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Delaware General AssemblyDelaware RegulationsAdministrative CodeTitle 16Department of Health and Social ServicesDivision of Public HealthHealth Systems Protection (HSP)

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1.0 General Provisions

1.1 "Application": These regulations shall apply to all public water systems in the State of Delaware.

1.2 “Variance”: Variances will not be issued under these regulations.

1.3 "Exemption”: Exemptions will not be issued under these regulations.

1.4-1.5 Missing section numbers are reserved.

1.6 Right of Entry: The Director of the Division or his/her designee shall have the right of entry, during reasonable hours and in a reasonable manner and without fee or hindrance, for the purpose of conducting a sanitary survey and/or sampling of any public water supply and all water furnished by any public water supplier, whether or not the Division has evidence that the system is in violation of an applicable legal requirement.

1.7 Prohibiting Water Usage: The Division may prohibit the use of sources of water which after treatment do not provide water conforming to the standards established by these Regulations or which for any reason may pose a threat to the public's health.

1.8 Separability: If any provision of these Regulations is held invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provision.

1.9 Enforcement of Regulations:

1.9.1 All PWSs must be operated in compliance with the requirements as set forth in these Regulations.

1.9.1.1 Notice: Whenever the Director of the Division, or his/her appointed representative, has reason to believe that a violation of any of these Regulations has occurred or is occurring; the Division shall notify the alleged violator. Such notice shall be in writing, may be sent by Certified Mail, or hand delivered, shall cite the Regulation or Regulations that are allegedly being violated, and shall state the facts which form the basis for believing that the violation has occurred or is occurring.

1.9.1.2 Orders: Notice of a violation may be accompanied by an order that requires that certain corrective action be taken. The order shall be signed by the Director or his/her designee or any of his/her appointed representatives and may require:

1.9.1.2.1 The immediate cessation or correction of the violation.

1.9.1.2.2 The acquisition or use of additional equipment, supplies or personnel to insure that the violation does not recur.

1.9.1.2.3 The submission of a plan to prevent future violations to the Division for review and approval.

1.9.1.2.4 Any other corrective action deemed necessary for proper compliance with the Regulations including interim remedies pending correction of violations.

1.9.1.3 Hearing Request: Any supplier of water who receives an order from the Division may submit a request for a hearing to the Secretary, Delaware Health and Social Services to contest the order.

1.9.1.4 Compliance with Effective Orders: Should any public water supplier fail to comply with any of these Regulations, the Secretary, Delaware Health and Social Services may apply to an appropriate court for an injunction or other legal process to prevent or stop any practice which is in violation of these regulations.

1.9.1.5 Penalties: The Secretary, Delaware Health and Social Services shall have the authority to impose an administrative penalty upon any public water system that refuses, fails or neglects to perform the duties required of it pursuant to Title 16, Chapter 1, §122(3)(C). The administrative penalty shall be as follows:

1.9.5.1.1 For systems serving a population of more than 10,000 people, not less than $1,000 nor more than $10,000 per day per violation; and

1.9.5.1.2 For any other system, the administrative penalty shall be not less than $100 or more than $10,000 per day per violation.

1.10 Emergency Orders: The Director of the Division or his/her appointed representative may issue emergency orders in any case where there is an imminent danger to the health of the public resulting from the operation of any waterworks or the source of a water supply. An emergency order may be communicated by the best practical notice under the circumstances, and is effective immediately upon receipt. The order may state any requirements necessary to remove the danger to the health of the public, including the immediate cessation of the operation of the PWS. Emergency orders shall be effective for a period not exceeding sixty (60) days at the determination of the Director of the Division or his/her representative. Should any public water supplier fail to comply with an emergency order, the Secretary, Delaware Health and Social Services may apply to an appropriate court for an injunction or other legal process to prevent or stop any practice which is in violation of these Regulations.

1.11 Plans and Specifications:

1.11.1 No person shall construct a new PWS or alter an existing PWS without a Certificate of Approval for Construction.

1.11.1.1 Systems shall submit two (2) copies of plans and specifications. Plans shall be developed using Construction Plans and Specifications Submittal and Review Guidelines, (Copies are available from the Office of Drinking Water), utilizing the latest edition of Ten States Standards, NSF Standards, AWWA Standards, or approved equivalent and other technical information as required by the Division.

1.11.1.2 Construction shall be in accordance with the approved plans and all conditions listed in the Certificate of Approval to Construct.

1.11.1.3 Whenever it is discovered that either of the above are occurring without such approval, the Director of the Division may order the owner, supplier of water or contractor to immediately stop the work and submit plans and specifications to the Division. After the submittal, any part of the system that has already been installed and is not in compliance shall be removed, altered or replaced in order to achieve compliance.

1.11.1.4 Plans and specifications shall be on paper no larger than 30" x 42". Within thirty (30) days of receipt of plans and specifications, the Division shall notify the person who submitted the plans and specifications if they have been approved or disapproved. Such notice shall specify any conditions of approval or any reasons for disapproval. Approvals are valid for one (1) year and construction shall begin within that time. All construction shall be in accordance with the approved plans and all conditions listed in the Certificate of Approval.

1.11.2 Effective October 1, 1999, all new community and non-transient non-community systems must comply with subsection 1.11.1, and, in addition, submit an Application for Capacity Development review. The application is available from the Office of Drinking Water.

1.12 Approval of Water Supplies:

1.12.1 No person shall operate a newly constructed public water system or renovated portion of an existing water system without a Certificate of Approval to Operate. A Certificate of Approval to Operate shall be issued by the Division to water systems which meet the following requirements:

1.12.1.1 Compliance with rules and regulations to prevent development of health hazards;

1.12.1.2 Adequate protection of the water quality throughout all parts of the system, as demonstrated by sanitary surveys;

1.12.1.3 Proper operation of the water supply system under the responsible charge of personnel whose qualifications meet the certification requirements of the Division;

1.12.1.4 Adequate capacity to meet anticipated peak demands while maintaining not less than twenty-five (25) pounds per square inch (psi) and not more than one hundred (100) psi at ground level at all points in the water distribution system and;

1.12.1.5 Records of laboratory examinations showing compliance with the water quality requirements of these Regulations.

1.12.1.5.1 Submission of as-built plans per the Construction Plans and Specifications Submittal and Review Guidelines, copies available from the Office of Drinking Water.

1.12.2 Effective October 1, 1999, in addition to the requirements in subsection 1.12.1, approval of new community and non-transient non-community water systems shall be dependent upon the following:

1.12.2.1 A certification by a professional engineer that the system was built in accordance with approved plans and specifications and all conditions of the Certificate of Approval to Construct and.

1.12.2.2 Managerial and financial information as required by the Division to demonstrate compliance with Capacity as defined in subsection 1.1. This information may include, but not be limited to; annual reports, water system plans or business plans, self-assessments/peer reviews, criteria used by lenders, financial viability assessment methods, financial and managerial training.

1.12.2.3 Failure to comply with 1.12.2.1 and 1.12.2.2 shall result in the Division denying the application for a Certificate of Approval to Operate. A new water system shall not commence operations without a Certificate of Approval to Operate.

1.13 Siting Requirements:

1.13.1 Before any person may enter into a financial commitment for or initiate construction of a new PWS or increase the capacity of an existing PWS, he shall notify the Division and, to the extent practicable, avoid locating part or all of the new or expanded facility at a site which:

1.13.1.1 Is subject to a significant risk from earthquakes, floods, fires or other disasters which could cause a breakdown of the PWS or a portion thereof or;

1.13.1.2 Except for intake structures, is within the floodplain of a one hundred (100) year flood or is lower than any recorded high tide where appropriate records exist.

1.14 Approved Laboratory:

1.14.1 For the purpose of determining compliance with subsection 1.12.1.5 and Sections 7.0, 8.0, 9.0, 10.0, 13.0, 15.0, 16.0, 17.0, 18.0, and 21.0 samples may be considered only if they have been analyzed by the Division, EPA, or an approved laboratory, except that measurements for alkalinity, calcium, conductivity, disinfectant residual, orthophosphate, silica, turbidity, free chlorine residual, temperature and pH may be performed by any person acceptable to the Division.

1.14.2 Laboratory Certification Process: Continuation of laboratory certification for conducting drinking water analyses is contingent upon successful, on-going compliance with the most recent edition of the “Manual for the Certification of Laboratories Analyzing Drinking Water.” Copies are available from the Office of Drinking Water.

1.14.3 Annual laboratory proficiency testing:

1.14.3.1 In order to demonstrate proficiency a laboratory shall successfully analyze a proficiency test (PT) from an approved provider annually using the same analytical method that is used to report compliance-monitoring results. In order to receive and maintain certification for an analyte, the laboratory shall successfully analyze PT samples using EPA-approved methods in accordance with 40CFR 141, copies are available from the Office of Drinking Water, for each analyte (microbiological and/or chemical) and by each method used to analyze compliance samples.

1.14.3.2 In order to receive annual certification, laboratories located in Delaware, shall complete a PT in the first quarter of the calendar year. Failure to complete the PT within the first quarter will result in the laboratory status being downgraded to “provisional”. If a laboratory fails to get an acceptable result on a PT then they shall complete a make-up PT for those analytes that were unacceptable in the original PT within 60 days of the notification by the Division. Failure to successfully complete the make-up PT will result in the laboratories status being downgraded to “not certified.”

1.14.3.3 In order for the Division to accept compliance results from laboratories located outside of Delaware, the laboratory must comply with the requirements of their home state. In addition, they must submit copies of their home state certification, copies of the last two PTs and a copy of their Quality Assurance program prior to or at the time that compliance samples are submitted to the Division.

1.14.3.4 Annual certified analyte lists for in-state laboratories will be issued on July 1 of each year and expire on June 30 of the following year.

1.14.4 Reporting by laboratories: Laboratories that analyze compliance samples for public water systems in Delaware must report the results to the public water system in a timely manner and if a MCL or Action Level (AL) exceedance occurs then the Office of Drinking Water must be notified in accordance with the following:

1.14.4.1 Microbiological samples: If the original sample or one or more repeat samples are positive for fecal coliforms or E. coli, the laboratory must report the results by the end of the business day, or if it is after business hours, then by then end of the next business day

1.14.4.2 Chemical samples: If a sample exceeds a MCL or AL as specified in these regulations the laboratory must report the results by the end of the business day, or if it is after business hours, then by the end of the next business day.

1.14.5 Notification of major changes: Certified laboratories must notify the Division, in writing, within 30 days of major changes in personnel that impact who is conducting the analysis, new equipment, new methods being used, or laboratory re-location.

1.14.6 Chain of Custody: Chain of custody forms must accompany all samples. If an intermediate location is utilized during transportation to the laboratory then the sample(s) must be stored in a locked refrigerator or sealed with a tamper-evident label.

1.15 Quality. Drinking water shall not contain impurities in concentrations which may be hazardous to the health of the consumers. Substances used in its treatment shall not remain in the water in concentrations greater than required by good practice. Substances which may have deleterious physiological effects, or for which physiological effects are not known, shall not be introduced into the system in a manner which would permit them to reach the consumer. For the purpose of these regulations interim health-based standards shall be set by the Division on a case-by-case basis at a level between 10-4 to 10-6 risk level for those contaminants that are potential carcinogens and a Hazard Quotient of 1 to 10 for non-cancer health effects based on the best available science at the time. These standards shall be enforceable. For the purpose of these regulations Hazard Quotient shall mean expressions applied to modeled human health risk values associated with exposures to systemic, non-cancer causing contaminants.

1.16 Required Sampling, Monitoring or Analyses:

1.16.1 In any case where the Division does not perform sampling, monitoring or analyses required by these Regulations, the supplier of water shall be responsible for performing this sampling, monitoring or analyses.

1.16.2 Monitoring of consecutive public water systems: When a public water system supplies water to one or more other public water systems, the Division may modify the monitoring requirements imposed by these regulations to the extent that the interconnection of the systems justifies treating them as a single system for monitoring purposes. Any modified monitoring shall be conducted pursuant to a schedule specified by the Division and concurred with by the Administrator of the US Environmental Protection Agency.

