliform Concentration, as set forth in § 1.21 of this Part.

3. Heterotrophic Plate Count, as set forth in § 1.21 of this Part.

4. Turbidity, as set forth in § 1.21 of this Part.

5. Residual Disinfectant Concentration, as set forth in § 1.21 of this Part.

6. Temperature, as set forth in § 1.21 of this Part.

7. pH, as set forth in § 1.21 of this Part.

8. Minimal Medium ONPG-MUG method for simultaneous enumeration of total coliform and E. Coli as set forth in § 1.21 of this Part.

9. Indigo Method for determination of Ozone in water, as set forth in § 1.21 of this Part.

1.6.6 Monitoring Requirements for PWSs That Do Not Provide Filtration

A. A PWS that uses a surface water source and does not provide filtration treatment must begin monitoring, as specified in this Section, unless the Director has determined that filtration is required in writing, in which case the Director may specify alternative monitoring requirements, until filtration is in place. A PWS that uses a groundwater source under the direct influence of surface water and does not provide filtration treatment must begin monitoring as specified in this Section six (6) months after the Director determines that the groundwater source is under the direct influence of surface water, unless the Director has determined that filtration is required in writing.

1. Fecal coliform or total coliform density measurements, as required by § 1.6.2(E) of this Part, must be performed on representative source water samples immediately prior to the first or only point of disinfectant application. The PWS must sample for fecal or total coliforms at the following minimum frequency each week the PWS serves water to the public:

a. Also, one (1) fecal or total coliform density measurement must be made every day the PWS serves water to the public and the turbidity of the source water exceeds 1 NTU (these samples count toward the weekly coliform sampling requirement,) unless the Director determines that the PWS for logistical reasons outside the PWS’s control cannot have the sample analyzed within thirty (30) hours of collection.

2. Turbidity measurements as required by § 1.6.2(D)(3) of this Part must be performed on representative grab samples of source water immediately prior to the first or only point of disinfectant application every four (4) hours (or more frequently) that the PWS serves water to the public. A PWS may substitute continuous turbidity monitoring for grab sample monitoring if it validates the continuous measurement for accuracy on a regular basis using procedures specified by the manufacturer, but no less frequently than every three (3) months.

3. The total inactivation ratio for each day that the PWS is in operation must be determined based on the CT99.9 values in Tables 1.1-1.6, 2.1 and 3.1 in § 1.6.8 of this Part, as appropriate. The parameters necessary to determine the total inactivation ratio must be monitored as follows:

a. The temperature of the disinfected water must be measured at least once per day at each residual disinfectant concentration sampling point during peak hourly flow.

b. If the PWS uses chlorine, the pH of the disinfected water must be measured at least once per day at each chlorine residual disinfectant concentration sampling point during peak hourly flow.

c. The disinfectant contact time(s) (“T”) must be determined for each day during peak hourly flow.

d. The residual disinfectant concentration(s) (“C”) of the water before or at the first customer must be measured each day during peak hourly flow.

e. If a PWS uses a disinfectant other than chlorine, the PWS may demonstrate to the Director, through the use of a protocol approved by the Director, for on-site disinfection challenge studies or other information satisfactory to the Director that CT99.9 values other than those specified in Tables 2.1 and 3.1 in § 1.6.8 of this Part or other operational parameters are adequate to demonstrate that the PWS is achieving the minimum inactivation rates required by § 1.6.3(E)(1) of this Part.

4. The total inactivation ratio must be calculated as follows:

a. If the PWS uses only one (1) point of disinfectant application, the PWS may determine the total inactivation ratio based on either of the following two (2) methods:

(1) One (1) inactivation ratio (CTcalc/CT99.9) is determined before or at the first customer during peak hourly flow and if the CTcalc/CT99.9 is greater than 1.0, the 99.9 percent Giardia lamblia inactivation requirement has been achieved; OR

(2) Successive CTcalc/CT99.9 values representing sequential inactivation ratios are determined between the point of disinfectant application and a point before or at the first customer during peak hourly flow. Under this alternative, the following method must be used to calculate the total inactivation ratio:

(AA) Determine (CTcalc/CT99.9) for each sequence

(BB) Add the (CTcalc/CT99.9) values together (the sum of all CTcalc/CT99.9)

(CC) If the sum of (CTcalc/CT99.9) is greater than 1.0, then the 99.9 percent Giardia lamblia inactivation requirement has been achieved.

b. If the PWS uses more than one (1) point of disinfectant application before or at the first customer, the PWS must determine the CT value of each disinfection sequence immediately prior to the next point of disinfectant application during peak hourly flow. The CTcalc/CT99.9 value of each sequence and the sum of CTcalc/CT99.9 must be calculated using the method in § 1.6.6(A)(4)(a)((2)) of this Part to determine if the PWS is in compliance with § 1.6.3(E) of this Part.

c. Although not required, the total percent inactivation for a PWS with one (1) or more points of residual disinfectant concentration monitoring may be calculated by solving the following equation: Percent inactivation = 100-(100/10Z), where Z = 3 x the sum of (CTcalc/CT99.9).

5. The residual disinfectant concentration of the water entering the distribution system must be monitored continuously using analytical methods specified in § 1.21 of this Part, and the lowest value must be recorded each day. In the event of system monitoring failure, grab sampling may be conducted every four (4) hours, for no more than five (5) working days.

a. PWS serving three thousand three hundred (3,300) or fewer persons may take grab samples in lieu of continuous monitoring on an ongoing basis at the frequencies prescribed below:

b. If at any time the residual disinfectant concentration falls below 0.2 mg/L in a PWS using grab sampling in lieu of continuous monitoring, the PWS must take a grab sample every four (4) hours until the residual concentration is equal to or greater than 0.2 mg/L.

6. 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 §§ 1.16.4 and 1.17.1 of this Part. The Director may allow a PWS which uses both a surface water source or a groundwater source under direct influence of surface water, and a groundwater source to take disinfectant residual samples at points other than the total coliform sampling points, if the Director determines that such points are more representative of treated (disinfected) water quality within the distribution system.

a. Heterotrophic bacteria, measured as HPC as specified in § 1.6.5(B)(3) of this Part, may be measured in lieu of residual disinfectant concentration except as specified in § 1.8.5(C)(1) of this Part.

1.6.7 Monitoring Requirements for PWSs Using Filtration Treatment

A. A PWS that uses a surface water source or a groundwater source under the influence of surface water and provides filtration treatment must monitor in accordance with this Section:

1. Turbidity

a. Representative Filtered Effluent Turbidity Requirements

(1) Turbidity measurements as required by § 1.6.4 of this Part must be performed on representative samples of the PWS’s filtered water every four (4) hours (or more frequently) that the PWS serves water to the public. A PWS may substitute continuous turbidity monitoring for grab sample monitoring if it validates the continuous measurement for accuracy on a regular basis, using procedures specified by the manufacturer, but no less frequently than every three (3) months.

(2) For any PWS using slow sand filtration or filtration treatment other than conventional treatment, direct filtration or diatomaceous earth filtration, the Director may reduce the sampling frequency to once per day if it determines that less frequent monitoring is sufficient to indicate effective filtration performance.

(3) For PWS serving five hundred (500) or fewer persons, the Director may reduce the turbidity sampling frequency to once per day, regardless of the type of filtration treatment used, if the Director determines that less frequent monitoring is sufficient to indicate effective filtration performance.

b. Individual Filter Turbidity Requirements

(1) § 1.6 PWS that use conventional or direct filtration must conduct continuous monitoring of turbidity for each individual filter in the system. The following requirements apply to continuous turbidity monitoring:

(AA) Continuous monitoring must be conducted using an approved method in § 1.6.5 of this Part;

(BB) Calibration of turbidimeters must be conducted using procedures specified by the manufacturer, but no less frequently than every three (3) months;

(CC) Results of turbidity monitoring must be recorded at least every fifteen (15) minutes; and

(DD) Monthly reporting must be completed and records must be maintained according to § 1.6.8 of this Part.

(2) If there is a failure in the continuous turbidity monitoring equipment, the PWS must conduct grab sampling every four (4) hours in lieu of continuous monitoring until the turbidimeter is back on-line. PWS serving at least ten thousand (10,000) people have no more than five (5) working days, following equipment failure, and PWS serving fewer than ten thousand (10,000) people have no more than fourteen (14) total days, following equipment failure, to resume continuous monitoring before a violation is incurred.

(3) For PWS serving fewer than ten thousand (10,000) people, PWS that only consist of two (2) or fewer filters may conduct continuous monitoring of combined filter effluent turbidity in lieu of individual filter effluent turbidity monitoring. Continuous monitoring must meet the same requirements set forth in §§ 1.6.7(A)(1)(b)((1)) and ((2)) of this Part.

2. The total inactivation ratio must be calculated as indicated in § 1.6.6(A)(4) of this Part.

3. The residual disinfectant concentration of the water entering the distribution system, and throughout the distribution system, must be monitored as indicated in §§ 1.6.6(A)(5) and (6) of this Part.

1.6.8 Reporting and Record Keeping Requirements

A. A PWS that uses a surface water source and does not provide filtration treatment must report the following information monthly to the Director unless the Director has determined that filtration is required in writing, in which case the Director may specify alternate reporting requirements as appropriate until filtration is in place. A PWS that uses a groundwater source under the direct influence of surface water and does not provide filtration treatment must report monthly to the Director, the following information beginning no later than six (6) months after the Director determines that the groundwater source is under the direct influence of surface water:

1. Source water quality information must be reported to the Director within ten (10) days after the end of each month the PWS serves water to the public. Information that must be reported:

a. The cumulative number of months for which results are reported.

b. The number of fecal and/or total coliform samples, whichever are analyzed during the month (if a PWS monitors for both, only fecal coliforms must be reported), the dates of sample collection and the dates when the turbidity level exceeded one (1) NTU.

c. The number of samples during the month that had equal to or less than 20/100 ml fecal coliforms and/or equal to or less than 100/100 ml total coliforms, whichever are analyzed.

d. The cumulative number of fecal or total coliform samples, whichever are analyzed during the previous six (6) months the PWS served water to the public.

e. The cumulative number of samples that had equal to or less than 20/100 ml fecal coliforms or equal to or less than 100/100 ml total coliforms, whichever are analyzed during the previous six (6) months the PWS served water to the public.

f. The percentage of samples that had equal to or less than 20/100 ml fecal coliforms or equal to or less than 100/100 ml total coliforms, whichever are analyzed during the previous six (6) months the PWS served water to the public.

g. The maximum turbidity level measured during the month, the date(s) of occurrence for any measurement(s) which exceeded five (5) NTU, and the date(s) the occurrence(s) was reported to the Director.

h. For the first twelve (12) months of record-keeping, the dates and cumulative number of events during which the turbidity exceeded five (5) NTU and after one (1) year of record keeping for turbidity measurements, the dates and cumulative number of events during which the turbidity exceeded five (5) NTU in the previous twelve (12) months the PWS served water to the public.

i. For the first one hundred twenty (120) months of record-keeping, the dates and cumulative number of events during which the turbidity exceeded five (5) NTU and after ten (10) years of record keeping for turbidity measurements, the dates and cumulative number of events during which the turbidity exceeded five (5) NTU in the previous one hundred twenty (120) months they PWS service water to the public.

2. Disinfection information must be reported to the Director within ten (10) days after the end of each month the PWS serves water to the public. Information that must be reported:

a. For each day, the lowest measurement of residual disinfectant concentration in mg/L in water entering the distribution system.

b. The date and duration of each period when the residual disinfectant concentration in water entering the distribution system fell below 0.2 mg/L and when the Director was notified of the occurrence.

c. The daily residual disinfectant concentration(s) (in mg/L) and disinfectant contact time(s) (in minutes) used for calculating the CT value(s).

d. If chlorine is used, the daily measurement(s) of pH of disinfected water following each point of chlorine disinfection.

e. The daily measurement(s) of water temperature in degrees centigrade following each point of disinfection.

f. The daily CTcalc and CTcalc/CT99.9 values for each disinfectant measurement or sequence and the sum of all CTcalc/CT99.9 values (CTcalc/CT99.9) before or at the first customer.

g. The daily determination of whether disinfection achieves adequate Giardia cyst and virus inactivation, i.e. whether (CTcalc/ CT99.9) is at least 1.0 or where disinfectants other than chlorine are used, other indicator conditions that the Director determines are appropriate, are met.

h. The following information on the samples taken in the distribution system in conjunction with total coliform monitoring specified in § 1.6.3 of this Part.

(1) Number of instances where the residual disinfectant concentration is measured;

(2) Number of instances where the residual disinfectant concentration is not measured but HPC is measured;

(3) Number of instances where the residual disinfectant concentration is measured, but not detected and no HPC is measured;

(4) Number of instances where the residual disinfectant concentration is detected and where HPC is >500/ml;

(5) Number of instances where the residual disinfectant concentration is not measured and HPC is >500/ml;

(6) For the current and previous month the PWS served water to the public, the value of “V”, as defined in § 1.6.3(E) of this Part.

i. A PWS need not report the data listed in §§ 1.6.8(A)(2)(a) and (c) through (f) of this Part, if all data listed in §§ 1.6.8(A)(2)(a) through (h) of this Part, remain on file at the PWS and the Director determines that:

(1) The PWS has submitted to the Director all the information required for at least twelve (12) months; and

(2) The Director has determined that the PWS is not required to provide filtration treatment.

3. No later than October 10 of each year, each PWS must provide to the Director a report which summarizes its compliance with all watershed control program requirements specified in § 1.6.2(E)(2) of this Part.

4. A report on the on-site inspection conducted during that year as specified in § 1.6.2(E)(3) of this Part.

5. Each PWS, upon discovering that a waterborne disease outbreak potentially attributable to that PWS has occurred, must report that occurrence to the Director as soon as possible, but no later than the end of the next business day.

a. If at any time the turbidity exceeds five (5) NTU, the PWS must consult with the Director as soon as practical, but no later than twenty-four (24) hours after the exceedance is known, in accordance with the public notification requirements under § 1.16.6 of this Part.

b. If at any time the residual falls below 0.2 mg/L in the water entering the distribution system, the PWS must notify the Director as soon as possible, but no later than by the end of the next business day. The PWS must notify the Director by the end of the next business day whether or not the residual was restored to at least 0.2 mg/L within four (4) hours.

B. § 1.6 PWS that provide filtration treatment must report monthly to the Director the following information in §§ 1.6.8(B)(1) through (4) of this Part, unless otherwise stated.

1. Turbidity requirements: Turbidity measurements as required by §§ 1.6.4 and 1.6.7 of this Part, must be reported within ten (10) days after the end of each month the PWS serves water to the public. Information that must be reported includes:

a. The total number of filtered water turbidity measurements taken during the month.

b. The number and percentage of filtered water turbidity measurements taken during the month which are less than or equal to the turbidity limits specified in § 1.6.4 of this Part, for the filtration technology being used.

c. The date and value of any turbidity measurements taken during the month which exceed the maximum allowable turbidity specified in § 1.6.4 of this Part.

2. Individual filter effluent reporting requirements (conventional and direct filtration systems only). PWS must maintain the results of individual filter monitoring taken under § 1.6.7(A)(1)(b) of this Part, for at least three (3) years. PWS must report that they have conducted individual filter turbidity monitoring under § 1.6.7(A)(1)(b) of this Part, within ten (10) days after the end of each month the PWS serves water to the public. PWS must report individual filter turbidity measurement results taken under § 1.6.7(A)(1)(b) of this Part, within ten (10) days after the end of each month the PWS serves water to the public only if measurements demonstrate one (1) or more of the conditions in § 1.6.8(B)(4) of this Part.

3. Disinfection information must be reported to the Director within ten (10) days after the end of each month and must include all items specified in §§ 1.6.8(A)(2)(a) through (h) and 1.6.8(A)(5) of this Part.

a. Disinfection Profiling: By July 1, 2003, PWS serving 500-9,999 people and by January 1, 2004, PWS serving fewer than 500 people must report the results of optional monitoring which shows TTHM levels below 0.064 mg/L and HAA5 levels below 0.048 mg/L (only if the PWS wishes to forgo profiling) or PWS must report that they have begun disinfection profiling. If profiling is required by the Director for PWS serving at least 10,000 people, the necessary reporting requirements will be specified by the Director. Records of the profile, if required, must be kept indefinitely including raw data and analysis and made available to the Director as part of a sanitary survey.

b. Disinfection Benchmarking: If a PWS serving fewer than 10,000 people was required to produce a disinfection profile and is considering a significant change to its disinfection practices, they must report a description of the proposed change in disinfection, a disinfection profile for Giardia lamblia (and, if necessary, viruses) and disinfection benchmark, and an analysis of how the proposed change will affect the current levels of disinfection. If benchmarking is required by the Director for PWS serving at least 10,000 people, the necessary reporting requirements will be specified by the Director. Records of the benchmark must be kept indefinitely including raw data and analysis and made available to the Director as part of a sanitary survey.

4. Individual filter effluent follow-up actions: For all PWS, reporting to the Director is required by the 10th of the following month for exceedance listed in §§ 1.6.8(B)(4)(a) through (d) of this Part, unless otherwise stated. PWS that use lime softening may apply to the Director for alternative exceedance levels for the levels specified in §§ 1.6.8(B)(4)(a) through (d) of this Part, if they can demonstrate that higher turbidity levels in individual filters are due to lime carryover only and not due to degraded filter performance.

a. If the individual filter effluent turbidity (or for PWS serving fewer than 10,000, the turbidity of combined filter effluent (CFE) for PWSs with two (2) filters that monitor CFE in lieu of individual filters) exceeded 1.0 NTU in two (2) consecutive measurements taken fifteen (15) minutes apart, the PWS must report the filter number, the turbidity measurement, the date(s) on which the exceedance occurred and the cause (if known) for the exceedance. In addition, PWS serving at least 10,000 people must either produce a filter profile for the filter within seven (7) days of the exceedance (if the PWS is not able to identify an obvious reason for the abnormal filter performance) and report that the profile has been produced or report the obvious reason for the exceedance.

b. For PWS serving at least 10,000 people, if the individual filter effluent turbidity exceeded 0.5 NTU in two (2) consecutive measurements taken fifteen (15) minutes apart at the end of the first four (4) hours of continuous filter operation after the filter has been backwashed or otherwise taken offline, the PWS must report the filter number, the turbidity, and the date(s) on which the exceedance occurred. In addition, the PWS must either produce a filter profile for the filter within seven (7) days of the exceedance (if the PWS is not able to identify an obvious reason for the abnormal filter performance) and report that the profile has been produced or report the obvious reason for the exceedance.

c. If the individual filter effluent turbidity (or for PWS serving fewer than 10,000, the CFE turbidity of PWSs with two (2) filters that monitor CFE in lieu of individual filters) exceeded 1.0 NTU in two (2) consecutive 15-minute readings for three (3) consecutive months, the PWS must report the filter number, the turbidity measurement, and the date(s) on which the exceedance occurred. In addition, the PWS must conduct a self-assessment of the filter(s) within fourteen (14) days of the exceedance unless a CPE as specified in § 1.6.8(B)(4)(d) of this Part, was required. PWS with two (2) filters that monitor combined filter effluent in lieu of individual filters must conduct a self-assessment on both filters. The PWS must report the date the filter self-assessment was triggered and the date it was completed by the 10th of the following month or fourteen (14) days after the self-assessment was triggered only if the self-assessment was triggered during the last four (4) days of the month. The self-assessment must consist of at least the following components:

(1) assessment of filter performance;

(2) development of a filter profile;

(3) identification and prioritization of factors limiting filter performance;

(4) assessment of the applicability of corrections; and

(5) preparation of a filter self-assessment report.

d. If the individual filter effluent turbidity (or for PWS serving fewer than 10,000, the CFE for PWS with two (2) filters that monitor combined filter effluent in lieu of individual filters) exceeded 2.0 NTU in two (2) consecutive recordings fifteen (15) minutes apart at the same filter for two (2) consecutive months, the PWS must report the filter number, the turbidity measurement, and the date(s) on which the exceedance occurred. In addition, the PWS must arrange to have a comprehensive performance evaluation (CPE) conducted by the Director or a third party approved by Director not later than thirty (30) days (sixty (60) days for PWS serving fewer than 10,000) following the day the filter exceeded 2.0 NTU in two (2) consecutive measurements for the second straight month. If a CPE has been completed by the Director or a third party approved by the Director within the 12 prior months or the PWS and Director are jointly participating in an ongoing Comprehensive Technical Assistance (CTA) project at the PWS, a new CPE is not required. If conducted, a CPE must be completed and submitted to the Director no later than ninety (90) days (120 days for PWS serving fewer than 10,000) following the day the filter exceeded 2.0 NTU in two (2) consecutive measurements for the second straight month. The PWS must report by the 10th of the following month that a CPE was required and the date it was triggered.

5. The disinfection information must be reported as indicated in § 1.6.8(A)(2) of this Part.

C. For all filtration technologies, a § 1.6 PWS that exceeds the maximum turbidity as specified in § 1.6.4 of this Part, must inform the Director within twenty-four (24) hours.

D. Recycle Provisions:

1. Reporting. A PWS must notify the Director if the PWS recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes. This notification must include, at a minimum, the information specified in §§ 1.6.8(D)(1)(a) and (b) of this Part.

a. A plant schematic showing the origin of all flows which are recycled (including, but not limited to, spent filter backwash water, thickener supernatant and liquids from dewatering processes), the hydraulic conveyance used to transport them, and the location where they are re-introduced back into the treatment plant.

b. Typical recycle flow in gallons per minute (gpm) the highest observed plant flow experienced in the previous year (gpm), design flow for the treatment plant (gpm), and Director-approved operating capacity for the plant where the Director has made such determinations.

2. Recordkeeping. The PWS must collect and retain on file recycle flow information specified in §§ 1.6.8(D)(2)(a) through (f) of this Part, for review and evaluation by the Director.

a. Copy of the recycle notification and information submitted to the Director under § 1.6.8(D)(1) of this Part.

b. List of all recycle flows and the frequency with which they are returned.

c. Average and maximum backwash flow rate through the filters and the average and maximum duration of the filter backwash process in minutes.

d. Typical filter run length and a written summary of how filter run length is determined.

e. The type of treatment provided for the recycle flow.

f. Data on the physical dimensions of the equalization and/or treatment units, typical and maximum hydraulic loading rates, type of treatment chemicals used and average dose and frequency of use, and frequency at which solids are removed, if applicable.

1.6.9 Enhanced Treatment for Cryptosporidium

A. General Requirements.

1. The requirements of § 1.6.9 of this Part are National Primary Drinking Water Regulations. The Regulations in § 1.6.9 of this Part 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 other sections of this Part.

2. Applicability. The requirements of § 1.6.9 of this Part apply to all PWS subject to § 1.6 of this Part, which are PWS supplied by a surface water source and PWS supplied by a groundwater source under the direct influence of surface water.

a. Wholesale PWS, as defined in § 1.2 of this Part, must comply with the requirements of § 1.6.9 of this Part, based on the population of the largest PWS in the combined distribution system.

b. The requirements of § 1.6.9 of this Part for filtered PWS apply to PWS required by National Primary Drinking Water Regulations to provide filtration treatment, whether or not the PWS is currently operating a filtration system.

c. The requirements of § 1.6.9 of this Part for unfiltered PWS apply only to unfiltered PWS that timely met and continue to meet the filtration avoidance criteria in § 1.6 of this Part, as applicable.

3. Requirements. PWS subject to § 1.6.9 of this Part, must comply with the following requirements:

a. PWS 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 §§ 1.6.9(B) through 1.6.9(G) of this Part, to determine what level, if any, of additional Cryptosporidium treatment they must provide.

b. PWS that plan to make a significant change to their disinfection practice must develop disinfection profiles and calculate disinfection benchmarks, as described in §§ 1.6.9(I) through 1.6.9(J) of this Part.

c. Filtered PWS must determine their Cryptosporidium treatment bin classification as described in § 1.6.9(K) of this Part and provide additional treatment for Cryptosporidium, if required, as described in § 1.6.9(L) of this Part. All unfiltered PWS must provide treatment for Cryptosporidium as described in § 1.6.9(M) of this Part. Filtered and unfiltered PWS must implement Cryptosporidium treatment according to the schedule in § 1.6.9(N) of this Part.

d. PWS required to provide additional treatment for Cryptosporidium must implement microbial toolbox options that are designed and operated as described in §§ 1.6.9(O) through 1.6.9(T) of this Part.

e. PWS must comply with the applicable recordkeeping and reporting requirements described in §§ 1.6.9(U) through 1.6.9(V) of this Part.

f. PWS must address significant deficiencies identified in sanitary surveys performed as described in § 1.6.9(W) of this Part.

B. Source Water Monitoring.

1. Initial Round of Source Water Monitoring. PWS must conduct the following monitoring on the schedule in § 1.6.9(B)(3) of this Part unless they meet the monitoring exemption criteria in § 1.6.9(B)(4) of this Part.

a. Filtered PWS serving at least 10,000 people must sample their source water for Cryptosporidium, E. coli, and turbidity at least monthly for twenty-four (24) months.

b. Unfiltered PWS serving at least 10,000 people must sample their source water for Cryptosporidium at least monthly for twenty-four (24) months.

c. Filtered PWS serving fewer than 10,000 people must sample their source water for E. coli at least once every two weeks for twelve (12) months.

(1) A filtered PWS serving fewer than 10,000 people may avoid E. coli monitoring if the PWS notifies the Director that it will monitor for Cryptosporidium as described in § 1.6.9(B)(1)(d) of this Part. The PWS must notify the Director no later than 3 months prior to the date the PWS is otherwise required to start E. coli monitoring under § 1.6.9(B)(3) of this Part.

d. Filtered PWS serving fewer than 10,000 people must sample their source water for Cryptosporidium at least twice per month for twelve (12) months or at least monthly for twenty-four (24) months if they meet one of the following, based on monitoring conducted under § 1.6.9(B)(1)(c) of this Part:

(1) For PWS using lake/reservoir sources, the annual mean E. coli concentration is greater than 10 E. coli/100 mL.

(2) For PWS using flowing stream sources, the annual mean E. coli concentration is greater than 50 E. coli/100 mL.

(3) The PWS does not conduct E. coli monitoring as described in § 1.6.9(B)(1)(c) of this Part.

(4) PWS using groundwater under the direct influence of surface water (GWUDI) must comply with the requirements of § 1.6.9(B)(1)(d) of this Part, based on the E. coli level that applies to the nearest surface water body. If no surface water body is nearby, the PWS must comply based on the requirements that apply to PWS using lake/reservoir sources.

e. For filtered PWS serving fewer than 10,000 people, the Director may approve monitoring for an indicator other than E. coli under § 1.6.9(B)(1)(c) of this Part. The Director also may approve an alternative to the E. coli concentration in §§ 1.6.9(B)(1)(d)((1)), ((2)) or ((4)) of this Part, to trigger Cryptosporidium monitoring. This approval by the Director must be provided to the PWS in writing and must include the basis for the Director's determination that the alternative indicator and/or trigger level will provide a more accurate identification of whether a PWS will exceed the Bin 1 Cryptosporidium level in § 1.6.9(K) of this Part.

f. Unfiltered PWS serving fewer than 10,000 people must sample their source water for Cryptosporidium at least twice per month for twelve (12) months or at least monthly for twenty-four (24) months.

g. PWS may sample more frequently than required under this section if the sampling frequency is evenly spaced throughout the monitoring period.

2. Second Round of Source Water Monitoring. PWS must conduct a second round of source water monitoring that meets the requirements for monitoring parameters, frequency, and duration described in § 1.6.9(B)(1) of this Part, unless they meet the monitoring exemption criteria in § 1.6.9(B)(4) of this Part. PWS must conduct this monitoring on the schedule in § 1.6.9(B)(3) of this Part.

3. Monitoring Schedule. PWS must begin the monitoring required in §§ 1.6.9(B)(1) and (2) of this Part, no later than the month beginning with the date listed in the table below:

4. Monitoring Avoidance.

a. Filtered PWS are not required to conduct source water monitoring under § 1.6.9 of this Part if the PWS will provide a total of at least 5.5-log of treatment for Cryptosporidium, equivalent to meeting the treatment requirements of Bin 4 in § 1.6.9(L) of this Part.

b. Unfiltered PWS are not required to conduct source water monitoring under § 1.6.9 of this Part, if the PWS will provide a total of at least 3-log Cryptosporidium inactivation, equivalent to meeting the treatment requirements for unfiltered PWSs with a mean Cryptosporidium concentration of greater than 0.01 oocysts/L in § 1.6.9(M) of this Part.

c. If a PWS chooses to provide the level of treatment in § 1.6.9(B)(4)(a) or (b) of this Part, as applicable, rather than start source water monitoring, the PWS must notify the Director in writing no later than the date the PWS is otherwise required to submit a sampling schedule for monitoring under § 1.6.9(C) of this Part. Alternatively, a PWS may choose to stop sampling at any point after it has initiated monitoring if it notifies the Director in writing that it will provide this level of treatment. PWS must install and operate technologies to provide this level of treatment by the applicable treatment compliance date in § 1.6.9(N) of this Part.

5. Plants Operating Only Part of The Year. PWS with treatment plants that must comply with § 1.6 of this Part and that operate for only part of the year must conduct source water monitoring in accordance with § 1.6.9 of this Part, but with the following modifications:

a. PWS must sample their source water only during the months that the plant operates unless the Director specifies another monitoring period based on plant operating practices.

b. PWS with plants that operate less than six (6) months per year and that monitor for Cryptosporidium must collect at least six (6) Cryptosporidium samples per year during each of two (2) years of monitoring. Samples must be evenly spaced throughout the period the plant operates.

6. New Sources. A PWS that begins using a new source of surface water or GWUDI after the PWS is required to begin monitoring under § 1.6.9(B)(3) of this Part, must monitor the new source on a schedule the Director approves. Source water monitoring must meet the requirements of this § 1.6.9 of this Part. The PWS must also meet the bin classification and Cryptosporidium treatment requirements of §§ 1.6.9(K) and (L) or (M) of this Part, as applicable, for the new source on a schedule the Director approves.

a. The requirements of § 1.6.9(B)(6) of this Part, apply to PWS that must comply with § 1.6 and that begin operation after the monitoring start date applicable to the PWS's size under § 1.6.9(B)(3) of this Part.

b. The PWS must begin a second round of source water monitoring no later than six (6) years following initial bin classification under § 1.6.9(K) of this Part, or determination of the mean Cryptosporidium level under § 1.6.9(M) of this Part, as applicable.

7. Failure to collect any source water sample required under § 1.6.9(B) of this Part, in accordance with the sampling schedule, sampling location, analytical method, approved laboratory, and reporting requirements of §§ 1.6.9(C) through (G) of this Part, is a monitoring violation.

8. Grandfathering Monitoring Data. PWS may use (grandfather) monitoring data collected prior to the applicable monitoring start date in § 1.6.9(B)(3) of this Part, to meet the initial source water monitoring requirements in § 1.6.9(B)(1) of this Part. Grandfathered data may substitute for an equivalent number of months at the end of the monitoring period. All data submitted under § 1.6.9(B)(8) of this Part, must meet the requirements in § 1.6.9(H) of this Part.

C. Sampling Schedules.

1. PWS required to conduct source water monitoring under § 1.6.9(B) of this Part, must submit a sampling schedule that specifies the calendar dates when the PWS will collect each required sample.

a. PWS must submit sampling schedules no later than three (3) months prior to the applicable date listed in § 1.6.9(B)(3) of this Part, for each round of required monitoring.

b. PWS serving at least 10,000 people must submit their sampling schedule for the initial round of source water monitoring under § 1.6.9(B)(1) of this Part, to EPA electronically.

(1) If a PWS is unable to submit the sampling schedule electronically, the PWS may use an alternative approach for submitting the sampling schedule that EPA approves.

c. PWS serving fewer than 10,000 people must submit their sampling schedules for the initial round of source water monitoring § 1.6.9(B)(1) of this Part, to the Director.

d. PWS must submit sampling schedules for the second round of source water monitoring under § 1.6.9(B)(2) of this Part to the Director.

e. If EPA or the Director does not respond to a PWS regarding its sampling schedule, the PWS must sample at the reported schedule.

2. PWS must collect samples within two (2) days before or two (2) days after the dates indicated in their sampling schedule (i.e., within a five-day period around the schedule date) unless one of the conditions of §§ 1.6.9(C)(2)(a) or (b) of this Part applies.

a. If an extreme condition or situation exists that may pose danger to the sample collector, or that cannot be avoided and causes the PWS to be unable to sample in the scheduled five-day period, the PWS must sample as close to the scheduled date as is feasible unless the Director approves an alternative sampling date. The PWS must submit an explanation for the delayed sampling date to the Director concurrent with the shipment of the sample to the laboratory.

b. If a PWS is unable to report a valid analytical result for a scheduled sampling date due to equipment failure, loss of or damage to the sample, failure to comply with the analytical method requirements, including the quality control requirements in § 1.6.9(E) of this Part, or the failure of an approved laboratory to analyze the sample, then the PWS must collect a replacement sample.

(1) The PWS must collect the replacement sample not later than twenty-one (21) days after receiving information that an analytical result cannot be reported for the scheduled date unless the PWS demonstrates that collecting a replacement sample within this time frame is not feasible or the Director approves an alternative resampling date. The PWS must submit an explanation for the delayed sampling date to the Director concurrent with the shipment of the sample to the laboratory.

3. PWSs that fail to meet the criteria of § 1.6.9(C)(2) of this Part, for any source water sample required under § 1.6.9(B) of this Part, must revise their sampling schedules to add dates for collecting all missed samples. PWSs must submit the revised schedule to the Director for approval prior to when the PWS begins collecting the missed samples.

D. Sampling Locations.

1. PWSs required to conduct source water monitoring under § 1.6.9(B) of this Part, 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 Director may approve one set of monitoring results to be used to satisfy the requirements of § 1.6.9(B) of this Part, for all plants.

2. PWSs must collect source water samples prior to chemical treatment, such as coagulants, oxidants, and disinfectants, unless the PWS meets the condition of § 1.6.9(D)(2)(a) of this Part.

a. The Director may approve a PWS to collect a source water sample after chemical treatment. To grant this approval, the Director must determine that collecting a sample prior to chemical treatment is not feasible for the PWS and that the chemical treatment is unlikely to have a significant adverse effect on the analysis of the sample.

3. PWSs that recycle filter backwash water must collect source water samples prior to the point of filter backwash water addition.

4. Bank Filtration.

a. PWSs that receive Cryptosporidium treatment credit for bank filtration under § 1.6.4(C) of this Part, must collect source water samples in the surface water prior to bank filtration.

b. PWSs that use bank filtration as pretreatment to a filtration plant must collect source water samples from the well (i.e., after bank filtration). Use of bank filtration during monitoring must be consistent with routine operational practice. PWSs collecting samples after a bank filtration process may not receive treatment credit for the bank filtration under § 1.6.9(Q)(3) of this Part.

5. Multiple Sources. PWSs with plants that use multiple water sources, including multiple surface water sources and blended surface water and groundwater sources, must collect samples as specified in §§ 1.6.9(D)(5)(a) or (b) of this Part. The use of multiple sources during monitoring must be consistent with routine operational practice.

a. If a sampling tap is available where the sources are combined prior to treatment, PWSs must collect samples from the tap.

b. If a sampling tap where the sources are combined prior to treatment is not available, PWSs must collect samples at each source near the intake on the same day and must follow either §§ 1.6.9(D)(5)(b)((1)) or ((2)) of this Part, for sample analysis.

(1) PWSs may composite samples from each source into one sample prior to analysis. The volume of sample from each source must be weighted according to the proportion of the source in the total plant flow at the time the sample is collected.

(2) PWSs may analyze samples from each source separately and calculate a weighted average of the analysis results for each sampling date. The weighted average must be calculated by multiplying the analysis result for each source by the fraction the source contributed to total plant flow at the time the sample was collected and then summing these values.

6. Additional Requirements. PWSs must submit a description of their sampling location(s) to the Director at the same time as the sampling schedule required under § 1.6.9(C) of this Part. This description must address the position of the sampling location in relation to the PWS's water source(s) and treatment processes, including pretreatment, points of chemical treatment, and filter backwash recycle. If the Director does not respond to a PWS regarding sampling location(s), the PWS must sample at the reported location(s).

E. Analytical Methods.

1. Cryptosporidium. PWSs must analyze for Cryptosporidium using Method 1623: Cryptosporidium and Giardia in Water by Filtration/IMS/FA, 2005, United States Environmental Protection Agency, EPA-815-R-05-002 or Method 1622: Cryptosporidium in Water by Filtration/IMS/FA, 2005, United States Environmental Protection Agency, EPA-815-R-05-001, which are incorporated by reference.

a. PWSs must analyze at least a 10 L sample or a packed pellet volume of at least 2 mL as generated by the methods listed in § 1.6.9(E)(1) of this Part. PWSs unable to process a 10 L sample must analyze as much sample volume as can be filtered by two filters approved by EPA for the methods listed in § 1.6.9(E)(1) of this Part, up to a packed pellet volume of at least 2 mL.

b. Matrix spike (MS) samples, as required by the methods in § 1.6.9(E)(1) of this Part, must be spiked and filtered by a laboratory approved for Cryptosporidium analysis under § 1.6.9(F) of this Part.

(1) If the volume of the MS sample is greater than 10 L, the PWS may filter all but 10 L of the MS sample in the field, and ship the filtered sample and the remaining 10 L of source water to the laboratory. In this case, the laboratory must spike the remaining 10 L of water and filter it through the filter used to collect the balance of the sample in the field.

c. Flow cytometer-counted spiking suspensions must be used for MS samples and ongoing precision and recovery (OPR) samples.

2. E. coli. PWSs must use methods for enumeration of E. coli in source water approved in § 1.21 of this Part.

a. The time from sample collection to initiation of analysis may not exceed thirty (30) hours unless the PWS meets the condition of § 1.6.9(E)(2)(b) of this Part.

b. The Director may approve on a case-by-case basis the holding of an E. coli sample for up to forty-eight (48) hours between sample collection and initiation of analysis if the Director determines that analyzing an E. coli sample within thirty (30) hours is not feasible. E. coli samples held between 30 to 48 hours must be analyzed by the Colilert reagent version of Standard Method 9223B as listed in § 1.21 of this Part.

c. PWSs must maintain samples between 0 degrees C and 10 degrees C during storage and transit to the laboratory.

3. Turbidity. PWSs must use methods for turbidity measurement approved in § 1.21 of this Part.

F. Approved Laboratories.

1. Cryptosporidium. PWSs must have Cryptosporidium samples analyzed by a laboratory that is approved under EPA's Laboratory Quality Assurance Evaluation Program for Analysis of Cryptosporidium in Water or a laboratory that has been certified for Cryptosporidium analysis by an equivalent laboratory certification program approved by the Director.

2. E. coli. Any laboratory certified by the EPA, the National Environmental Laboratory Accreditation Conference, or the Director for total coliform or fecal coliform analysis under § 1.12 of this Part, is approved for E. coli analysis under § 1.6.9 of this Part, when the laboratory uses the same technique for E. coli that the laboratory uses for § 1.12 of this Part.

3. Turbidity. Measurements of turbidity must be made by a party approved by the Director.

G. Reporting Source Water Monitoring Results.

1. PWSs must report results from the source water monitoring required under § 1.6.9(B) of this Part, no later than ten (10) days after the end of the first month following the month when the sample is collected.

2. All PWSs serving at least 10,000 people must report the results from the initial source water monitoring required under § 1.6.9(B)(1) of this Part, to EPA electronically.

a. If a PWS is unable to report monitoring results electronically, the PWS may use an alternative approach for reporting monitoring results that EPA approves.

3. PWSs serving fewer than 10,000 people must report results from the initial source water monitoring required under § 1.6.9(B)(1) of this Part, to the Director.

4. All PWSs must report results from the second round of source water monitoring required under § 1.6.9(B)(2) of this Part to the Director.

5. PWSs must report the applicable information in §§ 1.6.9(G)(5)(a) and (b) of this Part, for the source water monitoring required under § 1.6.9(B) of this Part.

a. PWSs must report the following data elements for each Cryptosporidium analysis:

(1) PWS ID.

(2) Facility ID.

(3) Sample collection date.

(4) Sample type (field or matrix spike).

(5) Sample volume filtered (L), to nearest ¼ L.

(6) Was 100% of filtered volume examined.

(7) Number of oocysts counted.

(AA) For matrix spike samples, PWSs must also report the sample volume spiked and estimated number of oocysts spiked. These data are not required for field samples.

(BB) For samples in which less than 10 L is filtered or less than 100% of the sample volume is examined, PWSs must also report the number of filters used and the packed pellet volume.

(CC) For samples in which less than 100% of sample volume is examined, PWSs must also report the volume of resuspended concentrate and volume of this resuspension processed through immunomagnetic separation.

b. PWSs must report the following data elements for each E. coli analysis:

(1) PWS ID.

(2) Facility ID.

(3) Sample collection date.

(4) Analytical method number.

(5) Method type.

(6) Source type (flowing stream, lake/reservoir, GWUDI).

(7) E. coli/100 mL.

(8) Turbidity. PWSs serving fewer than 10,000 people that are not required to monitor for turbidity under § 1.6.9(B) of this Part, are not required to report turbidity with their E. coli results.

H. Grandfathering Previously Collected Data

1. PWSs may comply with the initial source water monitoring requirements of § 1.6.9(B)(1) of this Part, by grandfathering sample results collected before the PWS 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 Director must approve.

a. A filtered PWS may grandfather Cryptosporidium samples to meet the requirements of § 1.6.9(B)(1) of this Part, when the PWS does not have corresponding E. coli and turbidity samples.

b. A PWS that grandfathers Cryptosporidium samples without E. coli and turbidity samples is not required to collect E. coli and turbidity samples when the PWS completes the requirements for Cryptosporidium monitoring under § 1.6.9(B)(1) of this Part.

2. E. coli Sample Analysis. The analysis of E. coli samples must meet the analytical method and approved laboratory requirements of §§ 1.6.9(E) through (F) of this Part.

3. Cryptosporidium Sample Analysis. The analysis of Cryptosporidium samples must meet the criteria in this paragraph.

a. Laboratories analyzed Cryptosporidium samples using one of the analytical methods in §§ 1.6.9(H)(3)(a)((1)) through ((6)) of this Part.

(1) Method 1623: Cryptosporidium and Giardia in Water by Filtration/IMS/FA, 2005, United States Environmental Protection Agency, EPA-815-R-05-002.

(2) Method 1622: Cryptosporidium in Water by Filtration/IMS/FA, 2005, United States Environmental Protection Agency, EPA-815-R-05-001.

(3) Method 1623: Cryptosporidium and Giardia in Water by Filtration/IMS/FA, 2001, United States Environmental Protection Agency, EPA-821-R-01-025.

(4) Method 1622: Cryptosporidium in Water by Filtration/IMS/FA, 2001, United States Environmental Protection Agency, EPA-821--R-01-026.

(5) Method 1623: Cryptosporidium and Giardia in Water by Filtration/IMS/FA, 1999, United States Environmental Protection Agency, EPA-821-R-99-006.

(6) Method 1622: Cryptosporidium in Water by Filtration/IMS/FA, 1999, United States Environmental Protection Agency, EPA-821-R-99-001.

b. For each Cryptosporidium sample, the laboratory analyzed at least 10 L of sample or at least 2 mL of packed pellet or as much volume as could be filtered by 2 filters that EPA approved for the methods listed in § 1.6.9(H)(3)(a) of this Part.

4. Sampling Location. The sampling location must meet the conditions in § 1.6.9(D) of this Part.

5. Sampling Frequency. Cryptosporidium samples were collected no less frequently than each calendar month on a regular schedule, beginning no earlier than January 1999. Sample collection intervals may vary for the conditions specified in §§ 1.6.9(C)(2)(a) and (b) of this Part, if the PWS provides documentation of the condition when reporting monitoring results.

a. The Director may approve grandfathering of previously collected data where there are time gaps in the sampling frequency if the PWS conducts additional monitoring the Director specifies to ensure that the data used to comply with the initial source water monitoring requirements of § 1.6.9(B)(1) of this Part, are seasonally representative and unbiased.

b. PWSs may grandfather previously collected data where the sampling frequency within each month varied. If the Cryptosporidium sampling frequency varied, PWSs must follow the monthly averaging procedure in §§ 1.6.9(K)(2)(e) or 1.6.9(M)(1)(c) of this Part, as applicable, when calculating the bin classification for filtered PWSs or the mean Cryptosporidium concentration for unfiltered PWSs.

6. Reporting Monitoring Results for Grandfathering. PWSs that request to grand-father previously collected monitoring results must report the following information by the applicable dates listed in this paragraph. PWSs serving at least 10,000 people must report this information to EPA unless the Director approves reporting to the Director rather than EPA. PWSs serving fewer than 10,000 people must report this information to the Director.

a. PWSs must report that they intend to submit previously collected monitoring results for grandfathering. This report must specify the number of previously collected results the PWS will submit, the dates of the first and last sample, and whether a PWS will conduct additional source water monitoring to meet the requirements of § 1.6.9(B)(1) of this Part. PWSs must report this information no later than the date the sampling schedule under § 1.6.9(C) of this Part, is required.

b. PWSs must report previously collected monitoring results for grandfathering, along with the associated documentation listed in §§ 1.6.9(H)(6)(b)((1)) through ((4)) of this Part, no later than two months after the applicable date listed in § 1.6.9(B)(3) of this Part.

(1) For each sample result, PWSs must report the applicable data elements in § 1.6.9(G) of this Part.

(2) PWSs must certify that the reported monitoring results include all results the PWS generated during the time period beginning with the first reported result and ending with the final reported result. This applies to samples that were collected from the sampling location specified for source water monitoring under § 1.6.9 of this Part, not spiked, and analyzed using the laboratory's routine process for the analytical methods listed in this section.

(3) PWSs must certify that the samples were representative of a plant's source water(s) and the source water(s) have not changed. PWSs must report a description of the sampling location(s), which must address the position of the sampling location in relation to the PWS's water source(s) and treatment processes, including points of chemical addition and filter backwash recycle.

(4) For Cryptosporidium samples, the laboratory or laboratories that analyzed the samples must provide a letter certifying that the quality control criteria specified in the methods listed in § 1.6.9(H)(3)(a) of this Part, were met for each sample batch associated with the reported results. Alternatively, the laboratory may provide bench sheets and sample examination report forms for each field, matrix spike, IPR, OPR, and method blank sample associated with the reported results.

7. If the Director determines that a previously collected data set submitted for grandfathering was generated during source water conditions that were not normal for the PWS, such as a drought, the Director may disapprove the data. Alternatively, the Director may approve the previously collected data if the PWS reports additional source water monitoring data, as determined by the Director, to ensure that the data set used under §§ 1.6.9(K) or 1.6.9(M) of this Part, represents average source water conditions for the PWS.

8. If a PWS submits previously collected data that fully meet the number of samples required for initial source water monitoring under § 1.6.9(B)(1) of this Part, and some of the data are rejected due to not meeting the requirements of this section, PWSs must conduct additional monitoring to replace rejected data on a schedule the Director approves. PWSs are not required to begin this additional monitoring until two months after notification that data have been rejected and additional monitoring is necessary.

I. Requirements When Making a Significant Change in Disinfection Practice.

1. Following the completion of initial source water monitoring under § 1.6.9(B)(1) of this Part, a PWS that plans to make a significant change to its disinfection practice, as defined in § 1.6.9(I)(2) of this Part, must develop disinfection profiles and calculate disinfection benchmarks for Giardia lamblia and viruses as described in § 1.6.9(J) of this Part. Prior to changing the disinfection practice, the PWS must notify the Director and must include in this notice the information in §§ 1.6.9(I)(1)(a) through (c) of this Part.

a. A completed disinfection profile and disinfection benchmark for Giardia lamblia and viruses as described in § 1.6.9(J) of this Part.

b. A description of the proposed change in disinfection practice.

c. An analysis of how the proposed change will affect the current level of disinfection.

2. 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 Director as a significant change to disinfection practice.

J. Developing the Disinfection Profile and Benchmark.

1. PWSs required to develop disinfection profiles under § 1.6.9(I) of this Part, must follow the requirements of this section. PWSs must monitor at least weekly for a period of 12 consecutive months to determine the total log inactivation for Giardia lamblia and viruses. If PWSs monitor more frequently, the monitoring frequency must be evenly spaced. PWSs that operate for fewer than 12 months per year must monitor weekly during the period of operation. PWSs must determine log inactivation for Giardia lamblia through the entire plant, based on CT99.9 values in Tables 1.1 through 1.6, 2.1 and 3.1 of § 1.6.8 of this Part, as applicable. PWSs must determine log inactivation for viruses through the entire treatment plant based on a protocol approved by the Director.

2. PWSs with a single point of disinfectant application prior to the entrance to the distribution PWS must conduct the monitoring in §§ 1.6.9(J)(2)(a) through (d) of this Part. PWSs with more than one point of disinfectant application must conduct the monitoring in §§ 1.6.9(J)(2)(a) through (d) of this Part, for each disinfection segment. PWSs must monitor the parameters necessary to determine the total inactivation ratio, using analytical methods in § 1.21 of this Part.

a. For PWSs using a disinfectant other than UV, the temperature of the disinfected water must be measured at each residual disinfectant concentration sampling point during peak hourly flow or at an alternative location approved by the Director.

b. For PWSs using chlorine, the pH of the disinfected water must be measured at each chlorine residual disinfectant concentration sampling point during peak hourly flow or at an alternative location approved by the Director.

c. The disinfectant contact time(s) (t) must be determined during peak hourly flow.

d. The residual disinfectant concentration(s) (C) of the water before or at the first customer and prior to each additional point of disinfectant application must be measured during peak hourly flow.

3. In lieu of conducting new monitoring under § 1.6.9(J)(2) of this Part, PWSs may elect to meet the requirements of §§ 1.6.9(J)(3)(a) or (b) of this Part.

a. PWSs that have at least one year of existing data that are substantially equivalent to data collected under the provisions of § 1.6.9(J)(2) of this Part, may use these data to develop disinfection profiles as specified in this section if the PWS has neither made a significant change to its treatment practice nor changed sources since the data were collected. PWSs may develop disinfection profiles using up to three years of existing data.

b. PWSs may use disinfection profile(s) developed under § 1.6.3(G) or §§ 1.6.6(A)(3) and (4) of this Part, in lieu of developing a new profile if the PWS has neither made a significant change to its treatment practice nor changed sources since the profile was developed. PWSs that have not developed a virus profile under § 1.6.3(G) or §§ 1.6.6(A)(3) and (4) of this Part, must develop a virus profile using the same monitoring data on which the Giardia lamblia profile is based.

4. PWSs must calculate the total inactivation ratio for Giardia lamblia as specified in §§ 1.6.9(J)(4)(a) through (c) of this Part.

a. PWSs using only one point of disinfectant application may determine the total inactivation ratio for the disinfection segment based on either of the methods in §§ 1.6.9(J)(4)(a)((1)) or ((2)) of this Part.

(1) Determine one inactivation ratio (CTcalc/CT99.9) before or at the first customer during peak hourly flow.

(2) Determine successive CTcalc/CT99.9 values, representing sequential inactivation ratios, between the point of disinfectant application and a point before or at the first customer during peak hourly flow. The PWS must calculate the total inactivation ratio by determining (CTcalc/CT99.9) for each sequence and then adding the (CTcalc/CT99.9) values together to determine (? (CTcalc/CT99.9)).

b. PWSs using more than one point of disinfectant application before the first customer must determine the CT value of each disinfection segment immediately prior to the next point of disinfectant application, or for the final segment, before or at the first customer, during peak hourly flow. The (CTcalc/CT99.9) value of each segment and (? (CTcalc/CT99.9)) must be calculated using the method in § 1.6.9(J)(4)(a)((2)) of this Part.

c. The PWS must determine the total logs of inactivation by multiplying the value calculated in §§ 1.6.9(J)(4)(a) or (b) of this Part by 3.0.

d. PWSs must calculate the log of inactivation for viruses using a protocol approved by the Director.

