Public Drinking Water

A.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, and pursuant to R.I. Gen. Laws §§ 46-32-3 and 46-32-4.

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, the Volatile Organic Chemicals listed in § 1.16.2(B) of this Part, and the Per- and Polyfluoroalkyl Substances (PFAS) in § 1.16.2(E) 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 (ninety-four (94) pounds or one (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 one percent (1%) of bentonite added, 0.65 gallons of water per bag of cement (ninety-four (94) pounds or one (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 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 incorporated by reference in § 1.24(A) of this Part, where applicable. Exceptions from this requirement may be granted by the Director.

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 that are deemed applicable by the Director.

1.6.1General 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.

1.6.2Criteria 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.

1.6.3Disinfection

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:

Where:

a = Number of instances where the residual disinfectant concentration is measured;

b = Number of instances where the residual disinfectant concentration is not measured but the heterotrophic bacteria plate count (HPC) is measured;

c = Number of instances where the residual disinfectant concentration is measured but not detected and no HPC is measured;

d = Number of instances where the residual disinfectant concentration is measured but not detected and where the HPC is >500/ml; and

e = Number of instances where the residual disinfectant concentration is not measured and HPC is >500/ml.

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.

1.6.4Filtration

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 95^th percentile turbidity value (not to exceed one (1) NTU) and the maximum turbidity value (not to exceed five (5) NTU) based on the demonstration.

1.6.5Analytical 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.

1.6.6Monitoring 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.

1.6.7Monitoring 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.

1.6.8Reporting 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 These values are for pH values of 6 to 9. These CT values may be assumed to achieve greater than 99.99 percent inactivation of viruses only if chlorine is added and mixed in the water prior to the addition of ammonia. If this condition is not met, the system must demonstrate, based on on-site studies or other information, as approved by the State, that the system is achieving at least 99.99 percent inactivation of viruses. CT values between the indicated temperatures may be determined by linear interpolation. If no interpolation is used, use the CT99.9 value at the lower temperature for determining CT99.9 values between indicated temperatures.

1.6.9Enhanced 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 (S (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 (S (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.

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:

LRV = LOG₁₀(C_f)-LOG₁₀(C_p)

Where:

LRV = Log removal value demonstrated during challenge testing;

C_f = The feed concentration measured during the challenge test; and

C_p = The filtrate concentration measured during the challenge test.

(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:

LRV = LOG₁₀(C_f) - LOG₁₀(C_p)

Where:

LRV = Log removal value demonstrated during challenge test;

C_f = The feed concentration measured during the challenge test; and

C_p = The filtrate concentration measured during the challenge test.

(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:

LRV_DIT = LOG₁₀ (Q_p/(VCF x Q_breach))

Where:

LRV_DIT = The sensitivity of the direct integrity test;

Q_p = Total design filtrate flow from the membrane unit;

Q_breach = Flow of water from an integrity breach associated with the smallest integrity test response that can be reliably measured, and

VCF = Volumetric concentration factor.

The volumetric concentration factor is the ratio of the suspended solids concentration on the high-pressure side of the membrane relative to that in the feed water.

(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:

LRV_DIT = LOG₁₀(C_f)-LOG₁₀(C_p)

Where:

LRV_DIT = The sensitivity of the direct integrity test;

C_f = The typical feed concentration of the marker used in the test; and

C_p = The filtrate concentration of the marker from an integral membrane unit.

(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.

1.6.10Algal Toxins

A.Maximum Contaminant Levels (MCLs) for Algal Toxins

1.Microcystin: 0.3 micrograms per liter (µg/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 µg/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 µg/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 µg/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.