1.17 Use of Bottled Water. Public water systems shall not use bottled water to achieve compliance with a MCL. Bottled water may be used on a temporary basis to avoid unreasonable risk to health.

1.18 Regulatory Classification:

1.18.1 All public water systems shall:

1.18.1.1 Meet all bacteriological requirements;

1.18.1.2 Meet the nitrate and nitrite requirements and;

1.18.1.3 Conform to provisions of Section 7.0.

1.18.2 All community and non-transient non-community public water systems as defined in Section 2.0 shall:

1.18.2.1 Meet all the requirements of subsection 1.18.1 and;

1.18.2.2 Meet all other Primary Standards and;

1.18.2.3 Meet all requirements of Sections 10.0, 11.0, 12.0, 13.0, 14.0, 15.0, 16.0 (community water systems only), 17.0, 18.0, 19.0, 20.0 and 21.0.

1.18.3 All community public water systems as defined in Section 2.0 and that serve more than 500 service connections within the state shall:

1.18.3.1 Meet all requirements of subsection 1.18.1 and;

1.18.3.2 Meet all requirements of subsection 1.18.2 and;

1.18.3.3 Meet all other primary and secondary standards.

1.19 Disinfection

1.19.1 When it is specifically required by these regulations, or when it is deemed to be required to ensure compliance with Section 3.0 or where it is demonstrated through bacteriological testing that there is a need for disinfection, continuous disinfection shall be provided. The disinfection shall be chlorine, unless a substitute is approved prior to installation. Plans and specifications for the disinfection system shall be approved in accordance with subsection 1.11. When the disinfection is instituted, it shall be operated such that a free chlorine residual of at least 0.3 mg/L is maintained throughout the water distribution system. The supplier of water shall keep accurate records of the amount of chlorine used and shall have an approved test kit for measuring both free and total chlorine residuals. The supplier of water shall be required to conduct chlorine residual testing at least daily unless a lesser frequency is approved in writing by the Division, and shall report these results to the Division on a monthly basis in accordance with subsection 4.1.1. If a substitute disinfectant is approved, the operational and monitoring requirements shall be specified by the Division.

1.19.2 Public water systems must measure residual disinfectant concentrations with one of the analytical methods in the following table. Except for the method for ozone residuals, the disinfectant residual methods are contained in the 18th, 19th, and 20th editions of Standard Methods for the Examination of Water and Wastewater, 1992, 1995, and 1998 respectively; the cited methods published in any of these three editions may be used. The ozone method, 45400-O3 B, is contained in both the 18th and 19th editions of Standard Methods for the Examination of Water and Wastewater, 1992, 1995 respectively; either edition may be used. If approved by the Division, residual concentrations for free chlorine and combined chlorine also may be measured by using DPD colorimetric test kits. Free and total chlorine residuals may be measured continuously by adapting a specified chlorine residual method for use with a continuous monitoring instrument provided the chemistry, accuracy, and precision remain the same. Instruments used for continuous monitoring must be calibrated with a grab sample measurement at least every five days, or with a protocol approved by the Division.

1.19.3 Maximum Residual Disinfection Levels (MRDLs):

1.19.3.1 Maximum residual disinfection levels are as follows:

1.19.3.3 The Administrator, U.S. Environmental Protection Agency, pursuant to section 1412 of the Safe Drinking Water Act, hereby identifies the following as the best technology, treatment techniques, or other means available for achieving compliance with the maximum residual disinfectant levels identified in subsection 1.19.3.1: control of treatment processes to reduce disinfectant demand; and control of disinfection treatment processes to reduce disinfectant levels.

1.20 Compliance dates:

1.20.1 CWSs and NTNCWSs. Surface water or ground water under the direct influence of surface water systems serving 10,000 or more persons must comply with Section 21.0 beginning December 16, 2001. Surface water or ground water under the direct influence of surface water systems serving fewer than 10,000 persons and systems using only ground water not under the direct influence of surface water must comply with Section 20.0 beginning December 16, 2003.

1.20.2 Transient NCWSs. Surface water or ground water under the direct influence of surface water systems serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning December 16, 2001. Surface water or ground water under the direct influence of surface water systems serving fewer than 10,000 persons and using chlorine dioxide as a disinfectant or oxidant and systems using only ground water not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning December 16, 2003.

20 DE Reg. 555 (01/01/17)

 

2.0 Definitions

The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise:

"Action Level" means the concentration of lead or copper in water specified in subsections 10.1.1.1 and 10.1.1.2 which determines, in some cases, the treatment requirements contained in Section 10.0 that a water system is required to complete.

"Alpha Particle" means a particle identical with a helium nucleus, emitted from the nucleus of a radioactive element.

"Approved" means approved by the Division.

Bag Filters” means pressure-driven separation devices that remove particulate matter larger than 1 (one) 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 the outside.

Bank Filtration” means a water treatment process that uses a well to recover surface water that has naturally infiltrated into ground water through a river bed or bank(s). Infiltration is typically enhanced by the hydraulic gradient imposed by a nearby pumping water supply or other well(s).

"Best Available Technology (BAT)" means the best technology, treatment techniques, or other means which the Division finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration). For the purposes of setting maximum contaminant levels for synthetic organic chemicals, any BAT must be at least as effective as granular activated carbon.

"Beta Particle" means a particle identical with an electron, emitted from the nucleus of a radioactive element.

Capacity” means the overall capability of a water system to reliably produce and deliver water meeting all national primary drinking water regulations. Capacity encompasses the technical, managerial, and financial capabilities that will enable a water system to plan for, achieve, and maintain compliance with applicable drinking water standards.

Cartridge Filters” mean pressure-driven separation devices that remove particulate matter larger than 1 (one) 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.

Clean Compliance History” means a record of no MCL violations under subsection 7.2; no monitoring violations under subsections 7.1 or 7.4; and no coliform treatment technique trigger exceedances or treatment technique violations under subsection 7.4.

"Coagulation" means a process using coagulant chemicals and mixing by which colloidal and suspended materials are de-stabilized and agglomerated into flocs.

"Coliform Group" means all organisms considered in the coliform group as set forth in the current edition of Standard Methods for the Examination of Water and Waste Water prepared and published jointly by the American Public Health Association, American Water Works Association and Water Pollution Control Federation.

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.

"Compliance Cycle" means the nine-year calendar year cycle during which public water systems must monitor. Each compliance cycle consists of three 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.

"Compliance Period" means a three-year calendar year period within a compliance cycle. Each compliance cycle has three 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.

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. 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.

"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.

"Consecutive Water Supply" 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. This part shall apply to each public water system, unless the public water system meets all of the following conditions: a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities); b) Obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply; c) Does not sell water to any person; and, d) Is not a carrier which conveys passengers in interstate commerce. The Division may opt to accept a consecutive supply as a single system for monitoring purposes.

"Contaminant" means any physical, chemical, biological or radiological substance or matter in water.

"Conventional Filtration Treatment" means a series of processes including coagulation, flocculation, sedimentation and filtration resulting in substantial particulate removal.

"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.

"CT or CTcalc" means the product of the residual disinfectant concentration (C) in milligrams per liter (mg/L) determined before or at the first customer, and the corresponding disinfectant contact time (T) in minutes, i.e. "C" X "T". If a public water system applies disinfectants at more than one (1) point prior to the first customer, it must determine the CT of each disinfectant sequence before or at the first customer to determine the total percent inactivation or total inactivation ratio. In determining the total inactivation ratio, the public water system must determine the residual disinfectant concentration of each disinfection sequence and corresponding contact time before any subsequent disinfection application point(s). CT99.9 is the CT value required for 99.9 percent (3-log) inactivation of Giardia lamblia cysts. The inactivation ratio is the CTcalc divided by the CT99.9 and the total inactivation ratio is the sum of the inactivation ratios 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.

"Diatomaceous Earth Filtration" means a process resulting in substantial particulate removal in which a precoat cake of diatomaceous earth filter media is deposited on a support membrane (septum), and 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.

"Direct Filtration" means a series of processes including coagulation and filtration but excluding sedimentation resulting in substantial particulate removal.

"Direct Responsible Charge" means accountability for and performance of active, daily, on-site operational duties.

"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 pathogens (disease causing organisms).

"Disinfectant Contact Time (T)" 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. Where only one (1) "C" is measured, "T" is the time in minutes that it takes for water to move from the point of disinfectant application to a point before or at where residual disinfectant concentration (C) is measured. Where more than one (1) "C" is measured, "T" is for the first measurement of "C", the time in minutes that it takes for water to move from the first or only point of disinfectant application to a point before or at the point where the first "C" is measured and for subsequent measurements of "C", the time in minutes that it takes for water to move from the previous "C" measurement point to the "C" measurement point for which the particular "T" is being calculated. 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.

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

Disinfection Profile” means a summary of daily Giardia lamblia inactivation through the treatment plant. The procedure for developing a disinfection profile is contained in subsection 10.8 and in 40 CFR subparts P and T (Copies are available from the Office of Drinking Water).

"Division" means the Division of Public Health of the Department of Health and Social Services established by Title 29, Section 7904 (a), Delaware Code.

"Domestic or Other Non-Distribution System Plumbing Problem" means a coliform contamination problem in a public water system with more than one (1) service connection that is limited to the specific service connection from which the coliform positive sample was taken.

"Dose Equivalent" means the product of the absorbed dose from ionizing radiation and such factors as account for differences and 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.

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 analyzed for HAA5. Dual sample sets are collected for the purposes of conducting an Initial Distribution System Evaluation (IDSE) under Section 13.0 and determining compliance with the TTHM and HAA5 MCLs under subsection 9.2.1.2.

"Dwelling Unit" means one or more rooms arranged for the use of one or more individuals as a single housekeeping unit with cooking, living, sanitary and sleeping facilities.

"Effective Corrosion Inhibitor Residual" means a concentration sufficient to form a passivating film on the interior walls of a pipe.

"Emergency Situation" means a condition in which the specific provisions of these Regulations cannot be met for a temporary period and which necessitates immediate action because of the potential danger to public health.

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

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

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.

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

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).

"First Draw Sample" means a one (1) liter sample of tap water, collected in accordance with subsection 10.7.2.2, that has been standing in plumbing pipes at least six (6) hours and is collected without flushing the tap.

"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.

Flowing Stream” means a course of running water flowing in a definite channel.

GAC10” means granular activated carbon filter beds with an empty-bed contact time of 10 minutes based on average daily flow and a carbon reactivation frequency of every 180 days, except that the reactivation frequency for GAC10 used as a best available technology for compliance with MCLs under subsection 9.2.1.2 shall be 120 days.

GAC20” means granular activated carbon filter beds with an empty-bed contact time of 20 minutes based on average daily flow and carbon reactivation frequency of every 240 days.

"Gross Alpha Particle Activity" means the total radioactivity due to alpha particle emission as inferred from measurements on a dry sample.

"Gross Beta Particle Activity" means the total radioactivity due to beta particle emission as inferred from measurements on a dry sample.

"Ground Water Under the Direct Influence of Surface Water" or “GUDI” means any water beneath the surface of the ground with significant occurrence of insects or other macroorganisms, algae, or large diameter pathogens such as Giardia lamblia or Cryptosporidium, or significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions. Direct influence must be determined for individual sources in accordance with criteria established by the Division. The Division 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.

Haloacetic Acids (five)” or “HAA5” mean the sum of the concentrations in milligrams per liter of the haloacetic acid compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, and dibromoacetic acid), rounded to two significant figures after addition.

"Halogen" means one of the chemical elements chlorine, bromine or iodine.

Health Advisory” or “HA” means an estimate of acceptable drinking water levels for a chemical substance based on health effects information; a Health Advisory is not a legally enforceable Federal standard, but serves as technical guidance to assist Federal, State and local officials.