5. PWSs must use the procedures specified in §§ 1.6.9(J)(5)(a) and (b) of this Part to calculate a disinfection benchmark.

a. For each year of profiling data collected and calculated under §§ 1.6.9(J)(1) through (4) of this Part, PWSs must determine the lowest mean monthly level of both Giardia lamblia and virus inactivation. PWSs must determine the mean Giardia lamblia and virus inactivation for each calendar month for each year of profiling data by dividing the sum of daily or weekly Giardia lamblia and virus log inactivation by the number of values calculated for that month.

b. The disinfection benchmark is the lowest monthly mean value (for PWSs with one year of profiling data) or the mean of the lowest monthly mean values (for PWSs with more than one year of profiling data) of Giardia lamblia and virus log inactivation in each year of profiling data.

K. Bin Classification for Filtered PWSs.

1. Following completion of the initial round of source water monitoring required under § 1.6.9(B)(1) of this Part, filtered PWSs 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 § 1.6.9(B)(1) of this Part and must follow the procedures in §§ 1.6.9(K)(2)(a) through (e) of this Part.

2. Procedures

a. For PWSs that collect a total of at least forty-eight (48) samples, the bin concentration is equal to the arithmetic mean of all sample concentrations.

b. For PWSs that collect a total of at least twenty-four (24) samples, but not more than forty-seven (47) samples, the bin concentration is equal to the highest arithmetic mean of all sample concentrations in any twelve (12) consecutive months during which Cryptosporidium samples were collected.

c. For PWSs that serve fewer than 10,000 people and monitor for Cryptosporidium for only one year (i.e., collect 24 samples in 12 months), the bin concentration is equal to the arithmetic mean of all sample concentrations.

d. For PWSs with plants operating only part of the year that monitor fewer than twelve (12) months per year under § 1.6.9(B)(5) of this Part, the bin concentration is equal to the highest arithmetic mean of all sample concentrations during any year of Cryptosporidium monitoring.

e. If the monthly Cryptosporidium sampling frequency varies, PWSs must first calculate a monthly average for each month of monitoring. PWSs must then use these monthly average concentrations, rather than individual sample concentrations, in the applicable calculation for bin classification in §§ 1.6.9(K)(2)(a) through (d) of this Part.

3. Filtered PWSs must determine their initial bin classification from the following table and using the Cryptosporidium bin concentration calculated under §§ 1.6.9(K)(1) and (2) of this Part:

4. Following completion of the second round of source water monitoring required under § 1.6.9(B)(2) of this Part, filtered PWSs must recalculate their Cryptosporidium bin concentration using the Cryptosporidium results reported under § 1.6.9(B)(2) of this Part and following the procedures in §§ 1.6.9(K)(2)(a) through (d) of this Part. PWSs must then redetermine their bin classification using this bin concentration and the table in § 1.6.9(K)(3) of this Part.

5. Filtered PWSs must report their initial bin classification under § 1.6.9(K)(3) of this Part, to the Director for approval no later than six (6) months after the PWS is required to complete initial source water monitoring based on the schedule in § 1.6.9(B)(3) of this Part.

a. PWSs must report their bin classification under § 1.6.9(K)(4) of this Part, to the Director for approval no later than 6 months after the PWS is required to complete the second round of source water monitoring based on the schedule in § 1.6.9(B)(3) of this Part.

b. The bin classification report to the Director must include a summary of source water monitoring data and the calculation procedure used to determine bin classification.

6. Failure to comply with the conditions of § 1.6.9(K)(5) of this Part is a violation of the treatment technique requirement.

L. Filtered PWS Additional Cryptosporidium Treatment Requirements.

1. Filtered PWSs must provide the level of additional treatment for Cryptosporidium specified in this paragraph based on their bin classification as determined under § 1.6.9(K) of this Part and according to the schedule in § 1.6.9(N) of this Part.

2. Filtered PWSs must use one or more of the treatment and management options listed in § 1.6.9(O) of this Part, termed the microbial toolbox, to comply with the additional Cryptosporidium treatment required in § 1.6.9(L)(1) of this Part.

a.

b. PWSs classified in Bin 3 and Bin 4 must achieve at least 1-log of the additional Cryptosporidium treatment required under § 1.6.9(L)(1) of this Part, using either one or a combination of the following: bag filters, bank filtration, cartridge filters, chlorine dioxide, membranes, ozone, or UV, as described in §§ 1.6.9(P) through (T) of this Part.

3. Failure by a PWS in any month to achieve treatment credit by meeting criteria in §§ 1.6.9(P) through (T) of this Part, for microbial toolbox options that is at least equal to the level of treatment required in § 1.6.9(L)(1) of this Part, is a violation of the treatment technique requirement.

4. If the Director determines during a sanitary survey or an equivalent source water assessment that after a PWS completed the monitoring conducted under §§ 1.6.9(B)(1) or 1.6.9(B)(2) of this Part, significant changes occurred in the PWS's watershed that could lead to increased contamination of the source water by Cryptosporidium, the PWS must take actions specified by the Director to address the contamination. These actions may include additional source water monitoring and/or implementing microbial toolbox options listed in § 1.6.9(O) of this Part.

M. Unfiltered PWS Cryptosporidium Treatment Requirements.

1. Determination of Mean Cryptosporidium Level.

a. Following completion of the initial source water monitoring required under § 1.6.9(B)(1) of this Part, unfiltered PWSs must calculate the arithmetic mean of all Cryptosporidium sample concentrations reported under § 1.6.9(B)(1) of this Part. PWSs must report this value to the Director for approval no later than six (6) months after the month the PWS is required to complete initial source water monitoring based on the schedule in § 1.6.9(B)(3) of this Part.

b. Following completion of the second round of source water monitoring required under § 1.6.9(B)(2) of this Part, unfiltered PWSs must calculate the arithmetic mean of all Cryptosporidium sample concentrations reported under § 1.6.9(B)(2) of this Part. PWSs must report this value to the Director for approval no later than six (6) months after the month the PWS is required to complete the second round of source water monitoring based on the schedule in § 1.6.9(B)(3) of this Part.

c. If the monthly Cryptosporidium sampling frequency varies, PWSs must first calculate a monthly average for each month of monitoring. PWSs must then use these monthly average concentrations, rather than individual sample concentrations, in the calculation of the mean Cryptosporidium level in §§ 1.6.9(M)(1)(a) or (b) of this Part.

d. The report to the Director of the mean Cryptosporidium levels calculated under §§ 1.6.9(M)(1)(a) and (b) of this Part must include a summary of the source water monitoring data used for the calculation.

e. Failure to comply with the conditions of § 1.6.9(M)(1) of this Part is a violation of the treatment technique requirement.

2. Cryptosporidium Inactivation Requirements. Unfiltered PWSs must provide the level of inactivation for Cryptosporidium specified in this paragraph, based on their mean Cryptosporidium levels as determined under § 1.6.9(M)(1) of this Part and according to the schedule in § 1.6.9(N) of this Part.

a. Unfiltered PWSs with a mean Cryptosporidium level of 0.01 oocysts/L or less must provide at least 2-log Cryptosporidium inactivation.

b. Unfiltered PWSs with a mean Cryptosporidium level of greater than 0.01 oocysts/L must provide at least 3-log Cryptosporidium inactivation.

3. Inactivation Treatment Technology Requirements. Unfiltered PWSs must use chlorine dioxide, ozone, or UV as described in § 1.6.9(T) of this Part, to meet the Cryptosporidium inactivation requirements of this section.

a. PWSs that use chlorine dioxide or ozone and fail to achieve the Cryptosporidium inactivation required in § 1.6.9(M)(2) of this Part, on more than one day in the calendar month are in violation of the treatment technique requirement.

b. PWSs that use UV light and fail to achieve the Cryptosporidium inactivation required in § 1.6.9(M)(2) of this Part by meeting the criteria in § 1.6.9(T)(4)(c)((2)) of this Part, are in violation of the treatment technique requirement.

4. Use of Two Disinfectants. Unfiltered PWSs must meet the combined Cryptosporidium inactivation requirements of this section and Giardia lamblia and virus inactivation requirements of § 1.6.3(E) of this Part, using a minimum of two disinfectants, and each of two disinfectants must separately achieve the total inactivation required for either Cryptosporidium, Giardia lamblia, or viruses.

N. Schedule for Compliance with Cryptosporidium Treatment Requirements.

1. Following initial bin classification under § 1.6.9(K)(3) of this Part, filtered PWSs must provide the level of treatment for Cryptosporidium required under § 1.6.9(L) of this Part, according to the schedule in § 1.6.9(N)(3) of this Part.

2. Following initial determination of the mean Cryptosporidium level under § 1.6.9(M)(1)(a) of this Part, unfiltered PWSs must provide the level of treatment for Cryptosporidium required under § 1.6.9(M) of this Part according to the schedule in § 1.6.9(N)(3) of this Part.

3. Cryptosporidium treatment compliance dates.

4. If the bin classification for a filtered PWS changes following the second round of source water monitoring, as determined under § 1.6.9(K)(4) of this Part, the PWS must provide the level of treatment for Cryptosporidium required under § 1.6.9(L) of this Part, on a schedule the Director approves.

5. If the mean Cryptosporidium level for an unfiltered PWS changes following the second round of monitoring, as determined under § 1.6.9(M)(1)(b) of this Part, and if the PWS must provide a different level of Cryptosporidium treatment under § 1.6.9(M) of this Part, due to this change, the PWS must meet this treatment requirement on a schedule the Director approves.

O. Microbial Toolbox Options for Meeting Cryptosporidium Treatment Requirements.

1. PWSs receive the treatment credits listed in the table in § 1.6.9(O)(2) of this Part by meeting the conditions for microbial toolbox options described in §§ 1.6.9(P) through 1.6.9(T) of this Part.

a. PWSs apply these treatment credits to meet the treatment requirements in § 1.6.9(L) or 1.6.9(M) of this Part, as applicable.

b. Unfiltered PWSs are eligible for treatment credits for the microbial toolbox options described in § 1.6.9(T) of this Part, only.

2. The following table summarizes options in the microbial toolbox:

P. Source Toolbox Components.

1. Watershed Control Program. PWSs receive 0.5-log Cryptosporidium treatment credit for implementing a watershed control program that meets the requirements of this section.

a. PWSs that intend to apply for the watershed control program credit must notify the Director of this intent no later than two years prior to the treatment compliance date applicable to the PWS in § 1.6.9(N) of this Part.

b. PWSs must submit to the Director a proposed watershed control plan no later than one year before the applicable treatment compliance date in § 1.6.9(N) of this Part. The Director must approve the watershed control plan for the PWS to receive watershed control program treatment credit. The watershed control plan must include the elements in §§ 1.6.9(P)(1)(b)((1)) through ((4)) of this Part.

(1) Identification of an “area of influence” outside of which the likelihood of Cryptosporidium or fecal contamination affecting the treatment plant intake is not significant. This is the area to be evaluated in future watershed surveys under § 1.6.9(P)(1)(e)((2)) of this Part.

(2) Identification of both potential and actual sources of Cryptosporidium contamination and an assessment of the relative impact of these sources on the PWS's source water quality.

(3) An analysis of the effectiveness and feasibility of control measures that could reduce Cryptosporidium loading from sources of contamination to the PWS's source water.

(4) A statement of goals and specific actions the PWS will undertake to reduce source water Cryptosporidium levels. The plan must explain how the actions are expected to contribute to specific goals, identify watershed partners and their roles, identify resource requirements and commitments, and include a schedule for plan implementation with deadlines for completing specific actions identified in the plan.

c. PWSs with existing watershed control programs are eligible to seek this credit. Their watershed control plans must meet the criteria in § 1.6.9(P)(1)(b) of this Part, and must specify ongoing and future actions that will reduce source water Cryptosporidium levels.

d. If the Director does not respond to a PWS regarding approval of a watershed control plan submitted under this section and the PWS meets the other requirements of this section, the watershed control program will be considered approved and 0.5 log Cryptosporidium treatment credit will be awarded unless and until the Director subsequently withdraws such approval.

e. PWSs must complete the actions in §§ 1.6.9(P)(1)(e)((1)) through ((3)) of this Part to maintain the 0.5-log credit.

(1) Submit an annual watershed control program status report to the Director. The annual watershed control program status report must describe the PWS's implementation of the approved plan and assess the adequacy of the plan to meet its goals. It must explain how the PWS is addressing any shortcomings in plan implementation, including those previously identified by the Director or as the result of the watershed survey conducted under § 1.6.9(P)(1)(e)((2)) of this Part. It must also describe any significant changes that have occurred in the watershed since the last watershed sanitary survey. If a PWS determines during implementation that making a significant change to its approved watershed control program is necessary, the PWS must notify the Director prior to making any such changes. If any change is likely to reduce the level of source water protection, the PWS must also list in its notification the actions the PWS will take to mitigate this effect.

(2) Undergo a watershed sanitary survey every three years for community PWS and every five years for noncommunity PWS and submit the survey report to the Director. The survey must be conducted according to the Director’s guidelines and by persons the Director approves.

(AA) The watershed sanitary survey must meet the following criteria: encompass the region identified in the Director-approved watershed control plan as the area of influence; assess the implementation of actions to reduce source water Cryptosporidium levels; and identify any significant new sources of Cryptosporidium.

(BB) If the Director determines that significant changes may have occurred in the watershed since the previous watershed sanitary survey, PWSs must undergo another watershed sanitary survey by a date the Director requires, which may be earlier than the regular date in § 1.6.9(P)(1)(e)((2)) of this Part.

(3) The PWS must make the watershed control plan, annual status reports, and watershed sanitary survey reports available to the public upon request. These documents must be in a plain language style and include criteria by which to evaluate the success of the program in achieving plan goals. The Director may approve PWSs to withhold from the public portions of the annual status report, watershed control plan, and watershed sanitary survey based on water supply security considerations.

f. If the Director determines that a PWS is not carrying out the approved watershed control plan, the Director may withdraw the watershed control program treatment credit.

2. Alternative Source.

a. A PWS may conduct source water monitoring that reflects a different intake location (either in the same source or for an alternate source) or a different procedure for the timing or level of withdrawal from the source (alternative source monitoring). If the Director approves, a PWS may determine its bin classification under § 1.6.9(K) of this Part based on the alternative source monitoring results.

b. If PWSs conduct alternative source monitoring under § 1.6.9(P)(2)(a) of this Part, PWSs must also monitor their current plant intake concurrently as described in § 1.6.9(B) of this Part.

c. Alternative source monitoring under § 1.6.9(P)(2)(a) of this Part must meet the requirements for source monitoring to determine bin classification, as described in §§ 1.6.9(B) through (G) of this Part. PWSs must report the alternative source monitoring results to the Director, along with supporting information documenting the operating conditions under which the samples were collected.

d. If a PWS determines its bin classification under § 1.6.9(K) of this Part using alternative source monitoring results that reflect a different intake location or a different procedure for managing the timing or level of withdrawal from the source, the PWS must relocate the intake or permanently adopt the withdrawal procedure, as applicable, no later than the applicable treatment compliance date in § 1.6.9(N) of this Part.

Q. Pre-Filtration Treatment Toolbox Components.

1. Presedimentation. PWSs receive 0.5-log Cryptosporidium treatment credit for a presedimentation basin during any month the process meets the criteria in this paragraph.

a. The presedimentation basin must be in continuous operation and must treat the entire plant flow taken from a surface water or GWUDI source.

b. The PWS must continuously add a coagulant to the presedimentation basin.

c. The presedimentation basin must achieve the performance criteria in § 1.6.9(Q)(1)(c)((1)) or ((2)) of this Part.

(1) Demonstrates at least 0.5-log mean reduction of influent turbidity. This reduction must be determined using daily turbidity measurements in the presedimentation process influent and effluent and must be calculated as follows: log10(monthly mean of daily influent turbidity)-log10(monthly mean of daily effluent turbidity).

(2) Complies with Director-approved performance criteria that demonstrate at least 0.5-log mean removal of micron-sized particulate material through the presedimentation process.

2. Two-Stage Lime Softening. PWSs receive an additional 0.5-log Cryptosporidium treatment credit for a two-stage lime softening plant if chemical addition and hardness precipitation occur in two separate and sequential softening stages prior to filtration. Both softening stages must treat the entire plant flow taken from a surface water or GWUDI source.

3. Bank Filtration. PWSs receive Cryptosporidium treatment credit for bank filtration that serves as pretreatment to a filtration plant by meeting the criteria in this paragraph. PWSs using bank filtration when they begin source water monitoring under § 1.6.9(B)(1) of this Part must collect samples as described in § 1.6.9(D)(4) of this Part, and are not eligible for this credit.

a. Wells with a groundwater flow path of at least twenty-five (25) feet receive 0.5-log treatment credit; wells with a groundwater flow path of at least fifty (50) feet receive 1.0-log treatment credit. The groundwater flow path must be determined as specified in § 1.6.9(Q)(3)(d) of this Part.

b. Only wells in granular aquifers are eligible for treatment credit. Granular aquifers are those comprised of sand, clay, silt, rock fragments, pebbles or larger particles, and minor cement. A PWS must characterize the aquifer at the well site to determine aquifer properties. PWSs must extract a core from the aquifer and demonstrate that in at least ninety percent (90%) of the core length, grains less than 1.0 mm in diameter constitute at least ten percent (10%) of the core material.

c. Only horizontal and vertical wells are eligible for treatment credit.

d. For vertical wells, the groundwater flow path is the measured distance from the edge of the surface water body under high flow conditions (determined by the 100-year floodplain elevation boundary or by the floodway, as defined in Federal Emergency Management Agency flood hazard maps) to the well screen. For horizontal wells, the groundwater flow path is the measured distance from the bed of the river under normal flow conditions to the closest horizontal well lateral screen.

e. PWSs must monitor each wellhead for turbidity at least once every four hours while the bank filtration process is in operation. If monthly average turbidity levels, based on daily maximum values in the well, exceed 1 NTU, the PWS must report this result to the Director and conduct an assessment within thirty (30) days to determine the cause of the high turbidity levels in the well. If the Director determines that microbial removal has been compromised, the Director may revoke treatment credit until the PWS implements corrective actions approved by the Director to remediate the problem.

f. Springs and infiltration galleries are not eligible for treatment credit under this section, but are eligible for credit under § 1.6.9(R)(3) of this Part.

g. Bank Filtration Demonstration of Performance. The Director may approve Cryptosporidium treatment credit for bank filtration based on a demonstration of performance study that meets the criteria in this paragraph. This treatment credit may be greater than 1.0-log and may be awarded to bank filtration that does not meet the criteria in §§ 1.6.9(Q)(3)(a) through (e) of this Part.

(1) The study must follow a Director-approved protocol and must involve the collection of data on the removal of Cryptosporidium or a surrogate for Cryptosporidium and related hydrogeologic and water quality parameters during the full range of operating conditions.

(2) The study must include sampling both from the production well(s) and from monitoring wells that are screened and located along the shortest flow path between the surface water source and the production well(s).

R. Treatment Performance Toolbox Components.

1. Combined filter performance. PWSs using conventional filtration treatment or direct filtration treatment receive an additional 0.5-log Cryptosporidium treatment credit during any month the PWS meets the criteria in this paragraph. Combined filter effluent (CFE) turbidity must be less than or equal to 0.15 NTU in at least 95 percent of the measurements. Turbidity must be measured as described in § 1.21 of this Part.

2. Individual filter performance. PWSs using conventional filtration treatment or direct filtration treatment receive 0.5-log Cryptosporidium treatment credit, which can be in addition to the 0.5-log credit under § 1.6.9(R)(1) of this Part, during any month the PWS meets the criteria in this paragraph. Compliance with these criteria must be based on individual filter turbidity monitoring as described in § 1.6.7 of this Part, as applicable.

a. The filtered water turbidity for each individual filter must be less than or equal to 0.15 NTU in at least 95 percent of the measurements recorded each month.

b. No individual filter may have a measured turbidity greater than 0.3 NTU in two consecutive measurements taken fifteen (15) minutes apart.

c. Any PWS that has received treatment credit for individual filter performance and fails to meet the requirements of §§ 1.6.9(R)(2)(a) or (b) of this Part during any month does not receive a treatment technique violation under § 1.6.9(L)(3) of this Part, if the Director determines the following:

(1) The failure was due to unusual and short-term circumstances that could not reasonably be prevented through optimizing treatment plant design, operation, and maintenance.

(2) The PWS has experienced no more than two such failures in any calendar year.

3. Demonstration of Performance. The Director may approve Cryptosporidium treatment credit for drinking water treatment processes based on a demonstration of performance study that meets the criteria in this paragraph. This treatment credit may be greater than or less than the prescribed treatment credits in § 1.6.9(L) or §§ 1.6.9(Q) through (T) of this Part, and may be awarded to treatment processes that do not meet the criteria for the prescribed credits.

a. PWSs cannot receive the prescribed treatment credit for any toolbox box option in §§ 1.6.9(Q) through (T) of this Part, if that toolbox option is included in a demonstration of performance study for which treatment credit is awarded under this paragraph.

b. The demonstration of performance study must follow a Director-approved protocol and must demonstrate the level of Cryptosporidium reduction the treatment process will achieve under the full range of expected operating conditions for the PWS.

c. Approval by the Director must be in writing and may include monitoring and treatment performance criteria that the PWS must demonstrate and report on an ongoing basis to remain eligible for the treatment credit. The Director may designate such criteria where necessary to verify that the conditions under which the demonstration of performance credit was approved are maintained during routine operation.

S. Additional Filtration Toolbox Components.

1. Bag and Cartridge Filters. PWSs receive Cryptosporidium treatment credit of up to 2.0-log for individual bag or cartridge filters and up to 2.5-log for bag or cartridge filters operated in series by meeting the criteria in §§ 1.6.9(S)(1)(a) through (j) of this Part. To be eligible for this credit, PWSs must report the results of challenge testing that meets the requirements of §§ 1.6.9(S)(1)(b) through (i) of this Part to the Director. The filters must treat the entire plant flow taken from a § 1.6 source.

a. The Cryptosporidium treatment credit awarded to bag or cartridge filters must be based on the removal efficiency demonstrated during challenge testing that is conducted according to the criteria in §§ 1.6.9(S)(1)(b) through (i) of this Part. A factor of safety equal to 1-log for individual bag or cartridge filters and 0.5-log for bag or cartridge filters in series must be applied to challenge testing results to determine removal credit. PWSs may use results from challenge testing conducted prior to January 5, 2006 if the prior testing was consistent with the criteria specified in §§ 1.6.9(S)(1)(b) through (i) of this Part.

b. Challenge testing must be performed on full-scale bag or cartridge filters, and the associated filter housing or pressure vessel, that are identical in material and construction to the filters and housings the PWS will use for removal of Cryptosporidium. Bag or cartridge filters must be challenge tested in the same configuration that the PWS will use, either as individual filters or as a series configuration of filters.

c. Challenge testing must be conducted using Cryptosporidium or a surrogate that is removed no more efficiently than Cryptosporidium. The microorganism or surrogate used during challenge testing is referred to as the challenge particulate. The concentration of the challenge particulate must be determined using a method capable of discreetly quantifying the specific microorganism or surrogate used in the test; gross measurements such as turbidity may not be used.

d. The maximum feed water concentration that can be used during a challenge test must be based on the detection limit of the challenge particulate in the filtrate (i.e., filtrate detection limit) and must be calculated using the following equation:

(1) Maximum Feed Concentration = 1 x 10⁴ x (Filtrate Detection Limit)

e. Challenge testing must be conducted at the maximum design flow rate for the filter as specified by the manufacturer.

f. Each filter evaluated must be tested for a duration sufficient to reach one hundred percent (100%) of the terminal pressure drop, which establishes the maximum pressure drop under which the filter may be used to comply with the requirements of § 1.6.9 of this Part.

g. Removal efficiency of a filter must be determined from the results of the challenge test and expressed in terms of log removal values using the following equation:

(1) In applying this equation, the same units must be used for the feed and filtrate concentrations. If the challenge particulate is not detected in the filtrate, then the term Cp must be set equal to the detection limit.

h. Each filter tested must be challenged with the challenge particulate during three periods over the filtration cycle: within two hours of start-up of a new filter; when the pressure drop is between forty-five (45%) and fifty-five (55%) percent of the terminal pressure drop; and at the end of the cycle after the pressure drop has reached one hundred percent (100%) of the terminal pressure drop. An LRV must be calculated for each of these challenge periods for each filter tested. The LRV for the filter (LRVfilter) must be assigned the value of the minimum LRV observed during the three challenge periods for that filter.

i. If fewer than twenty (20) filters are tested, the overall removal efficiency for the filter product line must be set equal to the lowest LRVfilter among the filters tested. If twenty (20) or more filters are tested, the overall removal efficiency for the filter product line must be set equal to the 10th percentile of the set of LRVfilter values for the various filters tested. The percentile is defined by (i/(n+1)) where i is the rank of n individual data points ordered lowest to highest. If necessary, the 10th percentile may be calculated using linear interpolation.

j. If a previously tested filter is modified in a manner that could change the removal efficiency of the filter product line, challenge testing to demonstrate the removal efficiency of the modified filter must be conducted and submitted to the Director.

2. Membrane Filtration.

a. PWSs receive Cryptosporidium treatment credit for membrane filtration that meets the criteria of this paragraph. Membrane cartridge filters that meet the definition of membrane filtration in § 1.2 of this Part are eligible for this credit. The level of treatment credit a PWS receives is equal to the lower of the values determined under §§ 1.6.9(S)(2)(a)((1)) and ((2)) of this Part.

(1) The removal efficiency demonstrated during challenge testing conducted under the conditions in § 1.6.9(S)(2)(b) of this Part.

(2) The maximum removal efficiency that can be verified through direct integrity testing used with the membrane filtration process under the conditions in § 1.6.9(S)(2)(c) of this Part.

b. Challenge Testing. The membrane used by the PWS must undergo challenge testing to evaluate removal efficiency, and the PWS must report the results of challenge testing to the Director. Challenge testing must be conducted according to the criteria in §§ 1.6.9(S)(2)(b)((1)) through ((7)) of this Part. PWSs may use data from challenge testing conducted prior to January 5, 2006 if the prior testing was consistent with the criteria in §§ 1.6.9(S)(2)(b)((1)) through ((7)) of this Part.

(1) Challenge testing must be conducted on either a full-scale membrane module, identical in material and construction to the membrane modules used in the PWS's treatment facility, or a smaller-scale membrane module, identical in material and similar in construction to the full-scale module. A module is defined as the smallest component of a membrane unit in which a specific membrane surface area is housed in a device with a filtrate outlet structure.

(2) Challenge testing must be conducted using Cryptosporidium oocysts or a surrogate that is removed no more efficiently than Cryptosporidium oocysts. The organism or surrogate used during challenge testing is referred to as the challenge particulate. The concentration of the challenge particulate, in both the feed and filtrate water, must be determined using a method capable of discretely quantifying the specific challenge particulate used in the test; gross measurements such as turbidity may not be used.

(3) The maximum feed water concentration that can be used during a challenge test is based on the detection limit of the challenge particulate in the filtrate and must be determined according to the following equation:

(AA) Maximum Feed Concentration = 3.16 x 106 x (Filtrate Detection Limit)

(4) Challenge testing must be conducted under representative hydraulic conditions at the maximum design flux and maximum design process recovery specified by the manufacturer for the membrane module. Flux is defined as the throughput of a pressure driven membrane process expressed as flow per unit of membrane area. Recovery is defined as the volumetric percent of feed water that is converted to filtrate over the course of an operating cycle uninterrupted by events such as chemical cleaning or a solids removal process (i.e., backwashing).

(5) Removal efficiency of a membrane module must be calculated from the challenge test results and expressed as a log removal value according to the following equation:

(AA) Equivalent units must be used for the feed and filtrate concentrations. If the challenge particulate is not detected in the filtrate, then the term Cp is be set equal to the detection limit for the purpose of calculating the LRV. An LRV must be calculated for each membrane module evaluated during the challenge test.

(6) The removal efficiency of a membrane filtration process demonstrated during challenge testing must be expressed as a log removal value (LRVC-Test). If fewer than twenty (20) modules are tested, then LRVC-Test is equal to the lowest of the representative LRVs among the modules tested. If twenty (20) or more modules are tested, then LRVC-Test is equal to the 10th percentile of the representative LRVs among the modules tested. The percentile is defined by (i/(n+1)) where i is the rank of n individual data points ordered lowest to highest. If necessary, the 10th percentile may be calculated using linear interpolation.

(7) The challenge test must establish a quality control release value (QCRV) for a non-destructive performance test that demonstrates the Cryptosporidium removal capability of the membrane filtration module. This performance test must be applied to each production membrane module used by the PWS that was not directly challenge tested in order to verify Cryptosporidium removal capability. Production modules that do not meet the established QCRV are not eligible for the treatment credit demonstrated during the challenge test.

(8) If a previously tested membrane is modified in a manner that could change the removal efficiency of the membrane or the applicability of the non-destructive performance test and associated QCRV, additional challenge testing to demonstrate the removal efficiency of, and determine a new QCRV for, the modified membrane must be conducted and submitted to the Director.

c. Direct Integrity Testing. PWSs must conduct direct integrity testing in a manner that demonstrates a removal efficiency equal to or greater than the removal credit awarded to the membrane filtration process and meets the requirements described in §§ 1.6.9(S)(2)(c)((1)) through ((6)) of this Part. A direct integrity test is defined as a physical test applied to a membrane unit in order to identify and isolate integrity breaches (i.e., one or more leaks that could result in contamination of the filtrate).

(1) The direct integrity test must be independently applied to each membrane unit in service. A membrane unit is defined as a group of membrane modules that share common valving that allows the unit to be isolated from the rest of the PWS for the purpose of integrity testing or other maintenance.

(2) The direct integrity method must have a resolution of three (3) micrometers or less, where resolution is defined as the size of the smallest integrity breach that contributes to a response from the direct integrity test.

(3) The direct integrity test must have a sensitivity sufficient to verify the log treatment credit awarded to the membrane filtration process by the Director, where sensitivity is defined as the maximum log removal value that can be reliably verified by a direct integrity test. Sensitivity must be determined using the approach in either §§ 1.6.9(S)(2)(c)((3))((AA)) or ((BB)) of this Part as applicable to the type of direct integrity test the PWS uses.

(AA) For direct integrity tests that use an applied pressure or vacuum, the direct integrity test sensitivity must be calculated according to the following equation:

(BB) For direct integrity tests that use a particulate or molecular marker, the direct integrity test sensitivity must be calculated according to the following equation:

(4) PWSs must establish a control limit within the sensitivity limits of the direct integrity test that is indicative of an integral membrane unit capable of meeting the removal credit awarded by the Director.

(5) If the result of a direct integrity test exceeds the control limit established under § 1.6.9(S)(2)(c)((4)) of this Part, the PWS must remove the membrane unit from service. PWSs must conduct a direct integrity test to verify any repairs, and may return the membrane unit to service only if the direct integrity test is within the established control limit.

(6) PWSs must conduct direct integrity testing on each membrane unit at a frequency of not less than once each day that the membrane unit is in operation. The Director may approve less frequent testing, based on demonstrated process reliability, the use of multiple barriers effective for Cryptosporidium, or reliable process safeguards.

d. Indirect Integrity Monitoring. PWSs must conduct continuous indirect integrity monitoring on each membrane unit according to the criteria in §§ 1.6.9(S)(2)(d)((1)) through ((5)) of this Part. Indirect integrity monitoring is defined as monitoring some aspect of filtrate water quality that is indicative of the removal of particulate matter. A PWS that implements continuous direct integrity testing of membrane units in accordance with the criteria in §§ 1.6.9(S)(2)(c)((1)) through ((5)) of this Part is not subject to the requirements for continuous indirect integrity monitoring. PWSs must submit a monthly report to the Director summarizing all continuous indirect integrity monitoring results triggering direct integrity testing and the corrective action that was taken in each case.

(1) Unless the Director approves an alternative parameter, continuous indirect integrity monitoring must include continuous filtrate turbidity monitoring.

(2) Continuous monitoring must be conducted at a frequency of no less than once every fifteen (15) minutes.

(3) Continuous monitoring must be separately conducted on each membrane unit.

(4) If indirect integrity monitoring includes turbidity and if the filtrate turbidity readings are above 0.15 NTU for a period greater than fifteen (15) minutes (i.e., two consecutive 15-minute readings above 0.15 NTU), direct integrity testing must immediately be performed on the associated membrane unit as specified in §§ 1.6.9(S)(2)(c)((1)) through ((5)) of this Part.

(5) If indirect integrity monitoring includes a Director-approved alternative parameter and if the alternative parameter exceeds a Director-approved control limit for a period greater than fifteen (15) minutes, direct integrity testing must immediately be performed on the associated membrane units as specified in §§ 1.6.9(S)(2)(c)((1)) through ((5)) of this Part.

3. Second Stage Filtration. PWSs receive 0.5-log Cryptosporidium treatment credit for a separate second stage of filtration that consists of sand, dual media, GAC, or other fine grain media following granular media filtration if the Director approves. To be eligible for this credit, the first stage of filtration must be preceded by a coagulation step and both filtration stages must treat the entire plant flow taken from a surface water or GWUDI source. A cap, such as GAC, on a single stage of filtration is not eligible for this credit. The Director must approve the treatment credit based on an assessment of the design characteristics of the filtration process.

4. Slow Sand Filtration (as secondary filter). PWSs are eligible to receive 2.5-log Cryptosporidium treatment credit for a slow sand filtration process that follows a separate stage of filtration if both filtration stages treat entire plant flow taken from a surface water or GWUDI source and no disinfectant residual is present in the influent water to the slow sand filtration process. The Director must approve the treatment credit based on an assessment of the design characteristics of the filtration process. This paragraph does not apply to treatment credit awarded to slow sand filtration used as a primary filtration process.

T. Inactivation Toolbox Components.

1. Calculation of CT Values.

a. CT is the product of the disinfectant contact time (T, in minutes) and disinfectant concentration (C, in milligrams per liter). PWSs with treatment credit for chlorine dioxide or ozone under §§ 1.6.9(T)(2) or (3) of this Part must calculate CT at least once each day, with both C and T measured during peak hourly flow as specified in § 1.21 of this Part.

b. PWSs with several disinfection segments in sequence may calculate CT for each segment, where a disinfection segment is defined as a treatment unit process with a measurable disinfectant residual level and a liquid volume. Under this approach, PWSs must add the Cryptosporidium CT values in each segment to determine the total CT for the treatment plant.

2. CT Values for Chlorine Dioxide and Ozone.

a. PWSs receive the Cryptosporidium treatment credit listed in this table by meeting the corresponding chlorine dioxide CT value for the applicable water temperature, as described in § 1.6.9(T)(1) of this Part.

b. PWSs receive the Cryptosporidium treatment credit listed in this table by meeting the corresponding ozone CT values for the applicable water temperature, as described in § 1.6.9(T)(1) of this Part.

3. Site-Specific Study. The Director may approve alternative chlorine dioxide or ozone CT values to those listed in § 1.6.9(T)(2) of this Part on a site-specific basis. The Director must base this approval on a site-specific study a PWS conducts that follows a Director-approved protocol.

4. Ultraviolet Light. PWSs receive Cryptosporidium, Giardia lamblia, and virus treatment credits for ultraviolet (UV) light reactors by achieving the corresponding UV dose values shown in § 1.6.9(T)(4)(a) of this Part. PWSs must validate and monitor UV reactors as described in § 1.6.9(T)(4)(b) and (c) of this Part to demonstrate that they are achieving a particular UV dose value for treatment credit.

a. UV Dose Table. The treatment credits listed in this table are for UV light at a wavelength of 254 nm as produced by a low-pressure mercury vapor lamp. To receive treatment credit for other lamp types, PWSs must demonstrate an equivalent germicidal dose through reactor validation testing, as described in § 1.6.9(T)(4)(b) of this Part. The UV dose values in this table are applicable only to post-filter applications of UV in filtered PWSs and to unfiltered PWSs.

b. Reactor Validation Testing. PWSs must use UV reactors that have undergone validation testing to determine the operating conditions under which the reactor delivers the UV dose required in § 1.6.9(T)(4)(a) of this Part (i.e., validated operating conditions).

(1) When determining validated operating conditions, PWSs must account for the following factors: UV absorbance of the water; lamp fouling and aging; measurement uncertainty of on-line sensors; UV dose distributions arising from the velocity profiles through the reactor; failure of UV lamps or other critical PWS components; and inlet and outlet piping or channel configurations of the UV reactor.

(2) Validation testing must include the following: Full scale testing of a reactor that conforms uniformly to the UV reactors used by the PWS and inactivation of a test microorganism whose dose response characteristics have been quantified with a low-pressure mercury vapor lamp.

(3) The Director may approve an alternative approach to validation testing.

c. Reactor Monitoring.

(1) PWSs must monitor their UV reactors to determine if the reactors are operating within validated conditions, as determined under § 1.6.9(T)(4)(b) of this Part. This monitoring must include UV intensity as measured by a UV sensor, flow rate, lamp status, and other parameters the State designates based on UV reactor operation. PWSs must verify the calibration of UV sensors and must recalibrate sensors in accordance with a protocol the Director approves.

(2) To receive treatment credit for UV light, PWSs must treat at least 95 percent of the water delivered to the public during each month by UV reactors operating within validated conditions for the required UV dose, as described in §§ 1.6.9(T)(4)(a) and (b) of this Part. PWSs must demonstrate compliance with this condition by the monitoring required under § 1.6.9(T)(4)(c)((1)) of this Part.

U. Reporting Requirements.

1. PWSs must report sampling schedules under § 1.6.9(C) of this Part and source water monitoring results under § 1.6.9(G) of this Part unless they notify the Director that they will not conduct source water monitoring due to meeting the criteria of §1.6.9(B)(4) of this Part.

2. Filtered PWSs must report their Cryptosporidium bin classification as described in § 1.6.9(K) of this Part.

3. Unfiltered PWSs must report their mean source water Cryptosporidium level as described in § 1.6.9(M) of this Part.

4. PWSs must report disinfection profiles and benchmarks to the Director as described in §§ 1.6.9(I) through (J) of this Part prior to making a significant change in disinfection practice.

5. PWSs must report to the Director in accordance with the following table for any microbial toolbox options used to comply with treatment requirements under §§ 1.6.9(L) or 1.6.9(M) of this Part. Alternatively, the Director may approve a PWS to certify operation within required parameters for treatment credit rather than reporting monthly operational data for toolbox options.

V. Recordkeeping Requirements.

1. PWSs must keep results from the initial round of source water monitoring under § 1.6.9(B)(1) of this Part and the second round of source water monitoring under § 1.6.9(B)(2) of this Part until three (3) years after bin classification under § 1.6.9(K) of this Part, for filtered PWSs or determination of the mean Cryptosporidium level under § 1.6.9(K) of this Part, for unfiltered PWSs for the particular round of monitoring.

2. PWSs must keep any notification to the Director that they will not conduct source water monitoring due to meeting the criteria of § 1.6.9(B)(4) of this Part, for three (3) years.

3. PWSs must keep the results of treatment monitoring associated with microbial toolbox options under §§ 1.6.9(P) through 1.6.9(T) of this Part as applicable, for three (3) years.

W. Requirements to Respond to Significant Deficiencies Identified in Sanitary Surveys Performed by the Director.

1. For the purposes of this section, a “sanitary survey,” as conducted by the Director, includes but is not limited to, an onsite review of the water source(s) (identifying sources of contamination by using results of source water assessments or other relevant information where available), facilities, equipment, operation, maintenance, and monitoring compliance of a PWS to evaluate the adequacy of the PWS, its sources and operations and the distribution of safe drinking water. The sanitary survey must include an evaluation of the applicable components listed in § 1.6.9(W)(1)(a) through (h):

a. Source,

b. Treatment,

c. Distribution system,

d. Finished water storage,

e. Pumps, pump facilities, and controls,

f. Monitoring, reporting, and data verification,

g. PWS management and operation, and

h. Operator compliance with Director requirements.

2. For the purposes of this section, significant deficiencies include, but are not limited to, defects in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the Director determines to be causing, or have potential for causing, the introduction of contamination into the water delivered to consumers.

3. For sanitary surveys performed by the Director, PWSs 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 PWS will address significant deficiencies noted in the survey.

4. PWSs must correct significant deficiencies identified in sanitary survey reports according to the schedule approved by the Director, or if there is no approved schedule, according to the schedule reported under § 1.6.9(W)(3) above if such deficiencies are within the control of the PWS.

1.6.10 Algal Toxins

A. Maximum Contaminant Levels (MCLs) for Algal Toxins

1. Microcystin: 0.3 micrograms per liter (?g/L), total concentration of all reported cogeners.

2. Anatoxin-a: 20 µg/L.

3. Cylindrospermopsin: 1 µg/L.

4. Saxitoxin: 0.2 µg/L, total concentration of all reported cogeners.

5. Exceedances of these MCLs in samples collected at finished water sampling point or a distribution sampling point will require additional monitoring, and potentially other actions as described in this Part.

B. Source Water Surveillance

1. Monitoring requirements are based on three levels of response: observation, screening, and algal toxin monitoring. Source waters shall be under increased observation for hazardous algal blooms (HABs) through direct surveillance by PWS personnel on a daily basis May through October, and at other times if so directed by the Director. Observations shall be recorded in a daily log and made available to the Director upon request.

2. If a PWS observes changes in raw source water commonly associated with an algal bloom (pH increase, shortened filter run times, increased chlorine demand, or taste and odor event), PWS personnel shall inspect the reservoir for visual evidence of a bloom to determine if cyanobacteria screening and/or algal toxin monitoring is required.

3. If a bloom is present, the PWS shall evaluate the extent of the reservoir affected, proximity of the bloom to the intake, depth of the intake, and treatment currently in use or available for use. Any available information on the algae conditions in the source waters, including algae identification, chlorophyll a, cell counts and biovolume, shall also be considered. In accordance with § 1.6.10(D) of this Part, the PWS shall determine if cyanobacteria screening or algal toxin monitoring must be initiated. If a source water is not being used as a source of supply while a bloom is present, then screening or monitoring shall not be required.

C. Bloom Severity

1. A bloom shall be described as severe, moderate, or minor based on cyanobacterial cell counts, biovolume, and other factors such as the presence of surface scum. Extent of the reservoir affected and proximity to the intake may also be considered. It may be necessary to make an initial assessment based on visual evidence, which can then be refined as additional information is collected. Since a severe bloom may not form a surface scum, in the absence of any additional data, a visible bloom shall be regarded as severe until additional data are collected.

2. Severe Bloom (meets any of the following):

a. Cell count greater than 70,000 cells /mL

b. Biovolume greater than 10 mm3 / L

c. Chlorophyll a* greater than 50 ?g/L

d. Significant scum or surface accumulation is present and/or significant concentration of cells are visible throughout the water column

e. Presence of algal toxins as indicated by test kit or lab analysis

3. Moderate Bloom (meets any of the following):

a. Cell count 10,000-70,000 cells /mL

b. Biovolume 1-10 mm3 / L

c. Chlorophyll a* 5-50 ?g/L

d. Minor scum or surface accumulation is present and/or bloom is visible throughout the water column

4. Minor Bloom (meets any of the following):

a. Cell count 4,000-10,000 cells /mL

b. Biovolume 0.4-1 mm3 / L

c. Chlorophyll a* 2-5 ?g/L

d. Some visual evidence of a bloom*

5. *Chlorophyll-a values are based on quantitative in vitro analysis. Semi-quantitative in vivo chlorophyll-a readings can also be used if they have been corrected for turbidity effects. In some situations, a severe bloom may be present but not visually evident. It is always best to confirm a bloom is not present through microscopic analysis of a raw water source.

D. Algal Bloom Response Actions

1. The decision to continue observation, conduct screening or proceed to algal toxin monitoring shall be determined on a case by case basis after considering the following factors:

a. Severity of the bloom, location of the bloom, size of reservoir and extent of the reservoir affected;

b. Likelihood of cyanobacterial cells or algal toxins being drawn into the intake, including proximity of bloom to the intake, depth of intake and wind/weather conditions;

c. Whether advanced treatment is in use and working properly (e.g. granular activated carbon, powdered activated carbon, ozonation);

d. Whether the PWS has observed changes in raw water quality (e.g. taste and odor events or pH increases) associated with the presence of a bloom;

e. Reported human illness or animal death associated with a cyanobacterial bloom;

f. Results of screening indicating that algal toxins may be present at levels of concern in raw or finished water; and

g. History of algal toxin-producing blooms.

2. The following table shall be used when determining proper response action.

3. Cyanobacteria Screening

a. When the proper response action consists of cyanobacteria screening, the PWS shall assess the algae conditions in its source waters using phytoplankton analysis for identification of cyanobacteria genera present, and cell count or biovolume information.

b. The PWS shall conduct screening at a minimum frequency of once per week while any of the following conditions occur:

(1) Observational information indicates that a bloom is present, but PWS is unable to determine the severity of the bloom, unless algal toxin monitoring is warranted;

(2) PWS observes changes in raw water quality (e.g. taste and odor evident in finished water or pH increases) associated with the presence of a bloom;

(3) Severe cyanobacterial bloom that is less likely to be drawn into the intake;

(4) Moderate cyanobacterial bloom that is less likely to be drawn into the intake at a PWS where there is no advanced treatment; and/or

(5) Moderate cyanobacterial bloom that is more likely to be drawn into the intake at a PWS where there is advanced treatment in operation.

c. Sample Location

(1) Phytoplankton samples shall be collected in the scum or biomass in areas where the bloom is concentrated.

4. Algal Toxin Monitoring

a. PWS shall conduct algal toxin monitoring when any of the following conditions occur:

(1) Severe cyanobacterial bloom that is more likely to be drawn into the intake;

(2) Moderate cyanobacterial bloom that is more likely to be drawn into the intake where advanced treatment is not in place or is not working properly;

(3) Reported human illness or animal death associated with a cyanobacterial bloom; and/or

(4) Results of screening indicate algal toxins may be present in raw or finished water.

b. Algal toxin monitoring shall include raw and finished water samples. The algal toxin testing shall include microcystin (total concentration of all reported cogeners), anatoxin-a, cylindrospermopsin and saxitoxin (total concentration of all reported cogeners). Additional toxin testing may be required by the Director on a case by case basis depending on the predominant genera and the toxins they can produce, and/or in the event of any reported health effects. Algal toxin monitoring shall continue weekly until algal toxins are less than fifty percent (50%) of the algal toxin MCL in both raw and finished water samples in two consecutive sampling events. PWSs shall return to screening and/or observation according to the current condition of the bloom. If treatment has been proven to be consistently effective at algal toxin removal, the Director may consider decreasing sampling frequency.

c. Sample Locations

(1) Raw water samples for algal toxin monitoring shall be collected from the raw water tap to characterize the quality of the water entering the treatment system.

(2) Finished water samples for algal toxin monitoring shall be collected at the entry point to the distribution system.

d. Algal toxin samples shall be collected and analyzed in accordance with § 1.21 of this Part.

5. Response to Algal Toxin MCL Exceedance

a. If any algal toxin exceeds the MCL listed in § 1.6.10(A) of this Part in any routine weekly samples collected at the finished water sampling point, the PWS shall:

(1) As soon as possible, but no later than twenty-four hours after receiving the results of the initial MCL exceedance, collect one resample from each raw water sampling point and one resample from each finished water sampling point. Analysis of resamples must be completed within twenty-four hours of collection.

(2) Within twenty-four hours of collecting the resamples, collect one repeat sample from each finished water sampling point. Analysis of repeat samples must be completed within twenty-four hours of collection.

(3) If any algal toxin concentration exceeds the MCL in any resample or repeat sample collected at a finished water sampling point, as soon as practical but no more than three hours after receiving the sample results, the surface water PWS shall notify all consecutive PWSs of the MCL exceedance. The surface water PWS, within twenty-four hours of receiving the sample results, shall collect samples at each routine coliform sampling site as identified under § 1.16.4 of this Part. Additional distribution system monitoring may be required by the Director based on sampling results and other relevant circumstances. Analysis of distribution samples must be completed within twenty-four hours of collection.

b. Consecutive PWS receiving water from a surface water PWS.

(1) Within twenty-four hours of receiving notification of an MCL exceedance in accordance with § 1.6.10(A) of this Part, the consecutive PWS shall collect samples at each routine coliform sampling site as identified in § 1.16.4 of this Part.

(2) Additional distribution system monitoring may be required by the Director based on sampling results and other relevant circumstances.

(3) Analysis of distribution samples must be completed within twenty-four hours of collection.

c. Revised cyanobacteria screening or algal toxin monitoring frequency.

(1) The cyanobacteria screening or algal toxin monitoring frequency may be revised at the discretion of the Director.

(2) When establishing the revised schedule, the Director may consider cyanobacteria screening data collected in accordance with this Part, algal toxin data, and other information provided by the PWS, including data from other screening tools (such as phycocyanin sensors or phytoplankton enumeration) and treatment information.

(3) Surface water PWSs shall monitor in accordance with the revised cyanobacteria screening or revised routine algal toxin monitoring schedule established by the Director.

d. Monitoring extension.

(1) Upon a request from a PWS, the Director may agree to extend the twenty-four-hour monitoring requirement for resample, repeat or distribution samples required pursuant to this Part on a case-by-case basis when the PWS has a logistical problem collecting samples within twenty-four hours or with analyzing samples in accordance with the requirements of this Part.

(2) When an extension is agreed to by the Director, the Director shall specify in writing how much time the PWS has to monitor.

(3) Examples of potential logistical problems include, but are not limited to:

(AA) Extreme weather conditions create unsafe travel or on-site conditions for the person collecting the sample.

(BB) Limited certified laboratory capacity on weekends and holidays.

6. Harmful Algal Blooms - Treatment

a. This rule applies to all PWSs except consecutive PWS.

b. All § 1.6 PWS shall develop and submit to the Director written treatment optimization protocols. The protocols shall include treatment adjustments that will be made under various raw and finished water conditions. In developing the protocols, the PWS shall review and optimize existing treatment for algal toxins, considering effective strategies for algal toxin treatment such as:

(1) Avoiding lysing cyanobacterial cells;

(2) Optimizing removal of intact cells;

(3) Optimizing barriers for extracellular algal toxin removal or destruction;

(4) Optimizing sludge removal; and

(5) Discontinuing or minimizing backwash recycling.

c. The treatment optimization protocols shall be submitted to the Director in accordance with the following timelines:

(1) Within thirty days of the effective date of this rule, for PWSs which have detected algal toxins in a sample collected prior to the effective date of this rule.

(2) Within one year of the effective date of this rule, for PWSs which have not detected algal toxins in a sample collected prior to the effective date of this rule, or within thirty days of a detected algal toxin, whichever comes first.

d. A PWS shall comply with all of the following when monitoring conducted in accordance with this Section indicates algal toxin concentrations exceed the MCL in a sample collected at the raw water sampling point more than once within a consecutive twelve-month period, or when algal toxins are detected in a sample collected at a finished water sampling point or a distribution sampling point:

(1) Within one hundred and twenty days, the PWS shall submit an algal toxin general plan to the Director for approval. The algal toxin general plan shall include both short-term and long-term actions to prevent exceedances of the algal toxin MCLs established in § 1.6.10(A) of this Part in finished water. The algal toxin general plan shall include a schedule for implementation or a demonstration that existing practices are sufficient to prevent exceedances of the algal toxin MCLs in finished water.

(2) Implement the approved algal toxin general plan in accordance with the approved schedule.

e. Continue to monitor for algal toxins in accordance with §§ 1.6.10(B), (C) and (D) of this Part to demonstrate treatment effectiveness.

f. Failure to comply with screening and toxin monitoring requirements in §§ 1.6.10(D)(3) and (4) of this Part is a monitoring violation and requires the PWS to provide Tier 2 public notification in accordance with § 1.16.6 of this Part. Failure to comply with resample and repeat sample requirements in § 1.6.10(D)(5)(a) of this Part is a monitoring violation and requires the PWS to provide a Tier 1 public notification in accordance with § 1.16.6 of this Part.

g. If the PWS does not comply with §§ 1.6.10(D)(5)(b) through 1.6.10(D)(5)(d) of this Part, the PWS is in violation of the treatment technique requirements of this Part and shall issue Tier 2 public notification in accordance with § 1.16.6 of this Part using the standard health effects language in § 1.16.8 of this Part.