One-Day HA: The concentration of a chemical in drinking water that is not expected to cause any adverse noncarcinogenic effects for up to one day of exposure. The One-Day HA is normally designed to protect a 10-kg child consuming 1 liter of water per day.

Ten-Day HA: The concentration of a chemical in drinking water that is not expected to cause any adverse noncarcinogenic effects for up to ten days of exposure. The Ten-Day HA is also normally designed to protect a 10-kg child consuming 1 liter of water per day.

Lifetime HA: The concentration of a chemical in drinking water that is not expected to cause any adverse noncarcinogenic effects for a lifetime of exposure. The Lifetime HA is based on exposure of a 70-kg adult consuming 2 liters of water per day. The Lifetime HA for Group C carcinogens includes an adjustment for possible carcinogenicity.

"Health Hazard" means any condition, device or practice in the water supply system or its operation which creates, or may create, a danger to the health and well-being of the water consumer.

"Initial Compliance Period" means the first full three-year compliance period which begins at least 18 months after promulgation, except for the following contaminants: 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; Hexachlorobenzene; Hexachlorocyclopentadiene; Oxamyl (Vydate); Picloram; Simazine; 2,3,7,8-TCDD (Dioxin); Antimony; Beryllium; Cyanide; Nickel; and Thallium, initial compliance period means the first full three-year compliance period after promulgation for systems with 150 or more service connections (January 1993 -December 1995) and first full three-year compliance period after the effective date of regulation (January 1996 - December 1998) for systems having fewer than 150 service connections.

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.

"Large Water System" means a water system that serves more than 50,000 persons.

"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.

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

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 ground water system is disinfected); existing water quality data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with the Division directives that tailor specific assessment elements with respect to size and type of the system and the size, type, and characteristics of the distribution system.

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 Division, which may include the system operator. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., whether a ground water system is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with and Division directives that tailor specific assessment elements with respect to the size and type of system and the size, type, and characteristics of the distribution system. The system must comply with any expedited actions or additional actions required by the Division in the case of an E. coli MCL violation.

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.

"Man-Made Beta Particle and Photon Emitters" means all radionuclides emitting beta particles and/or photons listed in Maximum Permissible Body Burdens and Maximum Permissible 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.

"Maximum Contaminant Level” or “MCL" means the maximum permissible level of a contaminant in water which is delivered to any user of a public water system.

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 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 addition of a disinfectant is necessary for control of waterborne microbial contaminants. Notwithstanding the MRDLs listed in 40 CFR section 141.65 (Copies available from the Office of Drinking Water), 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.

Maximum Residual Disinfection 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.

"Maximum Total Trihalomethane Potential” or “MTP" means the maximum concentrations of total trihalomethanes produced in a given water containing a disinfectant residual after seven days at a temperature of 25oC or above.

Membrane Filtration” means a pressure or vacuum driven separation process in which particulate matter larger than 1 (one) 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.

"Medium Size Water System" means a water system that serves greater than 3,300 and less than or equal to 50,000 persons.

"Minor Monitoring Violation" means the failure of a public water system to collect all required water samples or the failure to follow the prescribed sampling procedure within the prescribed time frame.

"Near the First Service Connection" means at one (1) of the twenty (20) percent of all service connections in the entire system that are nearest the water supply treatment facility, as measured by water transport time within the distribution system.

"Optimal Corrosion Control Treatment" 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 national primary drinking water regulations.

"Person" means any corporation, company, association, firm, municipally owned water utility, partnership, society and joint stock company, as well as any individual.

"Picocurie” or “pCi" means the quantity of radioactive material producing 2.22 nuclear transformations per minute.

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 a treatment plant.

"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.

"Point of Entry Treatment Device" 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.

"Point of Use Treatment Device" means a treatment device applied to a single tap used for the purpose of reducing contaminants in the drinking water at that one (1) tap.

"Pollution" means the presence of anything in water which tends to degrade its quality so as to constitute a health hazard or impair the usefulness of the water.

"Potable Water" means water which is in compliance with all of the required drinking water standards specified in these Regulations, and is acceptable for human consumption.

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.

"Primary Maximum Contaminant Level” or “PMCL" means an MCL which involves a biological, chemical or physical characteristic of drinking water that may adversely affect the health of the consumer. This includes the MCLs for: coliform bacteria (includes total coliform and E. coli; antimony; arsenic; asbestos; barium; beryllium; cadmium; chromium; cyanide; fluoride; lead; mercury; nickel; nitrates; nitrites; total nitrate/nitrite selenium; thallium; turbidity; alachlor; atrazine; benzo(a)pyrene; carbofuran; chlordane; dalapon; di(2-ethylhexyl) adipate; di(2-ethylhexyl) phthalate; dibromochloropropane; dinoseb; diquat; 2,4-D; endothall; endrin; ethylenedibromide (EDB); glyphosate; heptachlor; heptachlor epoxide; hexachlorobenzene; hexachlorocyclopentadiene; lindane; methoxychlor; oxamyl (vydate); pentachlorophenol; picloram; polychlorinated biphenyls (PCBs); simazine; 2,3,7,8-TCDD (Dioxin); toxaphene; 2,4,5-TP silvex; total trihalomethanes; benzene; carbon tetrachloride; o-dichlorobenzene; p-dichlorobenzene; 1,2-dichloroethane, 1,1-dichloroetylene; cis-1,2-dichloroethylene; trans-1,2-dichloroethylene; dichloromethane; 1,2-dichlorpropane; ethylbenzene; monochlorobenzene; styrene; tetrachloroethylene; toluene; 1,2,4-trichlorobenzene; 1,1,1-trichloroethane; 1,1,2-trichloroethane; trichloroethylene; vinyl chloride; total xylenes and radioactivity (see Section 9.0).

"Protection by Adequate Construction, Treatment and Supervision" means:

Works which are of adequate capacity to meet the maximum demands without creating health hazards and which are located, designed and constructed to eliminate or prevent pollution.

Any one or any combination of the controlled processes of coagulation, sedimentation, absorption, filtration, disinfection or other processes appropriate to the sources of supply, which produces water consistently meeting the requirements of these Regulations.

Conscientious operation of a public water supply by an individual in direct responsible charge who is acceptable to the Division, and meets the certification requirements of the Division.

Public Notice Tiers” means that public notice requirements are divided into three tiers to take into account the seriousness of the violation or situation and any potential adverse health effects that may be involved.

Tier 1 public notice – required for National Primary Drinking Water (NPDWR) violations and situations with significant potential to have serious adverse effects on human health as a result of short-term exposure.

Tier 2 public notice – required for all other NPDWR violations and situations with potential to have serious adverse effects on human health.

Tier 3 public notice – required for all other NPDWR violations and situations not included in Tier 1 and Tier 2.

"Public Water System” or “PWS" means a water supply system for the provision to the public of water for human consumption through pipes or other constructed conveyances either directly from the user's free flowing outlet or indirectly by the water being used to manufacture ice, foods and beverages or that supplies water for potable or domestic purposes for consumption in more than three dwelling units, or furnishes water for potable or domestic purposes to employees, tenants, members, guests or the public at large in commercial offices, industrial areas, multiple dwellings or semi-public buildings including, but without limitation, rooming and boarding houses, motels, tourist cabins, mobile home parks, restaurants, hospitals and other institutions, or offers any water for sale for potable domestic purposes. Public water systems are classified as follows:

"Community Water System” or “CWS" 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;

"Miscellaneous Public Water System” or “MPWS" means a public water system that is neither community, transient non-community nor non-transient non-community.

"Non-Transient Non-Community Water System” or “NTNCWS" means a public water system that is not a community water system and that regularly serves at least twenty-five (25) of the same persons over six (6) months per year;

"Transient Non-Community Water System” or “TNCWS" means a public water system which has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year;

"Radioactivity" means the spontaneous, uncontrollable disintegration of the nucleus of an atom with the emission of particles and rays.

"Rem" means the unit of dose equivalent from ionizing radiation to the total body or any internal organ or organ system. A millirem is one one-thousandth (1/1000) of a rem.

"Repeat Compliance Period" means any subsequent compliance period after the initial compliance period.

"Residual Disinfectant Concentration” or “C" means the concentration of disinfectant measured in mg/L in a representative sample of water. Disinfectant levels of <0.04 mg/L shall be considered non-detectable.

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.

"Sanitary Survey" means a review of the water source, facilities, equipment, operation and maintenance of a public water system for the purpose of: evaluating the adequacy of such source, facilities, equipment, operation and maintenance for producing and distributing potable drinking water; or updating the inventory information.

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.

"Secondary Maximum Contaminant Level” or “SMCL" means an MCL which involves a biological, chemical or physical characteristic of water that may adversely affect the taste, odor, color or appearance (aesthetics), which may thereby affect public confidence or acceptance of the drinking water. This includes the MCLs for aluminum, chloride, color, copper, corrosivity, foaming agents, iron, manganese, odor, pH, silver, sulfate, total dissolved solids and zinc.

"Secretary, Delaware Health and Social Services" means the agency defined in 29 Del.C. §7933.

"Sedimentation" means a process for removal of solids before filtration by gravity or separation.

"Service Connection" means a water line to a dwelling unit or building.

"Service Line Sample" means a one (1) liter sample of water collected in accordance with subsection 10.7.2.3 that has been standing for at least six (6) hours in a service line.

Significant Deficiency means a defect in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the Division determines to be causing, or has the potential for causing the introduction of contamination into the water delivered to consumers.

"Single Family Structure" means a building constructed as a single family residence that is currently used as either a residence or a place of business.

"Slow Sand Filtration" means a process involving passage of raw water through a bed of sand at low velocity (generally less than 0.4 meters per hour) resulting in substantial particulate removal by physical and biological mechanisms.

"Small Water System" means a water system that served 3,300 persons or fewer.

"Source" means the place from which a system obtains its water. This may be either from underground or from the surface. Surface water may include rivers, lakes, reservoirs, springs, impoundments or a body of water with a surface exposed to the atmosphere.

"Standard Sample" means the sample size for bacteriological testing and shall consist of:

For the fermentation tube test, five (5) standard portions of either twenty (20) milliliters (ml) or one hundred (100) ml.

For the membrane filter technique, not less than one hundred (100) ml.

Subpart H Systems” means public water systems using surface water or ground water under the direct influence of surface water as a source that are subject to the filtration and disinfection requirements of these regulations.

"Supplier of Water" means any person who owns or operates a public water system.

"Surface Water" means all water which is open to the atmosphere and subject to surface runoff.

SUVA” means Specific Ultraviolet Absorption at 254 nanometers (nm), an indicator of the humic content of water. It is a calculated parameter obtained by dividing a sample's ultraviolet absorption at a wavelength of 254 nm (UV254) (in m-1) by its concentration of dissolved organic carbon (DOC) (in mg/L).

"System with a Single Service Connection" means a system which supplies drinking water to consumers via a single service line.

"Too Numerous to Count" means that the total number of bacterial colonies exceeds two hundred (200) on a forty-seven (47) millimeter (mm) diameter membrane filter used for coliform detection.

"Total Coliform-Positive Sample" means any Presence-Absence (P-A) Coliform Test with a result of present (P), any Minimal Medium ONPG-MUG (MMO-MUG) Test with a result of P, any Membrane Filter Technique test with a result of one (1) or more colonies per one hundred (100) ml, or any Multiple Tube Fermentation test with a result of one (1) or more positive tubes.

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 significant figures.

"Total Trihalomethanes” or “TTHMs" means the sum of the concentration in milligrams per liter of trihalomethane compounds [trichloromethane (chloroform), dibromochloromethane, bromodichloromethane and tribromomethane (bromoform)] rounded to two significant figures.

"Treatment Technique Requirement" means a requirement which specifies for a contaminant a specific treatment technique(s) demonstrated to the satisfaction of the Division to lead to a reduction in the level of such contamination sufficient to comply with these Regulations.

"Trihalomethanes” or “THMs" means one of the family of organic compounds, named as derivatives of methane, wherein three (3) of the four (4) hydrogen atoms in methane are each substituted by a halogen atom in the molecular structure.