7. Public Notification and Data Reporting

a. The failure to complete any screening or monitoring requirement, the presence of a severe bloom in a source being used for water supply, all raw water screening for cyanobacteria, and monitoring results for algal toxins shall be reported to the Director within the first ten days following the month in which the bloom occurred, or the results were received. Any finished water monitoring result in which algal toxin is detected shall be reported no later than the next business day following the day that the PWS learns of the detection.

b. A PWS which has exceeded the MCL for an algal toxin in finished water must notify the public in accordance with § 1.16.6 of this Part Tier 1 public noticing requirements and as indicated below, using the standard health effects language of § 1.16.8 of this Part.

c. The use restrictions may be modified when toxin levels for two consecutive samples collected at least twenty-four hours apart indicate modification would be appropriate. This change will require additional public notification.

d. The PWS may end the issuance of public notification when the algal toxin levels in finished water are below the MCL in two consecutive samples collected a minimum of twenty-four hours apart.

e. A PWS that fails to screen for cyanobacteria or monitor for algal toxins in accordance with the requirements of § 1.6.10 of this Part must notify the public in accordance with § 1.16.6 of this Part.

1.7.1 General Requirements

A. Applicability and Effective Dates

1. The requirements of § 1.7 of this Part constitute the national primary drinking water regulations for lead and copper. Unless otherwise indicated, each of the provisions of this Section applies to community PWS and non-transient, non-community PWS (hereinafter referred to as “PWS”).

B. Scope. This Part establishes 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 ten (10) percent of tap water samples collected during any monitoring period conducted in accordance with § 1.7.7 of this Part, is greater than 0.015 mg/L (i.e., if the “90th percentile” lead level is greater than 0.015 mg/L).

2. The copper action level is exceeded if the concentration of copper in more than ten (10) percent of tap water samples collected during any monitoring period conducted in accordance with § 1.7.7 of this Part is greater than 1.3 mg/L (i.e., if the “90th percentile” copper level is greater than 1.3 mg/L).

3. The 90th percentile lead and copper levels shall be computed as follows:

a. The results of all lead or copper samples taken during a monitoring period shall be placed in ascending order from the sample with the lowest concentration to the sample with the highest concentration. Each sampling result shall be assigned a number, ascending by single integers beginning with the number 1 for the sample with the lowest contaminant level. The number assigned to the sample with the highest contaminant level shall be equal to the total number of samples taken.

b. The number of samples taken during the monitoring period shall be multiplied by 0.9.

c. The contaminant concentration in the numbered sample yielded by the calculation in § 1.7.1(C)(3)(b) of this Part is the 90th percentile contaminant level.

d. For PWS serving fewer than one hundred (100) people that collect five (5) samples per monitoring period, the 90th percentile is computed by taking the average of the highest and second highest concentrations.

e. For a PWS that has been allowed by the Director to collect fewer than five samples in accordance with § 1.7.7(C) of this Part, the sample result with the highest concentration is considered the 90th percentile value

D. Corrosion Control Treatment Requirements

1. All PWS shall install and operate optimal corrosion control treatment as defined in § 1.2 of this Part.

2. Any PWS that complies with the applicable corrosion control treatment requirements specified by the Director under §§ 1.7.2 and 1.7.3 of this Part, shall be deemed in compliance with the treatment requirement contained in § 1.7.1(D)(1) of this Part.

E. Source Water Treatment Requirements. Any PWS exceeding the lead or copper action level shall implement all applicable source water treatment requirements specified by the Director under § 1.7.4 of this Part.

F. Lead Service Line Replacement Requirements. Any PWS exceeding the lead action level after implementation of applicable corrosion control and source water treatment requirements shall complete the lead service line replacement requirements contained in § 1.7.5 of this Part.

G. Public Education Requirements. Pursuant to § 1.7.6 of this Part, all PWSs must provide a consumer notice of lead tap water monitoring results to persons served at the sites (taps) that are tested. Any PWS exceeding the lead action level shall implement the public education requirements.

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 §§ 1.7.7, 1.7.8, 1.7.9 and 1.7.10 of this Part.

I. Reporting Requirements. PWSs shall report to the Director any information required by the treatment provisions of this subpart and § 1.7.11 of this Part.

J. Record-Keeping Requirements. PWSs shall maintain records in accordance with § 1.7.12 of this Part.

K. Failure to comply with the applicable requirements of §§ 1.7.1 through 1.7.12 of this Part, including requirements established by the Director pursuant to these provisions, shall constitute a violation of this Part.

1.7.2 Applicability of Corrosion Control Treatment Steps to Small, Medium-size, and Large PWS

A. PWS shall complete the applicable corrosion control treatment requirements described in § 1.7.3 of this Part, by the deadlines established in this section.

1. A large PWS (serving more than 50,000 persons) shall complete the corrosion control treatment steps specified in § 1.7.2(D) of this Part, unless it is deemed to have optimized corrosion control under §§ 1.7.2(B)(2) or (3) of this Part.

2. A small PWS (serving ? 3,300 persons) and a medium-size PWS (serving more than 3,300 and ? 50,000 persons) shall complete the corrosion control treatment steps specified in § 1.7.2(E) of this Part, unless it is deemed to have optimized corrosion control under §§ 1.7.2(B)(1), (2), or (3) of this Part.

B. A PWS is deemed to have optimized corrosion control and is not required to complete the applicable corrosion control treatment steps identified in this section if the PWS satisfies one (1) of the criteria specified in §§ 1.7.2(B)(1) through (3) of this Part. Any such PWS 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 Director determines appropriate to ensure optimal corrosion control treatment is maintained.

1. A small or medium-size PWS is deemed to have optimized corrosion control if the PWS meets the lead and copper action levels during each of two (2) consecutive six-month monitoring periods conducted in accordance with § 1.7.7 of this Part.

2. Any PWS may be deemed by the Director to have optimized corrosion control treatment if the PWS demonstrates to the satisfaction of the Director that it has conducted activities equivalent to the corrosion control steps applicable to such PWS under this Section. If the Director makes this determination, the Director shall provide the PWS with written notice explaining the basis for his decision and shall specify the water quality control parameters representing optimal corrosion control in accordance with § 1.7.3(G) of this Part. PWS deemed to have optimized corrosion control under this paragraph shall operate in compliance with the Director-designated optimal water quality control parameters in accordance with § 1.7.3(H) of this Part, and continue to conduct lead and copper tap and water quality parameter sampling in accordance with §§ 1.7.7(D)(3) and 1.7.8(E) of this Part, respectively. A PWS shall provide the Director with the following information in order to support a determination under this paragraph:

a. The results of all test samples collected for each of the water quality parameters in § 1.7.3(D)(3) of this Part.

b. A report explaining the test methods used by the PWS to evaluate the corrosion control treatments listed in § 1.7.3(D)(1) of this Part, the results of all tests conducted, and the basis for the PWS's selection of optimal corrosion control treatment;

c. 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; and

d. The results of tap water samples collected in accordance with § 1.7.7 of this Part, at least once every six (6) months for one (1) year after corrosion control has been installed.

3. Any PWS is deemed to have optimized corrosion control if it submits results of tap water monitoring conducted in accordance with § 1.7.7 of this Part and source water monitoring conducted in accordance with § 1.7.9 of this Part that demonstrates for two (2) consecutive six-month monitoring periods that the difference between the 90th percentile tap water lead level computed under § 1.7.1(C)(3) of this Part, and the highest source water lead concentration, is less than the Practical Quantitation Level for lead specified in § 1.7.10(A)(1)(b) of this Part.

a. Those PWSs 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 level is less than or equal to the Practical Quantitation Level for lead for two (2) consecutive 6-month monitoring periods.

b. Any PWS 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 (3) calendar years using the reduced number of sites specified in § 1.7.7(C) of this Part and collecting the samples at times and locations specified in § 1.7.7(D)(4)(d) of this Part.

c. Any PWS deemed to have optimized corrosion control pursuant to this paragraph shall notify the Director in writing pursuant to § 1.7.11(B)(3) of this Part, of any upcoming long-term change in treatment or addition of a new source as described in that section. The Director must review and approve the addition of a new source or long-term change in water treatment before it is implemented by the PWS. The Director may require any such PWS to conduct additional monitoring or to take other action the Director deems appropriate to ensure that such PWSs maintain minimal levels of corrosion in the distribution system.

d. As of July 12, 2001, a PWS is not deemed to have optimized corrosion control under this paragraph, and shall implement corrosion control treatment pursuant to § 1.7.2(B)(3)(e) of this Part, unless it meets the copper action level.

e. Any PWS 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 § 1.7.2(E) of this Part. Any such large PWS shall adhere to the schedule specified in that paragraph for medium-size PWSs, with the time periods for completing each step being triggered by the date the PWS is no longer deemed to have optimized corrosion control under this paragraph.

C. Any small or medium-size PWS that is required to complete the corrosion control steps due to its exceedance of the lead or copper action level may cease completing the treatment steps whenever the PWS meets both action levels during each of two (2) consecutive monitoring periods conducted pursuant to § 1.7.7 of this Part, and submits the results to the Director. If any such PWS thereafter exceeds the lead or copper action level during any monitoring period, the PWS shall recommence completion of the applicable treatment steps, beginning with the first treatment step which was not previously completed in its entirety. The Director may require a PWS to repeat treatment steps previously completed by the PWS where the Director determines that this is necessary to implement properly the treatment requirements of this Section. The Director shall notify the PWS in writing of such a determination and explain the basis for its decision. The requirement for any small or medium-size PWS to implement corrosion control treatment steps in accordance with § 1.7.2(E) of this Part (including PWSs deemed to have optimized corrosion control under § 1.7.2(B)(1) of this Part) is triggered whenever any small or medium-size PWS exceeds the lead or copper action level.

D. Treatment Steps and Deadlines for Large PWSs. Except as provided in §§ 1.7.2(B)(2) and (3) of this Part, large PWSs shall complete the following corrosion control treatment steps (described in the referenced portions of §§ 1.7.3, 1.7.7, and 1.7.8 of this Part) by the indicated dates.

1. Step 1: The PWS shall conduct initial monitoring (§§ 1.7.7(D)(1) and 1.7.8(C) of this Part) during two (2) consecutive six-month monitoring periods within twelve (12) months of beginning operation.

2. Step 2: The PWS shall complete corrosion control studies (§ 1.7.3(D) of this Part) within thirty (30) months of beginning operation.

3. Step 3: The Director shall designate optimal corrosion control treatment (§ 1.7.3(E) of this Part) within thirty-six (36) months of beginning operation.

4. Step 4: The PWS shall install optimal corrosion control treatment (§ 1.7.3(F) of this Part) within sixty (60) months of beginning operation.

5. Step 5: The PWS shall complete follow-up sampling (§§ 1.7.7(D)(2) and 1.7.8(D) of this Part) within seventy-two (72) months of beginning operation.

6. Step 6: The Director shall review installation of treatment and designate optimal water quality control parameters (§ 1.7.3(G) of this Part) within seventy-eight (78) months of beginning operation.

7. Step 7: The PWS shall operate in compliance with the Director-specified optimal water quality control parameters (§ 1.7.3(H) of this Part) and continue to conduct tap sampling (§§ 1.7.7(D)(3) and 1.7.8(E) of this Part).

E. Treatment Steps and Deadlines for Small and Medium-size PWS. Except as provided in § 1.7.2(B) of this Part, small and medium-size PWS shall complete the following corrosion control treatment steps (described in the referenced portions of §§ 1.7.3, 1.7.7 and 1.7.8 of this Part) by the indicated time periods.

1. Step 1: The PWS shall conduct initial tap sampling (§§ 1.7.7(D)(1) and 1.7.8(C) of this Part) until the PWS either exceeds the lead or copper action level or becomes eligible for reduced monitoring under § 1.7.7(D)(4) of this Part. A PWS exceeding the lead or copper action level shall recommend optimal corrosion control treatment (§ 1.7.3(B) of this Part) within six (6) months after the end of the monitoring period during which it exceeds one (1) of the action levels.

2. Step 2: Within twelve (12) months after the end of the monitoring period during which a PWS exceeds the lead or copper action level, the Director may require the PWS to perform corrosion control studies (§ 1.7.3(C) of this Part). If the Director does not require the PWS to perform such studies, the Director shall specify optimal corrosion control treatment (§ 1.7.3(E) of this Part) within the following time frames:

a. for medium-size PWS, within eighteen (18) months after the end of the monitoring period during which such PWS exceeds the lead or copper action level,

b. for small PWS, within twenty-four (24) months after the end of the monitoring period during which such PWS exceeds the lead or copper action level.

3. Step 3: If the Director requires a PWS to perform corrosion control studies under step 2, the PWS shall complete the studies (§ 1.7.3(D) of this Part) within 18 months after the Director requires that such studies be conducted.

4. Step 4: If the PWS has performed corrosion control studies under step 2, the Director shall designate optimal corrosion control treatment (§ 1.7.3(E) of this Part) within 6 months after completion of Step 3.

5. Step 5: The PWS shall install optimal corrosion control treatment (§ 1.7.3(F) of this Part) within twenty-four (24) months after the Director designates such treatment.

6. Step 6: The PWS shall complete follow-up sampling (§§ 1.7.7(D)(2) and 1.7.8(D) this Part) within thirty-six (36) months after the Director designates optimal corrosion control treatment.

7. Step 7: The Director shall review the PWS's installation of treatment and designate optimal water quality control parameters (§ 1.7.3(G) of this Part) within six (6) months after completion of Step 6.

8. Step 8: The PWS shall operate in compliance with the Director-designated optimal water quality control parameters (§ 1.7.3(H) of this Part) and continue to conduct tap sampling (§§ 1.7.7(D)(3) and 1.7.8(E) of this Part).

1.7.3 Description of Corrosion Control Treatment Requirements.

A. Each PWS shall complete the corrosion control treatment requirements described below which are applicable to such PWS under § 1.7.2 of this Part.

B. PWS Recommendation Regarding Corrosion Control Treatment. Based upon the results of lead and copper tap monitoring and water quality parameter monitoring, small and medium- size PWS exceeding the lead or copper action level shall recommend installation of one (1) or more of the corrosion control treatments listed in § 1.7.3(D)(1) of this Part, which the PWS believes constitutes optimal corrosion control for that PWS. The Director may require the PWS to conduct additional water quality parameter monitoring in accordance with § 1.7.8(C) of this Part, to assist the Director in reviewing the PWS's recommendation.

C. Decision to Require Studies of Corrosion Control Treatment (Applicable to Small and Medium-size PWS. The Director may require any small or medium-size PWS that exceeds the lead or copper action level to perform corrosion control studies under § 1.7.3(D) of this Part, to identify optimal corrosion control treatment for the PWS.

D. Performance of Corrosion Control Studies.

1. Any PWS performing corrosion control studies shall evaluate the effectiveness of each of the following treatments, and, if appropriate, combinations of the following treatments to identify the optimal corrosion control treatment for that PWS:

a. alkalinity and pH adjustment;

b. calcium hardness adjustment; and

c. the addition of a phosphate or silicate based corrosion inhibitor at a concentration sufficient to maintain an effective residual concentration in all test tap samples.

2. The PWS shall evaluate each of the corrosion control treatments using either pipe rig/loop tests, metal coupon tests, partial-system tests, or analyses based on documented analogous treatments with other PWS of similar size, water chemistry and distribution system configuration.

3. The PWS shall measure the following water quality parameters in any tests conducted under this paragraph before and after evaluating the corrosion control treatments listed above:

a. Lead;

b. Copper;

c. pH;

d. Alkalinity;

e. Calcium;

f. Conductivity;

g. Orthophosphate (when an inhibitor containing a phosphate compound is used);

h. Silicate (when an inhibitor containing a silicate compound is used); and

i. Water temperature.

4. The PWS shall identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment and document such constraints with at least one (1) of the following:

a. data and documentation showing that a particular corrosion control treatment has adversely affected other water treatment processes when used by another PWS with comparable water quality characteristics; and/or

b. data and documentation demonstrating that the PWS has previously attempted to evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely affects other water quality treatment processes.

5. The PWS shall evaluate the effect of the chemicals used for corrosion control treatment on other water quality treatment processes.

6. On the basis of an analysis of the data generated during each evaluation, the PWS shall recommend to the Director in writing the treatment option that the corrosion control studies indicate constitutes optimal corrosion control treatment for that PWS. The PWS shall provide a rationale for its recommendation along with all supporting documentation specified in §§ 1.7.3(D)(1) through (5) of this Part.

E. Designation of Optimal Corrosion Control Treatment

1. Based upon consideration of available information including, where applicable, studies performed under § 1.7.3(D) of this Part, and a PWS's recommended treatment alternative, the Director shall either approve the corrosion control treatment option recommended by the PWS, or designate alternative corrosion control treatment(s) from among those listed in § 1.7.3(D)(1) of this Part. When designating optimal treatment, the Director shall consider the effects that additional corrosion control treatment will have on water quality parameters and on other water quality treatment processes.

2. The Director shall notify the PWS of his or her decision on optimal corrosion control treatment in writing and explain the basis for this determination. If the Director requests additional information to aid his or her review, the PWS shall provide the information.

F. Installation of Optimal Corrosion Control. Each PWS shall properly install and operate throughout its distribution system the optimal corrosion control treatment designated by the Director under § 1.7.3(E) of this Part.

G. Review of Treatment and Specification of Optimal Water Quality Control Parameters. The Director shall evaluate the results of all lead and copper tap samples and water quality parameter samples submitted by the PWS and determine whether the PWS has properly installed and operated the optimal corrosion control treatment designated by the Director in § 1.7.3(E) of this Part. Upon reviewing the results of tap water and water quality parameter monitoring by the PWS, both before and after the PWS installs optimal corrosion control treatment, the Director shall designate:

1. A minimum value or a range of values for pH measured at each entry point to the distribution system;

2. A minimum pH value, measured in all tap samples. Such value shall be equal to or greater than 7.0, unless the Director determines that meeting a pH level of 7.0 is not technologically feasible or is not necessary for the PWS to optimize corrosion control;

3. If a corrosion inhibitor is used, a minimum concentration or a range of concentrations for the inhibitor, measured at each entry point to the distribution system and in all tap samples, that the Director determines is necessary to form a passivating film on the interior walls of the pipes of the distribution system;

4. If alkalinity is adjusted as part of optimal corrosion control treatment, a minimum concentration, or a range of concentrations for alkalinity, measured at each entry point to the distribution system and in all tap samples;

5. If calcium carbonate stabilization is used as part of corrosion control, a minimum concentration or a range of concentrations for calcium, measured in all tap samples.

6. The values for the applicable water quality control parameters listed above shall be those that the Director determines to reflect optimal corrosion control treatment for the PWS. The Director may designate values for additional water quality control parameters determined by the Director to reflect optimal corrosion control for the PWS. The Director shall notify the PWS in writing of these determinations and explain the basis for his decisions.

H. Continued Operation and Monitoring. All PWS optimizing corrosion control shall continue to operate and maintain optimal corrosion control treatment, including maintaining water quality parameters at or above minimum values or within ranges designated by the Director under § 1.7.3(G) of this Part, in accordance with this paragraph for all samples collected under §§ 1.7.8(E) through (G) of this Part. Compliance with the requirements of this paragraph shall be determined every six (6) months, as specified under § 1.7.8(E) of this Part. A PWS is out of compliance with the requirements of this paragraph for a six-month period if it has excursions for any Director- specified parameter on more than nine (9) days during the period. An excursion occurs whenever the daily value for one or more of the water quality parameters measured at a sampling location is below the minimum value or outside the range designated by the Director. Daily values are calculated as follows. The Director has the discretion to delete results of obvious sampling errors from this calculation.

1. On days when more than one (1) measurement for the water quality parameter is collected at the sampling location, the daily value shall be the average of all results collected during the day regardless of whether they are collected through continuous monitoring, grab sampling, or a combination of both.

2. On days when only one (1) measurement for the water quality parameter is collected at the sampling location, the daily value shall be the result of that measurement.

3. On days when no measurement is collected for the water quality parameter at the sampling location, the daily value shall be the daily value calculated on the most recent day on which the water quality parameter was measured at the sample site.

I. Modification of the Director's Treatment Decisions. Upon his or her own initiative or in response to a request by a PWS or other interested party, the Director may modify his or her determination of the optimal corrosion control treatment under § 1.7.3(E) of this Part or optimal water quality control parameters under § 1.7.3(G) of this Part. A request for modification by a PWS or other interested party shall be in writing, explain why the modification is appropriate and provide supporting documentation. The Director may modify his or her determination where s/he concludes that such change is necessary to ensure that the PWS continues to optimize corrosion control treatment. A revised determination shall be made in writing, set forth the new treatment requirements, explain the basis for the Director's decision and provide an implementation schedule for completing the treatment modifications.

1.7.4 Source Water Treatment Requirements.

A. PWS shall complete the applicable source water monitoring and treatment requirements (described in the referenced portions of §§ 1.7.4(C), 1.7.7, and 1.7.9 of this Part) by the following deadlines.

B. Deadlines for Completing Source Water Treatment Steps

1. Step 1: A PWS exceeding the lead or copper action level shall complete lead and copper source water monitoring (§ 1.7.9(B) of this Part) and make a treatment recommendation to the Director (§ 1.7.4(C)(1) of this Part) no later than 180 days after the end of the monitoring period during which the lead or copper action level was exceeded.

2. Step 2: The Director shall make a determination regarding source water treatment (§ 1.7.4(C)(2) of this Part) within six (6) months after submission of monitoring results under Step 1.

3. Step 3: If the Director requires installation of source water treatment, the PWS shall install the treatment (§ 1.7.4(C)(3) of this Part) within twenty-four (24) months after completion of Step 2.

4. Step 4: The PWS shall complete follow-up tap water monitoring (§ 1.7.7(D)(2) of this Part) and source water monitoring (§ 1.7.9(C) of this Part) within thirty-six (36) months after completion of Step 2.

5. Step 5: The Director shall review the PWS’s installation and operation of source water treatment and specify maximum permissible source water levels (§ 1.7.4(C)(4) of this Part) within six (6) months after completion of Step 4.

6. Step 6: The PWS shall operate in compliance with the Director-specified maximum permissible lead and copper source water levels (§ 1.7.4(C)(4) of this Part) and continue source water monitoring (§ 1.7.9(D) of this Part).

C. Description of Source Water Treatment Requirements

1. PWS Treatment Recommendation. Any PWS which exceeds the lead or copper action level shall recommend in writing to the Director the installation and operation of one (1) of the source water treatments listed in § 1.7.4(C)(2) of this Part. A PWS 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. The Director shall complete an evaluation of the results of all source water samples submitted by the PWS to determine whether source water treatment is necessary to minimize lead or copper levels in water delivered to users' taps. If the Director determines that treatment is needed, the Director shall either require installation and operation of the source water treatment recommended by the PWS (if any) or require the installation and operation of another source water treatment from among the following: ion exchange, reverse osmosis, lime softening or coagulation/filtration. If the Director requests additional information to aid in his review, the PWS shall provide the information by the date specified by the Director in his request. The Director shall notify the PWS in writing of its determination and set forth the basis for its decision.

3. Installation of Source Water Treatment. Each PWS shall properly install and operate the source water treatment designated by the Director under § 1.7.4(C)(2) of this Part.

4. The Director shall review the source water samples taken by the PWS both before and after the PWS installs source water treatment, and determine whether the PWS has properly installed and operated the source water treatment designated by the Director. Based upon his or her review, the Director 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 Director shall notify the PWS in writing and explain the basis for his or her decision.

5. Continued Operation and Maintenance. Each PWS shall maintain lead and copper levels below the maximum permissible concentrations designated by the Director at each sampling point monitored in accordance with § 1.7.9 of this Part. The PWS is out of compliance with this paragraph if the level of lead or copper at any sampling point is greater than the maximum permissible concentration designated by the Director.

6. Modification of Treatment Decisions. Upon his or her own initiative or in response to a request by a PWS or other interested party, the Director may modify his or her determination of the source water treatment under § 1.7.4(C)(2) of this Part, or maximum permissible lead and copper concentrations for finished water entering the distribution system under § 1.7.4(C)(4) of this Part. A request for modification by a PWS or other interested party shall be in writing, explain why the modification is appropriate and provide supporting documentation. The Director may modify his or her determination where s/he concludes that such change is necessary to ensure that the PWS 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 Director's decision, and provide an implementation schedule for completing the treatment modifications.

1.7.5 Lead Service Line Replacement Requirements

A. PWS that fail to meet the lead action level in tap samples taken pursuant to § 1.7.7(D)(2) of this Part, after installing corrosion control and/or source water treatment (whichever sampling occurs later), shall replace lead service lines in accordance with the requirements of this Part. If a PWS is in violation of §§ 1.7.2 or 1.7.4 of this Part for failure to install source water or corrosion control treatment, the Director may require the PWS to commence lead service line replacement under this section after the date by which the PWS was required to conduct monitoring under § 1.7.7(D)(2) of this Part has passed.

B. A PWS shall replace annually at least seven (7) percent of the initial number of lead service lines in its distribution system. The initial number of lead service lines is the number of lead lines in place at the time the replacement program begins. The PWS shall identify the initial number of lead service lines in its distribution system, including an identification of the portion(s) owned by the PWS, based upon a materials evaluation, including the evaluation required under § 1.7.7(A) of this Part, and relevant legal authorities (e.g., contracts, local ordinances) regarding the portion owned by the PWS. The first year of lead service line replacement shall begin on the first day following the end of the monitoring period in which the action level was exceeded under § 1.7.5(A) of this Part. If monitoring is required annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs. If the Director has established an alternate monitoring period, then the end of the monitoring period will be the last day of that period.

1. Any PWS resuming a lead service line replacement program after the cessation of its lead service line replacement program as allowed by § 1.7.5(F) of this Part, shall update its inventory of lead service lines to include those sites that were previously determined not to require replacement through the sampling provision under § 1.7.5(C) of this Part. The PWS will then divide the updated number of remaining lead service lines by the number of remaining years in the program to determine the number of lines that must be replaced per year (7 percent lead service line replacement is based on a 15-year replacement program, so, for example, PWSs resuming lead service line replacement after previously conducting two years of replacement would divide the updated inventory by 13). For those PWS that have completed a 15-year lead service line replacement program, the Director will determine a schedule for replacing or retesting lines that were previously tested out under the replacement program when the PWS re-exceeds the action level.

C. A PWS is not required to replace an individual lead service line if the lead concentration in all service line samples from that line, taken pursuant to § 1.7.7(B)(3) of this Part, is less than or equal to 0.015 mg/L.

D. A PWS shall replace that portion of the lead service line that it owns. In cases where the PWS does not own the entire lead service line, the PWS shall notify the owner of the line, or the owner's authorized agent, that the PWS will replace the portion of the service line that it owns and shall offer to replace the owner’s portion of the line. A PWS is not required to bear the cost of replacing the privately-owned portion of the line, nor is it required to replace the privately-owned portion where the owner chooses not to pay the cost of replacing the privately-owned portion of the line, or where replacing the privately-owned portion would be precluded by the State, local or common law. A PWS that does not replace the entire length of the service line also shall complete the following tasks.

1. At least forty-five (45) days prior to commencing with the partial replacement of a lead service line, the PWS shall provide notice to the resident(s) of all buildings served by the line explaining that they may experience a temporary increase of lead levels in their drinking water, along with guidance on measures consumers can take to minimize their exposure to lead. The Director may allow the PWS to provide notice under the previous sentence less than forty-five (45) days prior to commencing partial lead service line replacement where such replacement is in conjunction with emergency repairs. In addition, the PWS shall inform the resident(s) served by the line that the PWS will, at the PWS’s expense, collect a sample from each partially-replaced lead service line that is representative of the water in the service line for analysis of lead content, as prescribed under § 1.7.7(B)(3) of this Part, within seventy-two (72) hours after the completion of the partial replacement of the service line. The PWS shall collect the sample and report the results of the analysis to the owner and the resident(s) served by the line within three (3) business days of receiving the results. Mailed notices post-marked within three (3) business days of receiving the results shall be considered “on time.”

2. The PWS shall provide the information required by § 1.7.5(D)(1) of this Part to the residents of individual dwellings by mail or by other methods approved by the Director. In instances where multi-family dwellings are served by the line, the PWS shall have the option to post the information at a conspicuous location.

E. The Director shall require a PWS to replace lead service lines on a shorter schedule than that required by this section, taking into account the number of lead service lines in the PWS, where such a shorter replacement schedule is feasible. The Director shall make this determination in writing and notify the PWS of its finding within six (6) months after the PWS is triggered into lead service line replacement based on monitoring referenced in § 1.7.5(A) of this Part.

F. Any PWS may cease replacing lead service lines whenever first draw samples collected pursuant to § 1.7.7(B)(2) of this Part, meet the lead action level during each of two (2) consecutive monitoring periods and the PWS submits the results to the Director. If the first draw tap samples collected in any such PWS thereafter exceeds the lead action level, the PWS shall recommence replacing lead service lines, pursuant to § 1.7.5(B)(1) of this Part.

G. To demonstrate compliance with §§ 1.7.5(A) through (D) of this Part, a PWS shall report to the Director the information specified in § 1.7.11(F) of this Part.

1.7.6 Public Education and Supplemental Monitoring Requirements.

A. All PWS must deliver a consumer notice of lead tap water monitoring results to persons served by the PWS at sites that are tested, as specified in § 1.7.6(E) of this Part. A PWS that exceeds the lead action level based on tap water samples collected in accordance with § 1.7.7 of this Part shall deliver the public education materials contained in § 1.7.6(B) of this Part in accordance with the requirements in § 1.7.6(C) of this Part. PWS that exceed the lead action level must sample the tap water of any customer who requests it in accordance with § 1.7.6(D) of this Part.

B. Content of Written Public Education Materials.

1. Community PWS and non-transient non-community PWS. PWS must include the following elements in printed materials (e.g., brochures and pamphlets) in the same order as listed below. In addition, language in §§ 1.7.6(B)(1)(a) through (b) and 1.7.6(B)(1)(f) of this Part must be included in the materials, exactly as written, except for the text in brackets in these paragraphs for which the PWS must include PWS-specific information. Any additional information presented by a PWS must be consistent with the information below and be in plain language that can be understood by the general public. PWS must submit all written public education materials to the Director prior to delivery. The Director may require the PWS to obtain approval of the content of written public materials prior to delivery.

a. IMPORTANT INFORMATION ABOUT LEAD IN YOUR DRINKING WATER. [INSERT NAME OF PWS] found elevated levels of lead in drinking water in some homes/buildings. Lead can cause serious health problems, especially for pregnant women and young children. Please read this information closely to see what you can do to reduce lead in your drinking water.

b. Health Effects of Lead. Lead can cause serious health problems if too much enters your body from drinking water or other sources. It can cause damage to the brain and kidneys, and can interfere with the production of red blood cells that carry oxygen to all parts of your body. The greatest risk of lead exposure is to infants, young children, and pregnant women. Scientists have linked the effects of lead on the brain with lowered IQ in children. Adults with kidney problems and high blood pressure can be affected by low levels of lead more than healthy adults. Lead is stored in the bones, and it can be released later in life. During pregnancy, the child receives lead from the mother's bones, which may affect brain development.

c. Sources of Lead.

(1) Explain what lead is.

(2) Explain possible sources of lead in drinking water and how lead enters drinking water. Include information on home/building plumbing materials and service lines that may contain lead.

(3) Discuss other important sources of lead exposure in addition to drinking water (e.g., paint).

d. Discuss the steps the consumer can take to reduce their exposure to lead in drinking water.

(1) Encourage running the water to flush out the lead.

(2) Explain concerns with using hot water from the tap and specifically caution against the use of hot water for preparing baby formula.

(3) Explain that boiling water does not reduce lead levels.

(4) Discuss other options consumers can take to reduce exposure to lead in drinking water, such as alternative sources or treatment of water.

(5) Suggest that parents have their child's blood tested for lead.

e. Explain why there are elevated levels of lead in the PWS's drinking water (if known) and what the PWS is doing to reduce the lead levels in homes/buildings in this area.

f. For more information, call us at [INSERT YOUR NUMBER] [(IF APPLICABLE), or visit our Web site at [INSERT YOUR WEB SITE HERE]]. For more information on reducing lead exposure around your home/building and the health effects of lead, visit EPA's Web site at http://www.epa.gov/lead or contact your health care provider.

2. Community PWS. In addition to including the elements specified in § 1.7.6(B)(1) of this Part, community PWS must:

a. Tell consumers how to get their water tested.

b. Discuss lead in plumbing components and the difference between low lead and lead free.

C. Delivery of Public Education Materials.

1. For PWS serving a large proportion of non-English speaking consumers, as determined by the Director, the public education materials must contain information in the appropriate language(s) regarding the importance of the notice or contain a telephone number or address where persons served may contact the PWS to obtain a translated copy of the public education materials or to request assistance in the appropriate language.

2. A community PWS that exceeds the lead action level on the basis of tap water samples collected in accordance with § 1.7.7 of this Part, and that is not already conducting public education tasks under this section, must conduct the public education tasks under this section within sixty (60) days after the end of the monitoring period in which the exceedance occurred:

a. Deliver printed materials meeting the content requirements of § 1.7.6(B) of this Part, to all bill paying customers.

b. Contact customers who are most at risk by delivering education materials that meet the content requirements of § 1.7.6(B) of this Part, to local public health agencies even if they are not located within the PWS's service area, along with an informational notice that encourages distribution to all the organization's potentially affected customers or community PWS's users. The PWS must contact the local public health agencies directly by phone or in person. The local public health agencies may provide a specific list of additional community based organizations serving target populations, which may include organizations outside the service area of the PWS. If such lists are provided, PWSs must deliver education materials that meet the content requirements of § 1.7.6(B) of this Part, to all organizations on the provided lists.

(1) Contact customers who are most at risk by delivering materials that meet the content requirements of § 1.7.6(A) of this Part, to the following organizations listed in §§ 1.7.6(C)(2)(b)((1))((AA)) through ((FF)) of this Part that are located within the water PWS's service area, along with an informational notice that encourages distribution to all the organization's potentially affected customers or community PWS's users:

(AA) Public and private schools or school boards.

(BB) Women, Infants and Children (WIC) and Head Start programs.

(CC) Public and private hospitals and medical clinics.

(DD) Pediatricians.

(EE) Family planning clinics.

(FF) Local welfare agencies.

(2) Make a good faith effort to locate the following organizations within the service area and deliver materials that meet the content requirements of § 1.7.6(B) of this Part to them, along with an informational notice that encourages distribution to all potentially affected customers or users. The good faith effort to contact at-risk customers may include requesting a specific contact list of these organizations from the local public health agencies, even if the agencies are not located within the PWS's service area:

(AA) Licensed childcare centers

(BB) Public and private preschools.

(CC) Obstetricians-Gynecologists and Midwives.

c. No less often than quarterly, provide information on or in each water bill as long as the PWS exceeds the action level for lead. The message on the water bill must include the following statement exactly as written except for the text in brackets for which the PWS must include PWS-specific information: [INSERT NAME OF PWS] found high levels of lead in drinking water in some homes. Lead can cause serious health problems. For more information please call [INSERT NAME OF PWS] [or visit (INSERT YOUR WEBSITE HERE)]. The message or delivery mechanism can be modified in consultation with the Director; specifically, the Director may allow a separate mailing of public education materials to customers if the PWS cannot place the information on water bills.

d. Post material meeting the content requirements of § 1.7.6(B) of this Part, on the PWS's website if the PWS serves a population greater than 100,000.

e. Submit a press release to newspaper, television, and radio stations.

f. In addition to §§ 1.7.6(C)(2)(a) through (e) of this Part, PWSs must implement at least three activities from one or more categories listed below. The educational content and selection of these activities must be determined in consultation with the Director.

(1) Public Service Announcements.

(2) Paid advertisements.

(3) Public Area Information Displays.

(4) E-mails to customers.

(5) Public Meetings.

(6) Household Deliveries.

(7) Targeted Individual Customer Contact.

(8) Direct material distribution to all multi-family homes and institutions.

(9) Other methods approved by the Director.

g. For PWS that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the Director has established an alternate monitoring period, the last day of that period.

3. As long as a community PWS exceeds the action level, it must repeat the activities pursuant to § 1.7.6(C)(2) of this Part as described in §§ 1.7.6(C)(3)(a) through (d) of this Part.

a. A community PWS shall repeat the tasks contained in §§ 1.7.6(C)(2)(a), (b) and (f) of this Part, every 12 months.

b. A community PWS shall repeat tasks contained in § 1.7.6(C)(2)(c) of this Part, with each billing cycle.

c. A community PWS serving a population greater than 100,000 shall post and retain material on a publicly accessible Web site pursuant to § 1.7.6(C)(2)(d) of this Part.

d. The community PWS shall repeat the task in § 1.7.6(C)(2)(e) of this Part, twice every 12 months on a schedule agreed upon with the Director. The Director can allow activities in § 1.7.6(C)(2) of this Part, to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the Director in advance of the 60-day deadline.

4. Within 60 days after the end of the monitoring period in which the exceedance occurred (unless it already is repeating public education tasks pursuant to § 1.7.6(C)(5) of this Part), a non- transient non-community PWS shall deliver the public education materials specified by § 1.7.6(B) of this Part, as follows:

a. Post informational posters on lead in drinking water in a public place or common area in each of the buildings served by the PWS; and

b. Distribute informational pamphlets and/or brochures on lead in drinking water to each person served by the non-transient non-community PWS. The Director may allow the PWS to utilize electronic transmission in lieu of or combined with printed materials as long as it achieves at least the same coverage.

c. For PWS that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the Director has established an alternate monitoring period, the last day of that period.

5. A non-transient non-community PWS shall repeat the tasks contained in § 1.7.6(C)(4) of this Part, at least once during each calendar year in which the PWS exceeds the lead action level. The Director can allow activities in § 1.7.6(C)(4) of this Part, to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the Director in advance of the 60-day deadline.

6. A PWS may discontinue delivery of public education materials if the PWS has met the lead action level during the most recent six-month monitoring period conducted pursuant to § 1.7.7 of this Part. Such a PWS shall recommence public education in accordance with this section if it subsequently exceeds the lead action level during any monitoring period.

7. A community PWS may apply to the Director, in writing (unless the Director has waived the requirement for prior Director approval), to use only the text specified in § 1.7.6(B)(1) of this Part in lieu of the text in §§ 1.7.6(B)(1) and (B)(2) of this Part and to perform the tasks listed in §§ 1.7.6(C)(4) and (5) of this Part in lieu of the tasks in §§ 1.7.6(C)(2) and (3) of this Part, if:

a. The PWS is a facility, such as a prison or a hospital, where the population served is not capable of or is prevented from making improvements to plumbing or installing point of use treatment devices; and

b. The PWS provides water as part of the cost of services provided and does not separately charge for water consumption.

8. A community PWS serving 3,300 or fewer people may limit certain aspects of their public education programs as follows:

a. With respect to the requirements of § 1.7.6(C)(2)(f) of this Part, a PWS serving 3,300 or fewer must implement at least one of the activities listed in that paragraph.

b. With respect to the requirements of § 1.7.6(C)(2)(b) of this Part, a PWS serving 3,300 or fewer people may limit the distribution of the public education materials required under that paragraph to facilities and organizations served by the PWS that are most likely to be visited regularly by pregnant women and children.

c. With respect to the requirements of § 1.7.6(C)(2)(e) of this Part, the Director may waive this requirement for PWS serving 3,300 or fewer persons as long as PWS distributes notices to every household served by the PWS.

D. Supplemental Monitoring and Notification of Results. A PWS that fails to meet the lead action level on the basis of tap samples collected in accordance with § 1.7.7 of this Part shall offer to sample the tap water of any customer who requests it. The PWS is not required to pay for collecting or analyzing the sample, nor is the PWS required to collect and analyze the sample itself.

E. Notification of Results.

1. Reporting Requirement. All PWS must provide a notice of the individual tap results from lead tap water monitoring carried out under the requirements of § 1.7.7 of this Part, to the persons served by the PWS at the specific sampling site from which the sample was taken (e.g., the occupants of the residence where the tap was tested).

2. Timing of Notification. A PWS must provide the consumer notice as soon as practical, but no later than thirty (30) days after the PWS learns of the tap monitoring results.

3. Content. The consumer notice must include the results of lead tap water monitoring for the tap that was tested, an explanation of the health effects of lead, list steps consumers can take to reduce exposure to lead in drinking water and contact information for the water utility. The notice must also provide the maximum contaminant level goal and the action level for lead and the definitions for these two terms as contained in the following text:

a. “’Maximum contaminant level goal (MCLG)’ means the maximum level of a contaminant in drinking water at which no known or anticipated adverse effect on the health of persons would occur, and which allows an adequate margin of safety. Maximum contaminant level goals are non-enforceable health goals. The MCLG for Lead is zero.”

b. “’Action level’ means the concentration of lead or copper in water specified in § 1.7.1(C) which determines, in some cases, the treatment requirements contained in § 1.7 of this Part that a PWS is required to complete. The Action Level for Lead is greater than 15 parts per billion in more than ten percent (10%) of all samples drawn.”

4. Delivery. The consumer notice must be provided to persons served at the tap that was tested, either by mail or by another method approved by the Director. For example, upon approval by the Director, a non-transient non-community PWS could post the results on a bulletin board in the facility to allow users to review the information. The PWS must provide the notice to customers at sample taps tested, including consumers who do not receive water bills.

1.7.7 Monitoring Requirements for Lead and Copper in Tap Water

A. Sample Site Location

1. By the applicable date for commencement of monitoring under § 1.7.7(D)(1) of this Part, each PWS 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 PWS can collect the number of lead and copper tap samples required in § 1.7.7(C) of this Part. 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 designed to remove inorganic contaminants.

2. A PWS shall use the information on lead, copper and galvanized steel that is required when conducting a materials evaluation (presence of lead from piping, solder, caulking, interior home plumbing, copper from piping and alloys, service lines, and home plumbing, and galvanized piping, service lines and home plumbing within the distribution system.) When an evaluation of the information collected pursuant to the above is insufficient to locate the requisite number of lead and copper sampling sites that meet the targeting criteria in § 1.7.7(A)(2)(a) of this Part, the PWS shall review the sources of information listed below in order to identify a sufficient number of sampling sites. In addition, the PWS 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):

a. 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;

b. 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

c. All existing water quality information, which includes the results of all prior analyses of the PWS or individual structures connected to the PWS, indicating locations that may be particularly susceptible to high lead or copper concentrations.

3. The sampling sites selected for a community PWS's sampling pool (“tier 1 sampling sites”) shall consist of single family structures that:

a. Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or

b. Are served by a lead service line.

c. When multiple-family residences comprise at least twenty (20) percent of the structures served by a PWS, the PWS may include these types of structures in its sampling pool.

4. Any community PWS with insufficient tier 1 sampling sites shall complete its sampling pool with “tier 2 sampling sites”, consisting of buildings, including multiple- family residences that:

a. Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or

b. Are served by a lead service line.

5. Any community PWS 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 PWS 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 PWS.

6. The sampling sites selected for a non-transient, non-community PWS (“tier 1 sampling sites”) shall consist of buildings that:

a. Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or

b. Are served by a lead service line.

7. A non-transient, non-community PWS with insufficient tier 1 sites that meet the targeting criteria in § 1.7.7(A)(6) of this Part, 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 non-transient non-community PWS 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 PWS.

8. Any PWS whose distribution system contains lead service lines shall draw fifty (50) percent of the samples it collects during each monitoring period from sites that contain lead pipes, or copper pipes with lead solder, and fifty (50) percent of the samples from sites served by a lead service line. A PWS that cannot identify a sufficient number of sampling sites served by a 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 § 1.7.5(C) of this Part and samples collected under § 1.7.7(B)(5) of this Part, shall be first draw samples.

2. Each first-draw tap sample for lead and copper shall be one (1) liter in volume and have stood motionless in the plumbing system of each sampling site for at least six (6) hours. First draw samples from residential housing shall be collected from the cold water kitchen tap or bathroom sink tap. First-draw samples from a non-residential building shall be one (1) liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. Non-first-draw samples collected in lieu of first-draw samples pursuant to § 1.7.7(B)(5) of this Part, shall be one (1) liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. First draw samples may be collected by the PWS or the PWS 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 PWS allows residents to perform sampling, the PWS may not challenge, based on alleged errors in sample collection, the accuracy of sampling results.

3. Each service line sample shall be one (1) liter in volume and have stood motionless in the lead service line for at least six (6) hours. Lead service line samples shall be collected in one (1) of the following three (3) ways:

a. 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;

b. Tapping directly into the lead service line; or

c. 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 PWS shall collect each first draw tap sample from the same sampling site from which it collected a previous sample. If, for any reason, the PWS cannot gain entry to a sampling site in order to collect a follow-up tap sample, the PWS 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 PWS, or a community PWS that meets the criteria of § 1.7.6(C)(7) of this Part, that does not have enough taps that can supply first-draw samples, as defined in § 1.2 of this Part, may apply to the Director in writing to substitute non-first draw samples. Such PWS must collect as many first draw samples from appropriate taps as possible and identify sampling times and locations that would likely result in the longest standing time for the remaining sites. The Director has the discretion to waive the requirement for prior Director approval of non-first draw sample sites selected by the PWS, either through State regulation or written notification to the PWS.

C. Number of Samples. PWS shall collect at least one (1) sample during each monitoring period specified in § 1.7.7(D) of this Part, from the number of sites listed in the first column (“standard monitoring”) of the table in this paragraph. A PWS conducting reduced monitoring under § 1.7.7(D)(4) of this Part, shall collect at least one (1) sample from the number of sites specified in the second column (“reduced monitoring”) of the table in this paragraph during each monitoring period specified in § 1.7.7(D)(4) of this Part. Such reduced monitoring sites shall be representative of the sites required for standard monitoring. A PWS that has fewer than five drinking water taps, that can be used for human consumption meeting the sample site criteria of § 1.7.7(A) of this Part to reach the required number of sample sites listed in § 1.7.7(C) of this Part, must collect at least one sample from each tap and then must collect additional samples from those taps on different days during the monitoring period to meet the required number of sites. Alternatively, the Director may allow these PWS to collect a number of samples fewer than the number of sites specified in § 1.7.7(C) of this Part, provided that 100 percent of all taps that can be used for human consumption are sampled. The Director must approve this reduction of the minimum number of samples in writing based on a request from the PWS or onsite verification by the Director. The Director may specify sampling locations when a PWS is conducting reduced monitoring. The table is as follows:

D. Timing of Monitoring

1. Initial Tap Sampling. The first six-month monitoring period for small, medium-size, and large PWS shall begin on the following dates:

a. All large PWS shall monitor during two (2) consecutive six-month periods.

b. All small and medium-size PWS shall monitor during each six-month monitoring period until:

(1) The PWS exceeds the lead or copper action level and is therefore required to implement the corrosion control treatment requirements under § 1.7.2 of this Part, in which case the PWS shall continue monitoring in accordance with § 1.7.7(D)(2) of this Part, or

(2) The PWS meets the lead and copper action levels during two (2) consecutive six- month monitoring periods, in which case the PWS may reduce monitoring in accordance with § 1.7.7(D)(4) of this Part.

2. Monitoring after Installation of Corrosion Control and Source Water Treatment

a. Any large PWS which installs optimal corrosion control treatment pursuant to § 1.7.2(D)(4) of this Part, shall monitor during two (2) consecutive six-month monitoring periods by the date specified in § 1.7.2(D)(5) of this Part.

b. Any small or medium-size PWS which installs optimal corrosion control treatment pursuant to § 1.7.2(E)(5) of this Part shall monitor during two (2) consecutive six-month monitoring periods by the date specified in § 1.7.2(E)(6) of this Part.

c. Any PWS which installs source water treatment pursuant to § 1.7.4(B)(3) of this Part shall monitor during two (2) consecutive six-month monitoring periods by the date specified in § 1.7.4(B)(4) of this Part.

3. Monitoring after the Director Specifies Water Quality Parameter Values for Optimal Corrosion Control. After the Director specifies the values for water quality control parameters under § 1.7.3(G) of this Part, the PWS shall monitor during each subsequent six-month monitoring period, with the first monitoring period to begin on the date the Director specifies the optimal values under § 1.7.3(G) of this Part.

4. Reduced Monitoring

a. A small or medium-size PWS that meets the lead and copper action levels during each of two (2) consecutive six-month monitoring periods may reduce the number of samples in accordance with § 1.7.7(C) of this Part, and reduce the frequency of sampling to once per year. A small or medium PWS collecting fewer than five samples as specified in § 1.7.7(C) of this Part, that meets the lead and copper action levels during each of two consecutive six-month monitoring periods may reduce the frequency of sampling to once per year. In no case can the PWS reduce the number of samples required below the minimum of one sample per available tap. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period.

b. Any PWS that meets the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the Director under § 1.7.3(G) of this Part, during each of two (2) consecutive six-month monitoring periods may reduce the frequency of monitoring to once per year and reduce the number of lead and copper samples in accordance with § 1.7.7(C) of this Part, if it receives written approval from the Director. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period. The Director shall review monitoring, treatment and other relevant information submitted by the PWS in accordance with § 1.7.11 of this Part, and shall notify the PWS in writing when the Director determines the PWS is eligible to commence reduced monitoring pursuant to this paragraph. The Director shall review, and where appropriate, revise its determination when the PWS submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.

c. A small or medium-size PWS that meets the lead and copper action levels during three (3) consecutive years of monitoring may reduce the frequency of monitoring for lead and copper from annually to once every three (3) years. Any PWS that meets the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the Director under § 1.7.3(G) of this Part, during three (3) consecutive years of monitoring may reduce the frequency of monitoring from annually to once every three (3) years if it receives written approval from the Director. Samples collected once every three years shall be collected no later than every third calendar year. The Director shall review monitoring, treatment, and other relevant information submitted by the PWS in accordance with § 1.7.11 of this Part, and shall notify the PWS in writing, when the Director determines the PWS is eligible to reduce the frequency of monitoring to once every three (3) years. The Director shall review, and where appropriate, revise his determination when the PWS submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.

d. A PWS that reduces the number and frequency of sampling shall collect these samples from representative sites included in the pool of targeted sampling sites identified in § 1.7.7(A) of this Part. PWSs sampling annually or less frequently shall conduct the lead and copper tap sampling during the months of June, July, August or September unless the Director has approved a different sampling period in accordance with § 1.7.7(D)(4)(d)((1)) of this Part.