"Turbidity" means a measure of the clarity or cloudiness of water in Nephelometric Turbidity Units or NTUs.

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.

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. Finished water storage facilities that are properly covered, screened and vented are excluded from this definition.

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

"Vulnerable" means subject to contamination, a determination which shall be made by the Division based on previous monitoring results, the number of persons served by the public water system, the proximity of a smaller system to a larger system, the proximity to commercial or industrial use, disposal or storage of volatile synthetic organic compounds (VOCs), and the protection of the water source(s).

"Waterborne Disease Outbreak" means the significant occurrence of an acute infectious illness, epidemiologically associated with the ingestion of water from a public water system which is deficient in treatment, as determined by the Division.

"Water Distribution System" means the pumps, piping and storage facilities from the source(s)/treatment plant to the property line of the ultimate consumer.

"Water Supply System" means the structures, equipment and appurtenances for collection, treatment, storage and distribution of potable water from the source of supply to the free-flowing outlet of the ultimate consumer.

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 the distribution system of one or more consecutive systems.

3.0 Source and Protection

3.1 Water Source Desirability. Drinking water shall be obtained from the most desirable source which is feasible, and efforts must be made to prevent or control pollution of the source. If the source fails to meet the bacteriological standards of Section 7.0 and is not already disinfecting pursuant to subsection 1.19.1, it may be required to do so in order to meet the bacteriological standards.

3.2 Sanitary Surveys: Sanitary surveys shall be made by the Division in order to locate and identify health hazards which might exist in the water supply system. The manner and frequency of making these surveys, and the rate at which discovered health hazards are to be removed, shall be in accordance with a program approved by the Division.

3.2.1 Water systems must correct any major sanitary defects noted during a sanitary survey as soon as possible but no later than 120 days after being notified by the Division. If the corrections will take longer than 120 days to complete then a corrective action plan with a timetable must be submitted to the Office of Drinking Water.

3.2.2 Public water systems which do not collect five or more routine samples per month must undergo an initial sanitary survey by June 29, 1994, for community water systems and June 29, 1999, for non-community water systems. Thereafter, systems must undergo another sanitary survey every three years, except that non-community water systems using only protected ground water, as defined by the Division, must undergo subsequent sanitary surveys at least every five years after the initial sanitary survey. The Division must review the results of each sanitary survey to determine whether the existing monitoring frequency is adequate and what additional measures, if any, the system needs to undertake to improve drinking water quality.

3.2.3 In conducting a sanitary survey of a system using ground water in a State having an EPA-approved wellhead protection program under section 1428 of the Safe Drinking Water Act, information on sources of contamination within the delineated wellhead protection area that was collected in the course of developing and implementing the program should be considered instead of collecting new information, if the information was collected since the last time the system was subject to a sanitary survey.

3.2.4 Sanitary surveys must be performed by the Division or an agent approved by the Division. The system is responsible for ensuring the survey takes place.

3.2.5 Sanitary surveys conducted by the Division under provisions of subsection 8.2 may be used to meet the sanitary survey requirements of this section.

3.3 Protection of Water. Water delivered to every consumer by any public water supplier shall be so protected by natural means, by proper constructions or by treatment so as to consistently equal or exceed the requirements herein established.

3.4 Monitoring Water Quality. Quality of water delivered by any public water supplier shall be continuously and/or periodically monitored in accordance with requirements herein established or in accordance with such monitoring plan of equal or greater effect as may be proposed by a public water supplier for its own use, subject to Division approval.

3.5 Responsibility. For the purpose of application of these Regulations, the supplier of water shall be responsible for the water quality at the user's free flowing outlet except for turbidity, inorganic compounds, radionuclides, SOCs, and VOCs, which are measured at a representative entry point(s) to the water distribution system.

3.6 Certified Operator. A water supply system shall be operated under the direct responsible charge of personnel whose qualifications meet the certification requirements of the “State of Delaware Regulations for the Licensing and Registration of Operators of Public Water Supply Systems.”

3.7 Approved Sampler/Tester:

3.7.1 An approved sampler/tester is approved for conducting routine water sampling and water quality analyses for chlorine residual, pH, nitrate testing or water quality parameter testing and entering that information into a log book. The approved sampler/tester is not a fully licensed operator and must work under the direction of a licensed operator. The approved sampler/tester must attend an approved course and pass a test approved by the Division. Individuals collecting samples under the tap water monitoring provisions of the lead/copper rule are exempted from this requirement.

3.7.2 Approved sampler/tester certification shall be valid for three years. An individual must attend a class approved by the Division and pass a test in order to receive certification. Attendance at an approved class and passing the test is required for renewal of the certification.

 

4.0 Reporting and Public Notification

4.1 Reporting

4.1.1 Results of Test, Measurement or Analysis: Except where a shorter period is specified in this part, the supplier of water shall report to the Division on forms approved by the Division the results of any test, measurement or analysis required by this part within:

4.1.1.1 The first ten (10) days following the month in which the result is received, or

4.1.1.2 The first ten (10) days following the end of the required monitoring period as stipulated by the Division, whichever of these is shortest.

4.1.1.3 Daily testing for free available chlorine residual, nitrates, pH, fluoride or other chemicals as determined by the Division is required for systems that provide treatment (addition, removal or adjustment) unless another schedule is agreed to in writing by the Division.

4.1.2 Failure to comply with a PMCL: Unless otherwise stipulated, the supplier of water shall report to the Division within twenty-four (24) hours the failure to comply with any Primary Drinking Water Regulations (including failure to comply with monitoring requirements).

4.1.3 Analysis Performed by Division of Public Health Laboratory: The supplier of water is not required to report analytical results to the Division in cases where an approved laboratory performs the analyses and reports the results directly to the Division.

4.1.4 Reporting of Unregulated Contaminants: The owner of a CWS or NTNCWS who is required to monitor under 40 CFR 141.40, shall send a copy of the results of such monitoring to the Division within thirty (30) days of receipt and any public notice issued under subsection 4.2.6 to the Division.

4.1.5 Reporting by Surface Water Systems: A PWS that uses a surface water source or a ground water source under the direct influence of surface water and provides filtration treatment must report monthly to the Division the information specified in this paragraph, beginning June 29, 1993.

4.1.5.1 Turbidity measurements must be reported within ten (10) days after the end of each month the system serves water to the public. Information that must be reported includes:

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

4.1.5.1.2 The number and percentage of filtered water turbidity measurements taken during the month which are less than or equal to the turbidity limits for the filtration technology being used.

4.1.5.1.3 The date and value of any turbidity measurements taken during the month which exceed one (1) NTU.

4.1.5.2 Each system, upon discovering that a waterborne disease outbreak potentially attributable to that water system has occurred, must report that occurrence to the Division as soon as possible, but no later than by the end of the next business day. If at any time the turbidity exceeds one (1) NTU, the system must inform the Division as soon as possible, but no later than the end of the next business day. If at any time the free available chlorine residual falls below 0.3 mg/L in the water entering the distribution system, the system must notify the Division as soon as possible, but no later than by the end of the next business day. The system must also notify the Division by the end of the next business day whether or not the free available chlorine residual was restored to at least 0.3 mg/L within four (4) hours.

4.1.6 Reporting of Chemical Overfeed Incidents or Unusual Events: It is the responsibility of the owner and/or the operator of a Public Water System to report to the Division, within 24 hours, any incidents of chemical overfeed and/or unusual events.

4.1.6.1 Examples of unusual events include but are not limited to the following:

4.1.7 Certification requirements: The public water system, within 10 days of completing the public notification requirements under subsection 4.2 of these regulations for the initial public notice and any repeat notices, must submit to the Division a certification that it has fully complied with the public notification requirements. The public water system must include with this certification a representative copy of each type of notice distributed, published, posted and made available to the persons served by the system and to the media.

4.1.8 Submission to the Division: The water supply system shall submit to the Division within the time stated in the request copies of any records required to be maintained under subsection 4.4 hereof or copies of any documents then in existence that the Division or the Administrator of the US Environmental Protection Agency is entitled to inspect pursuant to the authority of section 1445 of the Safe drinking Water Act or the equivalent provisions of the Delaware Code.

4.1.9 General Requirements

4.1.9.1 Each owner or operator of a public water system (community water systems, non-transient non-community water systems, and transient non-community water systems) must give notice for all violations of national primary drinking water regulations (NPDWR) and for other situations, as listed in subsection 4.1.9.1.1. The term ‘‘NPDWR violations’’ is used in this subpart to include violations of the maximum contaminant level (MCL), maximum residual disinfection level (MRDL), treatment technique (TT), monitoring requirements, and testing procedures in this part 141. Appendix A to this subpart identifies the tier assignment for each specific violation or situation requiring a public notice.

4.1.9.1.1 Violation categories and other situations requiring a public notice.

4.1.9.1.1.1 NPDWR violations:

4.1.9.1.1.1.1 Failure to comply with an applicable maximum contaminant level (MCL) or maximum residual disinfectant level (MRDL).

4.1.9.1.1.1.2 Failure to comply with a prescribed treatment technique (TT).

4.1.9.1.1.1.3 Failure to perform water quality monitoring, as required by the drinking water regulations.

4.1.9.1.1.1.4 Failure to comply with testing procedures as prescribed by a drinking water regulation.

4.1.9.1.1.2 Special public notices:

4.1.9.1.1.2.1 Occurrence of a waterborne disease outbreak or other waterborne emergency.

4.1.9.1.1.2.2 Exceedance of the nitrate MCL by non-community water systems (NCWS), where granted permission by the primacy agency under subsection 9.1.13.

4.1.9.1.1.2.3 Availability of unregulated contaminant monitoring data.

4.1.9.1.1.2.4 Other violations and situations determined by the primacy agency to require a public notice not already listed in subsection 4.2.3.

4.1.9.2 Public notice requirements are divided into three tiers, to take into account the seriousness of the violation or situation and of any potential adverse health effects that may be involved. The public notice requirements for each violation or situation listed in subsection 4.1.9.1.1 are determined by the tier to which it is assigned. Subsection 4.2.3 identifies the tier assignment for each specific violation or situation.

4.1.9.3 Each public water system must provide public notice to persons served by the water system, in accordance with this section.

4.1.9.3.1 Public water systems that sell or otherwise provide drinking water to other public water systems (i.e., to consecutive systems) are required to give public notice to the owner or operator of the consecutive system; the consecutive system is responsible for providing public notice to the persons it serves.

4.1.9.3.2 If a public water system has a violation in a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system, the primacy agency may allow the system to limit distribution of the public notice to only persons served by that portion of the system which is out of compliance. Permission by the primacy agency for limiting distribution of the notice must be granted in writing.

4.1.9.3.3 A copy of the notice must also be sent to the primacy agency, in accordance with the requirements under subsection 4.2.1.1.4.

4.2 Public Notification

4.2.1 General Public Notice Requirements:

4.2.1.1 It shall be the duty and responsibility of a water supply owner to give public notice in accordance with the following requirements:

4.2.1.1.1 Tier 1 Public Notice: Form, manner, and frequency of notice.

4.2.1.1.1.1 Violation categories and other situations requiring a Tier 1 public notice. Subsection 4.2.3 identifies the tier assignment for each specific violation or situation.

4.2.1.1.1.1.1 Violation of the MCL for total coliforms when fecal coliform or E. coli are present in the water distribution system (as specified in subsection 7.2), or when the water system fails to test for fecal coliforms or E. coli when any repeat sample tests positive for coliform (as specified in subsection 7.2);

4.2.1.1.1.1.2 Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, as defined in subsection 9.1, or when the water system fails to take a confirmation sample within 24 hours of the system's receipt of the first sample showing an exceedance of the nitrate or nitrite MCL, as specified in subsection 9.1.8.2 or violation of twice the MCL for fluoride as defined in subsection 9.1;

4.2.1.1.1.1.3 Exceedance of the nitrate MCL by non-community water systems, where permitted to exceed the MCL by the Division under subsection 9.1.13;

4.2.1.1.1.1.4 Violation of the MRDL for chlorine dioxide, as defined in subsection 12.3.1, when one or more samples taken in the distribution system the day following an exceedance of the MRDL at the entrance of the distribution system exceed the MRDL, or when the water system does not take the required samples in the distribution system, as specified in subsection 13.7;

4.2.1.1.1.1.5 Violation of the turbidity MCL under subsection 11.1.1, where the Division determines after consultation that a Tier 1 notice is required or where consultation does not take place within 24 hours after the system learns of the violation;

4.2.1.1.1.1.6 Violation of the Surface Water Treatment Rule (SWTR)(Section 17.0), Interim Enhanced Surface Water Treatment Rule (IESWTR) (Section 18.0) or the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR) (Section 20.0) treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit (as identified in subsection 4.2.3), where the Division determines after consultation that a Tier 1 notice is required or where consultation does not take place within 24 hours after the system learns of the violation;

4.2.1.1.1.1.7 Occurrence of a waterborne disease outbreak, as defined in Section 2.0, or other waterborne emergency (such as a failure or significant interruption in key water treatment processes, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination);

4.2.1.1.1.1.8 Detection of E. coli, enterococci, or coliphage in source water samples as specified in subsections 8.3.1 and 8.3.2;

4.2.1.1.1.1.9 Other violations or situations with significant potential to have serious adverse effects on human health as a result of short-term exposure, as determined by the Division either in these regulations or on a case-by-case basis.

4.2.1.1.1.2 Public water systems must:

4.2.1.1.1.2.1 Provide a public notice as soon as practical but no later than 24 hours after the system learns of the violation;

4.2.1.1.1.2.2 Initiate consultation with the Division as soon as practical, but no later than 24 hours after the public water system learns of the violation or situation, to determine additional public notice requirements; and

4.2.1.1.1.2.3 Comply with any additional public notification requirements (including any repeat notices or direction on the duration of the posted notices) that are established as a result of the consultation with the Division. Such requirements may include the timing, form, manner, frequency, and content of repeat notices (if any) and other actions designed to reach all persons served.

4.2.1.1.1.3 Public water systems must provide the notice within 24 hours in a form and manner reasonably calculated to reach all persons served. The form and manner used by the public water system are to fit the specific situation, but must be designed to reach residential, transient, and non-transient users of the water system. In order to reach all persons served, water systems are to use, at a minimum, one or more of the following forms of delivery:

4.2.1.1.1.3.1 Appropriate broadcast media (such as radio and television);

4.2.1.1.1.3.2 Posting of the notice in conspicuous locations throughout the area served by the water system;

4.2.1.1.1.3.3 Hand delivery of the notice to persons served by the water system; or

4.2.1.1.1.3.4 Another delivery method approved in writing by the Division.

4.2.1.1.2 Tier 2 Public Notice: Form, manner and frequency of notice

4.2.1.1.2.1 Violation categories and other situations requiring a Tier 2 public notice. Subsection 4.2.3 identifies the tier assignment for each specific violation or situation.

4.2.1.1.2.1.1 All violations of the MCL, MRDL, Surface Water Treatment Rule (SWTR), Interim Enhanced Surface Water Treatment Rule (IESWTR), the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR), the Long Term 2 ESWTR, Lead and Copper Rule (LCR), Disinfectant/Disinfection Byproduct Rules (DBPRs), and the Ground Water Rule (GWR) treatment technique requirements, except where a Tier 1 notice is required under subsection 4.1.1.1 or where the Division determines that a Tier 1 notice is required;

4.2.1.1.2.1.2 Violations of the monitoring and testing procedure requirements, where the Division determines that a Tier 2 rather than a Tier 3 public notice is required, taking into account potential health impacts and persistence of the violation;

4.2.1.1.2.1.3 Special notice for repeated failure to conduct monitoring of the source water for Cryptosporidium and for failure to determine bin classification or mean Cryptosporidium level.

4.2.1.1.2.1.3.1 The owner or operator of a community or non-community water system that is required to monitor source water under subsection 21.2 must notify persons served by the water system that monitoring has not been completed as specified no later than 14 days after the system has failed to collect any 3 months of monitoring as specified in subsection 21.2.3. The notice must be repeated as specified in subsection 4.2.1.1.2.2.1.

4.2.1.1.2.1.3.2 The owner or operator of a community or non-community water system that is required to determine a bin classification under subsection 21.11, or to determine mean Cryptosporidium level under subsection 21.13, must notify persons served by the water system that the determination has not been made as required no later than 14 days after the system has failed to report the determination as specified in subsection 21.11.5 or subsection 21.13.1, respectively. The notice must be repeated as specified in subsection 4.2.1.1.2.2.1. The notice is not required if the system is complying with a Division-approved schedule to address the violation.

4.2.1.1.2.1.3.3 The form and manner of the public notice must follow the requirements for a Tier 2 public notice prescribed in subsection 4.2.1.1.2. The public notice must be presented as required in subsection 4.2.2.3.1.

4.2.1.1.2.1.3.4 The notice must contain the following language, including the language necessary to fill in the blanks.

4.2.1.1.2.1.3.4.1 The special notice for repeated failure to conduct monitoring must contain the following language:

We are required to monitor the source of your drinking water for Cryptosporidium. Results of the monitoring are to be used to determine whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We are required to complete this monitoring and make this determination by (required bin determination date). We “did not monitor or test'' or “did not complete all monitoring or testing'' on schedule and, therefore, we may not be able to determine by the required date what treatment modifications, if any, must be made to ensure adequate Cryptosporidium removal. Missing this deadline may, in turn, jeopardize our ability to have the required treatment modifications, if any, completed by the deadline required, (date).

For more information, please call (name of water system contact) of (name of water system) at (phone number).

4.2.1.1.2.1.3.4.2 The special notice for failure to determine bin classification or mean Cryptosporidium level must contain the following language:

We are required to monitor the source of your drinking water for Cryptosporidium in order to determine by (date) whether water treatment at the (treatment plant name) is sufficient to adequately remove Cryptosporidium from your drinking water. We have not made this determination by the required date. Our failure to do this may jeopardize our ability to have the required treatment modifications, if any, completed by the required deadline of (date). For more information, please call (name of water system contact) of (name of water system) at (phone number).

4.2.1.1.2.1.3.4.3 Each special notice must also include a description of what the system is doing to correct the violation and when the system expects to return to compliance or resolve the situation.

4.2.1.1.2.1.4 Failure to take corrective action or failure to maintain at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer under subsection 8.4.1.

4.2.1.1.2.1.5 Other violations or situations with significant potential to have adverse effects on human health as a result of exposure, as determined by the Division either in these regulations or on a case-by-case basis.

4.2.1.1.2.2 Public water systems must:

4.2.1.1.2.2.1 Public water systems must provide the public notice as soon as practical, but no later than 14 days after the system learns of the violation. If the public notice is posted, the notice must remain in place for as long as the violation or situation persists, but in no case for less than seven days, even if the violation or situation is resolved.

4.2.1.1.2.2.2 The public water system must repeat the notice every three months as long as the violation or situation persists, unless the Division determines that appropriate circumstances warrant a different repeat notice frequency. In no circumstance may the repeat notice be given less frequently than once per year. It is not appropriate for the Division to allow less frequent repeat notice for an MCL violation or treatment technique violation under the Total Coliform Rule or subsection 7.4 or a treatment technique violation under the Surface Water Rule or Interim Enhanced Surface Water Treatment rule. It is also not appropriate for the Division to allow through its rules or its policies across-the-board reductions in the repeat notice frequency for other ongoing violation requiring a Tier 2 repeat notice. Division determinations allowing repeat notices to be given less frequently than once every three months must be in writing.

4.2.1.1.2.2.3 For the turbidity violations specified in this paragraph, public water systems must consult with the Division as soon as practical but no later than 24 hours after the public water system learns of the violation, to determine whether a Tier 1 public notice under subsection 4.1.1.1 is required to protect public health. When consultation does not take place within the 24-hour period, the water system must distribute a Tier 1 notice of the violation within the next 24 hours (i.e., no later than 48 hours after the system learns of the violation), following the requirements under subsections 4.1.1.2 and 4.1.1.3. Consultation with the Division is required for:

4.2.1.1.2.2.3.1 Violation of the turbidity MCL under subsection 7.1.1; or

4.2.1.1.2.2.3.2 Violation of the SWTR, IESWTR or LT1ESWTR treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit.

4.2.1.1.2.2.3.3 Public water systems must provide the initial public notice and any repeat notices in a form and manner that is reasonably calculated to reach persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of water system, but it must at a minimum meet the following requirements:

4.2.1.1.2.2.3.3.1 Unless directed otherwise by the Division in writing, community water systems must provide notice by:

4.2.1.1.2.2.3.3.1.1 Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the public water system; and

4.2.1.1.2.2.3.3.1.2 Any other method reasonably calculated to reach other persons regularly served by the system, if they would not normally be reached by the notice required in subsection 4.2.1.3.1.1. Such persons may include those who do not pay water bills or do not have service connection addresses (e.g., house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.). Other methods may include: Publication in a local newspaper; delivery of multiple copies for distribution by customers that provide their drinking water to others (e.g., apartment building owners or large private employers); posting in public places served by the system or on the Internet; or delivery to community organizations.

4.2.1.1.2.2.3.3.2 Unless directed otherwise by the Division in writing, non-community water systems must provide notice by:

4.2.1.1.2.2.3.3.2.1 Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the system, or by mail or direct delivery to each customer and service connection (where known); and

4.2.1.1.2.2.3.3.2.2 Any other method reasonably calculated to reach other persons served by the system if they would not normally be reached by the notice required in subsection 4.2.1.1.3.2.1. Such persons may include those served who may not see a posted notice because the posted notice is not in a location they routinely pass by. Other methods may include: Publication in a local newspaper or newsletter distributed to customers; use of E-mail to notify employees or students; or, delivery of multiple copies in central locations (e.g., community centers).

4.2.1.1.3 Tier 3 Public Notice: Form, manner, and frequency of notice

4.2.1.1.3.1 Violation categories and other situations requiring a Tier 3 public notice. Subsection 4.2.3 identifies the tier assignment for each specific violation or situation.

4.2.1.1.3.1.1 Monitoring violations under 40 CFR part 141, except where a Tier 1 notice is required under subsection 4.2.1.1 or where the Division determines that a Tier 2 notice is required;

4.2.1.1.3.1.2 Failure to comply with a testing procedure established in 40 CFR part 141, except where a Tier 1 notice is required under subsection 4.2.1.1 or where the Division determines that a Tier 2 notice is required;

4.2.1.1.3.1.3 Failure to comply with subsection 3.6 of these regulations;

4.2.1.1.3.1.4 Availability of unregulated contaminant monitoring results, as required under subsection 4.2.6; and

4.2.1.1.3.1.5 Other violations or situations with significant potential to have adverse effects on human health as a result of exposure, as determined by the Division either in these regulations or on a case-by-case basis.

4.2.1.1.3.1.6 Reporting and recordkeeping violations under subsection 7.4.

4.2.1.1.3.2 Public water systems must:

4.2.1.1.3.2.1 Public water systems must provide the public notice not later than 90 days after the public water system learns of the violation or situation. Following the initial notice, the public water system must repeat the notice annually for as long as the violation or other situation persists. If the public notice is posted, the notice must remain in place for as long as the violation or other situation persists, but in no case less than seven days (even if the violation or situation is resolved).

4.2.1.1.3.3 Public water systems must provide the initial notice and any repeat notices in a form and manner that is reasonably calculated to reach persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of water system, but it must at a minimum meet the following requirements:

4.2.1.1.3.3.1 Unless directed otherwise by the Division in writing, community water systems must provide notice by:

4.2.1.1.3.3.1.1 Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the public water system; and

4.2.1.1.3.3.1.2 Any other method reasonably calculated to reach other persons regularly served by the system, if they would not normally be reached by the notice required in subsection 4.2.1.1.3.1.1. Such persons may include those who do not pay water bills or do not have service connection addresses (e.g., house renters, apartment dwellers, university students, nursing home patients, prison inmates, etc.). Other methods may include: Publication in a local newspaper; delivery of multiple copies for distribution by customers that provide their drinking water to others (e.g., apartment building owners or large private employers); posting in public places or on the Internet; or delivery to community organizations.