(1) The Director, at his or her discretion, may approve a different period for conducting the lead and copper tap sampling for PWS collecting a reduced number of samples. Such a period shall be no longer than four (4) consecutive months and must represent a time of normal operation where the highest levels of lead are most likely to occur. For a non-transient, non-community PWS 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 Director shall designate a period that represents a time of normal operation for the PWS. This sampling shall begin during the period approved or designated by the Director in the calendar year immediately following the end of the second consecutive six (6) month monitoring period for PWSs initiating annual monitoring and during the three (3) year period following the end of the third consecutive calendar year of annual monitoring for PWS initiating triennial monitoring

(2) PWS monitoring annually, that have been collecting samples during the months of June through September and that receive the Director’s approval to alter their sample collection period under § 1.7.7(D)(4)(d)((1)) of this Part, must collect their next round of samples during a time period that ends no later than 21 months after the previous round of sampling. PWS monitoring triennially that have been collecting samples during the months of June through September, and receive the Director’s approval to alter the sampling collection period as per § 1.7.7(D)(4)(d)((1)) of this Part, 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 required by this section.

e. Any PWS that demonstrates for two (2) consecutive 6-month monitoring periods that the tap water lead level computed under § 1.7.1(C)(3) of this Part, is less than or equal to 0.005 mg/L and the tap water copper level computed under § 1.7.1(C)(3) of this Part, is less than or equal to 0.65 mg/L may reduce the number of samples in accordance with § 1.7.7(C) of this Part, and reduce the frequency of sampling to once every three (3) calendar years.

f. A small or medium-size PWS subject to reduced monitoring that exceeds the lead or copper action level shall resume sampling in accordance § 1.7.7(C) of this Part and collect the number of samples specified for standard monitoring under § 1.7.7(C) of this Part. Such a PWS shall also conduct water quality parameter monitoring in accordance with §§ 1.7.8(C), (D) or (E) of this Part, (as appropriate) during the monitoring period in which it exceeded the action level. Any such PWS may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in § 1.7.7(C) of this Part after it has completed two (2) subsequent consecutive six-month rounds of monitoring that meet the criteria of § 1.7.7(D)(4)(a) of this Part, and/or may resume triennial monitoring for lead and copper at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either §§ 1.7.7(D)(4)(c) or 1.7.7(D)(4)(e) of this Part.

g. Any PWS subject to the reduced monitoring frequency that fails to meet the lead action level during any four (4) 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 Director under § 1.7.3(G) of this Part, for more than nine (9) days in any six (6) month period specified in § 1.7.8(E) of this Part, shall conduct tap water sampling for lead and copper at the frequency specified in § 1.7.7(D)(3) of this Part, collect the number of samples specified for standard monitoring under § 1.7.7(C) of this Part, and shall resume monitoring for water quality parameters within the distribution system in accordance with § 1.7.8(E) of this Part. This standard tap water sampling shall begin no later than the six (6) month period beginning January 1 of the calendar year following the lead action level exceedance or water quality parameter excursion. Such a PWS may resume reduced monitoring for lead and copper at the tap and for water quality parameters within the distribution system under the following conditions:

(1) The PWS may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in § 1.7.7(C) of this Part, after it has completed two (2) subsequent six-month rounds of monitoring that meet the criteria of § 1.7.7(D)(4)(b) of this Part, and the PWS has received written approval from the Director 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 (6) month monitoring period.

(2) The PWS 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 criteria of either §§ 1.7.7(D)(4)(c) or 1.7.7(D)(4)(e) of this Part and the PWS has received written approval from the Director that it is appropriate to resume triennial monitoring.

(3) The PWS may reduce the number of water quality parameter tap water samples required in accordance with § 1.7.8(F)(1) of this Part, and the frequency with which it collects such samples in accordance with § 1.7.8(F)(2) of this Part. Such a PWS may not resume triennial monitoring for water quality parameters at the tap until it demonstrates, in accordance with the requirements of § 1.7.8(F)(2) of this Part, that it has re-qualified for triennial monitoring.

g. Any PWS subject to a reduced monitoring frequency under § 1.7.7(D)(4) of this Part shall notify the Director in writing in accordance with § 1.7.11(B)(3) of this Part, of any upcoming long- term change in treatment or addition of a new source as described in that section. The Director must review and approve the addition of a new source or long-term change in water treatment before it is implemented by the PWS. The Director may require the PWS to resume sampling in accordance with § 1.7.7(D)(3) of this Part and collect the number of samples specified for standard monitoring under § 1.7.7(C) of this Part, 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 PWSs. The results of any monitoring conducted in addition to the minimum requirements of this section shall be considered by the PWS and the Director in making any determinations (i.e., calculating the 90th percentile lead or copper level) under this subpart.

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 § 1.7.1(C)(3) of this Part or toward meeting the minimum monitoring requirements of § 1.7.7(C) of this Part.

1. The Director may invalidate a lead or copper tap water sample if at least one (1) of the following conditions is met:

a. The laboratory establishes that improper sample analysis caused erroneous results;

b. The Director determines that the sample was taken from a site that did not meet the site selection criteria of this section;

c. The sample container was damaged in transit; or

d. There is substantial reason to believe that the sample was subject to tampering.

2. The PWS must report the results of all samples to the Director and all supporting documentation for samples the PWS believes should be invalidated.

3. To invalidate a sample under § 1.7.7(F)(9) of this Part, the decision and the rationale for the decision must be documented in writing. The Director shall 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 PWS must collect replacement samples for any samples invalidated under this Section if, after the invalidation of one (1) or more samples, the PWS has too few samples to meet the minimum requirements of § 1.7.7(C) of this Part. Any such replacement samples must be taken as soon as possible, but no later than twenty (20) days after the date the Director 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 also 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.

1.7.8 Monitoring Requirements for Water Quality Parameters.

A. All large PWS, and all small and medium-size PWS 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 the table at the end of this section.

B. General Requirements

1. Sample Collection Methods

a. Tap samples shall be representative of water quality throughout the distribution system taking into account the number of persons served, the different sources of water, the different treatment methods employed by the PWS and seasonal variability. Tap sampling under this section is not required to be conducted at taps targeted for lead and copper sampling under § 1.7.7(A) of this Part. [Note: PWS may find it convenient to conduct tap sampling for water quality parameters at sites used for coliform sampling.]

b. Samples collected at the entry point(s) to the distribution system shall be from locations representative of each source after treatment. If a PWS draws water from more than one (1) source and the sources are combined before distribution, the PWS 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).

2. Number of Samples

a. PWS shall collect two (2) tap samples for applicable water quality parameters during each monitoring period specified under §§ 1.7.8(C) through (F) of this Part.

b. Except as provided in § 1.7.8(D)(3) of this Part, PWS shall collect two (2) samples for each applicable water quality parameter at each entry point to the distribution system during each monitoring period specified in § 1.7.8(C) of this Part. During each monitoring period specified in §§ 1.7.8(D) through (F) of this Part, PWS shall collect one (1) sample for each applicable water quality parameter at each entry point to the distribution system.

C. Initial Sampling. All large PWS shall measure the applicable water quality parameters as specified below at taps and at each entry point to the distribution system during each six-month monitoring period specified in § 1.7.7(D)(1) of this Part. All small and medium-size PWS shall measure the applicable water quality parameters at the locations specified below during each six-month monitoring period specified in § 1.7.7(D)(1) of this Part, during which the PWS exceeds the lead or copper action level.

1. At taps:

a. pH;

b. Alkalinity;

c. Orthophosphate, when an inhibitor containing a phosphate compound is used;

d. Silica, when an inhibitor containing a silicate compound is used;

e. Calcium;

f. Conductivity; and

g. Water temperature.

2. At each entry point to the distribution system: all of the applicable parameters listed in § 1.7.8(C)(1) of this Part.

D. Monitoring after Installation of Corrosion Control. Any large PWS which installs optimal corrosion control treatment pursuant to § 1.7.2(D)(4) of this Part, shall measure the water quality parameters at the locations and frequencies specified below during each six-month monitoring period specified in § 1.7.7(D)(2)(a) of this Part. Any small or medium-size PWS which installs optimal corrosion control treatment shall conduct such monitoring during each six-month monitoring period specified in § 1.7.7(D)(2)(b) of this Part, in which the PWS exceeds the lead or copper action level.

1. At taps, two (2) samples for:

a. pH;

b. Alkalinity;

c. Orthophosphate, when an inhibitor containing a phosphate compound is used;

d. Silica, when an inhibitor containing a silicate compound is used; and

e. Calcium, when calcium carbonate stabilization is used as part of corrosion control.

2. Except as provided in § 1.7.8(D)(3) of this Part, at each entry point to the distribution system, at least one (1) sample no less frequently than every two (2) weeks (bi-weekly) for:

a. pH;

b. 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; and

c. 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 (whichever is applicable).

3. Any groundwater PWS can limit entry point sampling described in § 1.7.8(D)(2) of this Part, to those entry points that are representative of water quality and treatment conditions throughout the PWS. If water from untreated groundwater sources mixes with water from treated groundwater sources, the PWS must monitor for water quality parameters both at representative entry points receiving treatment and representative entry points receiving no treatment. Prior to the start of any monitoring under this paragraph, the PWS shall provide to the Director written information identifying the selected entry points and documentation, including information on seasonal variability, sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the PWS.

E. Monitoring after the Director Specifies Water Quality Parameter Values for Optimal Corrosion Control. After the Director specifies the values for applicable water quality control parameters reflecting optimal corrosion control treatment under § 1.7.3(G) of this Part, all large PWS shall measure the applicable water quality parameters in accordance with § 1.7.8(D) of this Part and determine compliance with the requirements of § 1.7.3(H) of this Part every six (6) months with the first six (6) month period to begin on either January 1 or July 1, whichever comes first, after the Director specifies the optimal values under § 1.7.3(G) of this Part. Any small or medium-size PWS shall conduct such monitoring during each six (6) month period specified in this paragraph in which the PWS exceeds the lead or copper action level. For any such small and medium-size PWS that is subject to a reduced monitoring frequency pursuant to § 1.7.7(D)(4) of this Part at the time of the action level exceedance, the start of the applicable six (6) month period under this paragraph shall coincide with the start of the applicable monitoring period under § 1.7.7(D)(4) of this Part. Compliance with Director-designated optimal water quality parameter values shall be determined as specified under § 1.7.3(H) of this Part.

F. Reduced Monitoring.

1. Any PWS that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment during each of two (2) consecutive six-month monitoring periods under § 1.7.8(E) of this Part shall continue monitoring at the entry point(s) to the distribution system as specified in § 1.7.8(D)(2) of this Part. Such PWS may collect two (2) tap samples for applicable water quality parameters from the following reduced number of sites during each six-month monitoring period.

2. Any PWS that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the Director under § 1.7.3(G) of this Part, during three (3) consecutive years of monitoring may reduce the frequency with which it collects the number of tap samples for applicable water quality parameters specified in § 1.7.8(F)(1) of this Part, from every six (6) 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 PWS that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the Director under § 1.7.3(G) of this Part during three (3) 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 specified in § 1.7.8(F)(1) of this Part from annually to every three (3) 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.

a. A PWS may reduce the frequency with which it collects tap samples for applicable water quality parameters specified in § 1.7.8(F)(1) of this Part, to every three (3) years if it demonstrates during two (2) consecutive monitoring periods that its tap water lead level at the 90th percentile is less than or equal to the PQL for lead specified in § 1.7.10(A)(1)(b) of this Part, that its tap water copper level at the 90th percentile is less than or equal to 0.65 mg/L for copper in § 1.7.1(C)(2) of this Part, and that it also has maintained the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the Director under § 1.7.3(G) of this Part. Monitoring conducted every three years shall be done no later than every third calendar year.

3. A PWS that conducts sampling annually shall collect these samples evenly throughout the year so as to reflect seasonal variability.

4. Any PWS subject to reduced monitoring frequency that fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the Director under § 1.7.3(G) of this Part for more than nine (9) days in any six-month period specified in § 1.7.3(H) of this Part shall resume distribution system tap water sampling in accordance with the number and frequency requirements in § 1.7.8(E) of this Part. Such a PWS may resume annual monitoring for water quality parameters at the tap at the reduced number of sites specified in § 1.7.8(F)(1) of this Part after it has completed two (2) subsequent consecutive six-month rounds of monitoring that meet the criteria of that paragraph and/or may resume triennial monitoring for water quality parameters at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either §§ 1.7.8(F)(2) or 1.7.8(F)(2)(a) of this Part.

G. Additional Monitoring by PWS. The results of any monitoring conducted in addition to the minimum requirements of this section shall be considered by the PWS and the Director in making any determinations (i.e., determining concentrations of water quality parameters) under this section or § 1.7.3 of this Part.

1.7.9 Monitoring Requirements for Lead and Copper in Source Water

A. Sample Location, Collection Methods, and Number of Samples

1. A PWS that fails to meet the lead or copper action level on the basis of tap samples collected in accordance with § 1.7.7 of this Part, shall collect lead and copper source water samples in accordance with the following requirements regarding sample location, number of samples, and collection methods:

a. Groundwater PWS shall take a minimum of one (1) sample at every entry point to the distribution system which is representative of each well after treatment (hereafter called a sampling point). The PWS shall take one (1) sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

b. Surface water PWS shall take a minimum of one (1) 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). The PWS 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 the purposes of this paragraph, surface water PWS include PWS with a combination of surface and ground sources.

c. If a PWS draws water from more than one (1) source and the sources are combined before distribution, the PWS 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 Director may reduce the total number of samples which must be analyzed by allowing the use of compositing. Compositing of samples must be done by certified laboratory personnel. Composite samples from a maximum of five (5) samples are allowed, provided that if the lead concentration in the composite sample is greater than or equal to 0.001 mg/L or the copper concentration is greater than or equal to 0.160 mg/L, then either:

(1) A follow-up sample shall be taken and analyzed within fourteen (14) days at each sampling point included in the composite; or

(2) If duplicates of, or sufficient quantities from, the original samples from each sampling point used in the composite are available, the PWS may use these instead of resampling.

2. Where the results of sampling indicate an exceedance of maximum permissible source water levels established under § 1.7.4(C)(4) of this Part, the Director may require that one (1) additional sample be collected as soon as possible after the initial sample was taken (but not to exceed two (2) weeks) at the same sampling point. If a Director-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 Director-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 PWS Exceeds Tap Water Action Level. Any PWS which exceeds the lead or copper action level at the tap shall collect one (1) source water sample from each entry point to the distribution system no later than six (6) months after the end of the monitoring period during which the lead or copper 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 the sampling occurs, or if the Director has established an alternate monitoring period, the last day of that period.

C. Monitoring Frequency after Installation of Source Water Treatment. Any PWS which installs source water treatment pursuant to § 1.7.4(B)(3) of this Part shall collect an additional source water sample from each entry point to the distribution system during two (2) consecutive six-month monitoring periods by the deadline specified in § 1.7.4(B)(4) of this Part.

D. Monitoring Frequency after the Director Specifies Maximum Permissible Source Water Levels or Determines That Source Water Treatment Is Not Needed

1. A PWS shall monitor at the frequency specified below in cases where the Director specifies maximum permissible source water levels under § 1.7.4(C)(4) of this Part, or determines that the PWS is not required to install source water treatment under § 1.7.4(C)(2) of this Part.

a. A PWS using only groundwater shall collect samples once during the three-year compliance period (as that term is defined in Section 1) in effect when the applicable Director determination under § 1.7.9(D)(1) of this Part, is made. Such PWS shall collect samples once during each subsequent compliance period. Triennial samples shall be collected every third calendar year.

b. A PWS 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 Director determination is made under § 1.7.9(D)(1) of this Part.

2. A PWS is not required to conduct source water sampling for lead and/or copper if the PWS meets the action level for the specific contaminant in tap water samples during the entire source water sampling period applicable to the PWS under §§ 1.7.9(d)(1)(a) or (b) of this Part.

E. Reduced Monitoring Frequency

1. A PWS using only groundwater may reduce the monitoring frequency for lead and/or copper in source water to once during each nine-year compliance cycle (as that term is defined in § 1.2 of this Part) provided that the samples are collected no later than every ninth calendar year and if the PWS meets one (1) of the following criteria:

a. The PWS demonstrates that finished drinking water entering the distribution system has been maintained below the maximum permissible lead and copper concentrations specified by the Director in § 1.7.4(C)(4) of this Part during at least three (3) consecutive compliance periods under § 1.7.9(D)(1) of this Part; or

b. The Director has determined that source water treatment is not needed and the PWS demonstrates that, during at least three (3) consecutive compliance periods in which sampling was conducted under § 1.7.9(D)(1) of this Part, 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 PWS using surface water (or a combination of surface water and groundwater) may reduce the monitoring frequency in § 1.7.9(D)(1) of this Part, to once during each nine-year compliance cycle (as that term is defined in § 1.2 of this Part) provided that the samples are collected no later than every ninth calendar year and if the PWS meets one (1) of the following criteria:

a. The PWS demonstrates that finished drinking water entering the distribution system has been maintained below the maximum permissible lead and copper concentrations specified by the Director in § 1.7.4(C)(4) of this Part, for at least three (3) consecutive years; or

b. The Director has determined that source water treatment is not needed and the PWS demonstrates that, during at least three (3) 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 PWS 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 (3) consecutive monitoring periods are below the maximum permissible lead and copper concentrations specified by the Director in § 1.7.4(B)(5) of this Part.

1.7.10 Analytical Methods

A. Analyses for lead, copper, pH, conductivity, calcium, alkalinity, orthophosphate, silica, and temperature shall be conducted with the methods in § 1.21 of this Part.

1. Analyses under this section shall only be conducted by certified laboratories using the methods specified in § 1.21 of this Part. Analyses for pH and temperature shall be conducted using methods specified in § 1.21 of this Part by a party approved by the Director. To obtain certification to conduct analyses for lead and copper, laboratories must:

a. Analyze performance evaluation samples which include lead and copper provided by a third party accredited provider or equivalent samples provided by the Director; and

b. Achieve quantitative acceptance limits as follows:

(1) For lead: ± 30 percent of the actual amount in the Performance Evaluation sample when the actual amount is greater than or equal to 0.005 mg/L. The Practical Quantitation Level, or PQL, for lead is 0.005 mg/L.

(2) For copper: ± 10 percent of the actual amount in the Performance Evaluation sample when the actual amount is greater than or equal to 0.050 mg/L. The PQL for copper is 0.050 mg/L.

c. Achieve the method detection limit for lead of 0.001 mg/L according to the procedures in appendix B of 40 C.F.R. Part 136. This need only be accomplished if the laboratory will be processing source water composite samples under § 1.7.9(A)(1)(d) of this Part.

d. Be currently certified by EPA or the Director to perform analyses to the specifications described in § 1.7.10(A)(1) of this Part.

2. The Director may allow the use of previously collected monitoring data for purposes of monitoring, if the data were collected and analyzed in accordance with the requirements of this section.

3. All lead levels measured between the PQL and the MDL must be either reported as measured or they can be reported as one-half the PQL (0.0025 mg/L) specified for lead in § 1.21 of this Part. All levels below the lead MDL must be reported as zero.

4. All copper levels measured between the PQL and the MDL must be either reported as measured or they can be reported as one-half the PQL (0.025 mg/L). All levels below the copper MDL must be reported as zero.

1.7.11 Reporting Requirements.

A. All PWS shall report all of the following information to the Director in accordance with this section.

B. Reporting Requirements for Tap Water Monitoring for Lead and Copper and for Water Quality Parameter Monitoring

1. Except as provided in § 1.7.11(B)(1)(g) of this Part, a PWS shall report the information specified below for all tap water samples specified in § 1.7.7 of this Part and for all water quality parameter samples specified in § 1.7.8 of this Part within the first ten (10) days following the end of each applicable monitoring period specified in §§ 1.7.7 and 1.7.8 of this Part (i.e., every six-months, annually, every 3 years, or every 9 years). For monitoring periods with a duration less than six (6) months, the end of the monitoring period is the last date samples can be collected during that period as specified in §§ 1.7.7 and 1.7.8 of this Part.

a. The results of all tap samples for lead and copper including the location of each site and the criteria under §§ 1.7.7(A)(3), (4), (5), (6) and/or (7) of this Part, under which the site was selected for the PWS 's sampling pool;

b. Documentation for each tap water lead or copper sample for which the PWS requests invalidation pursuant to § 1.7.7(F)(2) of this Part;

c. The 90th percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period (calculated in accordance with § 1.7.1(C)(3) of this Part) unless the Director calculates the PWS’s 90th percentile lead and copper levels under § 1.7.11(I) of this Part;

d. With the exception of initial tap sampling conducted pursuant to § 1.7.7(D)(1) of this Part, the PWS shall designate any site which was not sampled during previous monitoring periods, and include an explanation of why sampling sites have changed;

e. The results of all tap samples for pH, and where applicable, alkalinity, calcium, conductivity, temperature, and orthophosphate or silica collected under §§ 1.7.8(C) through (F) of this Part;

f. The results of all samples collected at the entry point(s) to the distribution system for applicable water quality parameters under §§ 1.7.8(C) through (F) of this Part.

g. A PWS shall report the results of all water quality parameter samples collected under §§ 1.7.8(D) through (G) of this Part, during each six-month monitoring period specified in § 1.7.8(E) of this Part, within the first ten (10) days following the end of the monitoring period unless the Director has specified a more frequent reporting requirement.

2. For a non-transient non-community PWS, or a community PWS meeting the criteria of § 1.7.6(C)(7) of this Part, that does not have enough taps that can provide first-draw samples, the PWS must either:

a. Provide written documentation to the Director identifying standing times and locations for enough non-first draw samples to make up its sampling pool under § 1.7.7(B)(5) of this Part by the start of the first applicable monitoring period under § 1.7.7(D) of this Part that commences after PWS activation, unless the Director has waived prior Director’s approval of non- first-draw sample sites selected by the PWS pursuant to § 1.7.7(B)(5) of this Part; or

b. If the Director has waived prior approval of non-first-draw sample sites selected by the PWS, identify, in writing, each site that did not meet the six-hour minimum standing time and the length of standing time for that particular substitute sample collected pursuant to § 1.7.7(B)(5) of this Part, and include this information with the lead and copper tap sample results required to be submitted pursuant to § 1.7.11(B)(1)(a) of this Part.

3. At a time specified by the Director, or if no specific time is designated by the Director, then as early as possible prior to the addition of a new source or any long-term change in water treatment, a PWS deemed to have optimized corrosion control under § 1.7.2(B)(3) of this Part, a PWS subject to reduced monitoring pursuant to § 1.7.7(D)(4) of this Part, shall send written documentation to the Director describing the change or addition. The Director must review and approve the addition of a new source or long-term change in treatment before it is implemented by the PWS. Examples of long-term treatment changes include the addition of a new treatment process or modification of an existing treatment process. Examples of modifications include switching secondary disinfectants, switching coagulants (e.g., alum to ferric chloride), and switching corrosion inhibitor products (e.g., orthophosphate to blended phosphate). Long-term changes can include dose changes to existing chemicals if the PWS is planning long-term changes to its finished water pH or residual inhibitor concentration. Long-term treatment changes would not include chemical dose fluctuations associated with daily raw water quality changes.

4. Each groundwater PWS that limits water quality parameter monitoring to a subset of entry points under § 1.7.8(D)(3) of this Part, shall provide, by the commencement of such monitoring, written correspondence to the Director that identifies the selected entry points and includes information sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the PWS.

C. Source Water Monitoring Reporting Requirements

1. A PWS shall report the sampling results for all source water samples collected in accordance with § 1.7.9 of this Part within the first ten (10) days following the end of each source water monitoring period (i.e., annually, per compliance period, per compliance cycle) specified in § 1.7.9 of this Part.

2. With the exception of the first round of source water sampling conducted pursuant to § 1.7.9(B) of this Part, the PWS shall specify any site which was not sampled during previous monitoring periods, and include an explanation of why the sampling point has changed.

D. Corrosion Control Treatment Reporting Requirements. By the applicable dates under § 1.7.2 of this Part, PWS shall report the following information:

1. For PWS demonstrating that they have already optimized corrosion control, information required in §§ 1.7.2(B)(2) or (3) of this Part.

2. For PWS required to optimize corrosion control, their recommendation regarding optimal corrosion control treatment under § 1.7.3(B) of this Part.

3. For PWS required to evaluate the effectiveness of corrosion control treatments under § 1.7.3(D) of this Part, the information required by that paragraph.

4. For PWS required to install optimal corrosion control designated by the Director under § 1.7.3(E) of this Part, a letter certifying that the PWS has completed installing that treatment.

E. Source Water Treatment Reporting Requirements. By the applicable dates in § 1.7.4 of this Part, PWS shall provide the following information to the Director:

1. If required under § 1.7.4(B)(1) of this Part, their recommendation regarding source water treatment;

2. For PWS required to install source water treatment under § 1.7.4(B)(2) of this Part, a letter certifying that the PWS has completed installing the treatment designated by the Director within twenty-four (24) months after the Director designated the treatment.

F. Lead Service Line Replacement Reporting Requirements. PWS shall report the following information to the Director to demonstrate compliance with the requirements of § 1.7.5 of this Part:

1. No later than twelve (12) months after the end of a monitoring period in which a PWS exceeds the lead action level in sampling referred to in § 1.7.5(A) of this Part, the PWS shall submit written documentation to the Director of the materials evaluation conducted as required in § 1.7.7(A) of this Part, identify the initial number of lead service lines in its distribution system at the time the PWS exceeds the lead action level, and provide the PWS 's schedule for replacing annually at least seven (7) percent of the initial number of lead service lines in its distribution system.

2. No later than twelve (12) months after the end of a monitoring period in which a PWS exceeds the lead action level in sampling referred to in § 1.7.5(A) of this Part, and every twelve (12) months thereafter, the PWS shall demonstrate to the Director in writing that the PWS has either:

a. replaced in the previous twelve (12) months at least seven (7%) percent of the initial lead service lines (or a greater number of lines specified by the Director under § 1.7.5(F) of this Part) in its distribution system, or

b. conducted sampling which demonstrates that the lead concentration in all service line samples from an individual line(s), taken pursuant to § 1.7.7(B)(3) of this Part, is less than or equal to 0.015 mg/L. In such cases, the total number of lines replaced and/or which meet the criteria in § 1.7.5(C) of this Part shall equal at least seven (7) percent of the initial number of lead lines identified under § 1.7.11(F)(1) of this Part (or the percentage specified by the Director under § 1.7.5(E) of this Part).

3. The annual letter submitted to the Director under paragraph § 1.7.11(F)(2) of this Part of this section shall contain the following information:

a. The number of lead service lines scheduled to be replaced during the previous year of the PWS's replacement schedule;

b. The number and location of each lead service line replaced during the previous year of the PWS's replacement schedule;

c. If measured, the water lead concentration and location of each lead service line sampled, the sampling method, and the date of sampling.

4. Any PWS which collects lead service line samples following partial lead service line replacement required by § 1.7.5 of this Part shall report the results to the Director within the first ten (10) days of the month following the month in which the PWS receives the laboratory results, or as specified by the Director. The Director, at his or her discretion may eliminate this requirement to report these monitoring results. PWS shall also report any additional information as specified by the Director, and in a time and manner prescribed by the Director, to verify that all partial lead service line replacement activities have taken place.

G. Public Education Program Reporting Requirements

1. Any PWS that is subject to the public education requirements in § 1.7.6 of this Part, shall, within ten (10) days after the end of each period in which the PWS is required to perform public education tasks in accordance with § 1.7.6(C) of this Part, send written documentation to the Director that contains:

a. A demonstration that the PWS has delivered the public education materials that meet the content requirements in § 1.7.6(B) of this Part and the delivery requirements in § 1.7.6(C) of this Part; and

b. A list of all the newspapers, radio stations, television stations, and facilities and organizations to which the PWS delivered public education materials during the period in which the PWS was required to perform public education tasks.

2. Unless required by the Director, a PWS that previously has submitted the information required by § 1.7.11(G)(1)(b) of this Part, need not resubmit the information required by § 1.7.11(G)(1)(b) of this Part, as long as there have been no changes in the distribution list and the PWS certifies that the public education materials were distributed to the same list submitted previously.

3. No later than three (3) months following the end of the monitoring period, each PWS must mail a sample copy of the consumer notification of tap results to the Director along with a certification that the notification has been distributed in a manner consistent with the requirements of § 1.7.6(E) of this Part.

H. Reporting of Additional Monitoring Data. Any PWS which collects sampling data in addition to that required by this subpart shall report the results to the Director within the first ten (10) days following the end of the applicable monitoring period under §§ 1.7.7, 1.7.8 and 1.7.9 of this Part during which the samples are collected.

I. Reporting of 90th Percentile Lead and Copper Concentrations Where the Director Calculates a PWS’s 90th Percentile Concentration. A PWS is not required to report the 90th percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period, as required by § 1.7.11(B)(1)(d) of this Part, if:

1. The Director has previously notified the PWS that it will calculate the water PWS’s 90th percentile lead and copper concentrations, based on the lead and copper tap results submitted pursuant to § 1.7.11(I)(2)(a) of this Part, and has specified a date before the end of the applicable monitoring period by which the PWS must provide the results of lead and copper tap water samples;

2. The PWS has provided the following information to the Director by the date specified in § 1.7.11(I)(1) of this Part:

a. The results of all tap samples for lead and copper including the location of each site and the criteria under §§ 1.7.7(A)(3), (4), (5), (6), and/or (7) of this Part, under which the site was selected for the PWS’s sampling pool, pursuant to § 1.7.11(B)(1)(a) of this Part; and

b. An identification of sampling sites utilized during the current monitoring period that were not sampled during previous monitoring periods, and an explanation why sampling sites have changed; and

3. The Director has provided the results of the 90th percentile lead and copper calculations, in writing, to the PWS before the end of the monitoring period.

1.7.12 Record Keeping Requirements.

Any PWS 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, Director determinations and any other information required by §§ 1.7.2 through 1.7.9 of this Part. Each PWS shall retain the records required by this section for no fewer than twelve (12) years.

1.8.1 Maximum Contaminant Levels (MCLs) for Disinfection Byproducts

A. The maximum contaminant levels (MCLs) for disinfection byproducts are as follows:

B. Compliance dates.

1. Community PWS and non-transient, non-community PWS. § 1.6 PWS must comply with this Section as follows:

a. Stage 1 TTHM and HAA5-RAA Compliance. All PWS must comply with the MCLs for TTHM and HAA5 as a running annual average (RRA) until the date specified for § 1.8.10 of this Part compliance in § 1.8.10(A)(3) of this Part.

b. Stage 2 Disinfection Byproducts-LRAA Compliance. The MCLs for TTHM and HAA5 must be complied with as a locational running annual average (LRRA) at each monitoring location beginning the date specified for § 1.8.10 of this Part compliance in § 1.8.10(A)(3) of this Part.

C. Best Technology, Treatment Techniques, or Other Means for Achieving Compliance

1. The following are identified as the best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for disinfection byproducts identified in § 1.8.1(A) of this Part:

a. Bromate: Control of ozone treatment process to reduce production of bromate.

b. Chlorite: Control of treatment processes to reduce disinfectant demand and control of disinfection treatment processes to reduce disinfectant levels.

2. The following are identified as the best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for TTHM and HAA5 identified in § 1.8.1(A) of this Part for all PWS that disinfect their source water:

a. TTHM and HAA5: Enhanced coagulation or enhanced softening plus GAC10; or nanofiltration with a molecular weight cutoff less than or equal to 1000 daltons; or GAC20.

3. The following are identified as the best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for TTHM and HAA5 identified in § 1.8.1(A) of this Part, for consecutive PWS and applies only to the disinfected water that consecutive PWS buy or otherwise receive:

a. TTHM and HAA5:

(1) Systems serving greater than or equal to 10,000: Improved distribution system and storage tank management to reduce residence time, plus the use of chloramines for disinfectant residual maintenance.

(2) Systems serving less than 10,000: Improved distribution system and storage tank management to reduce residence time.

1.8.2 Maximum Residual Disinfectant Levels (MRDLs)

A. Maximum residual disinfectant levels (MRDLs) are as follows:

1. Chlorine: 4.0 (as Cl2)

2. Chloramines: 4.0 (as Cl2)

3. Chlorine dioxide: 0.8 (as ClO2)

B. Compliance Dates.

1. Community PWS and non-transient non-community PWS. § 1.6 PWS serving 10,000 or more persons must comply with this Section. § 1.6 PWS serving fewer than 10,000 persons and PWSs using only groundwater not under the direct influence of surface water must comply with this section.

2. Transient non-community PWS. § 1.6 PWS serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL. § 1.6 PWS serving fewer than 10,000 persons and using chlorine dioxide as a disinfectant or oxidant and PWSs using only groundwater not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL.

C. The following are identified as the best technology, treatment techniques, or other means available for achieving compliance with the maximum residual disinfectant levels identified in § 1.8.2(A) of this Part: control of treatment processes to reduce disinfectant demand and control of disinfection treatment processes to reduce disinfectant levels.

1.8.3 General Requirements

A. The requirements of § 1.8 of this Part constitute the State of Rhode Island primary drinking water regulations.

1. The regulations in this Section establish criteria under which community PWS and non-transient, non-community PWS 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 in §§ 1.8.1 and 1.8.2 of this Part, respectively, and must meet the treatment technique requirements for disinfection byproduct precursors in § 1.8.8 of this Part.

2. The regulations in this Section establish criteria under which transient non-community PWS that use chlorine dioxide as a disinfectant or oxidant must modify their practices to meet the MRDL for chlorine dioxide in § 1.8.2 of this Part.

3. The EPA has established MCLs for TTHM and HAA5 and treatment technique requirements for disinfection byproduct precursors to limit the levels of known and unknown disinfection byproducts which may have adverse health effects. These disinfection byproducts may include chloroform, bromodichloromethane, dibromochloromethane, bromoform, dichloroacetic acid, and trichloroacetic acid.

B. Each community PWS and non-transient non-community PWS regulated under § 1.8.3(A) of this Part, must be operated by qualified personnel who meet the requirements specified by the Director and be certified in accordance with the rules and regulations titled, “Certification of Public Drinking Water Supply Treatment and Public Water Supply Transmission and Distribution Operators” (Part 5 of this Subchapter).

C. Control of Disinfectant Residuals. Notwithstanding the MRDLs in § 1.8.2 of this Part, PWS 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.

1.8.4 Analytical Requirements

A. General.

1. PWS must use only the analytical method(s) specified in § 1.8.4 of this Part, and § 1.21 of this Part, or their equivalent as approved by EPA, to demonstrate compliance with the requirements of § 1.8 of this Part.

B. Disinfection Byproducts.

1. PWS must measure disinfection byproducts by the methods (as modified by the footnotes) listed in § 1.21 of this Part.

3. A party approved by EPA or the Director must measure daily chlorite samples at the entrance to the distribution system.

C. Disinfectant Residuals

1. PWS must measure residual disinfectant concentrations for free chlorine, combined chlorine (chloramines), and chlorine dioxide by the methods listed in the § 1.21 of this Part.

2. If approved by the Director, PWS may also measure residual disinfectant concentrations for chlorine, chloramines, and chlorine dioxide by using DPD colorimetric test kits.

3. A party approved by EPA or the Director must measure residual disinfectant concentration.

D. Additional Analytical Methods. PWS required to analyze parameters not included in §§ 1.8.4(B) and (C) of this Part must use the following methods. A party approved by EPA or the Director must measure these parameters.

1. Alkalinity. All methods allowed in § 1.21 of this Part for measuring alkalinity.

2. Bromide. All methods allowed in § 1.21 of this Part for measuring bromide.

3. Total Organic Carbon (TOC). All methods allowed in § 1.21 of this Part for measuring total organic carbon (TOC).

4. Specific Ultraviolet Absorbance (SUVA). SUVA is equal to the UV absorption at 254 nm (UV254) (measured in m-1) divided by the dissolved organic carbon (DOC) concentration (measured as mg/L). In order to determine SUVA, it is necessary to separately measure UV254 and DOC. When determining SUVA, PWSs must use the methods stipulated in § 1.21 of this Part

5. pH. All methods allowed in § 1.21 of this Part for measuring pH.

6. Magnesium. All methods allowed in § 1.21 of this Part for measuring magnesium.

1.8.5 Monitoring Requirements

A. General Requirements

1. PWS must take all samples during normal operating conditions.

2. PWS may consider multiple wells drawing water from a single aquifer as one (1) treatment plant for determining the minimum number of TTHM and HAA5 samples required, with approval of the Director in accordance with criteria developed by the Director.

3. Failure to monitor in accordance with the monitoring plan required under § 1.8.5(F) of this Part, is a monitoring violation.

4. 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 PWS's failure to monitor makes it impossible to determine compliance with MCLs or MRDLs.

5. PWS may use only data collected under the provisions of this Section subpart or the Information Collection Rule known as subpart M of 40 C.F.R. § 141 to qualify for reduced monitoring.

B. Monitoring Requirements for Disinfection Byproducts

1. TTHMs and HAA5

a. Routine monitoring. PWS must monitor at the frequency indicated in the following table. Multiple wells drawing water from a single aquifer may be considered one (1) treatment plant for determining the minimum number of samples required, with Director approval in accordance with criteria developed by the Director.:

b. PWS may reduce monitoring, except as otherwise provided, in accordance with the following table:

c. Monitoring requirements for source water TOC. In order to qualify for reduced monitoring for TTHM and HAA5 under § 1.8.5(B)(1)(b) of this Part, § 1.6 PWS not monitoring under the provisions of § 1.8.5(D) of this Part, must take monthly TOC samples every thirty (30) days at a location prior to any treatment, beginning April 1, 2008 or earlier, if specified by the Director. In addition to meeting other criteria for reduced monitoring in § 1.8.5(B)(1)(b) of this Part, the source water TOC running annual average must be ? 4.0 mg/L (based on the most recent four quarters of monitoring) on a continuing basis at each treatment plant to reduce or remain on reduced monitoring for TTHM and HAA5. Once qualified for reduced monitoring for TTHM and HAA5 under § 1.8.5(B)(1)(b) of this Part, a PWS may reduce source water TOC monitoring to quarterly TOC samples taken every ninety (90) days at a location prior to any treatment

d. PWS on a reduced monitoring schedule may remain on that reduced schedule as long as the average of all samples taken in the year (for PWSs which must monitor quarterly) or the result of the sample (for PWSs which must monitor no more frequently than annually) is no more than 0.060 mg/L and 0.045 mg/L for TTHMs and HAA5, respectively. PWS that do not meet these levels must resume monitoring at the frequency identified in § 1.8.5(B)(1)(a) of this Part, (minimum monitoring frequency column) in the quarter immediately following the monitoring period in which the PWS exceeds 0.060 mg/L or 0.045 mg/L for TTHM or HAA5 respectively. For PWS using only groundwater not under the direct influence of surface water and serving fewer than 10,000 persons, if either the TTHM annual average is >0.080 mg/L or the HAA5 annual average is >0.060 mg/L, the PWS must go to the increased monitoring identified in § 1.8.5(B)(1)(a) of this Part, (sample location column) in the quarter immediately following the monitoring period in which the PWS exceeds 0.080 mg/L or 0.060 mg/L for TTHMs or HAA5, respectively.

e. PWS on increased monitoring may return to routine monitoring if, after at least one (1) year of monitoring, their TTHM annual average is ?0.060 mg/L and their HAA5 annual average is ?0.045 mg/L.

f. The Director may return a PWS to routine monitoring at the Director’s discretion.

2. Chlorite. Community and non-transient, non-community PWS using chlorine dioxide, for disinfection or oxidation, must conduct monitoring for chlorite.

a. Routine Monitoring

(1) Daily monitoring: PWS must take daily samples at the entrance to the distribution system. For any daily sample that exceeds the chlorite MCL, the PWS must take additional samples in the distribution system the following day at the locations required by § 1.8.5(B)(2)(b) of this Part, in addition to the sample required at the entrance to the distribution system.

(2) Monthly monitoring: PWS must take a three-sample set each month in the distribution system. The PWS must take one (1) sample at each of the following locations: near the first customer, at a location representative of average residence time, and at a location reflecting maximum residence time in the distribution system. Any additional routine sampling must be conducted in the same manner (as three-sample sets, at the specified locations). The PWS may use the results of additional monitoring conducted under § 1.8.5(B)(2)(b) of this Part, to meet the requirement for monitoring in this Paragraph.

b. Additional monitoring. On each day following a routine sample monitoring result that exceeds the chlorite MCL at the entrance to the distribution system, the PWS is required to take three (3) chlorite distribution system samples at the following locations: as close to the first customer as possible, in a location representative of average residence time, and as close to the end of the distribution system as possible (reflecting maximum residence time in the distribution system).

c. Reduced monitoring

(1) Chlorite monitoring at the entrance to the distribution system required by § 1.8.5(B)(2)(a)((1)) of this Part, may not be reduced.

(2) Chlorite monitoring in the distribution system required by § 1.8.5(B)(2)(a)((2)) of this Part, may be reduced to one (1) three-sample set per quarter after one (1) year of monitoring where no individual chlorite sample taken in the distribution system under § 1.8.5(B)(2)(a)((2)) of this Part, has exceeded the chlorite MCL and the PWS has not been required to conduct monitoring under § 1.8.5(B)(2)(b) of this Part. The PWS may remain on the reduced monitoring schedule until either any of the three (3) individual chlorite samples taken quarterly in the distribution system under § 1.8.5(B)(2)(a)((2)) of this Part, exceeds the chlorite MCL or the PWS is required to conduct monitoring under § 1.8.5(B)(2)(b) of this Part, at which time the PWS must revert to routine monitoring.

3. Bromate

a. Routine monitoring. Community and non-transient non-community PWS using ozone, for disinfection or oxidation, must take one (1) sample per month for each treatment plant in the PWS using ozone. PWS must take samples monthly at the entrance to the distribution system while the ozonation system is operating under normal conditions.

b. Reduced monitoring

(1) A PWS required to analyze for bromate may reduce monitoring from monthly to quarterly, if the PWS's running annual average bromate concentration is ? 0.0025 mg/L based on monthly bromate measurements under § 1.8.5(B)(3)(a) of this Part, for the most recent four quarters, with samples analyzed using Method 317.0 Revision 2.0, 326.0 or 321.8. If a PWS has qualified for reduced bromate monitoring under § 1.8.5(B)(3)(b)((1)) of this Part, that PWS may remain on reduced monitoring as long as the running annual average of quarterly bromate samples is ? 0.0025 mg/L based on samples analyzed using Method 317.0 Revision 2.0, 326.0, or 321.8. If the running annual average bromate concentration is >0.0025 mg/L, the PWS must resume routine monitoring required by § 1.8.5(B)(3)(a) of this Part.

C. Monitoring Requirements for Disinfectant Residuals

1. Chlorine and Chloramines

a. Routine monitoring. Community and non-transient, non-community PWS 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 §§ 1.16 and 1.17 of this Part. § 1.6 PWS may use the results of residual disinfectant concentration sampling conducted under §§ 1.6.6(A)(6) and 1.6.7(A)(3) of this Part, in lieu of taking separate samples.

b. Reduced monitoring. Monitoring may not be reduced.

2. Chlorine Dioxide

a. Routine monitoring. Community, non-transient non-community, and transient non-community PWS that use chlorine dioxide for disinfection or oxidation must take daily samples at the entrance to the distribution system. For any daily sample that exceeds the MRDL, the PWS must take samples in the distribution system the following day at the locations required by § 1.8.5(C)(2)(b) of this Part, in addition to the sample required at the entrance to the distribution system.

b. Additional monitoring. On each day following a routine sample monitoring result that exceeds the MRDL, the PWS is required to take three (3) chlorine dioxide distribution system samples. If chlorine dioxide or chloramines are used to maintain a disinfectant residual in the distribution system, or if chlorine is used to maintain a disinfectant residual in the distribution system and there are no disinfection addition points after the entrance to the distribution system (i.e., no booster chlorination), the PWS must take three (3) samples as close to the first customer as possible, at intervals of at least six (6) hours. If chlorine is used to maintain a disinfectant residual in the distribution system and there are one (1) or more disinfection addition points after the entrance to the distribution system (i.e., booster chlorination), the PWS must take one (1) sample at each of the following locations: as close to the first customer as possible, in a location representative of average residence time, and as close to the end of the distribution system as possible (reflecting maximum residence time in the distribution system).

c. Reduced monitoring. Chlorine dioxide monitoring may not be reduced.

D. Monitoring Requirements for Disinfection Byproduct Precursors (DBPP)

1. Routine Monitoring. § 1.6 PWS which use conventional filtration treatment (as defined in § 1.2 of this Part) must monitor each treatment plant for TOC no later than the point of combined filter effluent turbidity monitoring and representative of the treated water. All PWS required to monitor under § 1.8.5(D)(1) of this Part, must also monitor for TOC in the source water prior to any treatment at the same time as monitoring for TOC in the treated water. These samples (source water and treated water) are referred to as paired samples. At the same time as the source water sample is taken, all PWS must monitor for alkalinity in the source water prior to any treatment. PWS must take one (1) paired sample and one (1) source water alkalinity sample per month per plant at a time representative of normal operating conditions and influent water quality.

2. Reduced Monitoring. § 1.6 PWS with an average treated water TOC of less than 2.0 mg/L for two (2) consecutive years, or less than 1.0 mg/L for one (1) year, may reduce monitoring for both TOC and alkalinity to one (1) paired sample and one (1) source water alkalinity sample per plant per quarter. The PWS must revert to routine monitoring in the month following the quarter when the annual average treated water TOC ? 2.0 mg/L.

E. Bromide. PWS required to analyze for bromate may reduce bromate monitoring from monthly to once per quarter, if the PWS demonstrates that the average source water bromide concentration is less than 0.05 mg/L based upon representative monthly measurements for one (1) year. The PWS must continue bromide monitoring to remain on reduced bromate monitoring.

F. Monitoring Plans. Each PWS required to monitor under this subpart must develop and implement a monitoring plan. The PWS must maintain the plan and make it available for inspection by the Director and the general public no later than thirty (30) days following the applicable compliance dates in § 1.8.3 of this Part. All § 1.6 PWSs serving more than 3,300 people must submit a copy of the monitoring plan to the Director no later than the date of the first report required under § 1.8.7 of this Part. The Director may also require the plan to be submitted by any other PWS. After review, the Director may require changes in any plan elements. The plan must include at least the following elements.

1. Specific locations and schedules for collecting samples for any parameters included in this subpart.

2. How the PWS will calculate compliance with MCLs, MRDLs, and treatment techniques.

3. If approved by the Director for monitoring as a consecutive PWS, or if providing water to a consecutive PWS, the sampling plan must reflect the entire distribution system.

1.8.6 Compliance Requirements

A. General Requirements

1. Where compliance is based on a running annual average of monthly or quarterly samples or averages and the PWS fails to monitor for TTHM, HAA5, or bromate, this failure to monitor will be treated as a monitoring 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 PWS failure to monitor makes it impossible to determine compliance with MRDLs for chlorine and chloramines, this failure to monitor will be treated as a monitoring violation for the entire period covered by the annual average.

2. All samples taken and analyzed under the provisions of this Section must be included in determining compliance, even if that number is greater than the minimum required.

3. If, during the first year of monitoring under § 1.8.5 of this Part, any individual quarter's average will cause the running annual average of that PWS to exceed the MCL, the PWS is out of compliance at the end of that quarter.

B. Disinfection Byproducts

1. TTHMs and HAA5

a. For PWS monitoring quarterly, compliance with MCLs in § 1.8.1 of this Part, must be based on a running annual arithmetic average, computed quarterly, of quarterly arithmetic averages of all samples collected by the PWS as prescribed by § 1.8.5(B)(1) of this Part.

b. For PWS monitoring less frequently than quarterly, PWSs demonstrate MCL compliance if the average of samples taken that year under the provisions of § 1.8.5(B)(1) of this Part does not exceed the MCLs in § 1.8.1 of this Part. If the average of these samples exceeds the MCL, the PWS must increase monitoring to once per quarter per treatment plant and such a PWS is not in violation of the MCL until it has completed one (1) year of quarterly monitoring, unless the result of fewer than four (4) quarters of monitoring will cause the running annual average to exceed the MCL, in which case the PWS is in violation at the end of that quarter. PWS required to increase monitoring frequency to quarterly monitoring must calculate compliance by including the sample which triggered the increased monitoring plus the following three (3) quarters of monitoring.

c. If the running annual arithmetic average of quarterly averages covering any consecutive four-quarter period exceeds the MCL, the PWS is in violation of the MCL and must notify the public pursuant to § 1.16.6 of this Part, whichever is effective for your PWS, in addition to reporting to the State pursuant to § 1.8.7 of this Part.

d. If a PWS fails to complete four (4) consecutive quarters of monitoring, compliance with the MCL for the last four-quarter compliance period must be based on an average of the available data.

2. Bromate. Compliance must be based on a running annual arithmetic average, computed quarterly, of monthly samples (or, for months in which the PWS takes more than one (1) sample, the average of all samples taken during the month) collected by the PWS as prescribed by § 1.8.5(B)(3) of this Part. If the average of samples covering any consecutive four-quarter period exceeds the MCL, the PWS is in violation of the MCL and must notify the public pursuant to § 1.16.6 of this Part, in addition to reporting to the Director pursuant to § 1.8.7 of this Part. If a PWS fails to complete twelve (12) consecutive months' monitoring, compliance with the MCL for the last four-quarter compliance period must be based on an average of the available data.

3. Chlorite. Compliance must be based on an arithmetic average of each three (3) sample set taken in the distribution system as prescribed by §§ 1.8.5(B)(2)(a)((2)) and 1.8.5(B)(2)(b) of this Part. If the arithmetic average of any three (3) sample set exceeds the MCL, the PWS is in violation of the MCL and must notify the public pursuant to § 1.16.6 of this Part, in addition to reporting to the Director pursuant to § 1.8.7 of this Part.

C. Disinfectant Residuals

1. Chlorine and Chloramines

a. Compliance must be based on a running annual arithmetic average, computed quarterly, of monthly averages of all samples collected by the PWS under § 1.8.5(C)(1) of this Part. If the average covering any consecutive four-quarter period exceeds the MRDL, the PWS is in violation of the MRDL and must notify the public pursuant to § 1.16.6 of this Part, in addition to reporting to the Director pursuant to § 1.8.7 of this Part.

b. In cases where PWS switch between the use of chlorine and chloramines for residual disinfection during the year, compliance must be determined by including together all monitoring results of both chlorine and chloramines in calculating compliance. Reports submitted pursuant to § 1.8.7 of this Part, must clearly indicate which residual disinfectant was analyzed for each sample.

2. Chlorine Dioxide

a. Acute violations. Compliance must be based on consecutive daily samples collected by the PWS under § 1.8.5(C)(2) of this Part. If any daily sample taken at the entrance to the distribution system exceeds the MRDL, and on the following day one (1) (or more) of the three (3) samples taken in the distribution system exceed the MRDL, the PWS is in violation of the MRDL and must take immediate corrective action to lower the level of chlorine dioxide below the MRDL and must notify the public pursuant to the procedures for acute health risks in § 1.16.6 of this Part in addition to reporting to the Director pursuant to § 1.8.7 of this Part. Failure to take samples in the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system will also be considered an MRDL violation and the PWS must notify the public of the violation in accordance with the provisions for acute violations under § 1.16.6 of this Part in addition to reporting to the Director pursuant to § 1.8.7 of this Part.

b. Nonacute violations. Compliance must be based on consecutive daily samples collected by the PWS under § 1.8.5(C)(2) of this Part. If any two (2) consecutive daily samples taken at the entrance to the distribution system exceed the MRDL and all distribution system samples taken are below the MRDL, the PWS is in violation of the MRDL and must take corrective action to lower the level of chlorine dioxide below the MRDL at the point of sampling and will notify the public pursuant to the procedures for nonacute health risks in § 1.16.6 of this Part in addition to reporting to the Director pursuant to § 1.8.7 of this Part. Failure to monitor at the entrance to the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system is also an MRDL violation and the PWS must notify the public of the violation in accordance with the provisions for nonacute violations under § 1.16.6 of this Part in addition to reporting to the Director pursuant to § 1.8.7 of this Part.

D. Disinfection Byproduct Precursors (DBPP). Compliance must be determined as specified by § 1.8.8(C) of this Part. PWS may begin monitoring to determine whether Step 1 TOC removals can be met twelve (12) months prior to the compliance date for the PWS. This monitoring is not required and failure to monitor during this period is not a violation. However, any PWS that does not monitor during this period, and then determines in the first twelve (12) months after the compliance date that it is not able to meet the Step 1 requirements in § 1.8.8(B)(2) of this Part, and must therefore apply for alternate minimum TOC removal (Step 2) requirements, is not eligible for retroactive approval of alternate minimum TOC removal (Step 2) requirements as allowed pursuant to § 1.8.8 (B)(3) of this Part, and is in violation. PWS may apply for alternate minimum TOC removal (Step 2) requirements any time after the compliance date. For PWS required to meet Step 1 TOC removals, if the value calculated under § 1.8.8 of this Part, is less than 1.00, the PWS is in violation of the treatment technique requirements and must notify the public pursuant to § 1.16.6 of this Part, in addition to reporting to the Director pursuant to § 1.8.7 of this Part.

1.8.7 Reporting and Recordkeeping Requirements

A. PWS required to sample quarterly or more frequently must report to the Director within ten (10) days after the end of each quarter in which samples were collected. PWS required to sample less frequently than quarterly must report to the Director within ten (10) days after the end of each monitoring period in which samples were collected.

B. Disinfection Byproducts. PWS must report the information specified in the following table:

C. Disinfectants. PWS must report the information specified in the following table:

D. Disinfection Byproduct Precursors and Enhanced Coagulation or Enhanced Softening. PWSs must report the information specified in the following table:

1.8.8 Treatment Technique for Control of Disinfection Byproduct (DBP) Precursors

A. Applicability

1. § 1.6 PWS using conventional filtration treatment (as defined in § 1.2 of this Part) must operate with enhanced coagulation or enhanced softening to achieve the TOC percent removal levels specified in § 1.8.8(B) of this Part unless the PWS meets at least one (1) of the alternative compliance criteria listed in §§ 1.8.8(A)(2) or (3) of this Part.

2. Alternative Compliance Criteria for Enhanced Coagulation and Enhanced Softening Systems. § 1.6 PWS using conventional filtration treatment may use the alternative compliance criteria in §§ 1.8.8(A)(2)(a) through (f) of this Part to comply with this Section in lieu of complying with § 1.8.8(B) of this Part. PWS must still comply with monitoring requirements in § 1.8.5(D) of this Part.

a. The PWS's source water TOC level, measured according to § 1.8.4(D)(3) of this Part, is less than 2.0 mg/L, calculated quarterly as a running annual average.

b. The PWS's treated water TOC level, measured according to § 1.8.4(D)(3) of this Part, is less than 2.0 mg/L, calculated quarterly as a running annual average.

c. The PWS's source water TOC level, measured according to § 1.8.4(D)(3) of this Part, is less than 4.0 mg/L, calculated quarterly as a running annual average; the source water alkalinity, measured according to § 1.8.4(D)(1) of this Part, is greater than 60 mg/L (as CaCO3), calculated quarterly as a running annual average; and either the TTHM and HAA5 running annual averages are no greater than 0.040 mg/L and 0.030 mg/L, respectively. PWS must submit evidence of a clear and irrevocable financial commitment, in addition to a schedule containing milestones and periodic progress reports for installation and operation of appropriate technologies, to the Director for approval. Failure to install and operate these technologies by the date in the approved schedule will constitute a violation of this Part.

d. The TTHM and HAA5 running annual averages are no greater than 0.040 mg/L and 0.030 mg/L, respectively, and the PWS uses only chlorine for primary disinfection and maintenance of a residual in the distribution system.

e. The PWS’s source water SUVA, prior to any treatment and measured monthly according to § 1.8.4(D)(4) of this Part, is less than or equal to 2.0 L/mg-m, calculated quarterly as a running annual average.

f. The PWS's finished water SUVA, measured monthly according to § 1.8.4(D)(4) of this Part, is less than or equal to 2.0 L/mg-m, calculated quarterly as a running annual average.

3. Additional Alternative Compliance Criteria for Softening Systems. PWS practicing enhanced softening that cannot achieve the TOC removals required by § 1.8.8(B)(2) of this Part may use the alternative compliance criteria in §§ 1.8.8(A)(3)(a) and (b) of this Part in lieu of complying with § 1.8.8(B) of this Part. PWS must still comply with monitoring requirements in § 1.8.5(D) of this Part.

a. Softening that results in lowering the treated water alkalinity to less than 60 mg/L (as CaCO3), measured monthly according to § 1.8.4(D)(1) of this Part, and calculated quarterly as a running annual average.

b. Softening that results in removing at least 10 mg/L of magnesium hardness (as CaCO3), measured monthly according to § 1.8.4(D)(6) of this Part, and calculated quarterly as an annual running average.

B. Enhanced Coagulation and Enhanced Softening Performance Requirements

1. PWS must achieve the percent reduction of TOC specified in § 1.8.8(B)(2) of this Part, between the source water and the combined filter effluent, unless the Director approves a PWS's request for alternate minimum TOC removal (Step 2) requirements under § 1.8.8(B)(3) of this Part.

2. Required Step 1 TOC reductions, indicated in the following table, are based upon specified source water parameters measured in accordance with § 1.8.4(D) of this Part. PWS practicing softening are required to meet the Step 1 TOC reductions in the far-right column (Source water alkalinity >120 mg/L) for the specified source water TOC.

3. § 1.6 conventional treatment systems that cannot achieve the Step 1 TOC removals required by § 1.8.8(B)(2) of this Part, due to water quality parameters or operational constraints must apply to the Director, within three (3) months of failure to achieve the TOC removals required by § 1.8.8(B)(2) of this Part, for approval of alternative minimum TOC (Step 2) removal requirements submitted by the PWS. If the Director approves the alternative minimum TOC removal (Step 2) requirements, the Director may make those requirements retroactive for the purposes of determining compliance. Until the Director approves the alternate minimum TOC removal (Step 2) requirements, the PWS must meet the Step 1 TOC removals contained in § 1.8.8(B)(2) of this Part.

4. Alternate Minimum TOC Removal (Step 2) Requirements. Applications made to the Director by enhanced coagulation systems for approval of alternate minimum TOC removal (Step 2) requirements under § 1.8.8(B)(3) of this Part must include, at a minimum, results of bench- or pilot-scale testing conducted under § 1.8.8(B)(4)(a) of this Part. The submitted bench- or pilot-scale testing must be used to determine the alternate enhanced coagulation level.

a. Alternate enhanced coagulation level is defined as coagulation at a coagulant dose and pH as determined by the method described in §§ 1.8.8(B)(4)(a) through (e) of this Part, such that an incremental addition of 10 mg/L of alum (or equivalent amount of ferric salt) results in a TOC removal of ?0.3 mg/L. The percent removal of TOC at this point on the “TOC removal versus coagulant dose” curve is then defined as the minimum TOC removal required for the PWS. Once approved by the Director, this minimum requirement supersedes the minimum TOC removal required by the table in § 1.8.8(B)(2) of this Part. This requirement will be effective until such time as the Director approves a new value based on the results of a new bench- and pilot-scale test. Failure to achieve Director- set alternative minimum TOC removal levels is a violation of this Part.

b. Bench- or pilot-scale testing of enhanced coagulation must be conducted by using representative water samples and adding 10 mg/L increments of alum (or equivalent amounts of ferric salt) until the pH is reduced to a level less than or equal to the enhanced coagulation Step 2 target pH shown in the following table:

c. For waters with alkalinities of less than 60 mg/L for which addition of small amounts of alum or equivalent addition of iron coagulant drives the pH below 5.5 before significant TOC removal occurs, the PWS must add necessary chemicals to maintain the pH between 5.3 and 5.7 in samples until the TOC removal of 0.3 mg/L per 10 mg/L alum added (or equivalent addition of iron coagulant) is reached.

d. The PWS may operate at any coagulant dose or pH necessary (consistent with the other requirements of this Part) to achieve the minimum TOC percent removal approved under § 1.8.8(B)(3) of this Part.

e. If the TOC removal is consistently less than 0.3 mg/L of TOC per 10 mg/L of incremental alum dose at all dosages of alum (or equivalent addition of iron coagulant), the water is deemed to contain TOC not amenable to enhanced coagulation. The PWS may then apply to the Director for a waiver of enhanced coagulation requirements.

C. Compliance Calculations

1. § 1.6 PWS other than those identified in §§ 1.8.8(A)(2) or (3) of this Part must comply with requirements contained in §§ 1.8.8(B)(2) or (3) of this Part. PWS must calculate compliance quarterly, beginning after the PWS has collected twelve (12) months of data, by determining an annual average using the following method:

a. Determine actual monthly TOC percent removal, equal to: (1 - (treated water TOC/source water TOC)) × 100

b. Determine the required monthly TOC percent removal (from either the table in § 1.8.8(B)(2) or from § 1.8.8(B)(3) of this Part.

c. Divide the value in § 1.8.8(C)(1)(a) of this Part by the value in § 1.8.8(C)(1)(b) of this Part.

d. Add together the results of § 1.8.8(C)(1)(c) of this Part, for the last twelve (12) months and divide by 12.

e. If the value calculated in § 1.8.8(C)(1)(d) of this Part is less than 1.00, the PWS is not in compliance with the TOC percent removal requirements.

2. PWS may use the provisions in §§ 1.8.8(C)(2)(a) through (e) of this Part in lieu of the calculations in §§ 1.8.8(C)(1)(a) through (e) of this Part, to determine compliance with TOC percent removal requirements.

a. In any month that the PWS's treated or source water TOC level, measured according to § 1.8.4(D)(3) of this Part, is less than 2.0 mg/L, the PWS may assign a monthly value of 1.0 (in lieu of the value calculated in § 1.8.8(C)(1)(c) of this Part) when calculating compliance under the provisions of § 1.8.8(C)(1) of this Part.

b. In any month that a PWS practicing softening removes at least 10 mg/L of magnesium hardness (as CaCO3), the PWS may assign a monthly value of 1.0 (in lieu of the value calculated in § 1.8.8(C)(1)(c) of this Part) when calculating compliance under the provisions of § 1.8.8(C)(1) of this Part.

c. In any month that the PWS's source water SUVA, prior to any treatment and measured according to § 1.8.4(D)(4) of this Part, is ?2.0 L/mg-m, the PWS may assign a monthly value of 1.0 (in lieu of the value calculated in § 1.8.8(C)(1)(c) of this Part) when calculating compliance under the provisions of § 1.8.8(C)(1) of this Part.

d. In any month that the PWS's finished water SUVA, measured according to § 1.8.4(D)(4) of this Part, is ?2.0 L/mg-m, the PWS may assign a monthly value of 1.0 (in lieu of the value calculated in § 1.8.8(C)(1)(c) of this Part) when calculating compliance under the provisions of § 1.8.8(C)(1) of this Part.

e. In any month that a PWS practicing enhanced softening lowers alkalinity below 60 mg/L (as CaCO3), the PWS may assign a monthly value of 1.0 (in lieu of the value calculated in § 1.8.8(C)(1)(c) of this Part) when calculating compliance under the provisions of § 1.8.8 (C)(1) of this Part.

3. § 1.6 PWS using conventional treatment may also comply with the requirements of this Section by meeting the criteria in §§ 1.8.8(A)(2) or (3) of this Part.

D. Treatment Technique Requirements for DBP Precursors. The following are identified as treatment techniques to control the level of disinfection byproduct precursors in drinking water treatment and distribution systems. For § 1.6 PWS using conventional treatment, enhanced coagulation or enhanced softening.

1.8.9 Initial Distribution System Evaluations

A. General Requirements.

1. The requirements of § 1.8.9 of this Part constitute national primary drinking water regulations. The regulations in § 1.8.9 of this Part establish monitoring and other requirements for identifying § 1.8.10 of this Part, 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, § 1.8 compliance monitoring, to identify and select § 1.8.10 of this Part, compliance monitoring locations.

2. Applicability. You are subject to these requirements if your PWS is a community PWS 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 your PWS is a non-transient non-community PWS 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.

3. Schedule.

a. You must comply with the requirements of § 1.8.9 of this Part on the schedule in the table below.

b. For the purpose of the schedule in § 1.8.9(A)(3)(a) of this Part, the Director may determine that the combined distribution system does not include certain consecutive PWS based on factors such as receiving water from a wholesale PWS only on an emergency basis or receiving only a small percentage and small volume of water from a wholesale PWS. The Director may also determine that the combined distribution system does not include certain wholesale PWS based on factors such as delivering water to a consecutive PWS only on an emergency basis or delivering only a small percentage and small volume of water to a consecutive PWS.

4. You must conduct standard monitoring that meets the requirements in § 1.8.9(B) of this Part, or a system specific study that meets the requirements in § 1.8.9(C) of this Part, or certify to the Director that you meet 40/30 certification criteria under § 1.8.9(D) of this Part, or qualify for a very small system waiver under § 1.8.9(E) of this Part.

a. You must have taken the full complement of routine TTHM and HAA5 compliance samples required of a PWS with your population and source water under § 1.8 of this Part (or you must have taken the full complement of reduced TTHM and HAA5 compliance samples required of a PWS with your population and source water under § 1.8 of this Part if you meet reduced monitoring criteria under § 1.8 of this Part during the period specified in § 1.8.9(D)(1) of this Part to meet the 40/30 certification criteria in § 1.8.9(D) of this Part. You must have taken TTHM and HAA5 samples under §§ 1.8.4 and 1.8.5 of this Part to be eligible for the very small system waiver in § 1.8.9(E) of this Part.

b. If you have not taken the required samples, you must conduct standard monitoring that meets the requirements in § 1.8.9(B) of this Part, or a system specific study that meets the requirements in § 1.8.9(C) of this Part.

5. You must use only the analytical methods specified in § 1.8.4 of this Part, or otherwise approved by EPA for monitoring under this subpart, to demonstrate compliance with the requirements of this subpart.

6. IDSE results will not be used for the purpose of determining compliance with MCLs in § 1.8 of this Part.

B. Standard Monitoring.

1. Standard Monitoring Plan. Your standard monitoring plan must comply with §§ 1.8.9(B)(1)(a) through (d) of this Part. You must prepare and submit your standard monitoring plan to the Director according to the schedule in § 1.8.9(A)(3) of this Part.

a. Your standard monitoring plan must include a schematic of your distribution system (including distribution system entry points and their sources, and storage facilities), with notes indicating locations and dates of all projected standard monitoring, and all projected § 1.8 compliance monitoring.

b. Your standard monitoring plan must include justification of standard monitoring location selection and a summary of data you relied on to justify standard monitoring location selection.

c. Your standard monitoring plan must specify the population served and PWS type (§ 1.6 or groundwater).

d. You must retain a complete copy of your standard monitoring plan submitted under § 1.8.9(B)(1) of this Part, including any Director modification of your standard monitoring plan, for as long as you are required to retain your IDSE report under § 1.8.9(B)(3)(d) of this Part.

2. Standard Monitoring.

a. You must monitor as indicated in the table below. You must collect dual sample sets at each monitoring location. One sample in the dual sample set must be analyzed for TTHM. The other sample in the dual sample set must be analyzed for HAA5. You must conduct one monitoring period during the peak historical month for TTHM levels or HAA5 levels or the month of warmest water temperature. You must review available compliance, study, or operational data to determine the peak historical month for TTHM or HAA5 levels or warmest water temperature.

b. You must take samples at locations other than the existing § 1.8 of this Part monitoring locations. Monitoring locations must be distributed throughout the distribution system.

c. If the number of entry points to the distribution system is fewer than the specified number of entry point monitoring locations, excess entry point samples must be replaced equally at high TTHM and HAA5 locations. If there is an odd extra location number, you must take a sample at a high TTHM location. If the number of entry points to the distribution system is more than the specified number of entry point monitoring locations, you must take samples at entry points to the distribution system having the highest annual water flows.

d. Your monitoring under § 1.8.9(B)(2) of this Part may not be reduced under the provisions of other sections of this Part.

3. IDSE Report. Your IDSE report must include the elements required in § 1.8.9(B)(3)(a) through (d) of this Part. You must submit your IDSE report to the Director according to the schedule in § 1.8.9(A)(3) of this Part.

a. Your IDSE report must include all TTHM and HAA5 analytical results from § 1.8 of this Part compliance monitoring and all standard monitoring conducted during the period of the IDSE as individual analytical results and LRAAs presented in a tabular or spreadsheet format acceptable to the Director. If changed from your standard monitoring plan submitted under § 1.8.9(B)(1) of this Part, your report must also include a schematic of your distribution system, the population served, and PWS type (§ 1.6 or groundwater).

b. Your IDSE report must include an explanation of any deviations from your approved standard monitoring plan.

c. You must recommend and justify § 1.8.10 of this Part compliance monitoring locations and timing based on the protocol in § 1.8.9(F) of this Part.

d. You must retain a complete copy of your IDSE report submitted under § 1.8.9(B) of this Part for 10 years after the date that you submitted your report. If the Director modifies the § 1.8.10 of this Part monitoring requirements that you recommended in your IDSE report or if the Director approves alternative monitoring locations, you must keep a copy of the Director's notification on file for 10 years after the date of the Director's notification. You must make the IDSE report and any Director notification available for review by the Director or the public.

C. System Specific Studies.

1. System Specific Study Plan. Your system specific study plan must be based on either existing monitoring results as required under § 1.8.9(C)(1)(a) of this Part or modeling as required under § 1.8.9(C)(1)(b) of this Part. You must prepare and submit your system specific study plan to the Director according to the schedule in § 1.8.9(A)(3) of this Part.

a. Existing Monitoring Results. You may comply by submitting monitoring results collected before you are required to begin monitoring under § 1.8.9(A)(3) of this Part. The monitoring results and analysis must meet the criteria in §§ 1.8.9(C)(1)(a)((1)) and ((2)) of this Part.

(1) Minimum Requirements.

(AA) TTHM and HAA5 results must be based on samples collected and analyzed in accordance with § 1.8.4 of this Part. Samples must be collected no earlier than five years prior to the study plan submission date.

(BB) The monitoring locations and frequency must meet the conditions identified in this paragraph [§ 1.8.9(C)(1)(a)((1))((BB)) of this Part]. Each location must be sampled once during the peak historical month for TTHM levels or HAA5 levels or the month of warmest water temperature for every 12 months of data submitted for that location. Monitoring results must include all § 1.8 of this Part compliance monitoring results plus additional monitoring results as necessary to meet minimum sample requirements.

(2) Reporting Monitoring Results. You must report the information in this paragraph [§ 1.8.9(C)(1)(a)((2)) of this Part].

(AA) You must report previously collected monitoring results and certify that the reported monitoring results include all compliance and non-compliance results generated during the time period beginning with the first reported result and ending with the most recent § 1.8 of this Part results.

(BB) You must certify that the samples were representative of the entire distribution system and that treatment, and distribution system have not changed significantly since the samples were collected.

(CC) Your study monitoring plan must include a schematic of your distribution system (including distribution system entry points and their sources, and storage facilities), with notes indicating the locations and dates of all completed or planned system specific study monitoring.

(DD) Your system specific study plan must specify the population served and PWS type (§ 1.6 or groundwater).

(EE) You must retain a complete copy of your system specific study plan submitted under § 1.8.9(C)(1)(a) of this Part including any Director modification of your system specific study plan, for as long as you are required to retain your IDSE report under § 1.8.9(C)(2)(g) of this Part.

(FF) If you submit previously collected data that fully meet the number of samples required under § 1.8.9(C)(1)(a)((1))((BB)) of this Part and the Director rejects some of the data, you must either conduct additional monitoring to replace rejected data on a schedule the Director approves or conduct standard monitoring under § 1.8.9(B) of this Part.

b. Modeling. You may comply through analysis of an extended period simulation hydraulic model. The extended period simulation hydraulic model and analysis must meet the criteria in this paragraph, § 1.8.9(C)(1)(b) of this Part.

(1) Minimum Requirements.

(AA) The model must simulate 24-hour variation in demand and show a consistently repeating 24-hour pattern of residence time.

(BB) The model must represent the criteria listed in §§ 1.8.9(C)(1)(b)((1))((BB))((i)) through ((ix)) of this Part.

(i) seventy-five percent (75%) of pipe volume;

(ii) fifty percent (50%) of pipe length;

(iii) All pressure zones;

(iv) All 12-inch diameter and larger pipes;

(v) All 8-inch and larger pipes that connect pressure zones, influence zones from different sources, storage facilities, major demand areas, pumps, and control valves, or are known or expected to be significant conveyors of water;

(vi) All 6-inch and larger pipes that connect remote areas of a distribution system to the main portion of the system;

(vii) All storage facilities with standard operations represented in the model; and

(viii) All active pump stations with controls represented in the model; and

(ix) All active control valves.

(CC) The model must be calibrated, or have calibration plans, for the current configuration of the distribution system during the period of high TTHM formation potential. All storage facilities must be evaluated as part of the calibration process. All required calibration must be completed no later than twelve (12) months after plan submission.

(2) Reporting Modeling. Your system specific study plan must include the information in this paragraph [§ 1.8.9(C)(1)(b)((2)) of this Part].

(AA) Tabular or spreadsheet data demonstrating that the model meets requirements in § 1.8.9(C)(1)(b)((1))((BB)) of this Part.

(BB) A description of all calibration activities undertaken, and if calibration is complete, a graph of predicted tank levels versus measured tank levels for the storage facility with the highest residence time in each pressure zone, and a time series graph of the residence time at the longest residence time storage facility in the distribution system showing the predictions for the entire simulation period (i.e., from time zero until the time it takes to for the model to reach a consistently repeating pattern of residence time).

(CC) Model output showing preliminary 24-hour average residence time predictions throughout the distribution system.

(DD) Timing and number of samples representative of the distribution system planned for at least one monitoring period of TTHM and HAA5 dual sample monitoring at a number of locations no less than would be required for the PWS under standard monitoring in § 1.8.9(B) of this Part, during the historical month of high TTHM. These samples must be taken at locations other than existing § 1.8 of this Part compliance monitoring locations.

(EE) Description of how all requirements will be completed no later than twelve (12) months after you submit your system specific study plan.

(FF) Schematic of your distribution system (including distribution system entry points and their sources, and storage facilities), with notes indicating the locations and dates of all completed system specific study monitoring (if calibration is complete) and all § 1.8 of this Part compliance monitoring.

(GG) Population served and PWS type (§ 1.6 or groundwater).

(HH) You must retain a complete copy of your system specific study plan submitted under this § 1.8.9(C)(1)(b) of this Part, including any Director modification of your system specific study plan, for as long as you are required to retain your IDSE report under § 1.8.9(C)(2)(g) of this Part.

(3) If you submit a model that does not fully meet the requirements under § 1.8.9(C)(1)(b) of this Part, you must correct the deficiencies and respond to the Director’s inquiries concerning the model. If you fail to correct deficiencies or respond to inquiries to the Director's satisfaction, you must conduct standard monitoring under § 1.8.9(B) of this Part.

2. IDSE Report. Your IDSE report must include the elements required in §§ 1.8.9(C)(2)(a) through (f) of this Part. You must submit your IDSE report according to the schedule in § 1.8.9(A)(3) of this Part.

a. Your IDSE report must include all TTHM and HAA5 analytical results from § 1.8 of this Part compliance monitoring and all system specific study monitoring conducted during the period of the system specific study presented in a tabular or spreadsheet format acceptable to the Director. If changed from your system specific study plan submitted under § 1.8.9(C)(1) of this Part, your IDSE report must also include a schematic of your distribution system, the population served, and PWS type (§ 1.6 or groundwater).

b. If you used the modeling provision under § 1.8.9(C)(1)(b) of this Part, you must include final information for the elements described in § 1.8.9(C)(1)(b)((2)) of this Part, and a 24-hour time series graph of residence time for each § 1.8.10 compliance monitoring location selected.

c. You must recommend and justify § 1.8.10 compliance monitoring locations and timing based on the protocol in § 1.8.9(F) of this Part.

d. Your IDSE report must include an explanation of any deviations from your approved system specific study plan.

e. Your IDSE report must include the basis (analytical and modeling results) and justification you used to select the recommended § 1.8.10 of this Part monitoring locations.

f. You may submit your IDSE report in lieu of your system specific study plan on the schedule identified in § 1.8.9(A)(3) of this Part for submission of the system specific study plan if you believe that you have the necessary information by the time that the system specific study plan is due. If you elect this approach, your IDSE report must also include all information required under § 1.8.9(C)(1) of this Part.

g. You must retain a complete copy of your IDSE report submitted under this section for 10 years after the date that you submitted your IDSE report. If the Director modifies the § 1.8.10 monitoring requirements that you recommended in your IDSE report or if the Director approves alternative monitoring locations, you must keep a copy of the Director's notification on file for 10 years after the date of the Director's notification. You must make the IDSE report and any Director notification available for review by the Director or the public.

D. 40/30 Certification.

1. Eligibility. You are eligible for 40/30 certification if you had no TTHM or HAA5 monitoring violations under § 1.8 of this Part, and no individual sample exceeded 0.040 mg/L for TTHM or 0.030 mg/L for HAA5 during an eight-consecutive calendar quarter period beginning no earlier than the date specified in the table below.

2. 40/30 Certification.

a. You must certify to the Director that every individual compliance sample taken under § 1.8 of this Part during the periods specified in paragraph (a) of this section were ? 0.040 mg/L for TTHM and ? 0.030 mg/L for HAA5, and that you have not had any TTHM or HAA5 monitoring violations during the period specified in § 1.8.9(D)(1) of this Part.

b. The Director may require you to submit compliance monitoring results, distribution system schematics, and/or recommended § 1.8.10 of this Part compliance monitoring locations in addition to your certification. If you fail to submit the requested information, the Director may require standard monitoring under § 1.8.9(B) of this Part or a system specific study under § 1.8.9(C) of this Part.

c. The Director may still require standard monitoring under § 1.8.9(B) of this Part or a system specific study under § 1.8.9(C) of this Part even if you meet the criteria in § 1.8.9(D)(1) of this Part.

d. You must retain a complete copy of your certification submitted under this section for ten (10) years after the date that you submitted your certification. You must make the certification, all data upon which the certification is based, and any Director notification available for review by the Director or the public.

E. Very Small System Waivers.

1. If you serve fewer than five hundred (500) people and you have taken TTHM and HAA5 samples under § 1.8 of this Part, you are not required to comply with § 1.8.9 of this Part unless the Director notifies you that you must conduct standard monitoring under § 1.8.9(B) of this Part or a system specific study under § 1.8.9(C) of this Part.

2. If you have not taken TTHM and HAA5 samples under § 1.8 of this Part or if the Director notifies you that you must comply with § 1.8.9 of this Part, you must conduct standard monitoring under § 1.8.9(B) of this Part or a system specific study under § 1.8.9(C) of this Part.

F. Stage 2 (§ 1.8.10) Compliance Monitoring Location Recommendations.

1. Your IDSE report must include your recommendations and justification for where and during what month(s) TTHM and HAA5 monitoring for § 1.8.10 of this Part should be conducted. You must base your recommendations on the criteria in §§ 1.8.9(F)(2) through (5) of this Part.

2. You must select the number of monitoring locations specified in the table below. You will use these recommended locations as § 1.8.10 of this Part routine compliance monitoring locations, unless the Director requires different or additional locations. You should distribute locations throughout the distribution system to the extent possible.

a. All PWS must monitor during month of highest DBP concentrations.

b. PWS on quarterly monitoring must take dual sample sets every ninety (90) days at each monitoring location, except for § 1.6 PWSs serving 500-3,300. Groundwater PWS serving 500-9,999 on annual monitoring must take dual sample sets at each monitoring location. All other PWS on annual monitoring and § 1.6 PWS serving 500-3,300 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. For PWS serving fewer than five hundred (500) people, only one (1) location with a dual sample set per monitoring period is needed if highest TTHM and HAA5 concentrations occur at the same location and month.

3. You must recommend § 1.8.10 compliance monitoring locations based on standard monitoring results, system specific study results, and § 1.8 of this Part compliance monitoring results. You must follow the protocol in §§ 1.8.9(F)(3)(a) through (h) of this Part. If required to monitor at more than eight locations, you must repeat the protocol as necessary. If you do not have existing § 1.8 of this Part compliance monitoring results or if you do not have enough existing § 1.8 of this Part compliance monitoring results, you must repeat the protocol, skipping the provisions of §§ 1.8.9(F)(3)(c) and (g) of this Part, as necessary, until you have identified the required total number of monitoring locations.

a. Location with the highest TTHM LRAA not previously selected as a § 1.8.10 of this Part monitoring location.

b. Location with the highest HAA5 LRAA not previously selected as a § 1.8.10 of this Part monitoring location.

c. Existing § 1.8 of this Part average residence time compliance monitoring location (maximum residence time compliance monitoring location for groundwater PWSs) with the highest HAA5 LRAA not previously selected as a § 1.8.10 of this Part monitoring location.

d. Location with the highest TTHM LRAA not previously selected as a § 1.8.10 of this Part monitoring location.

e. Location with the highest TTHM LRAA not previously selected as a § 1.8.10 of this Part monitoring location.

f. Location with the highest HAA5 LRAA not previously selected as a § 1.8.10 of this Part monitoring location.

g. Existing § 1.8 of this Part average residence time compliance monitoring location (maximum residence time compliance monitoring location for groundwater PWSs) with the highest TTHM LRAA not previously selected as a § 1.8.10 of this Part monitoring location.

h. Location with the highest HAA5 LRAA not previously selected as a § 1.8.10 of this Part monitoring location.

4. You may recommend locations other than those specified in § 1.8.9(F)(3) of this Part if you include a rationale for selecting other locations. If the Director approves the alternate locations, you must monitor at these locations to determine compliance under § 1.8.10 of this Part.

5. Your recommended schedule must include § 1.8.10 of this Part monitoring during the peak historical month for TTHM and HAA5 concentration, unless the Director approves another month. Once you have identified the peak historical month, and if you are required to conduct routine monitoring at least quarterly, you must schedule § 1.8.10 of this Part compliance monitoring at a regular frequency of every 90 days or fewer.

1.8.10 Stage 2 Disinfection Byproducts Requirements

A. General Requirements.

1. General. The requirements of § 1.8.10 of this Part constitute national primary drinking water regulations. The regulations in § 1.8.10 of this Part 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 PWSs.

2. Applicability. You are subject to these requirements if your PWS is a community PWS or a non-transient non-community PWS 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.

3. Schedule. You must comply with the requirements in this subpart on the schedule in the following table based on your PWS type.

4. Monitoring and Compliance.

a. PWS Required to Monitor Quarterly. To comply with the MCLs in § 1.8.1 of this Part, you 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 you fail 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.

b. PWS Required to Monitor Yearly or Less Frequently. To determine compliance with the MCLs in § 1.8.1 of this Part, you must determine that each sample taken is less than the MCL. If any sample exceeds the MCL, you must comply with the requirements of § 1.8.10(F) of this Part. If no sample exceeds the MCL, the sample result for each monitoring location is considered the LRAA for that monitoring location.

5. Violation. You are in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating an LRAA if you fail to monitor.

B. Routine Monitoring.

1. Monitoring.

a. If you submitted an IDSE report, you must begin monitoring at the locations and months you have recommended in your IDSE report submitted under § 1.8.9(F) of this Part following the schedule in § 1.8.10(A)(3) of this Part, unless the Director requires other locations or additional locations after its review. If you submitted a 40/30 certification under § 1.8.9(D) of this Part or you qualified for a very small system waiver under § 1.8.9(E) of this Part or you are a non-transient non-community PWS serving < 10,000, you must monitor at the location(s) and dates identified in your monitoring plan in § 1.8.5(F) of this Part, updated as required by § 1.8.10(C) of this Part.

b. You must monitor at no fewer than the number of locations identified in the table below.

(1) All PWS must monitor during month of highest DBP concentrations.

(2) PWS on quarterly monitoring must take dual sample sets every ninety (90) days at each monitoring location, except for § 1.6 PWS serving 500-3,300. Groundwater PWS serving 500-9,999 on annual monitoring must take dual sample sets at each monitoring location. All other PWS on annual monitoring and § 1.6 PWS serving 500-3,300 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. For PWS serving fewer than five hundred (500) people, only one (1) location with a dual sample set per monitoring period is needed if the highest TTHM and HAA5 concentrations occur at the same location and month.

c. If you are an undisinfected PWS that begins using a disinfectant other than UV light after the dates in § 1.8.9 of this Part for complying with the Initial Distribution System Evaluation requirements, you must consult with the Director to identify compliance monitoring locations for § 1.8.10 of this Part. You must then develop a monitoring plan under § 1.8.10(C) of this Part, that includes those monitoring locations.

2. Analytical Methods. You must use an approved method listed in § 1.8.4 of this Part for TTHM and HAA5 analyses in § 1.8.10 of this Part. Analyses must be conducted by laboratories that have received certification by EPA or the Director as specified in § 1.8.4 of this Part.

C. Monitoring Plan.

1. You must develop and implement a monitoring plan to be kept on file for Director and public review. The monitoring plan must contain the elements in §§ 1.8.10(C)(1)(a) through (d) of this Part and be complete no later than the date you conduct your initial monitoring under this subpart.

a. Monitoring locations;

b. Monitoring dates;

c. Compliance calculation procedures; and

d. Monitoring plans for any other PWS in the combined distribution system if the Director has reduced monitoring requirements under the Director’s authority.

e. If you were not required to submit an IDSE report under either §§ 1.8.9(B) or 1.8.9(C) of this Part, and you do not have sufficient § 1.8 of this Part monitoring locations to identify the required number of § 1.8.10 of this Part compliance monitoring locations indicated in § 1.8.9(F)(2) of this Part, you 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. You must also provide the rationale for identifying the locations as having high levels of TTHM or HAA5. If you have more § 1.8 of this Part monitoring locations than required for § 1.8.10 of this Part compliance monitoring in § 1.8.9(F)(2) of this Part, you must identify which locations you will use for § 1.8.10 of this Part compliance monitoring by alternating selection of locations representing high TTHM levels and high HAA5 levels until the required number of § 1.8.10 of this Part compliance monitoring locations have been identified.

2. If you are a § 1.6 PWS serving > 3,300 people, you must submit a copy of your monitoring plan to the Director prior to the date you conduct your initial monitoring under this subpart, unless your IDSE report submitted under § 1.8.9 of this Part, contains all the information required by this section.

3. You may revise your 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 Director-approved reasons, after consultation with the Director regarding the need for changes and the appropriateness of changes. If you change monitoring locations, you 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 Director may also require modifications in your monitoring plan. If you are a § 1.6 PWS serving > 3,300 people, you must submit a copy of your modified monitoring plan to the Director prior to the date you are required to comply with the revised monitoring plan.

D. Reduced Monitoring.

1. You may reduce monitoring to the level specified in the table below any time the LRAA is ? 0.040 mg/L for TTHM and ? 0.030 mg/L for HAA5 at all monitoring locations. You may only use data collected under the provisions of §§ 1.8.5 or 1.8.10 of this Part to qualify for reduced monitoring. In addition, the source water annual average TOC level, before any treatment, must be ? 4.0 mg/L at each treatment plant treating surface water or groundwater under the direct influence of surface water, based on monitoring conducted under either §§ 1.8.5(B)(1)(c) or 1.8.5(D) of this Part.

a. Systems on quarterly monitoring must take dual sample sets every 90 days.

2. You may remain on reduced monitoring as long as the TTHM LRAA ? 0.040 mg/L and the HAA5 LRAA ? 0.030 mg/L at each monitoring location (for PWS with quarterly reduced monitoring) or each TTHM sample ? 0.060 mg/L and each HAA5 sample ? 0.045 mg/L (for PWS with annual or less frequent monitoring). In addition, the source water annual average TOC level, before any treatment, must be ? 4.0 mg/L at each treatment plant treating surface water or groundwater under the direct influence of surface water, based on monitoring conducted under either §§ 1.8.5(B)(1)(c) or 1.8.5(D) of this Part.

3. 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, >4.0 mg/L at any treatment plant treating surface water or groundwater under the direct influence of surface water, you must resume routine monitoring under § 1.8.10(B) of this Part or begin increased monitoring if § 1.8.10(F) of this Part applies.

4. The Director may return your PWS to routine monitoring at the Director's discretion.

E. Additional Requirements for Consecutive PWS. If you are a consecutive PWS that does not add a disinfectant but delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light, you must comply with analytical and monitoring requirements for chlorine and chloramines in §§ 1.8.4(C) and 1.8.5(C)(2) of this Part and the compliance requirements in § 1.8.6(C)(1) of this Part, beginning April 1, 2009, unless required earlier by the Director, and report monitoring results under § 1.8.7(C) of this Part.

F. Conditions Requiring Increased Monitoring.

1. If you are required to monitor at a particular location annually or less frequently than annually under §§ 1.8.10(B) or 1.8.10(D) of this Part, you 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.

2. You are in violation of the MCL when the LRAA exceeds the MCLs in § 1.8.1 of this Part, 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). You are in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating an LRAA if you fail to monitor.

3. You may return to routine monitoring once you have 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.

G. Operational Evaluation Levels.

1. You have 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.

2. If you exceed the operational evaluation level, you must conduct an operational evaluation and submit a written report of the evaluation to the Director no later than 90 days after being notified of the analytical result that causes you to exceed the operational evaluation level. The written report must be made available to the public upon request.

a. Your operational evaluation must include an examination of PWS 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 exceedances.

(1) You may request and the Director may allow you to limit the scope of your evaluation if you are able to identify the cause of the operational evaluation level exceedance.

(2) Your request to limit the scope of the evaluation does not extend the schedule in § 1.8.10(G)(2) of this Part, for submitting the written report. The Director must approve this limited scope of evaluation in writing and you must keep that approval with the completed report.

H. Requirements for Remaining on Reduced TTHM and HAA5 Monitoring Based on Stage 1 Results.

1. You may remain on reduced monitoring after the dates identified in § 1.8.10(A)(3) of this Part for compliance with § 1.8.10 of this Part only if you qualify for a 40/30 certification under § 1.8.9(D) of this Part or have received a very small system waiver under § 1.8.9(E) of this Part, plus you meet the reduced monitoring criteria in § 1.8.10(D)(1) of this Part, and you do not change or add monitoring locations from those used for compliance monitoring under § 1.8.5 of this Part. If your monitoring locations under § 1.8.10 of this Part differ from your monitoring locations under § 1.8.5 of this Part, you may not remain on reduced monitoring after the dates identified in § 1.8.10(A)(3) of this Part for compliance with § 1.8.10 of this Part.

I. Requirements for Remaining on Increased TTHM and HAA5 Monitoring Based on Stage 1 Results.

1. If you were on increased monitoring under § 1.8.5(B)(1) of this Part, you must remain on increased monitoring until you qualify for a return to routine monitoring under § 1.8.10(F)(3) of this Part. You must conduct increased monitoring under § 1.8.10(F) of this Part, at the monitoring locations in the monitoring plan developed under § 1.8.10(C) of this Part, beginning at the date identified in § 1.8.10(A)(3) of this Part, for compliance with § 1.8.10 of this Part and remain on increased monitoring until you qualify for a return to routine monitoring under § 1.8.10(F)(3) of this Part.

J. Reporting and Recordkeeping Requirements.

1. Reporting

a. You must report the following information for each monitoring location to the Director within 10 days of the end of any quarter in which monitoring is required:

(1) Number of samples taken during the last quarter.

(2) Date and results of each sample taken during the last quarter.

(3) Arithmetic average of quarterly results for the last four quarters for each monitoring location (LRAA), beginning at the end of the fourth calendar quarter that follows the compliance date and at the end of each subsequent quarter. 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, you must report this information to the Director as part of the first report due following the compliance date or anytime thereafter that this determination is made. If you are required to conduct monitoring at a frequency that is less than quarterly, you must make compliance calculations beginning with the first compliance sample taken after the compliance date, unless you are required to conduct increased monitoring under § 1.8.10(F) of this Part.

(4) Whether, based on §§ 1.8.1 and 1.8.10 of this Part, the MCL was violated at any monitoring location.

(5) Any operational evaluation levels that were exceeded during the quarter and, if so, the location and date, and the calculated TTHM and HAA5 levels.

b. If you are a § 1.6 PWS seeking to qualify for or remain on reduced TTHM/HAA5 monitoring, you must report the following source water TOC information for each treatment plant that treats surface water or groundwater under the direct influence of surface water to the Director within 10 days of the end of any quarter in which monitoring is required:

(1) The number of source water TOC samples taken each month during last quarter.

(2) The date and result of each sample taken during last quarter.

(3) The quarterly average of monthly samples taken during last quarter or the result of the quarterly sample.

(4) The running annual average (RAA) of quarterly averages from the past four quarters.

(5) Whether the RAA exceeded 4.0 mg/L.

c. The Director may choose to perform calculations and determine whether the MCL was exceeded or the PWS is eligible for reduced monitoring in lieu of having the PWS report that information

2. Recordkeeping. You must retain any § 1.8.10 of this Part monitoring plans and your § 1.8.10 of this Part monitoring results as required by § 1.11 of this Part.

1.9.1 General Requirement

Any person maintaining a PWS shall operate and maintain the water supply facilities so that the water furnished to the public is safe and potable.

1.9.2 Contamination of Tanks

A. Connected to Unsafe Supplies. Any person who maintains a PWS connection to a tank which is also supplied with water from a PWS found by the Director to be unsafe shall maintain the tank open to atmospheric pressure, and the public water supply pipe shall terminate at least two (2) pipe diameters above the maximum level of water in the tank. The tank overflow shall be of adequate size to fix definitely the maximum level.

B. Avoidance of Contamination in Tanks. Any person who is furnished water from a PWS and maintains a tank supplied only by such water shall have such tank so constructed and maintained to prevent contaminants from gaining access to the tank interior.

1.9.3 Connections Between Distribution Systems

A. No person shall maintain a physical connection joining a PWS with any other PWS, unless such connection is approved by the Director.

B. It is the responsibility of the PWS to register all existing or proposed connections between the PWS and any other water supply with the Director on or before January 1, 1992 or as they are proposed or discovered, whichever is later.

1.9.4 Cross-Connection Control

A. Applicability

1. Pursuant to the provisions of R.I. Gen. Laws § 46-13-22, the Department has adopted regulation to protect PWS distribution and transmission infrastructures from contamination through cross-connections. All community and non-transient, non-community PWS are required to comply with the provisions of this subsection and self-certify to the Department of the preparation and implementation of a plan, detailing their cross-connection control program. The containment approach shall be used, requiring the installation of backflow preventers at all newly constructed service connections prior to the provision of water service and at all commercial and industrial service connections. This regulation is not intended to replace or infringe on State plumbing code regarding cross-connections downstream of the service connection.

B. Cross-Connections.

1. No actual or potential connections between a PWS and a source of contamination shall be permitted unless a backflow preventer, commensurate with the degree of hazard, is installed in accordance with this section. When feasible, existing cross-connections shall be promptly eliminated. PWS may not be designed or constructed in a manner, which creates a cross-connection.

C. Required Plan Components.

1. Each plan must be prepared in accordance with current State approved guidance and shall include, at a minimum, the following ten elements:

a. Authority. As authorized by this regulation, cross-connection control ordinance adopted at the local level establishing legal authority for the PWS to implement their cross-connection control program.

b. Policy. Statement of program purpose and policy regarding cross-connection control.

c. Responsibilities. Outline the responsibilities and requirements of all involved parties (e.g. PWS, customers, local and state officials).

d. Administration. Planning and implementation of the program, determination of level of hazard, and suitable timetables for:

(1) Identification. Surveying new and existing service connections, determining levels of hazard, and selecting appropriate backflow preventers by a certified cross-connection surveyor. All preventers shall be equal to or greater than the highest degree of hazard on any internal backflow preventer. Completion of this requirement shall take no longer than five (5) years after the plan certification date.

(2) Elimination. Completion of necessary corrections or removal of actual or potential cross-connections, taking into consideration the degree of hazard involved and the time required to obtain and to install the appropriate backflow preventer.

(3) Inspection. Inspection and/or testing of backflow preventers by a certified backflow preventer inspector/tester.

e. Required Records.

(1) Master list of service connections relying upon approved backflow preventers to protect the PWS.

(2) Inventory information on approved air gaps or backflow preventers to include a description, installation date, history of inspections, tests, and repairs, test results, and the name of the inspector/tester.

(3) Program summary reports and backflow incident reports.

f. Enforcement Policy.

(1) PWS are authorized to terminate water service to any customer who fails to complete any corrective action deemed necessary upon due notice or refuses access for the inspection of the service connection by a representative of the PWS. No more than forty-five (45) days shall be allowed for the correction of a low-level hazard and ten (10) days for a condition involving a moderate or high-level hazard unless an extension is granted by the water supplier. Service shall be immediately terminated if access is refused to any location for the inspection of the service connection or if an immediate hazard is posed.

g. Quality Assurance and Control.

(1) A program to include documentation of tester and surveyor certification, selection of field test equipment, test kit calibration, test report contents, and time frames for submission of completed test reports.

h. Templates.

(1) Standardized survey forms, reports, and notifications used by the water supplier.

i. Public Education.

(1) A program to educate customers on, at a minimum, thermal expansion in closed loop systems and limitations on the protection of water downstream of the service connection.

j. Response.

(1) Procedures for responding to backflow incidents.

D. Approved References

1. The development and implementation of cross-connection control programs must reflect the guidance provided in the most recently published editions of references such as, but not limited to, those listed below:

a. Cross Connection Control Manual, USEPA, incorporated by reference in § 1.24(B) of this Part.

b. Manual of Cross-Connection Control, USC-FCCCHR, incorporated by reference in § 1.24(C) of this Part.

c. Backflow Prevention and Cross-Connection Control, Recommended Practices (M14), AWWA, incorporated by reference in § 1.24(D) of this Part.

d. Other references approved by the Director.

E. Training and Certification of Personnel

1. Any individual conducting work or tests on a backflow preventer, surveying for cross-connections, or drafting (reviewing and approving) plans/programs must hold a current certification from a program recognized by the Director, appropriate to the responsibilities and skill required.

a. Two (2) functional classes of certification are recognized: Inspector/Tester and Surveyor.

(1) Inspectors/Testers shall have completed a basic level certification course that covers the inspection, cleaning, and basic repair, maintenance, and testing of backflow preventers and are limited to performing these tasks.

(2) Surveyors shall have completed a basic level certification course that covers surveying facilities for cross-connections, determination of hazard levels, drafting of plans/programs, and selection of appropriate backflow preventers and are limited to performing these tasks and the approval/disapproval of cross-connections.

b. Though strongly advised, the program administrator is not required to possess certification in cross-connection control.

c. All backflow preventers shall be installed by a Rhode Island licensed plumber, except for those installed on fire protection systems, which shall be in accordance with the provisions of the Rhode Island Fire Safety Code.

F. Approved Backflow Preventers

1. All backflow preventers shall be approved by the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California (FCCCHR-USC) and/or the American Society of Sanitary Engineers (ASSE).

G. Certification of Plan Compliance

1. Submission of cross-connection control plans to the Director is not required. All community and non-transient, non-community PWS shall certify to the Director that their plan meets or exceeds the requirements of this regulation in accordance with the following schedule:

a. Community and non-transient, non-community PWS serving more than five hundred (500) people shall submit certification of compliance no later than June 30, 2009 and implement said plan immediately thereafter.

b. Community and non-transient, non-community PWS serving five hundred (500) people or fewer shall submit certification of compliance no later than June 30, 2012 and implement said plan immediately thereafter.

c. Transient, non-community PWS are not required to implement cross-connection control programs as described in this subsection but must still comply with cross-connection related requirements of the State plumbing code.

H. Dual-Sources

1. The potable water distribution system of any building or premises must be connected to a public water supply when available. In the event that a building or premises is serviced by both a public supply and a private water source over which the PWS officials do not have sanitary control (i.e. between municipal water and a private well or a reclaimed or recycled water system), direct cross-connections between the two supplies are prohibited. An air gap between the systems shall be maintained at all times. In no event shall the private source ever supply the distribution system served by the public water supply. All dual-source facilities must be considered a high hazard and have the appropriate backflow preventer installed at the service connection.

I. Transfer of Real Estate

1. The installation of backflow preventers shall not be made a mandatory condition of a transfer of a residential property constructed prior to July 27, 2007.

J. Yearly Reporting

1. All PWS required to comply with this Part must provide an annual report to the Director on forms provided by the Director. The report shall cover January 1^st through December 31^st and be submitted to the Director no later than January 15^th of the following year.

1.9.5 Flushing of Distribution Systems.

All community and non-transient non-community PWS with populations 1,000 or greater must maintain a written flushing schedule, procedure, and log which shall be made available to the Director upon request.

1.9.6 Minimum Pressure Requirements.

A. Minimum Residual Pressure: The minimum residual pressure at the service connection under all operating conditions shall not be less than 20 psi.

B. Pressure Monitoring: Pressure shall be monitored at key critical locations and areas with known low-pressure problems, to be determined by the PWS. Pressure alarms may be used to alert operators of pressure conditions.

C. Responses to Pressure Issues: The PWS shall establish a plan or procedure to address and/or resolve frequently occurring pressure-related problems. The plan shall be available to the Director upon request.

D. Dewatering: An unsafe condition occurs when the pressure in the entire system, or any significant portion of a system has no pressure as indicated by either no water, or a trickle of water at the fixtures; or if the pressure at a well pressure tank is less than 20 psi. The Director must be notified within twenty-four (24) hours when these conditions occur. Once pressure is re-established, the system must be disinfected in accordance with AWWA standards and samples of the distribution system must be taken. Until results indicate an absence of bacteria in the system, the public water system must operate under a precautionary boil water notice.

1.9.7 Auxiliary Power.

A. All non-transient, non-community PWS that supply water to schools, day care facilities, institutions, or medical facilities, and all community PWS shall provide auxiliary power for public water sources, treatment facilities and other primary infrastructure components of the PWS that are necessary to provide for continuity of effective operation of the PWS throughout a power outage; including pump stations in pressure zones without storage. Auxiliary power shall be sufficient to maintain minimum pressure, as required in § 1.9.6 of this Part, continuously during a power outage. Exceptions from these requirements may be granted by the Director. Auxiliary power shall be provided in accordance with the following:

B. Community PWS must provide auxiliary power in accordance with this Part by April 1, 2020.

C. Non-transient, non-community PWS that supply water to schools, day care facilities, institutions or medical facilities must provide auxiliary power in accordance with this Part by April 1, 2021.

1.9.8 Notifications Involving Emergency Events

A. All owners of PWSs or their designee shall provide notification as to the status of the PWS to the Director in the event of an emergency. Such notifications shall include, at a minimum, the following:

1. Operational status of the PWS; and

2. If the PWS is not operable:

a. Cause of inoperability

b. Actions being taken to restore operability; and

c. When it is anticipated that the PWS will become operable.

B. Notifications shall be provided to the Director within twenty-four (24) hours of the occurrence of the emergency event.

C. All owners of PWS or their designees shall respond to inquiries made, and within time periods established, by the Director concerning actual or potential emergency events.

D. All public notification requirements as found in this Part shall be adhered to in the event of an emergency.

1.9.9 PWS Emergency Response Plans

A. Applicability. All owners of PWS shall develop, maintain, and carry out a PWS emergency response plan as described by this Part.

B. Transient non-community PWS shall develop emergency response plans and certify to the Director that the plan meets or exceeds the requirements of § 1.9.9 of this Part by December 1, 2020.

1. Required Plan Components.

a. The PWS emergency response plan shall be prepared in the format, and shall address each of the topics, listed in this Section, to the extent that each is relevant to the PWS, the water source(s), the PWS, and the area served or eligible to be served. Any other topic of relevance may be included.

b. The PWS emergency response plan shall include, without limitation:

(1) Names, telephone numbers, and email addresses for the PWS owner and all other emergency contacts that will be responded to twenty-four (24) hours a day, seven (7) days a week;

(2) Names and telephone numbers for external emergency contacts including the Department of Health, Department of Environmental Management, police, and fire;

(3) Procedures for notification of emergency contacts;

(4) Emergency public notification procedures and templates;

(5) A list of immediate actions to be taken during emergency situations; and

(6) Written plans for ensuring all personnel have knowledge of the plan, its location, and the emergency procedures outlined in the plan.

C. Community and non-transient, non-community PWS shall develop emergency response plans and certify to the Director that the plan meets or exceeds the requirements of § 1.9.9 of this Part. Approved emergency response plans under R.I. Gen. Laws § 46-15.3-5.1, Water Supply Systems Management Plans, are considered to be in compliance with this requirement. PWS serving populations of 10,000 or fewer shall develop emergency response plans and certify to the Director by July 1, 2020. PWS serving populations greater than or equal to 10,001 shall develop emergency response plans and certify to the Director by January 1, 2020.