4.2.1.1.3.3.2 Unless directed otherwise by the Division in writing, non-community water systems must provide notice by:

4.2.1.1.3.3.2.1 Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the system, or by mail or direct delivery to each customer and service connection (where known); and

4.2.1.1.3.3.2.2 Any other method reasonably calculated to reach other persons served by the system, if they would not normally be reached by the notice required in subsection 4.2.1.1.3.3.2.1. Such persons may include those who may not see a posted notice because the notice is not in a location they routinely pass by. Other methods may include: Publication in a local newspaper or newsletter distributed to customers; use of E-mail to notify employees or students; or, delivery of multiple copies in central locations (e.g., community centers).

4.2.1.1.4 Certification to the Division: The owner of a public water system, within ten (10) days of completing the public notice requirements of this section for the initial public notice and any repeat notices, shall submit to the Division a completed Delivery Certification Form, certifying when and how the public notice was delivered and that they have complied with the public notice regulations. The owner shall include with this certification a copy, as delivered, of each type of notice distributed, published, posted, and made available to the persons served by the system and to the media.

4.2.1.1.5 The Division may, at their discretion, also require a more stringent public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead of Tier 3) for specific violations and situations.

4.2.2 Content of a Public Notice

4.2.2.1 When a public water system violates a NPDWR or has a situation requiring public notification, each public notice must include the following elements:

4.2.2.1.1 A description of the violation or situation, including the contaminant(s) of concern, and (as applicable) the contaminant level(s);

4.2.2.1.2 When the violation or situation occurred;

4.2.2.1.3 Any potential adverse health effects from the violation or situation, including the standard language under subsections 4.2.2.4.1 or 4.2.2.4.2, whichever is applicable;

4.2.2.1.4 The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water;

4.2.2.1.5 Whether alternative water supplies should be used;

4.2.2.1.6 What actions consumers should take, including when they should seek medical help, if known;

4.2.2.1.7 What the system is doing to correct the violation or situation;

4.2.2.1.8 When the water system expects to return to compliance or resolve the situation;

4.2.2.1.9 The name, business address, and phone number of the water system owner, operator, or designee of the public water system as a source of additional information concerning the notice; and

4.2.2.1.10 A statement to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under subsection 4.2.2.3.3, where applicable.

4.2.2.2 The public notice shall:

4.2.2.2.1 Each public notice required by this section:

4.2.2.2.1.1 Must be displayed in a conspicuous way when printed or posted;

4.2.2.2.1.2 Must not contain overly technical language or very small print;

4.2.2.2.1.3 Must not be formatted in a way that defeats the purpose of the notice;

4.2.2.2.1.4 Must not contain language which nullifies the purpose of the notice.

4.2.2.2.2 Each public notice required by this section must comply with multilingual requirements, as follows:

4.2.2.2.2.1 For public water systems serving a large proportion of non-English speaking consumers, as determined by the Division, the public notice must contain information in the appropriate language(s) regarding the importance of the notice or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the notice or to request assistance in the appropriate language.

4.2.2.2.2.2 In cases where the Division has not determined what constitutes a large proportion of non-English speaking consumers, the public water system must include in the public notice the same information as in subsection 4.2.2.2.2.1, where appropriate to reach a large proportion of non-English speaking persons served by the water system.

4.2.2.3 Public water systems are required to include the following standard language in their public notice:

4.2.2.3.1 Standard health effects language for MCL or MRDL violations, and treatment technique violations. Public water systems must include in each public notice the health effects language specified in subsection 4.2.2.5 corresponding to each MCL, MRDL, and treatment technique violation listed in subsection 4.2.2.

4.2.2.3.2 Standard language for monitoring and testing procedure violations. Public water systems must include the following language in their notice, including the language necessary to fill in the blanks, for all monitoring and testing procedure violations listed in subsection 4.2.2:

“We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During [compliance period], we “did not monitor or test” or “did not complete all monitoring or testing” for [contaminant(s)], and therefore cannot be sure of the quality of your drinking water during that time.”

4.2.2.3.3 Standard language to encourage the distribution of the public notice to all persons served. Public water systems must include in their notice the following language (where applicable):

“Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail.”

4.2.2.4 Mandatory Health Effects Language:

4.2.2.4.1 When providing the information on potential adverse health effects required by subsection 4.2.2.3.1 in notices of violations of MCLs or treatment technique requirements the owner of a PWS must include the following mandatory language specific to each contaminant:

4.2.2.4.1.1 Microbiological Contaminants:

Inadequately treated or inadequately protected water may contain disease-causing organisms. These organisms can cause symptoms such as diarrhea, nausea, cramps, and associated headaches.

Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially-harmful, bacteria may be present or that a potential pathway exists through which contaminants may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs we are required to conduct assessments to identify problems and to correct any problems that are found.

[THE SYSTEM MUST USE THE FOLLOWING APPLICABLE SENTENCES]

We failed to conduct the required assessment.

We failed to correct all identified sanitary defects that were found during the assessment(s).

E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, the elderly and people with severely compromised immune systems. We violated the standard for E. coli, indicating the need to look for potential problems in water treatment or distribution. When this occurs we are required to conduct a detailed assessment to identify problems and to correct any problems that are found.

[THE SYSTEM MUST USE THE FOLLOWING APPLICABLE SENTENCES]

We failed to conduct the required assessment.

We failed to correct all identified sanitary defects that were found during the assessment that we conducted,

Total organic carbon (TOC): Total organic carbon (TOC) has no health effects. However, total organic carbon provides a medium for the formation of disinfection byproducts. These byproducts include trihalomethanes (THMs) and haloacetic acids (HAAs). Drinking water containing these byproducts in excess of the MCL may lead to adverse health effects, liver or kidney problems, or nervous system effects, and may lead to an increased risk of getting cancer.

Turbidity: Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.

Giardia lamblia, Viruses, Heterotrophic plate count (HPC) bacteria, Legionella, and Cryptosporidium: Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches. The language in this paragraph shall be used for any violation of the following rules: the Surface Water Treatment Rule; The Interim Enhanced Surface Water Treatment Rule; The Filter Backwash Recycling Rule; and, the Long Term 1 Enhanced Surface Water Treatment Rule.

4.2.2.4.1.2 Inorganic Contaminants:

4.2.2.4.1.3 Synthetic Organic Compounds

4.2.2.4.1.4 Volatile Organic Compounds:

4.2.2.4.1.5 Radiological Compounds

4.2.2.4.1.6 Disinfection/Disinfection Byproducts (DBPs), Byproduct Precursors, Disinfection Residuals: Where disinfection is used in the treatment of drinking water, disinfectants combine with organic and inorganic matter present in water to form chemicals called disinfection byproducts (DBPs). EPA sets standards for controlling the levels of disinfectants and DBPs in drinking water, including trihalomethanes (THMs) and haloacetic acids (HAAs).

4.2.2.4.1.7 Public Notification for Fluoride: Notice of violations of the MCL for fluoride shall consist of the public notice prescribed in this section, plus a description of any steps which the system is taking to come into compliance. The public notice must contain the following language:

Drinking water containing fluoride in excess of the MCL over many years may cause mottling of children’s teeth, usually in children less than nine years old. Mottling, also known as dental fluorosis, may include brown staining and/or pitting of the teeth, and occurs only in developing teeth before they erupt from the gums. Fluoride in drinking water at twice the MCL may cause bone disease, including pain and tenderness of the bones.

For more information, please call [name of water system contact] of [name of community water system] at [phone number]. Some home water treatment units are also available to remove fluoride from drinking water. To learn more about available home water treatment units, you may call NSF International at 1-877-8-NSF-HELP.

4.2.2.5 Public Notification by the State: The Division may give notice to the public required by this section on behalf of the owner of a public water system if the Division complies with the requirements of this section. However, the owner of the public water system remains legally responsible for ensuring that the requirements of this section are met.

4.2.2.6 Record Maintenance: Copies of public notices issued pursuant to subsection 4.2.2 of this part and certifications made to the Division pursuant to subsection 4.2.1.1.4 must be kept for five (5) years after issuance.

4.2.3 Frequency, Tier Designation and Distribution of Public Notification:

4.2.3.1 NPDWR Violations and Other Situations Requiring Public Notice1: Public notices shall be provided in accordance with the requirements of subsections 4.2.1, 4.2.2 and the following table:

 

 

Contaminant

MCL/MRDL/TT violations2

Monitoring and Testing Procedure violations

Tier of Public Notice Required

Citation

Tier of Public Notice Required

Citation

1. Violations of National Primary Drinking Water Regulations (NPDWR)3

 

 

 

 

A. Microbiological Contaminants

 

1.a. Total coliform bacteria

2

7.0

3

7.0

 

1.b Total coliform (TT violations resulting from failure to perform assessments or corrective actions, monitoring violations, and reporting violations)

2

7.4.10.2.1

3

7.4.10.3.1

 

1.c Seasonal system failure to follow Division-approved start-up plan prior to serving water to the public or failure to provide certification to the Division

2

7.4.4.10.2.2

3

7.4.10.4.3

 

2.a Fecal coliform/E. coli

1

7.0

41,3

7.0

 

2.b E. coli (MCL, monitoring, and reporting violations)

1

7.4.10.1

3

7.4.10.3.2

7.4.10.4.1

7.4.10.4.2

 

2.c E. coli (TT violations resulting from failure to perform Level 2 Assessments or corrective action)

2

7.4.10.2.1

 

 

3. Turbidity MCL

2

16.4

3

16.5

4. Turbidity MCL (average of 2 days samples >5 NTU)

52,1

16.4

3

16.5

5. Turbidity (for TT violations resulting from a single exceedance of maximum allowable turbidity level)

62,1

16.4

3

16.5

6. Surface Water Treatment rule violations, other than violations resulting from single exceedance of max. allowable turbidity level (TT)

2

16.0

3

16.0

7. Interim Enhanced Surface Water Treatment Rule violations, other than violations resulting from single exceedance of max. allowable turbidity level (TT)

72

17.0

3

17.0

8. Filter Backwash Recycling Rule violations.

2

18.0

3

18.0

9. Long Term 1 Enhanced Surface Water Treatment Rule violations]

2

19.0

3

19.0

10. Long Term 2 Enhanced Surface water Treatment Rule violations

2

20.0

222,3

20.2-20.6 and 20.9-20.10

11.Ground Water Rule Violations

2

8.0

3

8.4.2

B. Inorganic Chemicals (IOCs)

1. Antimony

2

9.1

3

9.1.2

2. Arsenic

2

89.1

3

119.1.2

3. Asbestos(fibers >10 microns)

2

9.1

3

9.1.2

4. Barium

2

9.1

3

9.1.2

5. Beryllium

2

9.1

3

9.1.2

6. Cadmium

2

9.1

3

9.1.2

7. Chromium (Total)

2

9.1

3

9.1.2

8. Cyanide

2

9.1

3

9.1.2

9. Fluoride

1,2

9.1

3

9.1.2

10. Mercury (inorganic)

2

9.1

3

9.1.2

11. Nickel

2

9.1

3

9.1.2

12. Nitrate

1

9.1

121,3

9.1.2

13. Nitrite

1

9.1

121,3

9.1.2

14. Total Nitrate and Nitrite

1

9.1

3

9.1.2

15. Selenium

2

9.1

3

9.1.2

16. Thallium

2

9.1

3

9.1.2

C. Lead and Copper Rule (Action level for lead is 0.015 mg/L, for copper is 1.3 mg/L)

1. Lead and Copper rule (TT)

2

10.0

3

10.0

D. Synthetic Organic Chemicals (SOCs)

1. 2,4 - D

2

9.2.1.1

3

9.2.2

2. 2,4,5 –TP

2

9.2.1.1

3

9.2.2

3. Alachlor

2

9.2.1.1

3

9.2.2

4. Atrazine

2

9.2.1.1

3

9.2.2

5. Benzo(a)pyrene (PAHs)

2

9.2.1.1

3

9.2.2

6. Carbofuran

2

9.2.1.1

3

9.2.2

7. Chlordane

2

9.2.1.1

3

9.2.2

8. Dalapon

2

9.2.1.1

3

9.2.2

9. Di (2-ethylhexyl) adipate

2

9.2.1.1

3

9.2.2

10. Di (2-ethylhexyl) phthalate

2

9.2.1.1

3

9.2.2

11. Dibromochloropropane

2

9.2.1.1

3

9.2.2

12. Dinoseb

2

9.2.1.1

3

9.2.2

13. Dioxin (2,3,7,8 – TCDD)

2

9.2.1.1

3

9.2.2

14. Diquat

2

9.2.1.1

3

9.2.2

15. Endothall

2

9.2.1.1

3

9.2.2

16. Endrin

2

9.2.1.1

3

9.2.2

17. Ethylene Dibromide

2

9.2.1.1

3

9.2.2

18. Glyphosate

2

9.2.1.1

3

9.2.2

19. Heptachlor

2

9.2.1.1

3

9.2.2

20. Heptachlor epoxide

2

9.2.1.1

3

9.2.2

21. Hexachlorobenzene

2

9.2.1.1

3

9.2.2

22. Hexachlorocyclopentadiene

2

9.2.1.1

3

9.2.2

23. Lindane

2

9.2.1.1

3

9.2.2

24. Methoxychlor

2

9.2.1.1

3

9.2.2

25. Oxamyl (Vydate)

2

9.2.1.1

3

9.2.2

26. Pentachlorophenol

2

9.2.1.1

3

9.2.2

27. Picloram

2

9.2.1.1

3

9.2.2

28. Polychlorinated biphenyls (PCBs)

2

9.2.1.1

3

9.2.2

29. Simazine

2

9.2.1.1

3

9.2.2

30. Toxaphene

2

9.2.1.1

3

9.2.2

E. Volatile Organic Chemicals (VOCs)

1. Benzene

2

9.2.1.3

3

9.2.2

2. Carbon tetrachloride

2

9.2.1.3

3

9.2.2

3. Chlorobenzene (monochlorobenzene)

2

9.2.1.3

3

9.2.2

4. o-Dichlorobenzene

2

9.2.1.3

3

9.2.2

5. p-Dichlorobenzene

2

9.2.1.3

3

9.2.2

6. 1,2-Dichloroethane

2

9.2.1.3

3

9.2.2

7. 1,1-Dichloroethylene

2

9.2.1.3

3

9.2.2

8. cis-1,2,-Dichloroethylene

2

9.2.1.3

3

9.2.2

9. trans-1,2-Dichloroethylene

2

9.2.1.3

3

9.2.2

10. Dichloromethane

2

9.2.1.3

3

9.2.2

11. 1,2-Dichloropropane

2

9.2.1.3

3

9.2.2

12. Ethylbenzene

2

9.2.1.3

3

9.2.2

13. Styrene

2

9.2.1.3

3

9.2.2

14. Tetrachloroethylene

2

9.2.1.3

3

9.2.2

15. Toluene

2

9.2.1.3

3

9.2.2

16. 1,2,4-Trichlorobenzene

2

9.2.1.3

3

9.2.2

17. 1,1,1-Trichloroethane

2

9.2.1.3

3

9.2.2

18. 1,1,2-Trichloroethane

2

9.2.1.3

3

9.2.2

19. Trichloroethylene

2

9.2.1.3

3

9.2.2

20. Vinyl chloride

2

9.2.1.3

3

9.2.2

21. Xylenes (total)

2

9.2.1.3

3

9.2.2

22. Methyl tert Butyl Ether

2

9.2.1.3

3

9.2.2

F. Radioactive Contaminants

1. Beta/photon emitters

2

16.1.1.4

3

16.2

2. Alpha emitters

2

16.1.1.3

3

16.2

3. Combined radium (226 & 228)

2

16.1.1.2

3

16.2

4. Uranium

92

16.1.1.5

103

16.2

G. Disinfection Byproducts (DBPs), Byproduct Precursors, Disinfection Residuals.13

1. Total trihalomethanes (TTHMs)

2

149.2.1.2, 9.2.2.2.1.11, 9.3.1.1

3

12.6.1 to 12.6.5, 12.7.1 to 12.7.3, 13.0 to 13.6, 14.0 to 14.9

2. Haloacetic Acids (HAA5)

2

9.2.1.2, 9.2.2.2.1.11, 9.3.1.1

3

12.6.1 to 12.6.5, 12.7.1 to 12.7.3, 13.0 to 13.6, 14.0 to 14.9

3. Bromate

2

9.2.1.2, 9.2.2.2.1.11

3

12.6.1 to 12.6.5, 12.7.1 to 12.7.3

4. Chlorite

2

9.2.1.2, 9.2.2.2.1.11

3

12.6.1 to 12.6.5, 12.7.1 to 12.7.3

5. Chlorine(MRDL)

2

1.19.3.1

3

12.6.1 to 12.6.5, 12.8.1

6. Chloramine (MRDL)

2

1.19.3.1

3

12.6.1 to 12.6.5, 12.8.1

7. Chlorine dioxide (MRDL), where any

two consecutive daily samples at

entrance to the distribution system only

are above MRDL

2

1.19.3.1, 12.14.2

215,3

12.6.1 to 12.6.5, 12.8.2, 12.14.2

8. Chlorine dioxide (MRDL), where

sample(s) in distribution system the

next day are also above MRDL

161

1.19.3.1, 12.14.2

1

12.6.1 to 12.6.5, 12.8.2, 12.14.2

9. Control of DBP precursors – TOC (TT)

2

12.16

3

12.6.1 to 12.6.5, 12.9

10. Bench marking and disinfection

profiling

N/A

N/A

3

17.5

11. Development of monitoring plan

N/A

N/A

3

12.11

H. Other Treatment Techniques

1. Acrylamide

2

9.3.3

N/A

N/A

2. Epichlorohydrin

2

9.3.3

N/A

N/A

II. Unregulated Contaminant Monitoring17

A. Unregulated contaminants

N/A

N/A

3

40 CFR 141.40

III. Other Situations Requiring Public Notice

A. Exceedance of nitrate MCL for

non-community systems, as allowed

by the Division

1

9.1.12

N/A

N/A

B. Availability of unregulated

contaminant monitoring data

3

40 CFR 141.40

N/A

N/A

C. Waterborne disease outbreak

1

2.0

N/A

N/A

D. Other waterborne emergency20

1

N/A

N/A

N/A

E. Other situations as determined by

the Division

211,2,3

N/A

N/A

N/A

F. Source water sample positive for

Ground Water Rule Fecal indicators:

E. coli, enterococci, or coliphage.

1

8.3

N/A

N/A

 

Until December 31, 2015
Beginning January 1, 2016
1 Violations and other situations not listed in this table (e.g., failure to prepare Consumer Confidence Reports) do not require notice, unless otherwise determined by the Division. The Division may, at their option, also require a more stringent public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead of tier 3) for specific violations and situations listed in this Table, as authorized under subsection 4.2.1.1.5.
2 MCL – Maximum Contaminant Level, MRDL – Maximum Residual Disinfectant Level, TT – Treatment Technique
3 The term Violations of National Primary Drinking Water Regulations (NPDWR) is used here to include violations of MCL, MRDL, treatment technique, monitoring, and testing procedure requirements.
4 Failure to test for fecal coliform or E. coli is a Tier 1 violation if testing is not done after any repeat sample tests positive for coliform. All other total coliform monitoring and testing procedure violations are Tier 3
5 Systems that violate the turbidity MCL of 5 NTU based on an average of measurements over two consecutive days must consult with the Division within 24 hours after learning of the violation. Based on this consultation, the Division may subsequently decide to elevate the violation to Tier 1. If a system is unable to make contact with the Division in the 24-hour period, the violation is automatically elevated to Tier 1.
6 Systems with treatment technique violations involving a single exceedance of a maximum turbidity limit under the Surface Water Treatment Rule (SWTR), the Interim Enhanced Surface Water Treatment Rule (IESWTR) or the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR are required to consult with the Division within 24 hours after learning of the violation. Based on this consultation, the Division may subsequently decide to elevate the violation to Tier 1. If a system is unable to make contact with the Division in the 24-hour period, the violation is automatically elevated to Tier 1.
7 Most of the requirements of the IESWTR Section 18.0 become effective January 1, 2002 for Subpart H systems (surface water systems and groundwater under the direct influence of surface water) serving at least 10,000 persons. However, subsection 10.8 has some requirements that become effective as early as April 16, 1999. The SWTR remains in effect for systems serving at least 10,000 persons even after 2002; the IESWTR adds additional requirements and does not in many cases supersede the SWTR.
8 The arsenic MCL citations are effective January 23, 2006. Until then, the citations are §141.11(b) and §141.23(n).
9 The uranium MCL Tier 2 violation citations are effective December 8, 2003 for all community water systems.
10 The uranium Tier 3 violation citations are effective December 8, 2000 for all community water systems.
11 The arsenic Tier 3 violation MCL citations are effective December 8, 2003 for all community water systems.
12 Failure to take a confirmation sample within 24 hours for nitrate or nitrite after an initial sample exceeds the MCL is a Tier 1 violation. Other monitoring violations for nitrate are Tier 3.
13 Surface water or ground water under the direct influence of surface water community and non-transient non-community systems serving ≥10,000 must comply with new DBP MCLs, disinfectant MRDLs, and related monitoring requirements beginning January 1, 2002. All other community and non-transient non-community systems must meet the MCLs and MRDLs beginning January 1, 2004. Surface water or ground water under the direct influence of surface water transient non-community systems serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2002. Surface water or ground water under the direct influence of surface water transient non-community systems serving fewer than 10,000 persons and using only groundwater not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2004.
14 40 CFR 141.64(b)(1) 141.132(a)-(b) apply until §§141.620-141.630 take effect under the schedule in §141.620(c).
15 Failure to monitor for chlorine dioxide at the entrance to the distribution system the day after exceeding the MRDL at the entrance to the distribution system is a Tier 2 violation.
16 If any daily sample taken at the entrance to the distribution system exceeds the MRDL for chlorine dioxide and one or more samples taken in the distribution system the next day exceed the MRDL, Tier 1 notification is required. Failure to take the required samples in the distribution system after the MRDL is exceeded at the entry point also triggers Tier 1 notification.
17 Some water systems must monitor for certain unregulated contaminants listed in 40 CFR 141.40
20 Other waterborne emergencies require a Tier 1 public notice under subsection 4.2.1.1.1.1.8 for situations that do not meet the definition of a waterborne disease outbreak given in 40 CFR 141.2 but that still have the potential to have serious adverse effects on health as a result of short-term exposure. These could include outbreaks not related to treatment deficiencies, as well as situations that have the potential to cause outbreaks, such as failures or significant interruption in water treatment processes, natural disasters that disrupt the water supply or distribution system, chemical spills, or unexpected loading of possible pathogens into the source water.
21 The Division may place other situations in any tier it believes appropriate, based on threat to public health.
22 Failure to collect three or more samples for Cryptosporidium analysis is a Tier 2 violation requiring special notice as specified in subsection 4.2.1.1.1.1.6. All other monitoring and testing violations are Tier 3.

 

4.2.3.2 Notification to New Billing Units:

4.2.3.2.1 The owner of a community public water system must give a copy of the most recent public notice for any outstanding violation of any MCL, MRDL, or any treatment technique requirement, or monitoring violation to all new billing units or new hookups prior to or at the time service begins.