1. Required Plan Components.

a. The PWS emergency response plan shall be prepared in the format, and shall address each of the topics, listed in this Part, to the extent that each is relevant to the PWS, and the area served or eligible to be served. Any other topic of interest may be included.

b. The PWS emergency response plan shall include, without limitation:

(1) A statement of the objectives that the plan is designed to achieve including identification of the criteria that will initiate activation of the plan;

(2) Known and potential natural and human-caused risk to the PWS;

(3) Major PWS component information, including identification of those components that may be incapacitated during emergency situations;

(4) Organization structure including names of emergency response team members in accordance with § 1.9.9 of this Part, telephone numbers and email addresses that will be responded to twenty-four (24) hours a day, seven (7) days a week;

(5) Contact information for external contacts including the Department of Health, Department of Environmental Management, police, fire, and local emergency management director(s) designated by the State Emergency Response Commission;

(6) Response checklist providing procedures for responding to a power outage, loss of pressure, flooding, and contamination;

(7) Procedures for obtaining and distributing potable water in the event that the primary source(s) becomes unavailable;

(8) Emergency disinfection procedures for distribution system(s) and storage tank(s);

(9) Emergency public notification procedures and templates;

(10) Vulnerability assessment; and

(11) Any other information the Director deems necessary to respond to unforeseen water emergencies and long-term, relatively predictable water emergencies.

2. Emergency Response Team. Emergency response teams shall be comprised of managerial, technical, operations, and public information personnel who are available at all times to implement the emergency response plan. The members of the emergency response team shall be listed in the emergency response plan.

3. Plan Maintenance. Emergency response plans shall be reviewed and updated whenever there is a significant change to the procedures in the plan, but in all cases at least every five years. Any change in emergency response team personnel or their telephone numbers or email addresses shall be reported to the Director within seventy-two (72) hours of such change. Plans shall be kept in a location that is readily accessible in the event of an extended emergency situation.

4. Plan Certification. Each PWS shall certify in writing to the Director that the PWS has completed such plan and that the plan is in compliance with the requirements of this Part.

1.9.10 Well Labeling.

All wells shall be labeled with a durable tag which includes the PWS ID number and the facility ID number as assigned by the Director by December 31, 2019.

A. When the water from a PWS is not safe or is subject to contamination, as determined by the Director, the person maintaining such PWS shall take immediate action to correct sanitary defects, improve operation, provide necessary water treatment, or make any other changes or additions deemed necessary by the Director to provide safe water.

B. Any person maintaining a PWS who is aware of an unsafe condition, that the water is not safe or is subject to contamination, shall notify the Director immediately.

C. Notification to consumers.

1. In the event of an unsafe condition, all community PWS must have the ability to communicate required public notice information via a mass-notification system and have the ability to produce street-level maps of the affected areas along with a list of affected addresses. Such ability shall be in effect by April 1, 2020.

2. Any community PWS that can demonstrate to the Director that they can provide notification to their consumers as rapidly as would be provided using a mass notification system may request an exemption from this requirement.

1.11.1 Reports

A. Any person maintaining a PWS shall submit or cause to be submitted by operating personnel such reports of operation pertaining to the sanitary quality, treatment and output as may be required by the Director. Such operation reports shall be submitted within ten (10) days after demand and shall be accurate and complete as required by the Director. Violations of maximum contaminant levels shall be reported to the Director within forty-eight (48) hours after such a determination is made unless otherwise required for specific contaminants.

B. It is the responsibility of the PWS to collect, have analyzed, and report the results of all water quality samples required by this Part. Samples must be collected in accordance with a written sample siting plan. These plans are subject to the Director's review and revision.

1.11.2 Reporting Requirements

A. Except where a shorter period is specified in this Part, the supplier of water shall report to the Director the results of any test measurement or analysis required by this Part within:

1. The first ten days following the month in which the result is received, or

2. The first ten days following the end of the required monitoring period as stipulated by the Director, whichever of these is shortest.

3. For priority results, no later than twenty-four (24) hours after the results are known, or the next business day if State offices are closed, in accordance with the rules and regulations for Certifying Analytical Laboratories (Part 60-05-5 of this Title). Priority results include:

a. Positive total coliform results;

b. E. coli positive results;

c. Nitrate results exceeding the Maximum Contaminant Level;

d. Nitrite results exceeding the Maximum Contaminant Level; and

e. Lead results exceeding 15 ppb.

4. The compliance sampling report, containing the sampling results for microbiological contaminants, inorganic compounds, volatile organic compounds, synthetic organic compounds, radionuclides and lead and copper analyses, shall be prepared in a format prescribed by and on forms available from and submitted to the Director at the following address:

5. Within one hundred eighty (180) days after receipt of written notification from the Director, each supplier of water shall ensure that all compliance sampling reports, and the monthly report required under § 1.11.2(E) of this Part are submitted to the Director electronically in a manner compatible with the Department’s computer system.

B. Except where a different reporting period is specified in this Part, the supplier of water must report to the Director within forty-eight (48) hours the failure to comply with any national primary drinking water regulation (including failure to comply with monitoring requirements) set forth in this Part.

C. The supplier of water is not required to report analytical results to the Director in cases where the Rhode Island Department of Health Laboratory performs the analysis and reports the results to the Rhode Island Department of Health - Center for Drinking Water Quality.

D. If the supplier of water uses a certified laboratory that is not under the water supplier’s ownership or control, the water supply owner must enter into a written agreement with the laboratory to have the laboratory report the results in the form and manner required by § 1.11 of this Part.

E. Each supplier of water from a community PWS shall submit a monthly report, consisting of the daily records maintained pursuant to this Part, by the 10^th day of the month for which the records contained in the report are compiled.

F. The PWS, within ten (10) days of completing the public notification requirements under § 1.16.6 of this Part for the initial public notice and any repeat notices, must submit to this Part a certification that it has fully complied with the public notification regulations. The PWS 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 PWS and to the media.

G. The PWS shall submit to the Director within the time stated in the request copies of any records required to be maintained under this Part.

H. Failure to comply with the requirements of §§ 1.11.1 through 1.11.2 of this Part results in a reporting violation of this Part, with the exception of § 1.11.2(A)(3) of this Part, which is a violation of the rules and regulations for Certifying Analytical Laboratories (Part 60-05-5 of this Title). §§ 1.11.1 through 1.11.2 of this Part are not subject to the public notice requirements of § 1.16.6 of this Part except as specified in §§ 1.16.4 and 1.17.1 of this Part.

1.11.3 Record Maintenance.

A. Any owner or operator of a PWS subject to the provisions of this Part shall retain on its premises or at a convenient location near its premises the following records:

1. Records of microbiological analyses and turbidity analyses made pursuant to this Part shall be kept for not less than five (5) years. Records of chemical analyses made pursuant to this Part 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:

a. The date, place, and time of sampling, and the name of the person who collected the sample;

b. Identification of the sample as to whether it was a routine distribution system sample, check sample, raw or process water sample or other special purpose sample;

c. Date of analysis;

d. Laboratory and person responsible for performing analysis;

e. The analytical technique/method used; and

f. The results of the analysis.

B. The PWS must maintain a record of any repeat sample taken that meets State criteria for an extension of the 24-hour period for collecting repeat samples as provided for under § 1.16.4(A) of this Part.

C. Records of action taken by the PWS to correct violations of primary drinking water regulations shall be kept for a period not less than three (3) years after the last action taken with respect to the particular violation involved.

D. Copies of any written reports, summaries or communications relating to sanitary surveys of the PWS conducted by the PWS 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.

E. Records concerning a variance or exemption granted to the PWS shall be kept for a period ending not less than five (5) years following the expiration of such variance or exemption.

F. Copies of public notices issued pursuant to § 1.16.6 of this Part and certifications made to the Director pursuant to this section must be kept for three years after issuance.

G. 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 § 1.11.3(A) of this Part, except as specified elsewhere in this Part.

H. The PWS must maintain any assessment form, regardless of who conducts the assessment, and documentation of corrective actions completed as a result of those assessments, or other available summary documentation of the sanitary defects and corrective action taken under § 1.16.4(A)(7) of this Part for State review. This record must be maintained by the PWS for a period not less than five years after completion of the assessment or corrective action.

I. For consecutive PWS, documentation of notification to the wholesale PWS(s) of total coliform-positive samples that are not invalidated under § 1.16.4(A) of this Part. Documentation shall be kept for a period of not less than five years.

For the purpose of determining compliance with this Part, only analyses carried out by the Department of Health or in a laboratory certified by the Department of Health, EPA, or by reciprocity with another state will be considered with the exception of alkalinity, calcium, conductivity, disinfectant residual, orthophosphate, pH, silica, temperature, and turbidity, which must be carried out by a party approved by the Director.

1.13.1 General Requirements and Applicability.

A. Scope.

1. The requirements of this Part constitute National Primary Drinking Water Regulations.

B. Applicability.

1. This part applies to all PWS that use groundwater except that it does not apply to PWS that combine all of their groundwater with surface water or with groundwater under the direct influence of surface water prior to treatment under § 1.6 of this Part. For the purposes of this section, “groundwater system” is defined as any PWS meeting this applicability statement, including consecutive PWSs receiving finished groundwater.

C. General Requirements.

1. PWSs subject to this section must comply with the following requirements:

a. Sanitary survey information requirements for all groundwater systems as described in § 1.13.2 of this Part.

b. Microbial source water monitoring requirements for groundwater systems that do not treat all of their groundwater to at least 99.99 percent (4-log) treatment of viruses (using inactivation, removal, or a Director-approved combination of 4-log virus inactivation and removal) before or at the first customer as described in § 1.13.3 of this Part.

c. Treatment technique requirements, described in § 1.13.4 of this Part, that apply to groundwater systems that have fecally contaminated source waters, as determined by source water monitoring conducted under § 1.13.3 of this Part, or that have significant deficiencies that are identified by the Director or that are identified by EPA under Safe Drinking Water Act section 1445. A groundwater system with fecally contaminated source water or with significant deficiencies subject to the treatment technique requirements of this section must implement one or more of the following corrective action options: correct all significant deficiencies; provide an alternate source of water; eliminate the source of contamination; or provide treatment that reliably achieves at least 4-log treatment of viruses (using inactivation, removal, or a Director approved combination of 4-log virus inactivation and removal) before or at the first customer.

d. Groundwater systems that provide at least 4-log treatment of viruses (using inactivation, removal, or a Director-approved combination of 4-log virus inactivation and removal) before or at the first customer are required to conduct compliance monitoring to demonstrate treatment effectiveness, as described in § 1.13.4(B) of this Part.

e. If requested by the Director, groundwater systems must provide the Director with any existing information that will enable the Director to perform a hydrogeologic sensitivity assessment. For the purposes of this subpart, “hydrogeologic sensitivity assessment” is a determination of whether groundwater systems obtain water from hydrogeologically sensitive settings.

D. Compliance Date

1. Groundwater systems must comply, unless otherwise noted, with the requirements of this section.

1.13.2 Sanitary Surveys for Groundwater Systems.

A. Groundwater systems must provide the Director, at the Director's request, any existing information that will enable the Director to conduct a sanitary survey.

B. For the purposes of this section, a “sanitary survey,” as conducted by the Director, includes but is not limited to, an onsite review of the water source(s) (identifying sources of contamination by using results of source water assessments or other relevant information where available), facilities, equipment, operation, maintenance, and monitoring compliance of a PWS to evaluate the adequacy of the system, its sources and operations and the distribution of safe drinking water.

C. The sanitary survey must include an evaluation of the applicable components listed in §§ 1.13.2(C)(1) through (8) of this Part:

1. Source,

2. Treatment,

3. Distribution system,

4. Finished water storage,

5. Pumps, pump facilities, and controls,

6. Monitoring, reporting, and data verification,

7. PWS management and operation, and

8. Operator compliance with Director requirements.

1.13.3 Groundwater Source Microbial Monitoring and Analytical Methods.

A. Triggered Source Water Monitoring

1. General Requirements.

a. A groundwater system must conduct triggered source water monitoring if the conditions identified in §§ 1.13.3(A)(1)(a)((1)) and ((2)) of this Part exist.

(1) The PWS does not provide at least 4-log treatment of viruses (using inactivation, removal, or a Director-approved combination of 4-log virus inactivation and removal) before or at the first customer for each groundwater source; and

(2) The PWS is notified that a sample collected under §§ 1.16.4(A) and 1.17.1(A) of this Part is total coliform positive and the sample is not invalidated under § 1.16.4(A)(11) of this Part.

2. Sampling Requirements

a. A groundwater system must collect, within twenty-four (24) hours of notification of the total coliform-positive sample, at least one groundwater source sample from each groundwater source in use at the time the total coliform-positive sample was collected under §§ 1.16.4(A) and 1.17.1(A) of this Part, except as provided in § 1.13.3(A)(2)(a)((2)) of this Part.

(1) The Director may extend the 24-hour time limit on a case-by-case basis if the PWS cannot collect the groundwater source water sample within 24 hours due to circumstances beyond its control. In the case of an extension, the Director must specify how much time the PWS has to collect the sample.

(2) If approved by the Director, PWSs with more than one groundwater source may meet the requirements of § 1.13.3(A)(2) of this Part, by sampling a representative groundwater source or sources. If directed by the Director, PWSs must submit for Director approval a triggered source water monitoring plan that identifies one or more groundwater sources that are representative of each monitoring site in the PWS's sample siting plan under §§ 1.16.4(A) and 1.17.1(A) of this Part, and that the PWS intends to use for representative sampling under this paragraph.

3. Additional Requirements.

a. If the Director does not require corrective action under § 1.13.4(A)(2) of this Part for a fecal indicator-positive source water sample collected under § 1.13.3(A)(2) of this Part that is not invalidated under § 1.13.3(D) of this Part, the PWS must collect five additional source water samples from the same source within 24 hours of being notified of the fecal indicator positive sample.

4. Consecutive and Wholesale PWSs

a. In addition to the other requirements of § 1.13.3(A) of this Part, a consecutive groundwater system that has a total coliform-positive sample collected under §§ 1.16.4(A) and 1.17.1(A) of this Part, must notify the wholesale PWS(s) within 24 hours of being notified of the total coliform-positive sample.

b. In addition to the other requirements of § 1.13.3(A) of this Part, a wholesale groundwater system must comply with §§ 1.13.3(A)(4)(b)((1)) and ((2)) of this Part.

(1) A wholesale groundwater system that receives notice from a consecutive PWS it serves that a sample collected under §§ 1.16.4(A) and 1.17.1(A) of this Part, is total coliform-positive must, within twenty-four (24) hours of being notified, collect a sample from its groundwater source(s) under § 1.13.3(A)(2) of this Part and analyze it for a fecal indicator under § 1.13.3(C) of this Part.

(2) If the sample collected under § 1.13.3(A)(4)(b)((1)) of this Part is fecal indicator-positive, the wholesale groundwater system must notify all consecutive PWSs served by that groundwater source of the fecal indicator source water positive within twenty-four (24) hours of being notified of the groundwater source sample monitoring result and must meet the requirements of § 1.13.3(A)(3) of this Part.

5. Exceptions to The Triggered Source Water Monitoring Requirements.

a. A groundwater system is not required to comply with the source water monitoring requirements of § 1.13.3(A) of this Part, if either of the following conditions exists:

(1) The Director determines, and documents in writing, that the total coliform-positive sample collected under §§ 1.16.4(A) and 1.17.1(A) of this Part is caused by a distribution system deficiency; or

(2) The total coliform-positive sample collected under §§ 1.16.4(A) and 1.17.1(A) of this Part is collected at a location that meets Director criteria for distribution system conditions that will cause total coliform-positive samples.

B. Assessment Source Water Monitoring.

1. If directed by the Director, groundwater systems must conduct assessment source water monitoring that meets Director-determined requirements for such monitoring. A groundwater system conducting assessment source water monitoring may use a triggered source water sample collected under § 1.13.3(A)(2) of this Part to meet the requirements of § 1.13.3(B) of this Part. Director-determined assessment source water monitoring requirements may include:

a. Collection of a total of twelve (12) groundwater source samples that represent each month the PWS provides groundwater to the public,

b. Collection of samples from each well unless the PWS obtains written Director approval to conduct monitoring at one or more wells within the groundwater system that are representative of multiple wells used by that PWS and that draw water from the same hydrogeologic setting,

c. Collection of a standard sample volume of at least 100 mL for fecal indicator analysis regardless of the fecal indicator or analytical method used,

d. Analysis of all groundwater source samples using one of the analytical methods listed § 1.21 of this Part: Analytical Methods for Source Water Monitoring, for the presence of E. coli, enterococci, or coliphage,

e. Collection of groundwater source samples at a location prior to any treatment of the groundwater source unless the Director approves a sampling location after treatment, and

f. Collection of groundwater source samples at the well itself unless the PWS's configuration does not allow for sampling at the well itself and the Director approves an alternate sampling location that is representative of the water quality of that well.

C. Analytical Methods.

1. A groundwater system subject to the source water monitoring requirements of § 1.13.3(A) of this Part, must collect a standard sample volume of at least 100 mL for fecal indicator analysis regardless of the fecal indicator or analytical method used.

2. A groundwater system must analyze all groundwater source samples collected under § 1.13.3(A) of this Part, using one of the analytical methods listed in § 1.21 of this Part: Analytical Methods for Source Water Monitoring, for the presence of E. coli, enterococci, or coliphage.

D. Invalidation of a Fecal Indicator-Positive Groundwater Source Sample.

1. A groundwater system may obtain Director invalidation of a fecal indicator-positive groundwater source sample collected under § 1.13.3(A) of this Part, only under the conditions specified in §§ 1.13.3(D)(1)(a) and (b) of this Part.

a. The PWS provides the Director with written notice from the laboratory that improper sample analysis occurred; or

b. The Director determines and documents in writing that there is substantial evidence that a fecal indicator-positive groundwater source sample is not related to source water quality.

2. If the Director invalidates a fecal indicator-positive groundwater source sample, the groundwater system must collect another source water sample under § 1.13.3(A) of this Part, within twenty-four (24) hours of being notified by the Director of its invalidation decision and have it analyzed for the same fecal indicator using the analytical methods in § 1.13.3(C) of this Part. The Director may extend the twenty-four (24) hour time limit on a case-by-case basis if the PWS cannot collect the source water sample within twenty-four (24) hours due to circumstances beyond its control. In the case of an extension, the Director must specify how much time the PWS has to collect the sample.

E. Sampling Location.

1. Any groundwater source sample required under § 1.13.3(A) of this Part must be collected at a location prior to any storage and treatment of the groundwater source unless the Director approves a sampling location after storage and/or treatment.

2. If the PWS's configuration does not allow for sampling at the well itself, the PWS may collect a sample at a Director-approved location to meet the requirements of § 1.13.3(A) of this Part if the sample is representative of the water quality of that well.

F. New Sources.

1. If directed by the Director, a groundwater system that places a new groundwater source into service, must conduct assessment source water monitoring under § 1.13.3(B) of this Part. If directed by the Director, the PWS must begin monitoring before the groundwater source is used to provide water to the public.

G. Public Notification.

1. A groundwater system with a groundwater source sample collected under §§ 1.13.3(A) or (B) of this Part, that is fecal indicator-positive and that is not invalidated under § 1.13.3(D) of this Part, including consecutive PWSs served by the groundwater source, must conduct public notification under §1.16.6(B) of this Part.

H. Monitoring Violations.

1. Failure to meet the requirements of §§ 1.13.3(A) through (F) of this Part is a monitoring violation and requires the groundwater system to provide public notification under § 1.16.6(D) of this Part.

1.13.4 Treatment Technique Requirements for Groundwater Systems.

A. Groundwater Systems with Significant Deficiencies or Source Water Fecal Contamination.

1. The treatment technique requirements of this section must be met by groundwater systems when a significant deficiency is identified or when a groundwater source sample collected under § 1.13.3(A)(3) of this Part is fecal indicator-positive. For the purposes of this section, significant deficiencies include, but are not limited to, defects in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the Director determines to be causing, or have potential for causing, the introduction of contamination into the water delivered to consumers.

2. If directed by the Director, a groundwater system with a groundwater source sample collected under §§ 1.13.3(A)(2), 1.13.3(A)(4), or 1.13.3(B) of this Part that is fecal indicator-positive must comply with the treatment technique requirements of this section.

3. When a significant deficiency is identified at a PWS regulated under § 1.6 of this Part that uses both groundwater and surface water or groundwater under the direct influence of surface water, the PWS must comply with provisions of § 1.13.4 of this Part, except in cases where the Director determines that the significant deficiency is in a portion of the distribution system that is served solely by surface water or groundwater under the direct influence of surface water.

4. Unless the Director directs the groundwater system to implement a specific corrective action, the groundwater system must consult with the Director regarding the appropriate corrective action within thirty (30) days of receiving written notice from the Director of a significant deficiency, written notice from a laboratory that a groundwater source sample collected under § 1.13.3(A)(3) of this Part, was found to be fecal indicator-positive, or direction from the Director that a fecal indicator positive sample collected under §§ 1.13.3(A)(2), 1.13.3(A)(4), or 1.13.3(B) of this Part, requires corrective action.

5. Within one hundred and twenty (120) days (or earlier if directed by the Director) of receiving written notification from the Director of a significant deficiency, written notice from a laboratory that a groundwater source sample collected under § 1.13.3(A)(3) of this Part, was found to be fecal indicator-positive, or direction from the Director that a fecal indicator-positive sample collected under §§ 1.13.3(A)(2), 1.13.3(A)(4), or 1.13.3(B) of this Part requires corrective action, the groundwater system must either:

a. Have completed corrective action in accordance with applicable Director plan review processes or other Director guidance or direction, if any, including Director-specified interim measures; or

b. Be in compliance with a Director-approved corrective action plan and schedule subject to the conditions specified in §§ 1.13.4(A)(5)(b)((1)) and ((2)) of this Part.

(1) Any subsequent modifications to a Director-approved corrective action plan and schedule must also be approved by the Director.

(2) If the Director specifies interim measures for protection of the public health pending Director approval of the corrective action plan and schedule or pending completion of the corrective action plan, the PWS must comply with these interim measures as well as with any schedule specified by the Director.

6. Corrective Action Alternatives.

a. Groundwater systems that meet the conditions of §§ 1.13.4(A)(1) or (2) of this Part must implement one or more of the following corrective action alternatives:

(1) Correct all significant deficiencies;

(2) Provide an alternate source of water;

(3) Eliminate the source of contamination; or

(4) Provide treatment that reliably achieves at least 4-log treatment of viruses (using inactivation, removal, or a Director-approved combination of 4-log virus inactivation and removal) before or at the first customer for the groundwater source.

7. Special Notice to The Public of Significant Deficiencies or Source Water Fecal Contamination.

a. In addition to the applicable public notification requirements of § 1.16.6(B) of this Part, a community groundwater system that receives notice from the Director of a significant deficiency or notification of a fecal indicator-positive groundwater source sample that is not invalidated by the Director under § 1.13.3(D) of this Part, must inform the public served by the PWS under § 1.16.11(C)(8)(f) of this Part of the fecal indicator-positive source sample or of any significant deficiency that has not been corrected. The PWS 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 Director to be corrected under § 1.13.4(A)(5) of this Part.

b. In addition to the applicable public notification requirements of § 1.16.6(B) of this Part, a non-community groundwater system that receives notice from the Director of a significant deficiency must inform the public served by the PWS in a manner approved by the Director of any significant deficiency that has not been corrected within twelve (12) months of being notified by the Director, or earlier if directed by the Director. The PWS must continue to inform the public annually until the significant deficiency is corrected. The information must include:

(1) The nature of the significant deficiency and the date the significant deficiency was identified by the Director;

(2) The Director-approved plan and schedule for correction of the significant deficiency, including interim measures, progress to date, and any interim measures completed; and

(3) For PWSs with a large proportion of non-English speaking consumers, as determined by the Director, information in the appropriate language(s) regarding the importance of the notice or a telephone number or address where consumers may contact the PWS to obtain a translated copy of the notice or assistance in the appropriate language.

c. If directed by the Director, a non-community PWS 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 under § 1.13.4(A)(7)(b) of this Part.

B. Compliance Monitoring.

1. Existing Groundwater Sources. A groundwater system that is not required to meet the source water monitoring requirements of this section for any groundwater source because it provides at least 4-log treatment of viruses (using inactivation, removal, or a Director approved combination of 4-log virus inactivation and removal) before or at the first customer for any groundwater source must notify the Director in writing that it provides at least 4-log treatment of viruses (using inactivation, removal, or a Director-approved combination of 4-log virus inactivation and removal) before or at the first customer for the specified groundwater source and begin compliance monitoring in accordance with § 1.13.4(B)(3) of this Part. Notification to the Director must include engineering, operational, or other information that the Director requests to evaluate the submission. If the PWS subsequently discontinues 4-log treatment of viruses (using inactivation, removal, or a Director-approved combination of 4-log virus inactivation and removal) before or at the first customer for a groundwater source, the PWS must conduct groundwater source monitoring as required under § 1.13.3 of this Part.

2. New Groundwater Sources. A groundwater system that places a groundwater source in service after November 30, 2009, that is not required to meet the source water monitoring requirements of this section because the PWS provides at least 4-log treatment of viruses (using inactivation, removal, or a Director-approved combination of 4-log virus inactivation and removal) before or at the first customer for the groundwater source must comply with the requirements of §§ 1.13.4(B)(2)(a), (b) and (c) of this Part.

a. The PWS must notify the Director in writing that it provides at least 4-log treatment of viruses (using inactivation, removal, or a Director-approved combination of 4-log virus inactivation and removal) before or at the first customer for the groundwater source. Notification to the Director must include engineering, operational, or other information that the Director requests to evaluate the submission.

b. The PWS must conduct compliance monitoring as required under § 1.13.4(B)(3) of this Part, within thirty (30) days of placing the source in service.

c. The PWS must conduct groundwater source monitoring under § 1.13.3 of this Part, if the PWS subsequently discontinues 4-log treatment of viruses (using inactivation, removal, or a Director-approved combination of 4-log virus inactivation and removal) before or at the first customer for the groundwater source.

3. Monitoring Requirements. A groundwater system subject to the requirements of §§ 1.13.4(A), (B)(1) or (B)(2) of this Part must monitor the effectiveness and reliability of treatment for that groundwater source before or at the first customer as follows:

a. Chemical Disinfection.

(1) Groundwater Systems Serving Greater Than 3,300 People. A groundwater system that serves greater than 3,300 people must continuously monitor the residual disinfectant concentration using analytical methods specified in § 1.21 of this Part, Analysis of Disinfection Residuals, at a location approved by the Director and must record the lowest residual disinfectant concentration each day that water from the groundwater source is served to the public. The groundwater system must maintain the Director-determined residual disinfectant concentration every day the groundwater system serves water from the groundwater source to the public. If there is a failure in the continuous monitoring equipment, the groundwater system must conduct grab sampling every four hours until the continuous monitoring equipment is returned to service. The PWS must resume continuous residual disinfectant monitoring within fourteen (14) days.

(2) Groundwater Systems Serving 3,300 or Fewer People. A groundwater system that serves 3,300 or fewer people must monitor the residual disinfectant concentration using analytical methods specified in § 1.21 of this Part, Analysis of Disinfection Residuals, at a location approved by the Director and record the residual disinfection concentration each day that water from the groundwater source is served to the public. The groundwater system must maintain the Director-determined residual disinfectant concentration every day the groundwater system serves water from the groundwater source to the public. The groundwater system must take a daily grab sample during the hour of peak flow or at another time specified by the Director. If any daily grab sample measurement falls below the Director-determined residual disinfectant concentration, the groundwater system must take follow-up samples every four (4) hours until the residual disinfectant concentration is restored to the Director-determined level. Alternatively, a groundwater system that serves 3,300 or fewer people may monitor continuously and meet the requirements of § 1.13.4(B)(3)(a)((1)) of this Part.

b. Membrane Filtration. A groundwater system that uses membrane filtration to meet the requirements of this section must monitor the membrane filtration process in accordance with all Director-specified monitoring requirements and must operate the membrane filtration in accordance with all Director-specified compliance requirements. A groundwater system that uses membrane filtration is in compliance with the requirement to achieve at least 4-log removal of viruses when:

(1) The membrane has an absolute molecular weight cut-off (MWCO), or an alternate parameter that describes the exclusion characteristics of the membrane, that can reliably achieve at least 4-log removal of viruses;

(2) The membrane process is operated in accordance with Director-specified compliance requirements; and

(3) The integrity of the membrane is intact.

c. Alternative Treatment.

(1) A groundwater system that uses a Director-approved alternative treatment to meet the requirements of this subpart by providing at least 4- log treatment of viruses (using inactivation, removal, or a Director-approved combination of 4-log virus inactivation and removal) before or at the first customer must:

(AA) Monitor the alternative treatment in accordance with all Director-specified monitoring requirements; and

(BB) Operate the alternative treatment in accordance with all compliance requirements that the Director determines to be necessary to achieve at least 4-log treatment of viruses.

C. Discontinuing Treatment.

1. A groundwater system may discontinue 4-log treatment of viruses (using inactivation, removal, or a Director-approved combination of 4-log virus inactivation and removal) before or at the first customer for a groundwater source if the Director determines and documents in writing that 4-log treatment of viruses is no longer necessary for that groundwater source. A PWS that discontinues 4-log treatment of viruses is subject to the source water monitoring and analytical methods requirements of § 1.13.3 of this Part.

D. Failure to meet the monitoring requirements of § 1.13.4(B) of this Part is a monitoring violation and requires the groundwater system to provide public notification under § 1.16.6(D) of this Part.

1.13.5 Treatment Technique Violations for Groundwater Systems.

A. A groundwater system with a significant deficiency is in violation of the treatment technique requirement if, within one hundred and twenty (120) days (or earlier if directed by the Director) of receiving written notice from the Director of the significant deficiency, the PWS:

1. Does not complete corrective action in accordance with any applicable Director plan review processes or other Director guidance and direction, including Director specified interim actions and measures, or

2. Is not in compliance with a Director-approved corrective action plan and schedule.

B. Unless the Director invalidates a fecal indicator-positive groundwater source sample under § 1.13.3(D) of this Part, a groundwater system is in violation of the treatment technique requirement if, within 120 days (or earlier if directed by the Director) of meeting the conditions of §§ 1.13.4(A)(1) or (2) of this Part, the PWS:

1. Does not complete corrective action in accordance with any applicable Director plan review processes or other Director guidance and direction, including Director-specified interim measures, or

2. Is not in compliance with a Director-approved corrective action plan and schedule.

C. A groundwater system subject to the requirements of § 1.13.4(B)(3) of this Part that fails to maintain at least 4-log treatment of viruses (using inactivation, removal, or a Director-approved combination of 4-log virus inactivation and removal) before or at the first customer for a groundwater source is in violation of the treatment technique requirement if the failure is not corrected within four hours of determining the PWS is not maintaining at least 4-log treatment of viruses before or at the first customer.

D. A groundwater system must give public notification under § 1.16.6(C) of this Part for the treatment technique violations specified in §§ 1.13.5(A), (B) and (C) of this Part.

1.13.6 Reporting and Recordkeeping for Groundwater Systems.

A. Reporting.

1. In addition to the requirements of § 1.11 of this Part, a groundwater system regulated under this section must provide the following information to the Director:

a. A groundwater system conducting compliance monitoring under § 1.13.4(B) of this Part, must notify the Director any time the PWS fails to meet any Director-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 groundwater system must notify the Director as soon as possible, but in no case later than the end of the next business day.

b. After completing any corrective action under § 1.13.4(A) of this Part, a groundwater system must notify the Director within thirty (30) days of completion of the corrective action.

c. If a groundwater system subject to the requirements of § 1.13.3(A) of this Part, does not conduct source water monitoring under § 1.13.3(A)(5)(a)((2)) of this Part, the PWS must provide documentation to the Director within thirty (30) days of the total coliform positive sample that it met the Director criteria.

B. Recordkeeping.

1. In addition to the requirements of § 1.11 of this Part, a groundwater system regulated under this section must maintain the following information in its records:

a. Documentation of Corrective Actions. Documentation shall be kept for a period of not less than ten years.

b. Documentation of Notice to the Public as required under § 1.13.4(A)(7) of this Part. Documentation shall be kept for a period of not less than three (3) years.

c. Records of decisions under § 1.13.3(A)(5)(a) of this Part, and records of invalidation of fecal indicator positive groundwater source samples under § 1.13.3(D) of this Part. Documentation shall be kept for a period of not less than five (5) years.

d. For consecutive PWSs, documentation of notification to the wholesale PWS(s) of total coliform positive samples that are not invalidated under § 1.16.4(A)(10) of this Part. Documentation shall be kept for a period of not less than five (5) years.

e. For PWSs, including wholesale PWSs, that are required to perform compliance monitoring under § 1.13.4(B) of this Part:

(1) Records of the Director-specified minimum disinfectant residual. Documentation shall be kept for a period of not less than ten years.

(2) Records of the lowest daily residual disinfectant concentration and records of the date and duration of any failure to maintain the Director-prescribed minimum residual disinfectant concentration for a period of more than four (4) hours. Documentation shall be kept for a period of not less than five (5) years.

(3) Records of Director-specified compliance requirements for membrane filtration and of parameters specified by the Director for Director-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 (5) years.

This Part shall also pertain to a PWS which is supplied by another PWS except as specifically modified by the Director and agreed upon by the EPA Administrator.

1.15.1 General Provisions for Variances and Exemptions

A. Variances and exemptions to this Part may be granted by the Director in accordance with R.I. Gen. Laws Chapter 42-35 and if deemed applicable by the Director the provisions of 42 U.S.C. §§ 300g.4 and 300g.5 et seq.

B. Variances pursuant to 42 U.S.C. § 300g.4 may be granted as follows:

1. The Director may grant variances from an applicable national primary drinking water regulation to a PWS which, because of characteristics of the raw water sources which are reasonably available to the PWS, cannot meet the requirements respecting the maximum contaminant levels of such drinking water regulation. A variance may be issued to a PWS on condition that the PWS install the best technology, treatment techniques, or other means, which the Director finds are available (taking costs into consideration) and based upon an evaluation satisfactory to the Director that indicates that alternative sources of water are not reasonably available to the PWS. Before the Director may grant a variance under § 1.15.1(B)(1) of this Part, the Director must find that the variance will not result in an unreasonable risk to health. If the Director grants a PWS a variance under § 1.15.1(B)(1) of this Part, the Director shall prescribe at the time the variance is granted, a schedule for:

a. Compliance (including increments of progress) by the PWS with each contaminant level requirement with respect to which the variance was granted, and

b. Implementation by the PWS of such additional control measures as the State may require for each contaminant, subject to such contaminant level requirement, during the period ending on the date compliance with such requirement is required. Before a schedule prescribed pursuant to § 1.15.1(B)(1) of this Part, may take effect, the Director shall provide notice and opportunity for a public hearing on the schedule. A schedule prescribed pursuant to § 1.15.1(B)(1) of this Part, for a PWS granted a variance shall require compliance by the PWS with each contaminant level requirement with respect to which the variance was granted as expeditiously as practicable.

2. The Director may grant variances from any provisions of a national primary drinking water regulation which requires the use of a specified treatment technique with respect to a contaminant if the PWS applying for the variance demonstrates to the satisfaction of the Director that such treatment technique is not necessary to protect the health of persons because of the nature of the raw water source of such PWS. A variance granted under § 1.15.1(B)(2) of this Part shall be conditioned on such monitoring and other requirements as the Director may prescribe.

3. Before a variance proposed to be granted by the Director under §§ 1.15.1(B)(1) or (2) of this Part may take effect, the Director shall provide notice and opportunity for public hearing on the proposed variance. The Director shall promptly notify the Administrator of all variances that are granted. Such notification shall contain the reason for the variance [and in the case of a variance under § 1.15.1(B)(1) of this Part, the basis for the finding required by § 1.15.1(B)(1) of this Part, before the granting of the variance] and documentation of the need for the variance.

4. Each PWS’s variance granted under § 1.15.1(B)(1) of this Part shall be conditioned upon compliance by the PWS with the schedule prescribed by the Director pursuant to that Subparagraph.

5. For such variance issued under this Subparagraph, the Director

a. Must document all findings that are required under 42 U.S.C. § 300g.4(a).

b. If the Director prescribes a schedule pursuant to § 1.15.1(B)(1) of this Part requiring compliance with a contaminant level for which the variance is granted later than five (5) years from the date of issuance of the variance the Director must:

(1) document the rationale for the extended compliance schedule;

(2) discuss the rationale for the extended compliance schedule in the required public notice and opportunity for public hearing; and

(3) provide the shortest practicable time schedule feasible under the circumstances.

6. General Provisions for Small Systems Variances

a. Small system variances are variances from the requirement to comply with a maximum contaminant level or treatment technique to PWSs serving fewer than 10,000 persons. The purpose of this subpart is to provide the procedures and criteria for obtaining these variances.

b. Only the Director can issue a small system variance under this part.

c. Requirements to receive a small system variance

(1) The Director may grant a small system variance to PWSs serving 3,300 or fewer persons.

(2) With the approval of the EPA Regional Administrator, the Director may grant a small system variance to PWSs serving more than 3,300 persons but fewer than 10,000 persons.

(3) In determining the number of persons served by the PWS, persons served by consecutive PWSs must be included. A small system variance granted to a PWS would also apply to any consecutive PWS served by it.

d. Regulatory requirements for a small system variance

(1) A small system variance is not available under § 1.15 of this Part for a national primary drinking water regulation for a microbial contaminant (including total coliform, E. coli, a bacterium, virus, or other organism) or an indicator or treatment technique for a microbial contaminant.

(2) A small system variance under § 1.15 of this Part, is otherwise only available for compliance with a requirement specifying a maximum contaminant level or treatment technique for a contaminant with respect to which:

(AA) A national primary drinking water regulation was promulgated on or after January 1, 1986; and

(BB) The Administrator has published a small system variance technology pursuant to 42 U.S.C. § 300g.1(b)(15). Small system variances are not available for any PWS above the pre-1986 maximum contaminant level even if subsequently revised. If the agency revises a pre-1986 maximum contaminant level and makes it more stringent, then a variance would be available for that contaminant, but only up to the pre-1986 maximum contaminant level.

e. No small system variance can be granted by the Director until the later of the following:

(1) Ninety (90) days after the Director proposed to grant the small system variance;

(2) If the Director is proposing to grant a small system variance to a PWS serving 3,300 or fewer persons and the Administrator objects to the small system variance, the date on which the Director makes the recommended modifications or responds in writing to each objection; or

(3) If the Director is proposing to grant a small system variance to a PWS serving a population more than 3,300 and fewer than 10,000 persons, the date the Administrator approves the small system variance. The Administrator must approve or disapprove the variance within ninety (90) days after it is submitted to the Administrator for review.

f. Responsibilities of the PWS, Director, and the Administrator in ensuring that sufficient information is available and for evaluation of a small system variance application

(1) A PWS requesting a small system variance must provide accurate and correct information to the Director to issue a small system variance in accordance with this subpart.

(2) Based upon an application for a small system variance and other information, and before a small system variance may be proposed under this subpart, the Director must find and document the following:

(AA) The PWS is eligible for a small system variance pursuant to §§ 1.15.1(B)(6)(c) (i.e., the PWS serves a population of fewer than 10,000 persons) and (d) of this Part (i.e., the contaminant for which the small system variance is sought is not excluded from variance eligibility);

(BB) The PWS cannot afford to comply, in accordance with the affordability criteria established by the Director, with the national primary drinking water regulation for which a small system variance is sought, including by:

(i) Treatment;

(ii) Alternative sources of water supply;

(iii) Restructuring or consolidation changes, including ownership change and/or physical consolidation with another PWS; or

(iv) Obtaining financial assistance;

(CC) The PWS meets the source water quality requirements for installing the small system variance technology;

(DD) The PWS is financially and technically capable of installing, operating and maintaining the applicable small system variance technology; and

(EE) The terms and conditions of the small system variance, as developed through compliance with § 1.15.1(B)(6)(g) of this Part, ensure adequate protection of human health, considering the following:

(i) The quality of the source water for the PWS; and

(ii) Removal efficiencies and expected useful life of the small system variance technology.

g. Terms and conditions of a small system variance

(1) The Director must clearly specify enforceable terms and conditions of a small system variance.

(2) The terms and conditions of a small system variance issued under this subpart must include, at a minimum, the following requirements:

(AA) Proper and effective installation, operation, and maintenance of the applicable small system variance technology taking into consideration any relevant source water characteristics and any other site-specific conditions that may affect proper and effective operation and maintenance of the technology;

(BB) Monitoring requirements, for the contaminant for which a small system variance is sought; and

(CC) Any other terms or conditions that are necessary to ensure adequate protection of public health, which may include:

(i) Public education requirements; and

(ii) Source water protection requirements.

(3) The Director must establish a schedule for the PWS to comply with the terms and conditions of the small system variance which must include, at a minimum, the following requirements:

(AA) Increments of progress, such as milestone dates for the PWS to apply for financial assistance and begin capital improvements;

(BB) Quarterly reporting to the Director of the PWS’s compliance with the terms and conditions of the small system variance;

(CC) Schedule for the Director to review the small system variance under § 1.15(B)(4) of this Part; and

(DD) Compliance with the terms and conditions of the small system variance as soon as practicable but not later than three (3) years after the date on which the small system variance is granted. The Director may allow up to two (2) additional years if the Director determines that additional time is necessary for the PWS to:

(i) Complete necessary capital improvements to comply with the small system variance technology, secure an alternative source of water, or restructure or consolidate; or

(ii) Obtain financial assistance.

(4) The Director must review each small system variance granted not less often than every five (5) years after the compliance date established in the small system variance to determine whether the PWS continues to meet the eligibility criteria and remains eligible for the small system variance and is complying with the terms and conditions of the small system variance. If the PWS would no longer be eligible for a small system variance, the Director must determine whether continuing the variance is in the public interest. If the Director finds that continuing the variance is not in the public interest, the variance must be withdrawn.

h. Public Participation

(1) Required public notice prior to issuance of small system variance

(AA) At least fifteen (15) days before the date of proposal, and at least thirty (30) days prior to a public meeting to discuss the proposed small system variance, the Director, or PWS as directed by the Director, must provide notice to persons served by the PWS. For billed customers, identified in § 1.15.1(B)(1) of this Part, this notice must include the information listed in § 1.15.1(B)(3) of this Part. For other persons regularly served by the system, identified in § 1.15.1(B)(2) of this Part, the notice shall include the information identified in § 1.15.1(B)(4) of this Part. Notice must be provided to all persons served by:

(i) Direct mail or other home delivery to billed customers or other service connections; and

(ii) Any other method reasonably calculated to notify, in a brief and concise manner, other persons regularly served by the system. Such methods may include publication in a local newspaper, posting in public places, or delivery to community organizations.

(BB) At the time of proposal, the Director must publish a notice in a newspaper or newspapers of wide circulation in the State. This notice shall include the information listed in § 1.15.1(B)(3) of this Part.

(CC) The notice in §§ 1.15.1(B)(1) and (2) of this Part, must include, at a minimum, the following:

(i) Identification of the contaminant(s) for which a small system variance is sought;

(ii) A brief statement of the health effects associated with the contaminant(s) for which a small system variance is sought using language in § 1.16.12 of this Part;

(iii) The address and telephone number at which interested persons may obtain further information concerning the contaminant and the small system variance;

(iv) A brief summary, in easily understandable terms, of the terms and conditions of the small system variance;

(v) A description of the consumer petition process under § 1.15.1(B)(6)(h)((3)) of this Part, and information on contacting the EPA Regional Office;

(vi) A brief statement announcing the public meeting required under § 1.15.1(B)(6)(h)((2))((AA)) of this Part, including a statement of the purpose of the meeting, information regarding the time and location for the meeting and the address and telephone number at which interested persons may obtain further information concerning the meeting; and

(vii) In communities with a large proportion of non-English-speaking residents, as determined by the Director, information in the appropriate language regarding the content and importance of the notice.

(DD) The notice in § 1.15.1(B)(1)(b) of this Part, must provide sufficient information to alert readers to the proposed variance and direct them where to receive additional information.

(EE) At his or her option, the Director or the Administrator may choose to issue separate notices or additional notices related to the proposed small system variance, provided that the requirements in §§ 1.15.1(B)(1) through (4) of this Part are satisfied.

(FF) Prior to promulgating the final variance, the Director must respond in writing to all significant public comments received relating to the small system variance. Response to public comment and any other documentation supporting the issuance of a variance must be made available to the public after final promulgation.

(2) Public Meeting Requirements for proposal of a small variance system

(AA) The Director must provide for at least one (1) public meeting on the small system variance no later than fifteen (15) days after the small system variance is proposed.

(BB) At the time of the public meeting, the Director must prepare and make publicly available, in addition to the information listed in § 1.15.1(B)(6)(h)((1))((CC)) of this Part, either:

(i) The proposed small system variance, if the public meeting occurs after proposal of the small system variance; or

(ii) A draft of the proposed small system variance, if the public meeting occurs prior to proposal of the proposed small system variance.

(CC) Notice of the public meeting must be provided in the manner required under § 1.15.1(B)(6)(h)((1)) of this Part, at least thirty (30) days in advance of the public meeting. This notice must be provided by the Director or the PWS as directed by the Director.

(3) Obtaining EPA review of a small system variance proposed by the Director

(AA) Any person served by the PWS may petition the Administrator to object to the granting of a small system variance within thirty (30) days after the Director proposes to grant a small system variance for a PWS.

(BB) The Administrator must respond to a petition filed by any person served by the PWS and determine whether to object to the small system variance no later than sixty (60) days after the receipt of the petition.

i. EPA Review and Approval of Small System Variances

(1) Administrator objections to a proposed small system variance or overturn of a granted small system variance for a PWS serving 3,300 or fewer persons

(AA) At the time the Director proposes to grant a small system variance under this subpart, the Director must submit to the Administrator the proposed small system variance and all supporting information, including any written public comments received prior to proposal.

(BB) The Administrator may review and object to any proposed small system variance within ninety (90) days of receipt of the proposed small system variance. The Administrator must notify the Director in writing of each basis for the objection and propose a modification to the small system variance to resolve the concerns of the Administrator. The Director must make the recommended modification, respond in writing to each objection, or withdraw the proposal to grant the small system variance.

(CC) If the Director issues the small system variance without resolving the concerns of the Administrator, the Administrator may overturn the decision to grant the variance if the Administrator determines that the Director’s decision does not comply with the Safe Drinking Water Act or this rule.

(2) EPA action necessary when the Director proposes to grant a small system variance to a PWS serving a population of more than 3,300 and fewer than 10,000 persons

(AA) At the time the Director proposes to grant a small system variance to a PWS serving a population of more than 3,300 and fewer than 10,000 persons, the Director must submit the proposed small system variance and all supporting information, including public comments received prior to proposal, to the Administrator.

(BB) The Administrator must approve or disapprove the small system variance within ninety (90) days of receipt of the proposed small system variance and supporting information. The Administrator must approve the small system variance if it meets each requirement within the Act and this rule.

(CC) If the Administrator disapproves the small system variance, the Administrator must notify the Director in writing of the reasons for disapproval and the small system variance does not become effective. The Director may resubmit the small system variance for review and approval with modifications to address the objections stated by the Administrator

C. Exemptions Pursuant to 42 U.S.C. § 300g.5 of the Safe Drinking Water Act.

1. Exemptions may be granted by the Director from any requirement respecting a maximum contaminant level or any treatment technique requirement, or from both, of an applicable national primary drinking water regulation upon a finding that:

a. Due to compelling factors (which may include economic factors, including qualification of the PWS as a system serving a disadvantaged community), the PWS is unable to comply with such contaminant level or treatment technique requirement or to implement measures to develop an alternative source of water supply;

b. The PWS was in operation on the effective date of such contaminant level or treatment technique requirement or for a PWS that was not in operation by that date, only if no reasonable alternative source of drinking water is available to such new PWS;

c. The granting of the exemption will not result in an unreasonable risk to health; and

d. Management or restructuring changes (or both) cannot reasonably be made that will result in compliance or, if compliance cannot be achieved, improve the quality of the drinking water.

2. If the Director grants a PWS an exemption under § 1.15.1(C)(1) of this Part, the exemption shall include a schedule which includes the items listed in this Paragraph. Before a schedule prescribed by the Director pursuant to this subsection may take effect, the Director shall provide notice and opportunity for a public hearing on the schedule.

a. The Director shall prescribe, at the time the exemption is granted, a schedule for:

(1) Compliance (including increments of progress or measures to develop an alternative source of water supply) by the PWS with each contaminant level requirement or treatment technique requirement with respect to which the exemption was granted, and

(2) Implementation by the PWS of such control measures as the Director may require for each contaminant, subject to such contaminant level requirement or treatment technique requirement, during the period ending on the date compliance with such requirement is required.

b. A schedule prescribed pursuant to this subsection for a PWS granted an exemption under § 1.15.1(C)(1) of this Part shall require the following:

(1) Compliance by the PWS with each contaminant level and treatment technique requirement with respect to which the exemption was granted as expeditiously as practicable but not later than three (3) years after the otherwise applicable compliance date.

(2) No exemption shall be granted unless the PWS establishes that the PWS is taking all practicable steps to meet the standard; and

(AA) the PWS cannot meet the standard without capital improvements which cannot be completed prior to the otherwise applicable compliance date;

(BB) in the case of a PWS which needs financial assistance for the necessary improvements, the PWS has entered into an agreement to obtain such financial assistance or assistance is reasonably likely to be available within the period of the exemption; or

(CC) the PWS has entered into an enforceable agreement to become a part of a regional PWS.

(3) In the case of a PWS which does not serve more than a population of 3,300 and which needs financial assistance for the necessary improvements, an exemption granted under clause (AA) or (BB) of § 1.15.1(C)(2)(b)((2)) of this Part, may be renewed for one (1) or more additional two (2)-year periods, but not to exceed a total of 6 years, if the PWS establishes that it is taking all practicable steps to meet the requirements of § 1.15.1(C)(2)(b)((2)) of this Part.

(4) Limitation - A PWS may not receive an exemption under this Section if the PWS was granted a variance under § 1.15.1(B) of this Part.

c. Each PWS’s exemption granted by the Director under § 1.15.1(C)(1) of this Part shall be conditioned upon compliance by the PWS with the schedule prescribed pursuant to this subsection.

3. The Director shall promptly notify the Administrator of the granting of all exemptions. Such notification shall contain the reasons for the exemption and document the need for the exemption.

4. The Director must document all findings that are required under 42 U.S.C. § 300g.5 of the Act:

a. Before finding that management and restructuring changes cannot be made, the Director must consider the following measures, and the availability of State Revolving Loan Fund assistance, or any other Federal or State program, that is reasonably likely to be available within the period of the exemption to implement these measures:

(1) Consideration of rate increases, accounting changes, the appointment of a State certified operator under the State’s Operator Certification program, contractual agreements for joint operation with one (1) or more PWSs;

(2) Activities consistent with the State’s Capacity Development Strategy to help the PWS acquire and maintain technical, financial, and managerial capacity to come into compliance; and

(3) Ownership changes, physical consolidation with another PWS, or other feasible and appropriate means of consolidation which would result in compliance;

b. The Director must consider the availability of an alternative source of water, including the feasibility of partnerships with neighboring PWSs, as identified by the PWS or by the Director consistent with the Capacity Development Strategy.

1.15.2 Variances or exemptions from Maximum Contaminant Level (MCL) to total coliforms or from any of the treatment technique requirements of § 1.6 of this Part will not be granted.

A. Exceptions to § 1.15.2 of this Part, with respect to the MCL for total coliforms can be granted if the PWS can demonstrate to the Director that:

1. The violation of the total coliform MCL is due to a persistent growth of total coliforms in the distribution system;

2. No fecal or pathogenic contamination exists;

3. No treatment lapse or deficiency has occurred;

4. No problem in the operation or maintenance of the distribution system exists.

1.15.3 Variances and exemptions from the MCLs for organic and inorganic contaminants, radionuclides and the treatment technique for lead and copper.

A. Community PWS and non-transient, non-community PWS shall be required to install and/or use any treatment method identified in §§ 1.16.1(R), 1.16.2(C) and 1.16.5(H) of this Part as a condition for granting a variance except as provided in § 1.15.3(A)(1) of this Part. If, after the PWS’s installation of the treatment method, the PWS cannot meet the MCL, that PWS shall be eligible for a variance.

1. If a PWS can demonstrate through comprehensive engineering assessments, which may include pilot plant studies, that the treatment methods identified in §§ 1.16.1(R), 1.16.2(C) and 1.16.5(H) of this Part would only achieve a de minimis reduction in contaminants, the Director may issue a schedule of compliance that requires the PWS being granted the variance to examine other treatment methods as a condition of obtaining the variance.

2. If the Director determines that a treatment method identified in § 1.15.3(B)(1) of this Part is technically feasible, the PWS will be required to install and/or use that treatment method in connection with a compliance schedule. The Director's determination shall be based upon studies by the PWS and other relevant information.

1.15.4 Additional Requirements

A. In addition to the requirements of § 1.15.3 of this Part, a PWS may be required to use bottled water, point-of-use devices, point-of-entry devices or other means as a condition of granting a variance or an exemption to avoid an unreasonable risk to health. The Director may require a PWS to use bottled water and point-of-use devices or other means, but not point-of-entry devices, as a condition for granting an exemption from corrosion control treatment requirements for lead and copper in §§ 1.7.2 and 1.7.3 of this Part, to avoid an unreasonable risk to health. The Director may require a PWS to use point-of entry devices as a condition for granting an exemption for the source water and lead service line replacement requirements for lead and copper under §§ 1.7.4 or 1.7.5 of this Part to avoid an unreasonable risk to health.

B. A PWS that uses bottled water as a condition for receiving a variance or an exemption from the requirements of §§ 1.16.1, 1.16.2(A), 1.16.2(B) and 1.16.5 of this Part or an exemption from the requirements of §§ 1.7.2 through §1.7.5 of this Part must use bottled water that is approved by the Director.

C. In requiring the use of a point-of-entry device as a condition for granting an exemption from the treatment requirements for lead and copper under §§ 1.7.4 or 1.7.5 of this Part, the Director must be assured that use of the device will not cause increased corrosion of lead and copper bearing materials located between the device and the tap that could increase contaminant levels at the tap.

1.15.5 Allowable Nitrate Levels

A. At the discretion of the Director, nitrate levels not to exceed twenty (20) mg/l may be allowed in a non-community PWS if the supplier of water demonstrates to the satisfaction of the Director that:

1. Such water will not be available to children under six (6) months of age; and

2. The non-community PWS is meeting the public notification requirements under § 1.16.6 of this Part, including continuous posting of the fact that nitrate levels exceed 10 mg/l and the potential health effects of exposure; and

3. Local and state public health authorities will be notified annually of nitrate levels that exceed 10 mg/l; and

4. No adverse health effects shall result.

1.16.1 Inorganic Chemicals

A. Community PWS shall conduct monitoring to determine compliance with the MCLs specified in this Section.

1. Monitoring shall be conducted as follows:

a. Groundwater PWS shall take a minimum of one (1) 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 initial compliance period. The PWS 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 PWS shall take a minimum of one (1) 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 initial compliance period. The PWS 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 purpose of this Paragraph, surface water PWSs include PWSs with a combination of surface and ground sources.

c. If a PWS draws water from more than one (1) source and the sources are combined before distribution, the PWS 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).

2. The Director may reduce the total number of samples which must be analyzed by allowing the use of compositing. Composite samples from a maximum of five (5) samples are allowed, provided that the detection limit of the method used for analysis is less than one-fifth of the MCL. Compositing of samples must be done in the laboratory.

a. If the concentration in the composite sample is greater than or equal to one-fifth of the MCL of any inorganic chemical, then a follow-up sample must be taken within fourteen (14) days at each sampling point included in the composite. These samples must be analyzed for the contaminants which exceeded one-fifth of the MCL in the composite sample. Detection limits for each analytical method are found in § 1.16.1 of this Part.

b. If the population served by the PWS is > 3,300 persons, then compositing may only be permitted by the Director at sampling points within a single PWS. In PWSs serving < 3,300 persons, the Director may permit compositing among different PWSs provided the 5-sample limit is maintained.

c. If duplicates of the original sample taken from each sampling point used in the composite are available, the PWS may use these instead of resampling. The duplicates must be analyzed and the results reported to the Director within fourteen (14) days after completing analysis of the composite sample, provided the holding time of the sample is not exceeded.

3. The frequency of monitoring for asbestos shall be in accordance with § 1.16.1(B) of this Part; the frequency of monitoring for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, and thallium shall be in accordance with § 1.16.1(C) of this Part; the frequency of monitoring for nitrate shall be in accordance with § 1.16.1(D) of this Part; and the frequency of monitoring for nitrite shall be in accordance with § 1.16.1(E) of this Part.

B. The frequency of monitoring conducted to determine compliance with the maximum contaminant level for asbestos specified in § 1.16.1 of this Part shall be conducted as follows:

1. Each community and non-transient, non-community PWS is 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.

2. If the PWS 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 Director for a waiver of the monitoring requirement in § 1.16.1(B)(1) of this Part. If the Director grants the waiver, the PWS is not required to monitor.

3. The Director may grant a waiver based on a consideration of the following factors:

a. Potential asbestos contamination of the water source, and

b. The use of asbestos-cement pipe for finished water distribution and the corrosive nature of the water.

4. A waiver remains in effect until the completion of the three-year compliance period. PWSs not receiving a waiver must monitor in accordance with the provisions of § 1.16.1(B)(1) of this Part.

5. A PWS vulnerable to asbestos contamination due solely to corrosion of asbestos-cement pipe shall take one (1) sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

6. A PWS vulnerable to asbestos contamination due solely to source water shall monitor in accordance with the provision of § 1.16.1(A) of this Part.

7. A PWS vulnerable to asbestos contamination due both to its source water supply and corrosion of asbestos-cement pipe shall take one (1) sample at a tap served by asbestos cement pipe and under conditions where asbestos contamination is most likely to occur.

8. A PWS which exceeds the maximum contaminant levels shall monitor quarterly beginning in the next quarter after the violation occurred.

9. The Director may decrease the quarterly monitoring requirement to the frequency specified in § 1.16.1(B)(1) of this Part, provided the Director has determined that the PWS is reliably and consistently below the maximum contaminant level. In no case can the Director make this determination unless a groundwater system takes a minimum of two (2) quarterly samples and a surface (or combined surface/ground) water PWS takes a minimum of four (4) quarterly samples.

10. If monitoring data collected after January 1, 1990 is generally consistent with the requirements of § 1.16.1 of this Part, then the Director may allow PWSs to use that data to satisfy the monitoring requirement for the initial compliance period beginning January 1, 1993.

C. The frequency of monitoring conducted to determine compliance with the maximum contaminant levels in § 1.16.1 of this Part, for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, thallium and selenium shall be as follows:

1. Groundwater systems shall take one (1) sample at each sampling point during each compliance period. Surface water systems (or combines surface/ground) shall take one (1) sample annually at each sampling point.

2. The PWS may apply to the Director for a waiver from the monitoring frequencies specified in § 1.16.1(C)(1) of this Part. The Director may grant a PWS a waiver for monitoring of cyanide, provided that the Director determines that the PWS is not vulnerable due to lack of any industrial source of cyanide.

3. A condition of the waiver shall require that a PWS shall take a minimum of one (1) sample while the waiver is effective. The term during which the waiver is effective shall not exceed one (1) compliance cycle (i.e., nine (9) years).

4. The Director may grant a waiver provided surface water systems have monitored annually for at least three (3) years and groundwater systems have conducted a minimum of three (3) rounds of monitoring. (At least one (1) 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. PWSs that use a new water source are not eligible for a waiver until three (3) rounds of monitoring from the new source have been completed.

5. In determining the appropriate reduced monitoring frequency, the Director shall consider:

a. Reported concentrations from all previous monitoring;

b. The degree of variation in reported concentrations; and

c. Other factors which may affect contaminant concentration such as changes in groundwater pumping rates, changes in the PWS's configuration, changes in the PWS's operating procedures, or changes in stream flows or characteristics.

6. A decision by the Director 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 Director or upon an application by the PWS. The PWS shall specify the basis for its request. The Director shall review and, where appropriate, revise its determination of the appropriate monitoring frequency when the PWS submits new monitoring data or when other data relevant to the PWS's appropriate monitoring frequency become available.

7. PWSs which exceed the maximum contaminant levels as calculated in § 1.16.1(I) of this Part, shall monitor quarterly beginning in the next quarter after the violation occurred.

8. The Director may decrease the quarterly monitoring requirement to the frequencies specified in §§ 1.16.1(C)(1) and (C)(2) of this Part, provided it has determined that the PWS is reliably and consistently below the maximum contaminant level. In no case can the Director make this determination unless a groundwater system takes a minimum of two (2) quarterly samples and a surface water system take a minimum of four (4) quarterly samples.

9. All new water PWSs or PWSs that use a new source of water must demonstrate compliance with the MCL of all contaminants listed in § 1.16.1 of this Part, within a period of time specified by the Director. The PWS must also comply with the initial sampling frequencies specified by the Director to ensure a PWS can demonstrate compliance with the MCL. Routine and increase monitoring frequencies shall be conducted in accordance with the requirements in this Section.

D. All PWS (community; non-transient, non-community; and transient, non-community PWS) shall monitor to determine compliance with the maximum contaminant level for nitrate in § 1.16.1 of this Part.

1. Community and non-transient, non-community PWS served by groundwater PWS shall monitor annually; PWS served by surface water shall monitor quarterly.

2. For community and non-transient, non-community PWS, the repeat monitoring frequency for groundwater PWS shall be quarterly for at least one (1) year following any one (1) sample in which the concentration is greater than or equal to fifty percent (50%) of the MCL. The Director may allow a groundwater PWS to reduce the sampling frequency to annually after four (4) consecutive quarterly samples are reliably and consistently less than the MCL.

3. For community and non-transient, non-community PWS, the Director may allow a surface water PWS to reduce the sampling frequency to annually if all analytical results from four (4) consecutive quarters are < 50 percent of the MCL. A surface water PWS shall return to quarterly monitoring if any sample is greater than or equal to fifty percent (50%) of the MCL.

4. Each transient non-community PWS shall monitor annually.

5. After the initial round of quarterly sampling is completed, each community and non-transient, non-community PWS which is monitoring annually shall take subsequent samples during the quarter(s) which previously resulted in the highest analytical result.

E. All PWS (community; non-transient, non-community; and transient, non-community PWS) shall monitor to determine compliance with the maximum contaminant level for nitrite in § 1.16.1 of this Part.

1. All PWS shall take a minimum of one (1) sample at each sampling point in each compliance period.

2. After the initial sample, PWS where an analytical result for nitrite is < fifty percent (50%) of the MCL shall monitor at the frequency specified by the Director.

3. For community, non-transient, non-community, and transient non-community PWS, the repeat monitoring frequency for any PWS shall be quarterly for at least one (1) year following any one (1) sample in which the concentration is > fifty percent (50%) of the MCL. The Director may allow a PWS to reduce the sampling frequency to annually after determining the PWS is reliably and consistently less than the MCL.

4. PWS which are monitoring annually shall take each subsequent sample during the quarter(s) which previously resulted in the highest analytical result.

F. Confirmation Samples.

1. Where the results of sampling for asbestos, antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium indicate an exceeding of the maximum contaminant level, the Director may require that one (1) additional sample be collected as soon as possible after the initial sample was taken (but not to exceed two (2) weeks) at the same sampling point.

2. Where nitrate or nitrite sampling results indicate an exceedance of the maximum contaminant level, the PWS shall take a confirmation sample within twenty-four (24) hours of the PWS's receipt of notification of the analytical results of the first sample. PWS unable to comply with the twenty-four (24)-hour sampling requirement must immediately notify persons served by the PWS in accordance with § 1.16.6(B) of this Part and meet other Tier 1 public notification requirements under §§ 1.16.6 or 1.17.6 of this Part. PWS exercising this option must take and analyze a confirmation sample within two (2) weeks of notification of the analytical results of the first sample.

3. If a 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 PWS's compliance in accordance with § 1.16.1(I) of this Part. The Director has the discretion to delete results of obvious sampling errors.

G. The Director may require more frequent monitoring than specified in §§ 1.16.1(B) through (E) of this Part, or may require confirmation samples for positive and negative results at his/her discretion.

H. PWS may apply to the Director to conduct more frequent monitoring than the minimum monitoring frequencies specified in this Section.

I. Compliance with § 1.16.1 of this Part, shall be determined based on the analytical result(s) obtained at each sampling point.

1. For PWS which are conducting monitoring at a frequency greater than annual, compliance with the maximum contaminant levels for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium or thallium is determined by a running annual average at any sampling point. If the average at any sampling point is greater than the MCL, then the PWS is out of compliance. If any one (1) sample would cause the annual average to be exceeded, then the PWS is out of compliance immediately. Any sample below the method detection limit shall be calculated at zero for the purpose of determining the annual average. If a PWS fails to collect the required number of samples, compliance (average concentration) will be based on the number of samples collected.

2. For PWS which are monitoring annually, or less frequently, the PWS is out of compliance with the maximum contaminant levels for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium or thallium if the level of a contaminant at any sampling point is greater than the MCL. If a confirmation sample is required by the Director, the determination of compliance will be based on the annual average of the initial MCL exceedance and any Director-required confirmation samples. If a PWS fails to collect the required number of samples, compliance (average concentration) will be based on the total number of samples collected.

3. Compliance with the maximum contaminant levels for nitrate and nitrite is determined based on one (1) 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 § 1.16.1(F)(2) of this Part, and compliance shall be determined based on the average of the initial and confirmation samples.

4. Arsenic sampling results will be reported to the nearest 0.001 mg/L.

J. Sample collection and analyses for the purpose of determining compliance with arsenic shall be conducted using the requirements specified in § 1.21 of this Part.

1. Analyses for all community PWS utilizing surface water sources shall be repeated at yearly intervals.

2. Analyses for all community PWS utilizing only groundwater sources shall be repeated at three-year intervals.

3. The Director has the authority to determine compliance or initiate enforcement action based upon analytical results and other information compiled by their sanctioned representatives and agencies.

4. The MCL for arsenic for community and non-transient, non-community PWS is 0.010 mg/L.

K. If the result of an analysis made under § 1.16.1(J) of this Part indicates that the arsenic concentration exceeds the maximum contaminant level, the PWS shall report to the Director within seven (7) days and initiate three (3) additional analyses at the same sampling point within one (1) month.

L. When the average of four (4) analyses made pursuant to § 1.16.1(K) of this Part, rounded to the same number of significant figures as the maximum contaminant level for arsenic exceeds the maximum contaminant level, the supplier of water shall notify the Director pursuant to § 1.11.2 of this Part and give notice to the public pursuant to § 1.16.6 of this Part. Monitoring after public notification shall be at a frequency designated by the Director and shall continue until the maximum contaminant level has not been exceeded in two (2) successive samples or until a monitoring schedule as a condition to a variance, exemption or enforcement action shall become effective.

M. If a PWS has a distribution system separable from other parts of the distribution system with no interconnections, the Director may allow the PWS to give public notice to only the area served by that portion of the PWS which is out of compliance.

N. Each PWS shall monitor at the time designated by the Director during each compliance period.

O. Mechanical Fluoride Adjustment - Monitoring Frequency and Reporting Requirements

1. For each source where the fluoride concentration is mechanically adjusted, a fluoride determination of the treated water shall be made and recorded daily by the water purveyor. Fluoride analysis shall be conducted in accordance with § 1.21 of this Part. Results shall be reported monthly to the Director within ten (10) days after the end of the month.

2. Failure to comply with the requirements of § 1.16.1(O) of this Part is not subject to the public notice requirements of § 1.16.6 of this Part.

P. Monitoring Protocol for Sodium. Each community PWS will sample each of its active sources at the entry point of the source into the distribution system, following any treatment provided to one (1) or more sources of water, as follows:

1. Surface water sources shall be sampled during the months of January, February, and March of each calendar year:

2. Six (6) consecutive biweekly samples may be composited into a single sample. Compositing must be done at the laboratory. (Groundwater sources shall be sampled annually during the months of March or April.)

3. Samples shall be analyzed for sodium. Results shall be reported to the Director within ten (10) days after determination. Sodium sampling requirements may be modified or waived at the discretion of the Director.

Q. Analytical Techniques - Inorganic chemical analyses shall be made in accordance with § 1.21 of this Part, with respect to Antimony, Arsenic, Barium, Beryllium, Cadmium, Chromium, Nickel, and Thallium.

R. BAT for Inorganic Contaminants. The following are hereby identified as the best technology, treatment technique, or other means available for achieving compliance with the maximum contaminant level for inorganic contaminants identified in this Part, except fluoride:

S. The Director hereby identifies in the following table the affordable technology, treatment technique, or other means available to PWS serving 10,000 persons or fewer for achieving compliance with the maximum contaminant level for arsenic effective January 23, 2006:

1.16.2 Organic Chemicals

A. Maximum Contaminant Levels for Synthetic Organic Contaminants

1. Analysis of the contaminants listed in § 1.16.2(A) of this Part, for the purposes of determining compliance with the maximum contaminant level shall be conducted as follows except that monitoring for the contaminants aldicarb, aldicarb sulfoxide and aldicarb sulfone shall be conducted in accordance with § 1.21 of this Part:

2. Groundwater systems shall take a minimum of one (1) 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.

3. Surface water systems shall take a minimum of one (1) 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 PWSs with a combination of surface and ground sources.

4. If the PWS draws water from more than one (1) source and the sources are combined before distribution, the PWS must sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water representative of all sources if being used).

5. Monitoring Frequency:

a. Each community and non-transient non-community PWS shall take four (4) consecutive quarterly samples for each contaminant listed in § 1.16.2(A) of this Part during each compliance period beginning with the initial compliance period.

b. PWSs 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 (2) quarterly samples in one (1) year during each repeat compliance period.

c. PWSs 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 (1) sample during each repeat compliance period.

6. Each community and non-transient non-community PWS may apply to the Director for a waiver from the requirement of § 1.16.2(A)(5) of this Part. A PWS must reapply for a waiver for each compliance period.

7. The Director may grant a waiver after evaluating the following factor(s): Knowledge of previous use (including transport, storage, or disposal) of the contaminant within the watershed or zone of influence of the PWS. If a determination by the Director reveals no previous use of the contaminant within the watershed or zone of influence, a waiver may be granted. If previous use of the contaminant is unknown or it has been used previously, then the following factors shall be used to determine whether a waiver is granted.

a. Previous analytical results.

b. The proximity of the PWS to a potential point or non-point source of contamination. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities. Non-point sources include the use of pesticides to control insect and weed pests on agricultural areas, forest lands, home and gardens, and other land application uses.

c. The environmental persistence and transport of the pesticide or PCBs.

d. How well the water source is protected against contamination due to such factors as depth of the well and the type of soil and the integrity of the well casing.

e. Elevated nitrate levels at the water supply source.

f. Use of PCBs in equipment used in the production, storage, or distribution of water (i.e., PCBs used in pumps, transformers, etc.).

8. If an organic contaminant listed in § 1.16.2(A) of this Part is detected (as defined by § 1.16.2(A)(18) of this Part) in any sample, then:

a. Each PWS must monitor quarterly at each sampling point which resulted in a detection.

b. The Director may decrease the quarterly monitoring requirement specified in § 1.16.2(A)(8)(a) of this Part, provided it has determined that the PWS is reliably and consistently below the maximum contaminant level. In no case shall the Director make this determination unless a groundwater system takes a minimum of two (2) quarterly samples and a surface water system takes a minimum of four (4) quarterly samples.

c. After the Director determines the PWS is reliably and consistently below the maximum contaminant level the Director may allow the PWS to monitor annually. PWSs which monitor annually must monitor during the quarter that previously yielded the highest analytical result.

d. PWSs which have three (3) consecutive annual samples with no detection of a contaminant may apply to the Director for a waiver as specified in § 1.16.2(A)(7) of this Part.

e. If monitoring results in detection of one (1) or more of certain related contaminants (aldicarb, aldicarb sulfone, aldicarb sulfoxide and heptachlor, heptachlor epoxide), than subsequent monitoring shall analyze for all related contaminants.

9. PWSs which violate the requirements of § 1.16.2(A) of this Part as determined by § 1.16.2(A)(12) of this Part must monitor quarterly. After a minimum of four (4) quarterly samples show the PWS is in compliance and the Director determines the PWS is reliably and consistently below the MCL, as specified in § 1.16.2(A)(12) of this Part, the PWS shall monitor at the frequency specified in § 1.16.2(A)(8)(c) of this Part.

10. The Director may require a confirmation sample for positive or negative results. If a confirmation sample is required by the Director, the result must be averaged with the first sampling result and the average used for the compliance determination as specified by § 1.16.2(A)(12) of this Part. The Director has discretion to delete results of obvious sampling errors from this calculation.

11. The Director may reduce the total number of samples a PWS must analyze by allowing the use of compositing. Composite samples from a maximum of five (5) sampling points are allowed, provided that the detection limit of the method used for analysis is less than one-fifth of the MCL. Compositing of samples must be done in the laboratory and analyzed within fourteen (14) days of sample collection.

a. If the concentration in the composite sample is greater than or equal to 0.0005 mg/L for any contaminant listed in § 1.16.2(A) of this Part, then a follow-up sample must be taken within fourteen (14) days at each sampling point included in the composite and be analyzed for that contaminant.

b. If duplicates of the original sample taken from each sampling point used in the composite are available, the PWS may use these duplicates instead of resampling. The duplicate must be analyzed and the results reported to the Director within fourteen (14) days of collection.

c. If the population served by the PWS is > 3,300 persons, then compositing may only be permitted by the Director at sampling points within a single PWS. In PWSs serving less than or equal to 3,300 persons, the Director may permit compositing among different PWSs provided the 5-sample limit is maintained.

12. Compliance with § 1.16.2(A) of this Part shall be determined based on the analytical results obtained at each sampling point. If one (1) sampling point is in violation of an MCL, the PWS is in violation of the MCL.

a. For PWSs 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 PWS is out of compliance. If the initial sample or a subsequent sample would cause the annual average to be exceeded, then the PWS is out of compliance immediately.

b. PWSs monitoring annually or less frequently whose sample result exceeds the regulatory detection level as defined by § 1.16.2(A)(18) of this Part must begin quarterly sampling. The PWS will not be considered in violation of the MCL until it has completed one (1) year of quarterly sampling.

c. If any sample result will cause the running annual average to exceed the MCL at any sampling point, the PWS is out of compliance with the MCL immediately.

d. If a PWS fails to collect the required number of samples, compliance will be based on the total number of samples collected.

e. If a sample result is less than the detection limit, zero will be used to calculate the annual average.

f. If a PWS has a distribution system separable from other parts of the distribution system with no interconnections, the Director may allow the PWS to give public notice to only that area served by that portion of the PWS which is out of compliance.

13. Analysis for the contaminants listed in § 1.16.2(A) of this Part shall be conducted using the EPA methods or their equivalent as approved by EPA and as described in § 1.21 of this Part.

14. If monitoring data collected after January 1, 1990, is generally consistent with the requirements of § 1.16.2(A) of this Part, then the Director may allow PWSs to use that data to satisfy the monitoring requirement for the initial compliance period.

15. The Director may increase the required monitoring frequency, where necessary, to detect variations within the PWS (e.g., fluctuations in concentration due to seasonal use, changes in water source).

16. The Director has the authority to determine compliance or initiate enforcement action based upon analytical results and other information compiled by their sanctioned representatives and agencies.

17. Each PWS shall monitor at the time designated by the Director within each compliance period.

18. Detection as used in this Paragraph shall be defined as greater than or equal to the following concentrations for each contaminant.

19. All new PWS or PWS that use a new source of water that begin operation after January 22, 2004 must demonstrate compliance with the MCL in § 1.16.2(A) of this Part, within a period of time specified by the Director. The PWS must also comply with the initial sampling frequencies specified by the Director to ensure a PWS can demonstrate compliance with the MCL. Routine and increased monitoring frequencies shall be conducted in accordance with the requirements in this Section.

B. Volatile Organic Chemicals. Maximum contaminant levels for certain volatile organic chemicals:

1. Vinyl Chloride - 0.002 mg/L

2. Benzene - 0.005 mg/L

3. Carbon Tetrachloride - 0.005 mg/L

4. 1,2 Dichloroethane - 0.005 mg/L

5. Trichloroethylene - 0.005 mg/L

6. p Dichlorobenzene - 0.075 mg/L

7. 1,1 Dichloroethylene - 0.007 mg/L

8. 1,1,1 Trichloroethane - 0.2 mg/L

9. cis-1,2-Dichloroethylene - 0.07 mg/L

10. 1,2-Dichloropropane - 0.005 mg/L

11. Ethylbenzene - 0.7 mg/L

12. Monochlorobenzene - 0.1 mg/L

13. o-Dichlorobenzene - 0.6 mg/L

14. Styrene - 0.1 mg/L

15. Tetrachloroethylene - 0.005 mg/L

16. Toluene - 1 mg/L

17. trans-1,2-Dichloroethylene - 0.1 mg/L

18. Xylenes (total) - 10 mg/L

19. Dichloromethane - 0.005 mg/L

20. 1,2,4-Trichlorobenzene - 0.07 mg/L

21. 1,1,2-Trichloroethane - 0.005 mg/L

22. Beginning with the initial compliance period, analysis of the contaminants listed in §§ 1.16.2(B)(1) through (21) of this Part, 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 (1) 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 (1) 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 PWS draws water from more than one (1) source and the sources are combined before distribution, the PWS must sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water representative of all sources if being used).

d. Each community and non-transient, non-community PWS shall take four (4) consecutive quarterly samples for each contaminant listed in §§ 1.16.2(B)(2) through (21) of this Part, during each compliance period, beginning in the initial compliance period.

e. If the initial monitoring for contaminants listed in §§ 1.16.2(B)(1) through (8) of this Part and the monitoring for the contaminants listed in §§ 1.16.2(B)(9) through (21) of this Part, as allowed in § 1.16.2(B)(22)(p) of this Part, has been completed by December 31, 1992, and the PWS did not detect any contaminant listed in §§ 1.16.2(B)(1) through (21) of this Part, than each ground and surface water system shall take one (1) sample annually beginning with the initial compliance period.

f. After a minimum of three (3) years of annual sampling, the Director may allow groundwater systems with no previous detection of any contaminant listed in § 1.16.2(B) of this Part, to take one (1) sample during each compliance period.

g. Each community and non-transient groundwater PWS which does not detect a contaminant listed in §§ 1.16.2(B)(1) through (21) of this Part may apply to the Director for a waiver from the requirements of §§ 1.16.2(B)(22)(e) and (f) of this Part, after completing the initial monitoring. (For the purposes of this Section, detection is defined as greater than or equal to 0.0005 mg/L). A waiver shall be effective for no more than six (6) years (two (2) compliance periods). The Director may also issue waivers to small systems for the initial round of monitoring for 1,2,4-trichlorobenzene.

h. The Director may grant a waiver after evaluating the following factor(s):

(1) Knowledge of previous use (including transport, storage, or disposal) of the contaminant within the watershed or zone influence of the PWS. If a determination by the Director reveals no previous use of the contaminant within the watershed or zone of influence, a waiver may be granted.

(2) If previous use of the contaminant is unknown or it has been used previously, then the factors below shall be used to determine whether a waiver is granted.

(AA) Previous analytical results;

(BB) The proximity of the PWS to a potential point or non-point source of contamination. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities;

(CC) The environmental persistence and transport of the contaminants;

(DD) The number of persons served by the PWS and the proximity of a smaller PWS to a larger PWS; and

(EE) How well the water source is protected against contamination, such as whether it is a surface or groundwater system. Groundwater systems must consider factors such as depth of the well, the type of soil and wellhead protection. Surface water systems must consider watershed protection;

i. As a condition of the waiver a groundwater system must take one (1) sample at each sampling point during the time the waiver is effective (i.e., one (1) sample during two (2) compliance periods or six (6) years) and update its vulnerability assessment considering the factors listed in § 1.16.2(B)(22)(h) of this Part. Based on this vulnerability assessment the Director must reconfirm that the PWS is non-vulnerable. If the Director does not make this reconfirmation within three (3) years of the initial determination, then the waiver is invalidated and the PWS is required to sample annually as specified in § 1.16.2(B)(22)(e) of this Part.

j. Each community and non-transient surface water PWS which does not detect a contaminant listed in §§ 1.16.2(B)(1) through (21) of this Part may apply to the Director for a waiver from the requirements of § 1.16.2(B)(22)(e) of this Part, after completing the initial monitoring. Composite samples from a maximum of five (5) sampling points are allowed, provided that the detection limit of the method used for analysis is less than one-fifth of the MCL. PWSs meeting this criterion must be determined by the Director to be non-vulnerable based on a vulnerability assessment during each compliance period. Each PWS receiving a waiver shall sample at the frequency specified by the Director (if any).

k. If a contaminant listed in §§ 1.16.2(B)(2) through (21) of this Part is detected at a level exceeding 0.0005 mg/L in any sample, then:

(1) The PWS must monitor quarterly at each sampling point which resulted in a detection.

(2) The Director may decrease the quarterly monitoring requirement specified in § 1.16.2(B)(22)(k)((1)) of this Part, provided it has determined that the PWS is reliably and consistently below the maximum contaminant level. In no case shall the Director make this determination unless a groundwater system takes a minimum of two (2) quarterly samples and a surface water system takes a minimum of four (4) quarterly samples.

(3) If the Director determines that the PWS is reliably and consistently below the MCL, the Director may allow the PWS to monitor annually. PWSs which monitor annually must monitor during the quarter(s) which previously yielded the highest analytical result.

(4) PWSs which have three (3) consecutive annual samples with no detection of a contaminant may apply to the Director for a waiver as specified in § 1.16.2(B)(22)(g) of this Part.

(5) Groundwater systems which have detected one (1) 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 (1) or more of the two (2) carbon organic compounds was detected. If the results of the first analysis do not detect vinyl chloride, the Director may reduce the quarterly monitoring frequency of vinyl chloride monitoring to one (1) sample during each compliance period. Surface water PWSs are required to monitor for vinyl chloride as specified by the Director.

l. PWSs which violate the requirements of §§ 1.16.2(B)(1) through (21) of this Part, as determined by § 1.16.2(B)(22)(o) of this Part, must monitor quarterly. After a minimum of four (4) consecutive quarterly samples which show the PWS is in compliance as specified in § 1.16.2(B)(22)(o) of this Part, the PWS and the Director determines the PWS and the Director determines that the PWS is reliably and consistently below the maximum contaminant level, the PWS may monitor at the frequency and time specified in § 1.16.2(B)(22)(k)((3)) of this Part.

m. The Director may require a confirmation sample for positive or negative results. If a confirmation sample is required by the Director, the result must be average with the first sampling result and the average is used for the compliance determination as specified by § 1.16.2(B)(22)(o) of this Part. The Director has discretion to delete results of obvious sampling errors from this calculation.

n. The Director may reduce the total number of samples a PWS must analyze by allowing the use of compositing. Composite samples from a maximum of five (5) sampling points are allowed provided that the detection limit of the method used for analysis is less than one-fifth of the MCL. Compositing of samples must be done in the laboratory and analyzed within fourteen (14) days of sample collection.

(1) If the concentration in the composite sample detects one (1) or more contaminants listed in § 1.16.2(B) of this Part, then a follow-up sample must be taken within fourteen (14) days at each sampling point included in the composite, and be analyzed for that contaminant.

(2) If duplicates of the original sample taken from each sampling point used in the composite are available, the PWS may use these duplicates instead of resampling. The duplicate must be analyzed and the results reported to the Director within fourteen (14) days of collection.

(3) If the populations served by the PWS is >3,300 persons, then compositing may only be permitted by the Director at sampling points within a single PWS. In PWSs serving ?3,300 persons, the Director may permit compositing among different PWSs provided the 5-sample limit is maintained.

o. Compliance with §§ 1.16.2(B)(1) through (21) of this Part, shall be determined based on the analytical results obtained at each sampling point. If one (1) sampling point is in violation of an MCL, the PWS is in violation of the MCL.

(1) For PWSs 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 PWS is out of compliance. If the initial sample or a subsequent sample would cause the annual average to be exceeded, then the PWS is out of compliance immediately.

(2) PWSs monitoring annually or less frequently whose sample result exceeds the MCL must begin quarterly sampling. The PWS will not be considered in violation of the MCL until it has completed one (1) year of quarterly sampling.

(3) If any sample result will cause the running annual average to exceed the MCL at any sampling point, the PWS is out of compliance with the MCL immediately.

(4) If a PWS fails to collect the required number of samples, compliance will be based on the total number of samples collected.

(5) If a sample result is less than the detection limit, zero will be used to calculate the annual average.

(6) If a PWS has a distribution system separable from other parts of the distribution system with no interconnections, the Director may allow the PWS to give public notice to only that area served by that portion of the PWS which is out of compliance.

p. Analysis for the contaminants listed in §§ 1.16.2(B)(1) through (21) of this Part, shall be conducted using EPA methods or their equivalent as approved by EPA and as specified in § 1.21 of this Part.

q. The Director may allow the use of monitoring data collected after January 1, 1988, for purposes of initial monitoring compliance. If the data is generally consistent with the other requirements in this Part, the Director may use this data (i.e., a single sample rather than four (4) quarterly samples) to satisfy the initial monitoring requirement of § 1.16.2(B)(4) of this Part. PWSs which use grand fathered samples and did not detect any contaminant listed in §§ 1.16.2(B)(1) through (21) of this Part shall begin monitoring annually in accordance with § 1.16.2(B)(22)(e) of this Part, beginning with the initial compliance period.

r. The Director may increase required monitoring where necessary to detect variations within the PWS.

s. Each PWS shall monitor at the time designated by the Director within each compliance period.

t. All new PWSs or PWSs that use a new source of water that begin operation must demonstrate compliance with the MCL in §§ 1.16(B)(1) through (21) of this Part within a period of time specified by the Director. The PWS must also comply with the initial sampling frequencies specified by the Director to ensure a PWS can demonstrate compliance with the MCL. Routine and increased monitoring frequencies shall be conducted in accordance with the requirements in this Section beginning January 22, 2004.

u. Bottled water may be used on a temporary basis to avoid an unreasonable risk to health. If bottled water is used, it must be obtained from an approved source. A PWS shall not use bottled water to achieve compliance with a maximum contaminant level listed in § 1.16.2(B) of this Part, unless required by the Director as a condition for granting an exemption and providing there are reasonable assurances that the bottled water will not exceed maximum contaminant levels.

v. Compliance with a maximum contaminant level shall be achieved by installation of central treatment using BAT as stipulated in § 1.16.2(C) of this Part. Point-of-use or point-of-entry devices may be used only as a condition for obtaining a variance from the requirement for adoption of central treatment providing the devices and a monitoring plan for their maintenance are approved by the Director prior to their installation, and that every building connected to the PWS has a device installed, maintained, and adequately monitored by the PWS.

C. BAT for Organic Contaminants. The following table identifies granular activated carbon (GAC), packed tower aeration (PTA), or oxidation (OX) as the best technology, treatment technique, or other means available for achieving compliance with the maximum contaminant level for organic contaminants identified in §§ 1.16.2(A) and (B) of this Part:

D. Treatment Techniques for Acrylamide and Epichlorohydrin. Each PWS must certify annually in writing to the Director (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)

3. Certifications can rely on manufacturers or third parties, as approved by the Director.

1.16.3 Turbidity

A. Applicability

1. The maximum contaminant level for turbidity applies only to surface water sources. The turbidity of the water shall be determined and recorded daily by the water purveyor and measured at a representative entry point into the distribution system.

B. Maximum Contaminant Level for Turbidity. The maximum contaminant level for turbidity shall not exceed a monthly average of 1 turbidity unit (TU). A turbidity monthly average of two (2) turbidity units may be acceptable provided it is demonstrated the higher turbidities did not interfere with disinfection, and a residual disinfection was maintained throughout the distribution system and did not interfere with microbiological determinations. An average of five (5) turbidity units shall not be exceeded for any two (2) consecutive days.

C. Analytical Techniques. Turbidity measurements shall be made in accordance with § 1.21 of this Part.

D. A PWS that uses surface water or groundwater under the direct influence of surface water, as defined in § 1.2 of this Part, and does not practice filtration in compliance with § 1.6.4 of this Part, must collect at least one (1) sample near the first service connection each day the turbidity level of the source water measured as specified in § 1.6 of this Part, exceeds 1 NTU. This sample must be analyzed for the presence of total coliforms. When one (1) or more turbidity measurements in any day exceed 1 NTU, the PWS must collect this coliform sample within twenty-four (24) hours of the first exceedance, unless the Director determines that the PWS, for logistical reasons outside of the PWS's control cannot have the sample analyzed within thirty (30) hours of collection. Sample results from this coliform monitoring must be included in determining compliance with the MCL for total coliforms in § 1.16.4 of this Part.

1.16.4 Microbiological

A. Revised Total Coliform Rule (RTCR)

1. The provisions of § 1.16.4 of this Part are applicable, with PWS required to begin regular monitoring at the same frequency as the PWS-specific frequency required.

2. Community PWS must continue to monitor according to the total coliform monitoring schedules that were in effect on March 31, 2016, unless any of the conditions for increased monitoring in §§ 1.16.4(A)(12)(a) through (b) and 1.16.4(A)(14)(b) of this Part are triggered, or unless otherwise directed by the Director.

a. Community PWS serving 1,000 or fewer people using only groundwater.

(1) The Director must perform a special monitoring evaluation during each sanitary survey to review the status of the PWS, including the distribution system, to determine whether the PWS is on an appropriate monitoring schedule.

(2) After the Director has performed the special monitoring during each sanitary survey, the Director may modify the PWS’s monitoring schedule, as necessary, it may allow the PWS to stay on its existing monitoring schedule, consistent with the provisions of this section.

(3) The Director may not allow PWS to begin less monitoring under this special monitoring evaluation unless the PWS has already met the applicable criteria for less frequent monitoring in this section.

3. General

a. The provisions of § 1.16.4 of this Part include both maximum contaminant level and treatment technique requirements.

b. Applicability. The provisions of § 1.16.4 of this Part apply to all PWS.

c. Compliance date. PWS must comply with the provisions of §§ 1.16.4(A)(1) through 1.16.4(A)(16) of this Part beginning April 1, 2016, unless otherwise specified in § 1.16.4 of this Part.

d. Violations of National Primary Drinking Water Regulations. Failure to comply with the applicable requirements of §§ 1.16.4(A)(1) through 1.16.4(A)(16) of this Part is a violation of the National Primary Drinking Water Regulations under subpart Y.

4. Routine Monitoring. The purpose of coliform and E. coli monitoring is to determine if the protective barriers that keep coliform bacteria out of the PWS have been breached or compromised.

a. Sample Siting Plans

(1) PWS 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.

(2) These plans are subject to the Director’s review and revision.

(3) PWS must collect total coliform samples according to the written sample siting plan.

(4) Monitoring required per this Part may take place at a customer’s premise, dedicated sampling station, or other designated compliance sampling location.

(5) Routine and repeat sample sites and any sampling points necessary to meet the requirements of this Part must be reflected in the sampling plan.

(6) The plan must include all primary sampling locations and repeat sampling locations within 5 service connections upstream of each identified primary site and within 5 service connections downstream of each identified primary site.

(AA) The PWS may propose alternative repeat monitoring locations that are expected to better represent pathways of contamination into the distribution system; however, this proposal must be submitted for inclusion in the PWS’s sample plan prior to any routine total coliform-positive (TC+) results.

(7) The plan must identify each source the PWS has and indicate that the PWS has the ability to get representative samples of raw water from each source.

(8) The plan must include a distribution map/floor plan/or schematic of the PWS identifying the primary sampling sites, repeat sampling sites, and source locations.

(9) The sample collection schedule / sampling frequency for each identified primary location must be identified on the plan.

b. The monitoring frequency for total coliforms for PWS is based on population served by the PWS as follows:

c. Samples must be collected at regular time intervals throughout the month, EXCEPT a PWS which uses groundwater not under the influence of surface water as determined by the Director, and serves 4,900 persons or less, may collect all required samples on a single day, if they are taken from different sites.

d. A PWS that uses surface water or groundwater under the direct influence of surface water, as determined by the Director, and does not practice filtration in compliance with § 1.6 of this Part must:

(1) Collect at least one (1) sample near the first service connection each day the turbidity level exceeds 1 NTU. This sample must be analyzed for the presence of total coliforms.

(2) When one (1) or more turbidity measurements exceed 1 NTU, the PWS must collect the coliform sample within twenty-four (24) hours of the first exceedance unless the Director determines that the PWS for logistical reasons outside the PWS’s control cannot have the sample analyzed within 30 hours of collection and identifies an alternative sample collection schedule. Sample results must be included in determining compliance for “triggered” assessments or for determining compliance with the MCL for E. coli, as indicated in § 1.16.4(A)(6) of this Part.

5. Analytical Methodology. Coliform organism examinations shall be made in accordance with § 1.21 of this Part.

a. The standard sample volume required for total coliform analysis, regardless of analytical method used, is 100 ml.

b. A PWS need only determine the presence or absence of total coliforms; a determination of total coliform density is not required.

c. If any routine or repeat sample is total coliform positive, the PWS must analyze the culture medium to determine if E. coli is present.

d. The Director has the discretion to allow a PWS on a case-by-case basis, to forgo E. coli testing on a total coliform-positive (TC+) sample if that PWS assumes that the total coliform-positive (TC+) sample is E. coli - positive. Accordingly, the PWS must notify the Director as specified in § 1.16.4(A)(9) of this Part. § 1.16.4(A)(6)(h) of this Part and the provisions of § 1.16.4(A)(6)(i) of this Part apply.

6. Maximum Contaminant Level Goals (MCLGs) and Maximum Contaminant Levels (MCLs) and Treatment Technique (TT) Triggers for Microbiological Contaminants

a. MCLGs for the following contaminants are as indicated in the following table:

b. The MCLG identified in this Part is applicable.

c. A coliform treatment technique (TT) trigger is based on total coliform and/or E. coli monitoring results. The following constitutes a (TT) trigger.

(1) If a PWS collecting fewer than 40 samples per month has two (2) or more total coliform-positive (TC+) routine/repeat samples in the same month, the PWS is triggered to perform a Level 1 Assessment.

(2) If a PWS on reduced monitoring (quarterly sampling) has two (2) or more total coliform-positive (TC+) routine/repeat samples in that quarterly monitoring period, the PWS is triggered to perform a Level 1 Assessment.

(3) If a PWS collecting at least 40 samples per month has greater than 5.0 percent of the routine/repeat samples in the same month that are total coliform positive, the PWS is triggered to perform a Level 1 Assessment.

(4) If a PWS fails to collect every required repeat sample after any single total coliform-positive sample, the PWS is triggered to perform a Level 1 Assessment.

(5) If a PWS incurs an E. coli MCL violation, the PWS must have a Level 2 Assessment performed.

(6) If a PWS has a second Level 1 Assessment triggered within a rolling 12-month period, the PWS must have a Level 2 Assessment performed, unless the Director has determined the likely reason that the samples that caused the first Level 1 treatment technique trigger were total coliform-positive and has established that the PWS has corrected the problem.

d. The E. coli MCL is based on the presence or absence of E. coli rather than density and a coliform treatment technique (TT) is based on the presence or absence of total coliform and/or E. coli rather than density.

e. A PWS must determine compliance with the MCL for E. coli for each calendar month in which it is required to monitor for total coliforms (or each quarter that the sampling occurs for PWSs on reduced monitoring)

f. A PWS must take at least the minimum number of required samples even if the PWS has had an E. coli MCL violation or has exceeded the coliform treatment technique triggers.

(1) A PWS may conduct more compliance monitoring than is required to investigate potential problems in the distribution system and use monitoring as a tool to assist in uncovering problems.

(2) A PWS may take more than the minimum number of required routine samples and must include the results in calculating whether the coliform treatment technique trigger has been exceeded only if the samples are representative of water throughout the distribution system.

g. 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 and shall not be used to determine the E. coli MCL or TT for total coliforms.

(1) Repeat samples taken pursuant to § 1.16.4(A)(8) of this Part are not considered special purpose samples, and must be used to determine whether the coliform treatment technique trigger has been exceeded.

h. The following constitutes a violation of the E. coli MCL:

(1) If any repeat sample is E. coli positive.

(2) If any repeat sample is total coliform-positive (TC+) following an E. coli positive routine sample.

(3) If a complete set of repeat samples are not taken following an E. coli positive routine sample.

(4) If a repeat sample is total coliform-positive (TC+) and no E. coli analysis was performed on that repeat sample.

(5) For purposes of public notification requirements discussed in § 1.16.6 of this Part, this is a violation that may pose an acute health risk.

i. The Director must be notified of any routine or repeat E. coli positive sample, any E. coli MCL and/or of any Treatment Technique trigger, by the end of the day on which the PWS learns of the MCL or TT trigger. Notification to the Director can be extended to the end of the next business day if State offices are closed.

j. The following constitute the best technology treatment techniques, or other means available for achieving compliance with the E. coli MCL and TT requirements.

(1) Protection of wells from contamination by coliforms 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 continued maintenance of positive water pressure in all parts of the distribution system with a minimum pressure of 20 psi at all service connections;

(4) Filtration and/or disinfection of surface water or groundwater under the direct influence of surface water, or disinfection of groundwater using strong oxidants such as chlorine, chlorine dioxide, or ozone as described in §§ 1.6 and 1.13 of this Part; and

(5) The development and implementation of a R.I. Department of Environmental Management-approved wellhead protection program, or watershed protection plan.

(6) The Director hereby identifies the technology, treatment techniques, or other means available identified in §§ 1.16.4(A)(6)(j)(1) through (5) of this Part as affordable technology, treatment techniques, or other means available to PWSs serving 10,000 or fewer people for achieving compliance with the maximum contaminant level for total coliforms in § 1.16.4(A)(6)(c) of this Part.

7. Assessments and Corrective Action.

a. PWS must ensure that Level 1 or Level 2 Assessments are conducted in order to find sanitary defects at the PWS that could provide a pathway of entry for microbial contamination into the PWS or to find sanitary defects that indicate failure (existing or potential) of protective barriers against microbial contamination.

b. When conducting assessments, PWS must ensure that the assessor evaluates minimum elements that include review and identification of inadequacies in sample sites; sampling protocol; sample processing; 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., small groundwater systems); and existing water quality monitoring data.

c. The PWS must conduct the assessment consistent with any State directives that tailor specific assessment elements with respect to the size and type of the PWS and the size, type, and characteristics of the distribution system.

(1) A Level 1 assessment must be performed by the PWS owner or operator each time a Level 1 assessment is triggered as described in § 1.16.4(A)(6)(c) of this Part.

d. Level 1 Assessments

(1) The PWS must complete a Level 1 assessment as soon as practical after any trigger as described in § 1.16.4(A)(6)(c) of this Part.

(2) In the completed assessment form, the PWS must describe sanitary defects detected, corrective actions completed, and a proposed timetable for any corrective actions not already completed.

(3) The assessment form may also note that no sanitary defects were identified.

(4) The PWS must submit the completed Level 1 assessment form to the Director within 10 days after the PWS learns that it has exceeded a trigger.

(5) When sanitary defects are identified during the assessment the PWS must complete corrective actions by one of the following timeframes:

(AA) No later than the time the assessment form is submitted to the Director.

(BB) Within the Director’s approved timeframes originally proposed on the assessment form.

(CC) Timeframes determined by the Director and communicated to the PWS upon review of the assessment form and consultation with the PWS.

(i) The Director determines if the assessment is sufficient, including any proposed timetable for corrective action(s) not already completed, whether or not a sanitary defect is found.

(ii) If the Director determines that the assessment is not sufficient (including any proposed timetable for any corrective actions not already completed), the Director must consult with the PWS.

(iii) If the Director requires revisions after consultation, the PWS must submit a revised assessment form to the Director on an agreed upon schedule not to exceed thirty (30) days from the date of consultation.

(6) The PWS must correct all sanitary defects found in the assessment and/or clarify any issues found by the Director.

(7) The PWS must notify the Director each time a sanitary defect has been corrected.

(8) A PWS may request the Director to extend the assessments submittal date and/or the expected date of corrective action for noted sanitary defects on a case-by-case basis if the PWS has a logistical problem in performing the assessment and any related corrective actions as long as the request is presented in writing to the Director prior to the original expected date and provided that the Director accepts the reasoning for such an extension. In no case may the assessment submittal date be more than thirty (30) days after the TT trigger.

(9) Failure to submit an assessment within the appropriate time frame or failure to correct a sanitary defect within the approved time frame will result in a Treatment Technique Violation.

(10) Consultation.

(AA) At any time during the assessment or corrective action phase, either the PWS or the Director may request a consultation with the other party to determine the appropriate actions to be taken.

(BB) The PWS may consult with the Director on all relevant information that may impact on its ability to comply with a requirement of this subpart, including the method of accomplishment, an appropriate timeframe, and other relevant information.

e. Level 2 Assessments.

(1) A PWS must ensure that a Level 2 assessment consistent with the Director’s requirements is conducted if the PWS exceeds one of the treatment technique triggers in § 1.16.4(A)(6)(c) of this Part.

(2) The PWS must comply with any expedited actions or additional actions required by the Director in the case of an E. coli MCL violation.

(3) A Level 2 assessment must be performed by an authorized employee of the State or a State-approved entity (which could include a qualified PWS employee(s) unless otherwise directed by the State) each time the PWS has an E. coli MCL violation or when the PWS has a second Level 1 trigger within a rolling 12-month period.

(4) The assessment form must describe sanitary defects detected, corrective actions completed, and a proposed timetable for any corrective actions not already completed. The assessment form may also note that no sanitary defects were identified.

(5) The PWS is responsible for ensuring that the Level 2 assessment is conducted regardless of the entity conducting the Level 2 Assessment.

(6) The Level 2 assessment must be performed as soon as practical; however, the completed Level 2 assessment form must be submitted to the Director within thirty (30) days of the trigger for the Level 2 assessment.

(7) When sanitary defects are identified during the assessment, the PWS must complete corrective actions by one of the following timeframes:

(AA) No later than the time the assessment form is submitted to the State.

(BB) Within State-approved timeframes originally proposed on the assessment form.

(CC) Timeframes determined by the Director and communicated to the PWS upon review of the assessment form and consultation with the PWS. The Director determines if the assessment is sufficient including any proposed timetable for corrective actions not already completed, whether or not a sanitary defect is found.

(8) The PWS must correct all sanitary defects found in the assessment and/or clarify any issues found by the Director.

(9) The PWS must notify the Director each time a sanitary defect has been corrected.

(10) A PWS may request the Director to extend the assessments submittal date and/or the expected date of corrective action for noted sanitary defects on a case-by-case basis if the PWS has a logistical problem in performing the assessment and any related corrective actions as long as the request is presented in writing to the Director prior to the original expected date and provided that the Director accepts the reasoning for such an extension. In no case may any extension requests be submitted more than 30 days after the TT trigger.

(11) Failure to submit an assessment within the appropriate time frame or failure to correct a sanitary defect within the approved time frame will result in a Treatment Technique Violation.

(12) Consultation.

(AA) At any time during the assessment or corrective action phase, either the PWS or the Director may request a consultation with the other party to determine the appropriate actions to be taken.

(BB) The PWS may consult with the Director on all relevant information that may impact on its ability to comply with a requirement of this subpart, including the method of accomplishment, an appropriate timeframe, and other relevant information.

8. Repeat Monitoring.

a. If a routine sample is total coliform-positive (TC+), the PWS must collect a set of repeat samples for each total coliform positive within twenty-four (24) hours of being notified of the positive result as follows:

(1) The PWS must take three (3) repeat samples at locations specified in the sample siting plan on the same day. Total volume collected must be at least three hundred (300) ml.

(2) A consecutive groundwater (GW) PWS that has a total coliform-positive sample must in addition to collecting its required repeat samples, notify its wholesale PWS(s) within 24 hours.

(3) The wholesale (GW) PWS(s) must conduct triggered source water monitoring under the groundwater rule.

b. If the source water sample is fecal indicator (+), the wholesale PWS must notify the consecutive PWS within twenty-four (24) hours and conduct additional monitoring.

c. The Director may extend the twenty-four (24) hour limit on a case-by-case basis if the PWS has a logistical problem in collecting the repeat samples within twenty-four (24) hours that is beyond its control. In the case of an extension, the Director will specify how much time the PWS has to collect the repeat samples.

d. At least one (1) repeat sample must be collected from the sampling tap where the original positive sample was taken; at least one (1) repeat sample within five (5) service connections upstream of the original site; and one (1) repeat sample within five (5) service connections downstream of the original site.

e. The PWS may propose alternative repeat monitoring locations that are expected to better represent pathways of contamination into the distribution system; however, this proposal must be submitted for inclusion in the PWS’s sample plan prior to any routine total coliform-positive results.

(1) A PWS 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.

(2) The PWS 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.

(3) The Director may modify the SOP or require alternative monitoring locations as needed.

f. Groundwater PWS serving 1,000 or fewer people may propose repeat sampling locations to the State that differentiate potential source water and distribution system contamination (e.g., by sampling at entry points to the distribution system). A groundwater system with a single well required to conduct triggered source water monitoring may, with written State approval, take one of its repeat samples at the monitoring location required for triggered source water monitoring under § 1.13.3 of this Part if the PWS demonstrates to the Director’s satisfaction that the sample siting plan remains representative of water quality in the distribution system. If approved by the Director, the PWS may use that sample result to meet the monitoring requirements in § 1.13.3 of this Part.

g. PWS must identify repeat monitoring locations in the sample siting plan.

(1) Unless the provisions of §§ 1.16.4(A)(8)(e)((1)) or ((2)) of this Part are met, the PWS 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.

(2) 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 PWS must still take all required repeat samples. However, the State 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.

(3) Except as provided for in § 1.16.4(A)(8)(f) of this Part, PWS required to conduct triggered source water monitoring under § 1.13.3 of this Part must take groundwater source sample(s) in addition to repeat samples required under this subpart.

h. The Director may review, revise, and approve, as appropriate, repeat sampling proposed by PWS under §§ 1.16.4(A)(8)(e)((1)) and ((2)) of this Part.

(1) The PWS must demonstrate that the sample siting plan remains representative of the water quality in the distribution system.

(2) The State may determine that monitoring at the entry point to the distribution system (especially for undisinfected groundwater systems) is effective to differentiate between potential source water and distribution system problems.

i. Single service connection PWS must take at least one (1) repeat sample from the sampling tap where the original positive sample was taken; one (1) repeat sample from a tap upstream from the original site in the building; and one (1) repeat sample from a tap downstream from the original site in the building. These locations must be identified on the PWS’s approved sample site plan.

j. For every routine total coliform-positive sample taken from a PWS served by groundwater (GW), the PWS must take a raw water source sample from each source that was in operation the day that the routine original total coliform-positive sample was taken. The groundwater source samples must be taken within twenty-four (24) hours of being notified of the routine original total coliform-positive result.

k. All repeat samples and if applicable, groundwater rule samples, must be collected on the same day.

l. If one (1) or more repeat sample in the set is total coliform-positive, the PWS must collect an additional set of repeat samples as described in this Section.

(1) The PWS must repeat this process until either total coliforms are not detected in one (1) complete set of repeat samples, or the PWS determines that the Treatment Technique (TT) requirements are triggered and notifies the Director.

m. Results of all routine and repeat samples not invalidated by the Director must be included in determining compliance with the E. coli MCL and TT triggers.

n. PWS on quarterly monitoring schedules must take a minimum of three (3) additional routine samples the month following a total coliform-positive (TC+) routine or repeat sample.

(1) PWS 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.

(2) PWS must use the results of additional routine samples in coliform treatment technique trigger calculations.

(3) Even if the State determines that the PWS has corrected the contamination problem before repeat samples are taken, the State may not waive the requirement to collect three additional routine samples the next month in which the PWS provides water to the public solely on the grounds that all repeat samples are total coliform-negative.

o. PWS on monthly monitoring schedules sample according to their normal monthly schedule the month following a total coliform-positive (TC+) routine or repeat sample.

p. If a PWS fails to take every required repeat sample after any single total coliform-positive, the PWS is triggered to perform a Level 1 assessment.

q. After a PWS 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 PWS may count the subsequent sample(s) as a repeat sample instead of as a routine sample.

9. E. coli Testing.

a. If any routine or repeat sample is total coliform positive, the PWS must analyze the culture for E. coli.

b. If E. coli is present, the PWS must notify the Director by the end of the day when the PWS is notified of the test result, unless the PWS is notified of the result after the State office is closed and the State does not have either an after-hours phone line or an alternative notification procedure, in which case the PWS must notify the State before the end of the next business day.

10. Invalidation of Samples

a. A total coliform sample invalidated under § 1.16.4(A)(10) of this Part does not count towards meeting the minimum monitoring requirements of § 1.16.4 of this Part.

b. The Director will invalidate a total coliform-positive sample and document same in writing only if:

(1) The laboratory establishes that improper sample analysis caused the total coliform positive result.

(2) The Director determines that the total coliform-positive sample resulted from a domestic or other non-distribution system plumbing problem.

(AA) The Director 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., a State cannot invalidate a total coliform-positive (TC+) sample on the basis of repeat samples if all the repeat samples are total coliform-negative, or if the PWS has only one service connection).

(3) The Director 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.

(AA) In this case, the PWS must still collect all repeat samples required under § 1.16.4(A)(8) of this Part and use them to determine whether a coliform treatment technique trigger in § 1.16.4(A)(6) of this Part has been exceeded.

(BB) 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 State official who recommended the decision.

(CC) The State must make this document available to EPA and the public.

(DD) The written documentation must state the specific cause of the total coliform-positive sample, and what action the PWS has taken, or will take, to correct this problem.

(EE) The State may not invalidate a total coliform-positive sample solely on the grounds that all repeat samples are total coliform-negative.

c. 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).

d. If a laboratory invalidates a sample because of such interference, the PWS must collect another sample from the same location as the original sample within twenty-four (24) hours of being notified of the interference problem, and have it analyzed for the presence of total coliforms.

(1) The PWS must continue to re-sample within twenty-four (24) hours and have the samples analyzed until it obtains a valid result.

(2) The Director may extend the twenty-four (24) hour limit on a case-by-case basis if the PWS has a logistical problem in collecting the repeat sample within twenty-four (24) hours that is beyond its control.

(3) In the case of an extension, the Director will specify how much time the PWS has to collect the repeat samples.

11. Reduced Monitoring.

a. A groundwater community PWS serving 1,000 or fewer people may reduce its routine monitoring (1 sample per month) to 1 sample per quarter if it meets the following criteria:

(1) The PWS has a State-certified operator.

(2) The most recent sanitary survey shows that the PWS is free of sanitary defects (or has an approved plan and schedule to correct them, and is in compliance with the plan and the schedule).

(3) The PWS has a protected water source.

(4) The source meets approved construction standards.

(5) The PWS must have a clean compliance history for a minimum of twelve (12) months.

(6) In addition, the PWS must meet at least one of the following criteria:

(AA) The PWS has an annual site visit by the State that is equivalent to a Level 2 assessment or a voluntary annual Level 2 assessment by a party approved by the State, with correction of all identified sanitary defects (or an approved plan schedule to correct them and is in compliance with the plan and schedule).

(BB) The PWS recertifies compliance with § 1.9.4 of this Part Cross Connection control.

(CC) The PWS has continuous disinfection entering the distribution system and a residual in the distribution system in accordance with criteria specified by the Director.

(DD) The PWS maintains at least a 4-log removal or inactivation of viruses as provided under § 1.13 of this Part.

(EE) The PWS has other equivalent enhancements to water system barriers as approved by the Director.

b. A groundwater community PWS serving 1,000 or fewer people which has Ultra Violet (U.V.) disinfection which does not meet a 4-log removal or inactivation of viruses as provided under § 1.13 of this Part is not eligible for reduced monitoring and must remain on its 1 sample per month schedule.

12. Return to Routine Monitoring for Community PWS.

a. A groundwater community PWS serving 1,000 or fewer people on quarterly monitoring that experiences any of the events in §§ 1.16.4(A)(12)(b)((1)) through ((5)) of this Part must begin monthly monitoring the month following the event.

b. The PWS must continue monthly monitoring until it meets the reduced monitoring requirements in § 1.16.4(A)(13) of this Part.

(1) The PWS triggers a Level 2 assessment or a second Level 1 assessment in a rolling 12-month period.

(2) The PWS has an E. coli MCL violation.

(3) The PWS has a coliform treatment technique violation.

(4) The PWS has two coliform monitoring violations in a rolling 12-month period or the PWS has one coliform monitoring violation and has triggered one Level 1 assessment in a rolling 12-month period.

(5) A PWS that loses its certified operator must return to monthly monitoring the month following that loss.

c. A PWS on monthly monitoring for reasons other than those identified in § 1.16.4(A)(12) of this Part is not considered to be on increased monitoring for the purposes of § 1.16.4(A)(13) of this Part.

13. Return to Reduced Monitoring After Being Triggered to Increased Monitoring for Community PWS.

a. A groundwater community PWS serving 1,000 or fewer people must meet the following criteria in order to return to routine quarterly monitoring after being triggered to increased monitoring:

(1) The PWS has a State-certified operator.

(2) Within the last twelve (12) months, the PWS must have a completed sanitary survey or a site visit by the State or a voluntary Level 2 assessment by a party approved by the State, showing that the PWS is free of sanitary defects.

(3) The PWS has a protected water source.

(4) The source meets approved construction standards.

(5) The PWS must have a clean compliance history for a minimum of twelve (12) months.

14. Sanitary Surveys

a. PWS must undergo another sanitary survey every five (5) years, except that non-community PWS using only protected and disinfected groundwater as defined by the Director must undergo subsequent sanitary surveys at least every ten (10) years after the initial sanitary survey. Sanitary surveys conducted by the Director may be used to meet the sanitary survey requirements of this Part.

b. A PWS is responsible for making all necessary facilities, personnel, and records available so that a sanitary survey may be completed.

c. Deficiencies listed in a sanitary survey are considered to be unsafe conditions and must be addressed as provided for in § 1.10 of this Part.

d. The State must perform a special monitoring evaluation at all groundwater PWS serving 1,000 or fewer persons during each sanitary survey to review the status of the PWS and to determine whether the sample sites and monitoring schedule need to be modified.

15. Violation Types

a. E. coli MCL Violation. A PWS is in violation of the MCL for E. coli when any of the following conditions occur:

(1) The PWS has an E. coli-positive repeat sample following a total coliform-positive routine sample

(2) The PWS has a total coliform-positive repeat sample following an E. coli-positive routine sample.

(3) The PWS fails to take all required repeat samples following an E. coli-positive routine sample.

(4) The PWS fails to test for E. coli when any repeat sample tests positive for total coliform.

b. Treatment Technique Violation. The following are treatment technique violations:

(1) When a PWS exceeds a treatment technique trigger specified in § 1.16.4(A)(6)(c) of this Part and then fails to conduct the required assessment or corrective actions within the timeframe specified in § 1.16.4(A)(7) of this Part.

(2) When a seasonal PWS fails to complete a State-approved start-up procedure prior to serving water to the public.

(3) When a PWS fails to correct any sanitary defect found through either a Level 1 or Level 2 assessment within thirty (30) days of learning of the trigger or in accordance with a schedule approved by the Director.

c. Monitoring Violation. The following are monitoring violations:

(1) Failure to take every required routine or additional routine sample in a compliance period.

(2) Failure to analyze for E. coli following a total coliform-positive routine sample is a monitoring violation.

d. Reporting Violation. The following are reporting violations:

(1) Failure to submit a monitoring report or completed assessment form after a PWS properly conducts monitoring or assessment in a timely manner.

(2) Failure to notify the State following an E. coli-positive sample as required by § 1.16.4(A)(9) of this Part.

(3) Failure to submit certification of completion of State-approved start-up procedure by a seasonal PWS.

16. Reporting Requirements

a. In addition to the general reporting requirements found at § 1.11 of this Part, the following apply to § 1.16.4 of this Part:

(1) A PWS must notify the Director, by the end of the day when the PWS learns of an E. coli MCL violation, unless the PWS learns of the violation after the State office is closed, in which case the PWS must notify the Director before the end of the next business day, and notify the public in accordance with § 1.16.6 of this Part.

(2) A PWS must notify the Director by the end of the day when the PWS is notified of an E. coli-positive routine sample and of a (TT) trigger, unless the PWS is notified of the result after the State office is closed, in which case the PWS must notify the Director before the end of the next business day.

(3) A PWS that has violated the treatment technique for coliforms must report the violation to the Director no later than the end of the next business day after it learns of the violation, and notify the public in accordance with § 1.16.6 of this Part.

(4) A PWS which has failed to comply with a coliform monitoring requirement, including the sanitary survey must report the monitoring violation to the Director within ten (10) days after the PWS discovers the violation, and notify the public in accordance with § 1.16.6 of this Part.

b. A seasonal PWS must certify, prior to serving water to the public, that it has complied with the State-approved start-up procedure.

c. A community PWS must report the following in its Consumer Confidence Report (CCR):

(1) E. coli: number of positive results.

(2) Level 1 or Level 2 assessment language.

1.16.5 Radioactivity

A. Monitoring and Compliance Requirements for Gross Alpha Particle Activity, Radium- 226, Radium-228 and Uranium.

1. Community PWS must conduct initial monitoring to determine compliance with §§ 1.16.5(B) and (C) of this Part, by December 31, 2007. For the purposes of monitoring for gross alpha particle activity, radium-226, radium-228, and uranium in drinking water, “detection limit” is defined as in § 1.21 of this Part.

a. Applicability and sampling location for existing community PWS or sources.

(1) All existing community PWS using groundwater, surface water or PWS using both ground and surface water (for the purpose of this Section hereafter referred to as PWS) must sample at every entry point to the distribution system that is representative of all sources being used (hereafter called a sampling point) under normal operating conditions.

(2) The PWS must take each sample at the same sampling point unless conditions make another sampling point more representative of each source or the Director has designated a distribution system location, in accordance with § 1.16.5(A)(2)(b)((3)) of this Part.

b. Applicability and sampling location for new community PWS or sources.

(1) All new community PWS or community PWS that use a new source of water must begin to conduct initial monitoring for the new source within the first quarter after initiating use of the source.

(2) Community PWS must conduct more frequent monitoring when ordered by the Director in the event of possible contamination or when changes in the distribution system or treatment processes occur which may increase the concentration of radioactivity in finished water.

2. Initial Monitoring. PWSs must conduct initial monitoring for gross alpha particle activity, radium-226, radium-228, and uranium as follows:

a. PWSs without acceptable historical data, as defined in § 1.16.5(A)(2)(b) of this Part, must collect four (4) consecutive quarterly samples at all sampling points before December 31, 2007.

b. Grandfathering of Data: The Director may allow historical monitoring data collected at a sampling point to satisfy the initial monitoring requirements for that sampling point, for the following situations:

(1) To satisfy initial monitoring requirements, a community PWS having only one (1) entry point to the distribution system may use the monitoring data from the last compliance monitoring period that began between June 2000 and December 8, 2003.

(2) To satisfy initial monitoring requirements, a community PWS with multiple entry points and having appropriate historical monitoring data for each entry point to the distribution system may use the monitoring data from the last compliance monitoring period that began between June 2000 and December 8, 2003.

(3) To satisfy initial monitoring requirements, a community PWS with appropriate historical data for a representative point in the distribution system may use the monitoring data from the last compliance monitoring period that began between June 2000 and December 8, 2003, provided that the Director finds that the historical data satisfactorily demonstrate that each entry point to the distribution system is expected to be in compliance based upon the historical data and reasonable assumptions about the variability of contaminant levels between entry points. The Director must make a written finding indicating how the data conforms to these requirements.

c. For gross alpha particle activity, uranium, radium-226, and radium-228 monitoring, the Director may waive the final two (2) quarters of initial monitoring for a sampling point if the results of the samples from the previous two (2) quarters are below the detection limit.

d. If the average of the initial monitoring results for a sampling point is above the MCL, the PWS must collect and analyze quarterly samples at that sampling point until the PWS has results from four (4) consecutive quarters that are at or below the MCL, unless the PWS enters into another schedule as part of a formal compliance agreement with the Director.

3. Reduced Monitoring. The Director may allow community PWS to reduce the future frequency of monitoring from once every three (3) years to once every six (6) or nine (9) 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 § 1.21 of this Part, the PWS must collect and analyze for that contaminant using at least one (1) sample at that sampling point every nine (9) 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 1/2 the MCL, the PWS must collect and analyze for that contaminant using at least one (1) sample at that sampling point every six (6) 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 1/2 the MCL, the PWS must collect and analyze for that contaminant using at least one (1) sample at that sampling point every six (6) years.

c. For gross alpha particle activity and uranium, if the average of the initial monitoring results for each contaminant is above 1/2 the MCL but at or below the MCL, the PWS must collect and analyze at least one (1) sample at that sampling point every three (3) 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 1/2 the MCL but at or below the MCL, the PWS must collect and analyze at least one (1) sample at that sampling point every three (3) years.

d. PWSs must use the samples collected during the reduced monitoring period to determine the monitoring frequency for subsequent monitoring periods (e.g., if a PWS's sampling point is on a nine (9) year monitoring period, and the sample result is above 1/2 MCL, then the next monitoring period for that sampling point is three (3) years).

e. If a PWS has a monitoring result that exceeds the MCL while on reduced monitoring, the PWS must collect and analyze quarterly samples at that sampling point until the PWS has results from four (4) consecutive quarters that are below the MCL, unless the PWS enters into another schedule as part of a formal compliance agreement with the Director.

4. Compositing. To fulfill quarterly monitoring requirements for gross alpha particle activity, radium-226, radium-228, or uranium, a PWS may composite up to four (4) consecutive quarterly samples from a single-entry point if analysis is done within a year of the first sample. The Director will treat analytical results from the composited sample 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 1/2 MCL, the Director may direct the PWS to take additional quarterly samples before allowing the PWS to sample under a reduced monitoring schedule.

5. 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. The gross alpha measurement shall have a confidence interval of 95% (1.65 sigma, where sigma is the standard deviation of the net counting rate of the sample) for radium- 226 and uranium. When a PWS uses a gross alpha particle activity measurement in lieu of a radium-226 and/or uranium measurement, the gross alpha particle activity analytical result will be used to determine the future monitoring frequency for radium-226 and/or uranium. If the gross alpha particle activity result is less than detection, ½ the detection limit will be used to determine compliance and the future monitoring frequency.

B. Maximum Contaminant Level for Gross Alpha Particle Activity and Radium-226 and Radium-228

C. Maximum Contaminant Level for Uranium. The maximum contaminant level for uranium is 30 ?g/L.

D. Maximum Contaminant Level for Manmade Beta Particle and Photon Emitters. The average annual concentration of manmade beta particle and photon emitters shall not meet or exceed an annual dose equivalent to the total body or any internal organ of 4 millirems/year.

1. Except for the radionuclides listed in Table A, the concentration of man-made radionuclides causing 4 mrem total body or any internal organ dose equivalents must be calculated on the basis of 2 liter per day drinking water intake using the 168 hour data list in “Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure,” NBS (National Bureau of Standards) Handbook 69 as amended August 1963, U.S. Department of Commerce. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 C.F.R. Part 51. Copies of this document are available from the National Technical Information Service, NTIS ADA 280 282, U.S. Department of Commerce, 5285 Port Royal Road, Springfield, Virginia 22161. The toll-free number is 800-553-6847. Copies may be inspected at EPA's Drinking Water Docket, 401 M Street, SW., Washington, DC 20460; or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.

2. If two (2) or more radionuclides are present, the sum of their annual dose equivalent to the total body or to any internal organ shall not exceed 4 mrem/year.

E. Monitoring and Compliance Requirements for Beta Particle and Photon Radioactivity. For the purposes of monitoring for beta particle and photon radioactivity in drinking water, “detection limit” is defined as in § 1.21 of this Part. To determine compliance with the maximum contaminant levels in § 1.16.5(D) of this Part for beta particle and photon radioactivity, a PWS must monitor at a frequency as follows:

1. Community PWS (both surface and groundwater) designated by the Director as vulnerable must sample for beta particle and photon radioactivity. PWSs must collect quarterly samples for 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 (1) quarter after being notified by the Director. PWSs already designated by the Director must continue to sample until the Director reviews and either reaffirms or removes the designation.

a. 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 Director may reduce the frequency of monitoring at that sampling point to once every three (3) years. PWSs must collect all samples required in § 1.16.5(E)(1) of this Part during the reduced monitoring period.

b. For PWSs in the vicinity of a nuclear facility, the Director may allow the community PWS to utilize environmental surveillance data collected by the nuclear facility in lieu of monitoring at the system's entry point(s), where the Director determines if such data is applicable to a particular PWS. In the event that there is a release from a nuclear facility, PWS which are using surveillance data must begin monitoring at the community PWS's entry point(s) in accordance with § 1.16.5(E)(1) of this Part.

2. Community PWS (both surface and groundwater) designated by the Director as utilizing waters contaminated by effluents from nuclear facilities must sample for beta particle and photon radioactivity. PWSs 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 (1) quarter after being notified by the Director. PWSs already designated by the Director as PWSs using waters contaminated by effluents from nuclear facilities must continue to sample until the Director reviews and either reaffirms or removes the designation.

a. Quarterly monitoring for gross beta particle activity shall be based on the analysis of monthly samples or the analysis of a composite of three (3) monthly samples. The former is recommended.

b. For iodine-131, a composite of five (5) 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 finished water.

c. Annual monitoring for strontium-90 and tritium shall be conducted by means of the analysis of a composite of four (4) consecutive quarterly samples or analysis of four (4) quarterly samples. The latter procedure is recommended.

d. 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 15 pCi/L (screening level), the Director may reduce the frequency of monitoring at that sampling point to every three (3) years. PWSs must collect all samples required in § 1.16.5(E)(2) of this Part during the reduced monitoring period.

e. For PWSs in the vicinity of a nuclear facility, the Director may allow the community PWS to utilize environmental surveillance data collected by the nuclear facility in lieu of monitoring at the PWS's entry point(s), where the Director determines if such data is applicable to a particular PWS. In the event that there is a release from a nuclear facility, PWSs which are using surveillance data must begin monitoring at the community PWS's entry point(s) in accordance with § 1.16.5(E)(2) of this Part.

3. Community PWS designated by the Director to monitor for beta particle and photon radioactivity cannot apply to the Director for a waiver from the monitoring frequencies specified in §§ 1.16.5(E)(1) or (2) of this Part.

4. Community PWS may analyze for naturally occurring potassium-40 beta particle activity from the same or equivalent sample used for the gross beta particle activity analysis. PWSs 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.

5. If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity exceeds the appropriate 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 § 1.16.5(D) of this Part, using the formula in § 1.16.5(D)(1) of this Part. Doses must also be calculated and combined for measured levels of tritium and strontium to determine compliance.

6. PWSs must monitor monthly at the sampling point(s) which exceed the maximum contaminant level in § 1.16.5(D) of this Part beginning the month after the exceedance occurs. PWSs must continue monthly monitoring until the PWS has established, by a rolling average of 3 monthly samples, that the MCL is being met. PWSs who establish that the MCL is being met must return to quarterly monitoring until they meet the requirements set forth in §§ 1.16.5(E)(1)(a) or (E)(2)(d) of this Part.

F. General Monitoring and Compliance Requirements for Radionuclides.

1. The Director may require more frequent monitoring than specified in §§ 1.16.5(A) and (E) of this Part, or may require confirmation samples at its discretion. The results of the initial and confirmation samples will be averaged for use in compliance determinations.

2. Each PWS shall monitor at the time designated by the Director during each compliance period.

3. Compliance: Compliance with §§ 1.16.5(B) through (D) of this Part will be determined based on the analytical result(s) obtained at each sampling point. If one (1) sampling point is in violation of an MCL, the PWS is in violation of the MCL.

a. For PWSs 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 PWS is out of compliance with the MCL.

b. For PWSs monitoring more than once per year, if any sample result will cause the running average to exceed the MCL at any sample point, the PWS is out of compliance with the MCL immediately.

c. PWSs must include all samples taken and analyzed under the provisions of this Section in determining compliance, even if that number is greater than the minimum required.

d. If a PWS 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.

e. 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, ½ the detection limit will be used to calculate the annual average.

f. To judge compliance with the maximum contaminant levels listed in §§ 1.16.5(B), (C) and (D) of this Part, averages of data shall be used and shall be rounded to the same number of significant figures as the maximum contaminant level for the substance in question.

4. The Director has the discretion to delete results of obvious sampling or analytic errors.

5. If the MCL for radioactivity set forth in §§ 1.16.5(B), (C) or (D) of this Part is exceeded, the operator of a community PWS must give notice to the Director pursuant to § 1.11 of this Part and to the public as required by § 1.16.6 of this Part.

6. Where monitoring results exceed the MCLs specified in §§ 1.16.5(B), (C) or (D) of this Part, compliance shall be achieved by installation of central treatment which is approved by the Director. Point of use or point of entry devices may be used only as a condition of a variance from § 1.16.5(F) of this Part and only if a plan for their maintenance and operation is approved by the Director and every building connected to the PWS has a device installed and adequately monitored by the PWS. Requirements for approval of use of non-centralized treatment are contained in §§ 1.5(F) and (G) of this Part.

G. Compliance Combined Radium-226 and -228, Gross Alpha Particle Activity, Gross Beta Particle and Photon Radioactivity and Uranium: Community PWS must comply with the MCLs listed in §§ 1.16.5(B), (C) and (D) of this Part and compliance shall be determined in accordance with the requirements of §§ 1.16.5 and 1.21 of this Part. Compliance with reporting requirements for the radionuclides under §§ 1.11 and 1.16.6 of this Part is required.

H. Best Available Technologies (BATs) for Radionuclides. The Director hereby identifies as indicated in the following table the best technology available for achieving compliance with the maximum contaminant levels for combined radium-226 and -228, uranium, gross alpha particle activity and beta particle and photon radioactivity.

I. Small Systems Compliance Technologies List for Radionuclides

1.16.6 Public Notification of Drinking Water Violations

A. General Public Notification Requirements

1. Each owner or operator of a PWS (community PWS, non-transient, non-community PWS and transient non-community PWS) must give notice for all violations of National Primary Drinking Water Regulations (NPDWR) and for other situations, as listed in Table 1. The term “NPDWR violations” is used in this Part to include violations of the maximum contaminant level (MCL), maximum residual disinfection level (MRDL), treatment technique (TT), monitoring requirements and testing procedures in this Part. § 1.16.7 of this Part identifies the tier assignment for each specific violation or situation requiring a public notice.

a. Table 1 to § 1.16.6(A) of this Part - Violation Categories and Other Situations Requiring a Public Notice

2. Public notice requirements are divided into three (3) tiers, to take into account the seriousness of the violation or situation and of any potential adverse health effects that may be involved. The public notice requirements for each violation or situation listed in Table 1 of this Section are determined by the tier to which it is assigned. Table 2 of this Section provides the definition of each tier. § 1.16.7 of this Part identifies the tier assignment for each specific violation or situation.

a. Table 2 to § 1.16.6(A) of this Part- Definition of Public Notice Tiers

3. Persons required to be notified:

a. Each PWS must provide public notice to persons served by the PWS, in accordance with this subpart. PWSs that sell or otherwise provide drinking water to other PWSs (i.e., to consecutive PWSs) are required to give public notice to the owner or operator of the consecutive PWS; the consecutive PWS is responsible for providing public notice to the persons it serves.

b. If a PWS has a violation in a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system, the Director may allow the PWS to limit distribution of the public notice to only persons served by that portion of the PWS which is out of compliance. Permission by the Director for limiting distribution of the notice must be granted in writing.

c. A copy of the notice must also be sent to the Director, in accordance with the requirements under § 1.16.6(K) of this Part.

B. Tier 1 Public Notice-Form, Manner and Frequency of Notice

1. Table 1 of this Section lists the violation categories and other situations requiring a Tier 1 public notice. § 1.16.7 of this Part identifies the tier assignment for each specific violation or situation.

2. PWSs must:

a. Provide a public notice as soon as practical but no later than twenty-four (24) hours after the PWS learns of the violation;

b. Initiate consultation with the Director as soon as practical, but no later than twenty-four (24) hours after the PWS learns of the violation or situation, to determine additional public notice requirements and

c. Comply with any additional public notification requirements (including any repeat notices or direction on the duration of the posted notices) that are established as a result of the consultation with the Director. Such requirements may include the timing, form, manner, frequency and content of repeat notices (if any) and other actions designed to reach all persons served.

3. PWSs must provide the notice within twenty-four (24) hours in a form and manner reasonably calculated to reach all persons served. The form and manner used by the PWS are to fit the specific situation, but must be designed to reach residential, transient and non-transient users of the PWS. In order to reach all persons served, PWS are to use, at a minimum, one (1) or more of the following forms of delivery:

a. Appropriate broadcast media (such as radio and television);

b. Posting of the notice in conspicuous locations throughout the area served by the PWS;

c. Hand delivery of the notice to persons served by the PWS; or

d. Another delivery method approved in writing by the Director.

C. Tier 2 Public Notice-Form, Manner, and Frequency of Notice

1. Table 1 of this Section lists the violation categories and other situations requiring a Tier 2 public notice. § 1.16.7 of this Part identifies the tier assignment for each specific violation or situation.

2. Tier 2 Public Notice

a. A PWS must provide the public notice as soon as practical, but no later than thirty (30) days after the PWS learns of the violation. If the public notice is posted, the notice must remain in place for as long as the violation or situation persists, but in no case for less than seven (7) days, even if the violation or situation is resolved. The Director may, in appropriate circumstances, allow additional time for the initial notice of up to three (3) months from the date the PWS learns of the violation. It is not appropriate for the Director to grant an extension to the 30-day deadline for any unresolved violation or to allow across-the-board extensions by rule or policy for other violations or situations requiring a Tier 2 public notice. Extensions granted by the Director must be in writing.

b. The PWS must repeat the notice every three (3) months as long as the violation or situation persists, unless the Director determines that appropriate circumstances warrant a different repeat notice frequency. In no circumstance may the repeat notice be given less frequently than once per year. It is not appropriate for the Director to allow less frequent repeat notice for an MCL violation under the Total Coliform Rule or a treatment technique violation under the Surface Water Treatment Rule or Interim Enhanced Surface Water Treatment Rule (§ 1.6 of this Part). It is also not appropriate for the Director to allow through its rules or policies across the board reductions in the repeat notice frequency for other ongoing violations requiring a Tier 2 repeat notice. The Director’s determinations allowing repeat notices to be given less frequently than once every three (3) months must be in writing.

c. For the turbidity violations specified in this Paragraph, PWSs must consult with the Director as soon as practical but no later than twenty-four (24) hours after the PWS learns of the violation, to determine whether a Tier 1 public notice under § 1.16.6(B)(1) of this Part is required to protect public health. When consultation does not take place within the 24-hour period, the PWS must distribute a Tier 1 notice of the violation within the next twenty-four (24) hours (i.e., no later than 48 hours after the PWS learns of the violation), following the requirements under § 1.16.6(B) of this Part and consultation with the Director is required for:

(1) Violation of the turbidity MCL under § 1.16.3 of this Part; or

(2) Violation of the SWTR, IESWTR or LT1ESWTR (§ 1.6 of this Part) treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit.

3. PWSs must provide the initial public notice and any repeat notices in a form and manner that is reasonably calculated to reach persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of PWS, but it must at a minimum meet the following requirements:

a. Unless directed otherwise by the Director in writing, community PWS must provide notice by:

(1) Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the PWS; and

(2) Any other method reasonably calculated to reach other persons regularly served by the PWS, if they would not normally be reached by the notice required in § 1.16.6(C)(3)(a)((1)) of this Part. Such persons may include those who do not pay water bills or do not have service connection addresses (e.g., house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.). Other methods may include: Publication in a local newspaper; delivery of multiple copies for distribution by customers that provide their drinking water to others (e.g., apartment building owners or large private employers); posting in public places served by the PWS or on the Internet; or delivery to community organizations.

b. Unless directed otherwise by the Director in writing, non-community PWS must provide notice by:

(1) Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the PWS, or by mail or direct delivery to each customer and service connection (where known); and

(2) Any other method reasonably calculated to reach other persons served by the PWS if they would not normally be reached by the notice required in § 1.16.6(C)(3)(b)((1)) of this Part. Such persons may include those served who may not see a posted notice because the posted notice is not in a location they routinely pass by. Other methods may include: Publication in a local newspaper or newsletter distributed to customers; use of E-mail to notify employees or students; or, delivery of multiple copies in central locations (e.g., community centers).

D. Tier 3 Public Notice-Form, Manner, and Frequency of Notice

1. Table 1 of this Section lists the violation categories and other situations requiring a Tier 3 public notice. § 1.16.7 of this Part identifies the tier assignment for each specific violation or situation.

2. Notification Timeframe

a. A PWS must provide the public notice not later than one (1) year after the PWS learns of the violation or situation or begins operating under a variance or exemption. Following the initial notice, the PWS must repeat the notice annually for as long as the violation, variance, exemption, or other situation persists. If the public notice is posted, the notice must remain in place for as long as the violation, variance, exemption, or other situation persists, but in no case less than seven (7) days (even if the violation or situation is resolved).

b. Instead of individual Tier 3 public notices, a PWS may use an annual report detailing all violations and situations that occurred during the previous twelve (12) months, as long as the timing requirements of § 1.16.6(D)(2)(a) of this Part are met.

3. A PWS must provide the initial notice and any repeat notices in a form and manner that is reasonably calculated to reach persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of PWS, but it must at a minimum meet the following requirements:

a. Unless directed otherwise by the Director in writing, community PWS must provide notice by:

(1) Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the PWS; and

(2) Any other method reasonably calculated to reach other persons regularly served by the PWS, if they would not normally be reached by the notice required in § 1.16.7(D)(3)(a)((1)) of this Part. Such persons may include those who do not pay water bills or do not have service connection addresses (e.g., house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.). Other methods may include: Publication in a local newspaper; delivery of multiple copies for distribution by customers that provide their drinking water to others (e.g., apartment building owners or large private employers); posting in public places or on the Internet; or delivery to community organizations.

b. Unless directed otherwise by the Director in writing, non-community PWS must provide notice by:

(1) Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the PWS, or by mail or direct delivery to each customer and service connection (where known); and

(2) Any other method reasonably calculated to reach other persons served by the PWS, if they would not normally be reached by the notice required in § 1.16.6(D)(3)(b)((1)) of this Part. Such persons may include those who may not see a posted notice because the notice is not in a location they routinely pass by. Other methods may include: Publication in a local newspaper or newsletter distributed to customers; use of E-mail to notify employees or students; or, delivery of multiple copies in central locations (e.g., community centers).

4. In what situations, may the Consumer Confidence Report be used to meet the Tier 3 public notice requirements? For community PWS, the Consumer Confidence Report (CCR) required under § 1.16.11 of this Part may be used as a vehicle for the initial Tier 3 public notice and all required repeat notices, as long as:

a. The CCR is provided to persons served no later than twelve (12) months after the PWS learns of the violation or situation as required under § 1.16.6(D)(1) of this Part;

b. The Tier 3 notice contained in the CCR follows the content requirements under § 1.16.6(E) of this Part; and

c. The CCR is distributed following the delivery requirements under § 1.16.6(D)(3) of this Part.

E. Content of the Public Notice

1. When a PWS violates a NPDWR or has a situation requiring public notification, each public notice must include the following elements:

a. A description of the violation or situation, including the contaminant(s) of concern, and (as applicable) the contaminant level(s);

b. When the violation or situation occurred;

c. Any potential adverse health effects from the violation or situation, including the standard language under §§ 1.16.6(E)(4)(a) or (b) of this Part, whichever is applicable;

d. The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water;

e. Whether alternative water supplies should be used;

f. What actions consumers should take, including when they should seek medical help, if known;

g. What the PWS is doing to correct the violation or situation;

h. When the PWS expects to return to compliance or resolve the situation;

i. The name, business address and phone number of the PWS owner, operator, or designee of the PWS as a source of additional information concerning the notice; and

j. A statement to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under § 1.16.6(E)(4)(c) of this Part, where applicable.

2. Elements that must be included in the public notice for a PWS operating under a variance or exemption

a. If a PWS has been granted a variance or an exemption, the public notice must contain:

(1) An explanation of the reasons for the variance or exemption;

(2) The date on which the variance or exemption was issued;

(3) A brief status report on the steps the PWS is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption; and

(4) A notice of any opportunity for public input in the review of the variance or exemption.

b. If a PWS violates the conditions of a variance or exemption, the public notice must contain the ten (10) elements listed in § 1.16.6(E)(1) of this Part.

3. Public notice presentation requirements:

a. Each public notice required by § 1.16.6 of this Part:

(1) Must be displayed in a conspicuous way when printed or posted;

(2) Must not contain overly technical language or very small print;

(3) Must not be formatted in a way that defeats the purpose of the notice;

(4) Must not contain language which nullifies the purpose of the notice.

b. Each public notice required by § 1.16.6 of this Part must comply with multilingual requirements, as follows:

(1) For a PWS serving a large proportion of non-English speaking consumers, as determined by the Director, the public notice must contain information in the appropriate language(s) regarding the importance of the notice or contain a telephone number or address where persons served may contact the PWS to obtain a translated copy of the notice or to request assistance in the appropriate language.

(2) In cases where the Director has not determined what constitutes a large proportion of non-English speaking consumers, the PWS must include in the public notice the same information as in § 1.16.6(E)(3)(b)((1)) of this Part, where appropriate to reach a large proportion of non- English-speaking persons served by the PWS.

4. PWSs are required to include the following standard language in their public notice:

a. Standard health effects language for MCL or MRDL violations, treatment technique violations, and violations of the condition of a variance or exemption. PWSs must include in each public notice the health effects language specified in § 1.16.8 of this Part corresponding to each MCL, MRDL, and treatment technique violation listed in § 1.16.7 of this Part, and for each violation of a condition of a variance or exemption.

b. Standard language for monitoring and testing procedure violations. PWSs must include the following language in their notice, including the language necessary to fill in the blanks, for all monitoring and testing procedure violations listed in § 1.16.7 of this Part to this subpart: We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During [compliance period], we “did not monitor or test” or “did not complete all monitoring or testing” for [contaminant(s)], and therefore cannot be sure of the quality of your drinking water during that time.

c. Standard language to encourage the distribution of the public notice to all persons served. PWSs must include in their notice the following language (where applicable): Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail.

d. A report that contains information regarding a Level 1 or Level 2 Assessment required under § 1.16.4 of this Part must include the applicable definitions:

(1) Level 1 Assessment: A Level 1 assessment is a study of the PWS to identify potential problems and determine (if possible) why total coliform bacteria have been found in our PWS.

(2) Level 2 Assessment: A Level 2 assessment is a very detailed study of the PWS to identify potential problems and determine (if possible) why an E. coli MCL violation has occurred and/or why total coliform bacteria have been found in our PWS on multiple occasions.

F. Notice to New Billing Units or New Customers

1. Community PWS must give a copy of the most recent public notice for any continuing violation, the existence of a variance or exemption, or other ongoing situations requiring a public notice to all new billing units or new customers prior to or at the time service begins.

2. Non-community PWS must continuously post the public notice in conspicuous locations in order to inform new consumers of any continuing violation, variance or exemption, or other situation requiring a public notice for as long as the violation, variance, exemption, or other situation persists.

G. Special Notice of the Availability of Unregulated Contaminant Monitoring Results

1. The owner or operator of a community PWS or non-transient, non-community PWS is required to monitor under 40 C.F.R. § 141.40. They must notify persons served by the PWS of the availability of the results of such sampling no later than twelve (12) months after the monitoring results are known.

2. The form and manner of the public notice must follow the requirements for a Tier 3 public notice prescribed in §§ 1.16.6(D)(3), (4)(a) and (4)(c) of this Part. The notice must also identify a person and provide the telephone number to contact for information on the monitoring results.

H. Special Notice for Exceedance of 2 mg/L Fluoride

1. Community PWS that exceed the fluoride secondary maximum contaminant level (SMCL) of 2 mg/L (determined by the last single sample taken in accordance with § 1.16.1 of this Part), but do not exceed the maximum contaminant level (MCL) of 4 mg/L for fluoride (as specified in § 1.16.1 of this Part), must provide the public notice in § 1.16.6(H)(3) of this Part to persons served. Public notice must be provided as soon as practical but no later than twelve (12) months from the day the PWS learns of the exceedance. A copy of the notice must also be sent to all new billing units and new customers at the time service begins, and to the Director. The PWS must repeat the notice at least annually for as long as the SMCL is exceeded. If the public notice is posted, the notice must remain in place for as long as the SMCL is exceeded, but in no case less than seven (7) days (even if the exceedance is eliminated). On a case-by-case basis, the Director may require an initial notice sooner than twelve (12) months and repeat notices more frequently than annually.

2. The form and manner of the public notice (including repeat notices) must follow the requirements for a Tier 3 public notice in §§ 1.16.6(D)(3), (4)(a) and (4)(c) of this Part.

3. The notice must contain the following language, including the language necessary to fill in the blanks: This is an alert about your drinking water and a cosmetic dental problem that might affect children under nine (9) years of age. At low levels, fluoride can help prevent cavities, but children drinking water containing more than 2 milligrams per liter (mg/L) of fluoride may develop cosmetic discoloration of their permanent teeth (dental fluorosis). The drinking water provided by your community water system [name] has a fluoride concentration of [insert value] mg/L. Dental fluorosis, in its moderate or severe forms, may result in a brown staining and/or pitting of the permanent teeth. This problem occurs only in developing teeth, before they erupt from the gums. Children under nine (9) should be provided with alternative sources of drinking water or water that has been treated to remove the fluoride to avoid the possibility of staining and pitting of their permanent teeth. You may also want to contact your dentist about proper use by young children of fluoride-containing products. Older children and adults may safely drink the water. Drinking water containing more than 4 mg/L of fluoride (the U.S. Environmental Protection Agency's drinking water standard) can increase your risk of developing bone disease. Your drinking water does not contain more than 4 mg/L of fluoride, but we're required to notify you when we discover that the fluoride levels in your drinking water exceed 2 mg/L because of this cosmetic dental problem. For more information, please call [name of PWS contact] of [name of community PWS] at [phone number]. Some home water treatment units are also available to remove fluoride from drinking water. To learn more about available home water treatment units, you may call NSF International at 1-877-8-NSF-HELP.”

I. Special Notice for Nitrate Exceedances Above MCL by Non-Community PWS, where Granted Permission by the Director under § 1.15.5 of this Part.

1. Special Notice: The owner or operator of a non-community PWS granted permission by the Director under § 1.15.5 of this Part, to exceed the nitrate MCL must provide notice to persons served according to the requirements for a Tier 1 notice under §§ 1.16.6(B)(1) and (2) of this Part.

2. Form and manner of the special notice: Non-community PWS granted permission by the Director to exceed the nitrate MCL under § 1.15.5 of this Part must provide continuous posting of the fact that nitrate levels exceed 10 mg/L and the potential health effects of exposure, according to the requirements for Tier 1 notice delivery under § 1.16.6(B)(2) and (3) of this Part, and the content requirements under § 1.16.6(E) of this Part.

J. Notice by Director on Behalf of the PWS

1. The Director may give the notice required by this subpart on behalf of the owner and operator of the PWS if the Director complies with the requirements of this subpart.

2. The owner or operator of the PWS remains responsible for ensuring that the requirements of this subpart are met.

K. The PWS, within ten (10) days of completing the public notification requirements under this part for the initial public notice and any repeat notices, must submit to the Director a certification that it has fully complied with the public notification regulations. The PWS 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 PWS and to the media. Copies of public notices issued pursuant to this Section and certifications made to the Director pursuant to this Section must be kept for three (3) years after issuance.

L. Special notice for repeated failure to conduct monitoring of the source water for Cryptosporidium and for failure to determine bin classification or mean Cryptosporidium level.

1. Special notice for repeated failure to monitor to be given: The owner or operator of a community or non-community PWS that is required to monitor source water under § 1.6.9(A) of this Part, must notify persons served by the PWS that monitoring has not been completed as specified no later than thirty (30) days after the PWS has failed to collect any three (3) months of monitoring as specified in § 1.6.9(A)(3) of this Part. The notice must be repeated as specified in § 1.16.6(C)(2) of this Part.

2. Special notice for failure to determine bin classification or mean Cryptosporidium level: The owner or operator of a community or non-community PWS that is required to determine a bin classification under § 1.6.9(K) of this Part, or to determine mean Cryptosporidium level under § 1.6.9(M) of this Part, must notify persons served by the PWS that the determination has not been made as required no later than thirty (30) days after the PWS has failed report the determination as specified in §§ 1.6.9(K)(5) or 1.5.9(M)(1) of this Part, respectively. The notice must be repeated as specified in § 1.16.6(C)(2) of this Part. The notice is not required if the PWS is complying with a Director-approved schedule to address the violation.

3. Form and manner of the special notice: The form and manner of the public notice must follow the requirements for a Tier 2 public notice prescribed in § 1.16.6(C) of this Part. The public notice must be presented as required in § 1.16.6(C) of this Part.

4. The notice must contain the following language, including the language necessary to fill in the blanks.

a. The special notice for repeated failure to conduct monitoring must contain the following language: We are required to monitor the source of your drinking water for Cryptosporidium. Results of the monitoring are to be used to determine whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We are required to complete this monitoring and make this determination by (required bin determination date). We “did not monitor or test'' or “did not complete all monitoring or testing'' on schedule and, therefore, we may not be able to determine by the required date what treatment modifications, if any, must be made to ensure adequate Cryptosporidium removal. Missing this deadline may, in turn, jeopardize our ability to have the required treatment modifications, if any, completed by the deadline required, (date). For more information, please call (name of PWS contact) of (name of PWS) at (phone number).

b. The special notice for failure to determine bin classification or mean Cryptosporidium level must contain the following language: We are required to monitor the source of your drinking water for Cryptosporidium in order to determine by (date) whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We have not made this determination by the required date. Our failure to do this may jeopardize our ability to have the required treatment modifications, if any, completed by the required deadline of (date). For more information, please call (name of PWS contact) of (name of PWS) at (phone number).

c. Each special notice must also include a description of what the PWS is doing to correct the violation and when the PWS expects to return to compliance or resolve the situation.

1.16.7 Appendix A to § 1.16.6 of this Part¹

A. Appendix A - Endnotes

1. Violations and other situations not listed in this table (e.g., some reporting violations and failure to prepare Consumer Confidence Reports), do not require notice, unless otherwise determined by the Director. The Director may, at their option, also require a more stringent public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead of Tier 3) for specific violations and situations listed in this Appendix, as authorized under §§ 1.16.6(C)(1) and (D)(1) of this Part.

2. MCL - Maximum contaminant level, MRDL - Maximum residual disinfectant level, TT - Treatment technique.

3. The term Violations of National Primary Drinking Water Regulations (NPDWR) is used here to include violations of MCL, MRDL, treatment technique, monitoring, and testing procedure requirements.

4. Failure to test for fecal coliform or E. Coli is a Tier 1 violation if testing is not done after any repeat sample tests positive for coliform. All other total coliform monitoring and testing procedure violations are Tier 3.

5. PWSs that violate the turbidity MCL of 5 NTU based on an average of measurements over two (2) consecutive days must consult with the Director within 24 hours after learning of the violation. Based on this consultation, the Director may subsequently decide to elevate the violation to Tier 1. If a PWS is unable to make contact with the Director in the 24-hour period, the violation is automatically elevated to Tier 1.

6. PWSs with treatment technique violations involving a single exceedance of a maximum turbidity limit under the Surface Water Treatment Rule (SWTR), the Interim Enhanced Surface Water Treatment Rule (IESWTR), or the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR) are required to consult with the Director within 24 hours after learning of the violation. Based on this consultation, the Director may subsequently decide to elevate the violation to Tier 1. If a PWS is unable to make contact with the Director in the 24-hour period, the violation is automatically elevated to Tier 1.

7. Most of the requirements of the Interim Enhanced Surface Water Treatment Rule (63 FR 69477) (Sections 141.170-141.171, 141.173-141.174) become effective January 1, 2002 for § 1.6 PWSs (surface water systems and groundwater systems under the direct influence of surface water) serving at least 10,000 persons. However, Section 141.172 has some requirements that become effective as early as April 16, 1999. The Surface Water Treatment Rule remains in effect for PWSs serving at least 10,000 persons even after 2002; the Interim Enhanced Surface Water Treatment Rule adds additional requirements and does not in many cases supersede the SWTR.

8. The arsenic MCL citations are effective January 23, 2006. Until then, refer to §§ 1.16.1(J)(4) and (A) of this Part.

9. The uranium MCL Tier 2 violation citations are effective December 8, 2003 for all community PWS.

10. The uranium MCL Tier 3 violation citations are effective December 8, 2003 for all community PWS.

11. The arsenic Tier 3 violation MCL citations are effective January 23, 2006. Until then, refer to §§ 1.16.1(A) and (J) of this Part.

12. Failure to take a confirmation sample within 24 hours for nitrate or nitrite after an initial sample exceeds the MCL is a Tier 1 violation. Other monitoring violations for nitrate are Tier 3.

13. § 1.6 community and non-transient, non-community PWSs serving ? 10,000 must comply with new DBP MCLs, disinfectant MRDLs, and related monitoring requirements beginning January 1, 2002. All other community and non-transient non-community PWSs must meet the MCLs and MRDLs beginning January 1, 2004. § 1.6 transient non-community PWSs 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. § 1.6 transient non-community PWSs serving fewer than 10,000 persons and using only groundwater 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.

14. §§ 1.8.5(A) through (B) of this Part apply until the requirements of § 1.8.10 take effect under the schedule in § 1.8.10(A) of this Part.

15. Failure to monitor for chlorine dioxide at the entrance to the distribution system the day after exceeding the MRDL at the entrance to the distribution system is a Tier 2 violation.

16. If any daily sample taken at the entrance to the distribution system exceeds the MRDL for chlorine dioxide and one (1) or more samples taken in the distribution system the next day exceed the MRDL, Tier 1 notification is required. Failure to take the required samples in the distribution system after the MRDL is exceeded at the entry point also triggers Tier 1 notification.

17. Some PWS must monitor for certain unregulated contaminants listed in 40 C.F.R. 141.40.

18. This citation refers to 42 U.S.C. §§ 1415 and 1416, this requires that “a schedule prescribed for a PWS granted a variance [or exemption] shall require compliance by the system...”

19. 40 C.F.R. 142.307 specifies the items and schedule milestones that must be included in a variance for small systems.

20. Other waterborne emergencies require a Tier 1 public notice under § 1.16.6(B)(1) of this Part for situations that do not meet the definition of a waterborne disease outbreak given in Section 1 but that still have the potential to have serious adverse effects on health as a result of short-term exposure. These could include outbreaks not related to treatment deficiencies, as well as situations that have the potential to cause outbreaks, such as failures or significant interruption in water treatment processes, natural disasters that disrupt the water supply or distribution system, chemical spills, or unexpected loading of possible pathogens into the source water.

21. The Director may place other situations in any tier they believe appropriate, based on threat to public health.

22. Failure to collect three or more samples for Cryptosporidium analysis is a Tier 2 violation requiring special notice as specified in § 1.16.6(L) of this Part. All other monitoring and testing procedure violations are Tier 3.

1.16.8 Appendix B to § 1.16.6 of this Part