4.2.3.2.2 Non-community water systems must continuously post the public notice in conspicuous locations in order to inform new consumers of any continuing violation, variance or exemption, or other situation requiring a public notice for as long as the violation, variance, exemption, or other situation persists.

4.2.3.3 All posted public notices shall remain readable and be protected by glass, plastic or some other suitable covering and remain in place until such time that the violation or failure has terminated or seven (7) days, whichever is longer.

4.2.3.4 Notice to the public required by this section may be given by the Division should the water supplier fail to do so.

4.2.3.5 Nothing in this section shall limit the authority of the Secretary, Delaware Health and Social Services to require notification by newspaper and to radio and television stations when circumstances make more immediate or broader notice appropriate to protect the public's health.

4.2.4 Public Notification Requirements Pertaining to Lead

4.2.4.1 Applicability of Public Notification Requirements

4.2.4.1.1 Reserved

4.2.4.1.2 Definition of lead free. For the purposes of this paragraph, the term "lead free" when used with respect to solders and flux refers to solder and flux containing not more than 0.2 percent lead; when used with respect to pipes and pipe fittings, refers to pipes and pipe fittings containing not more than 8.0 percent lead; and when used with respect to plumbing fittings and fixtures intended by the manufacturer to dispense water for human ingestion refers to fittings and fixtures that are in compliance with standards established in accordance with 42 U.S.C. 300g-6(e).

4.2.4.1.3 The owner shall review, correct and complete the public notice and return it to the Division within seventy-two (72) hours with approval noted.

4.2.4.2 Manner of Notification

4.2.4.2.1 Notice shall be given to persons served by the PWS either by:

4.2.4.2.1.1 Three newspaper notices one ((1) for each of three (3) consecutive months and the first no later than June 19, 1988) or;

4.2.4.2.1.2 Once by mail notice with the water bill or in a separate mailing by June 19, 1988 or;

4.2.4.2.1.3 Once by hand delivery by June 19, 1988.

4.2.4.2.2 For NTNCWS, notice may be given by continuous posting. If posting is used, the notice shall be posted in a conspicuous place in the area served by the system and start no later than June 19, 1988, and continue for three (3) months.

4.2.4.3 General Content of Notice

4.2.4.3.1 Notices issued under this section shall provide a clear and readily understandable explanation of the potential sources of lead in drinking water, potential adverse health effects, reasonable available methods of mitigating known or potential lead content in drinking water, any steps the water system is taking to mitigate lead content in drinking water and the necessity for seeking alternative water supplies, if any. Use of the mandatory language in subsection 4.2.4.4 in the notice will be sufficient to explain potential adverse health effects.

4.2.4.3.2 Each notice shall also include specific advice on how to determine if materials containing lead have been used in homes or the water distribution system and how to minimize exposure to water likely to contain high levels of lead. Each notice shall be conspicuous and shall not contain unduly technical language, unduly small print, or similar problems that frustrate the purpose of the notice. Each notice shall contain the telephone number of the owner, operator or designee of the PWS as a source of additional information regarding the notice. Where appropriate, the notice shall be multi-lingual.

4.2.4.4 Mandatory Heath Effects Information: When providing the information in public notices required under subsection 4.2.4.3 on the potential adverse health effects of lead in drinking water, the owner of the water system shall include the following mandatory language specific to lead.

4.2.4.4.1 Lead: The United States Environmental Protection Agency (USEPA) sets drinking water standards and has determined that lead is a health concern at certain levels of exposure. There is currently a standard of 0.020 parts per million (ppm). Part of the purpose of this notice is to inform you of the potential adverse health effects of lead. This is being done even though your water may not be in violation of the current standard. The USEPA and others are concerned about lead in drinking water. Too much lead in the human body can cause serious damage to the brain, kidneys, nervous system and red blood cells. The greatest risk, even with short-term exposure, is to young children and pregnant women. Lead levels in your drinking water are likely to be highest:

4.2.5 Public Notification Requirements Pertaining to VOCs and MRDLs: If a CWS or NTNCWS fails to comply with an applicable MCL or MRDL level established under subsections 9.1.1 and 12.3, the water supplier shall notify persons served by the system as provided in subsection 4.2.3.

4.2.6 Public Notification Requirements Pertaining to Unregulated Contaminants:

4.2.6.1 The owner of a community water system or non-transient, non-community water system required to monitor under 40 CFR 141.40 must notify persons served by the system of the availability of the results of such sampling no later than 90 days after the monitoring results are known.

4.2.6.2 The form and manner of the public notice must follow the requirements for a Tier 3 public notice prescribed in subsection 4.2.1.3.3. The notice must also identify a person and provide the telephone number to contact for information on the monitoring results.

4.2.7 Procedures for Issuance of a Public Notice

4.2.7.1 PMCL Violation:

4.2.7.1.1 Upon notification that a condition exists as indicated in subsection 4.2.1.1, the Division shall prepare a notice in accordance with subsection 4.2.2 and a draft public notice for use in public notification by the water supply owner.

4.2.7.1.2 As soon as possible, but in no case more than twenty-four (24) hours, the Division shall forward the notice and draft notice to the water supply owner.

4.2.7.1.3 The owner shall review, correct and complete the public notice and return it to the Division within twenty-four (24) hours with approval noted.

4.2.7.1.4 The Division shall resolve any discrepancies and approve the public notice as rapidly as possible and retain the public notice until the final confirmation sample results are received.

4.2.7.1.5 Upon receipt of the confirmation sampling results, the Division shall determine if a public notice is warranted and shall return the approved public notice to the owner for appropriate public notification.

4.2.7.1.6 For all Tier 1 violations as noted in subsection 4.2.1.1 the owner shall notify the Division as soon as possible. However, the owner shall be responsible for issuing the public notice to consumers within twenty-four (24) hours.

4.2.7.2 Other Violations or Circumstances Requiring Public Notification:

4.2.7.2.1 Upon notification that a condition exists as indicated in subsections 4.2.1.2. and 4.2.1.3, the Division shall initiate the preparation of a draft public notice and notice if appropriate.

4.2.7.2.2 As soon as possible, but in no case more than seventy-two (72) hours, the Division shall forward a copy of the draft public notice with attached notice, if applicable, to the water supply owner.

4.2.7.2.3 The owner shall review, correct and complete the public notice and return it to the Division within seventy-two (72) hours with approval noted.

4.2.7.2.4 The Division shall resolve any discrepancies and approve the public notice as rapidly as possible.

4.2.7.2.5 The Division shall then return the approved public notice to the owner for appropriate public notification.

20 DE Reg. 555 (01/01/17)

 

5.0 Record Maintenance:

5.1 Retaining Records:

5.1.1 Effective upon the adoption of these Regulations, any owner or operator of a PWS shall accumulate and make available to the Division within the time stated the following records which shall be retained on the premises or at a convenient location:

5.1.1.1 Records of microbiological analyses and turbidity analyses made pursuant to these regulations shall be kept for not less than five (5) years.

5.1.1.2 Chemical analyses records for not less than ten (10) years.

5.1.1.3 Actual laboratory reports may be kept, or data may be transferred to tabular summaries, or scanned copies of results, provided that the following information is included:

5.1.1.3.1 The date, place and time of sampling and the name of the person who collected the sample;

5.1.1.3.2 Identification of the sample as to whether it was a routine distribution system sample, check sample, raw or process water sample or other special purpose sample;

5.1.1.3.3 Date of analysis;

5.1.1.3.4 Laboratory and person responsible for performing analysis;

5.1.1.3.5 The analytical technique/method used and;

5.1.1.3.6 The results of the analysis.

5.1.1.4 Records of action taken by the system to correct violations of PMCL regulations shall be kept for a period not less than three (3) years after the last action taken with respect to the particular violation involved.

5.1.1.5 Reports, summaries and communications relating to sanitary surveys shall be kept for a period not less than ten (10) years after completion of the sanitary survey of the system conducted by the system itself, by a private consultant or by any local, State or Federal agency.

5.1.1.6 Copies of monitoring plans developed pursuant to these regulations shall be kept for the same period of time as the records of analyses taken under the plan are required to be kept under subsection 5.1.1.1 except as specified elsewhere in these regulations.

5.1.1.7 Copies of Public Notices, Consumer Confidence Reports, the certifications for each, and any decisions by the Division relating to the Public Notice shall be kept for five (5) years.

5.1.1.8 Any decisions made pursuant to the provisions of Sections 14.0 and 15.0.

5.1.1.8.1 IDSE monitoring plans, plus any modifications required by the Division, must be kept until replaced by approved IDSE reports.

5.1.1.8.2 IDSE reports and 40/30 certifications, plus any modifications required by the Division, must be kept until replace or revised in their entirety.

5.1.1.8.3 Operational evaluations submitted by a system must be kept for 10 years following submission.

5.2 Records Kept by Division:

5.2.1 Records of microbiological analyses of repeat or special samples shall be retained for not less than one (1) year in the form of actual laboratory reports or in an appropriate summary form. Records of each of the following decisions made pursuant to the total coliform provisions shall be made in writing and retained by the Division.

5.2.1.1 Records of the following decisions must be retained for five (5) years:

5.2.1.1.1 Any decision to waive the twenty-four (24) hour time limit for collecting repeat samples after a total coliform positive routine sample if the public water system has a logistical problem in collecting the repeat sample that is beyond the system's control, and what alternative time limit the system must meet.

5.2.1.1.2 Any decision to allow a system to waive the requirement for five (5) routine samples the month following a total coliform-positive sample. If the waiver decision is made, the record of the decision must contain all items listed in that paragraph.

5.2.1.1.3 Any decision to invalidate a total coliform-positive sample. If the decision to invalidate a total coliform positive sample is made, the record of the decision must contain all the items in that paragraph.

5.2.1.2 Records of each of the following decisions must be retained in such a manner so that each system's current status may be determined:

5.2.1.2.1 Any decision to reduce the total coliform monitoring frequency for a CWS serving one thousand (1000) persons or fewer, that has no history of total coliform contamination in its current configuration and had a sanitary survey conducted within the last five (5) years showing that the system is supplied solely by a protected ground water source and is free of sanitary defects, to less than once per month and what the reduced monitoring frequency is. A copy of the reduced monitoring frequency must be provided to the system.

5.2.1.2.2 Any decision to reduce the total coliform monitoring frequency for a NCWS using only ground water and serving one thousand (1000) persons or fewer to less than once per quarter, and what the reduced monitoring frequency is. A copy of the reduced monitoring frequency must be provided to the system.

5.2.1.2.3 Any decision to reduce the total coliform monitoring frequency for a NCWS using only ground water and serving more than one thousand (1000) persons during any month the system serves one thousand (1000) persons or fewer. A copy of the reduced monitoring frequency must be provided to the system.

5.2.1.2.4 Any decision to waive the twenty-four hour limit for taking a total coliform sample for a PWS which uses surface water, or ground water under the influence of surface water, and which does not practice filtration, and which measures a source water turbidity level exceeding one (1) NTU near the first service connection.

5.2.1.2.5 Any decision that a NCWS is using only protected and disinfected ground water and therefore may reduce the frequency of its sanitary survey to less than once every five (5) years and what that frequency is. A copy of the reduced frequency must be provided to the system.

5.2.1.2.6 A list of agents other than the Division, if any, approved by the Division to conduct sanitary surveys.

5.2.1.2.7 Any decision to allow a PWS to forgo fecal coliform or E. coli testing on a total coliform positive sample if that system assumes that the total coliform positive sample is fecal coliform positive or E. coli positive.

 

6.0 Consumer Confidence Reports:

6.1 Purpose and applicability:

6.1.1 This section establishes the minimum requirements for the content of annual reports that community water systems must deliver to their customers. These reports must contain information on the quality of the water delivered by the systems and characterize the risks (if any) from exposure to contaminants detected in the drinking water in an accurate and understandable manner.

6.1.1.1 This section applies only to community water systems.

6.1.1.2 For purposes of this section, customers are defined as billing units or service connections to which water is delivered by a community water system.

6.1.1.3 For purposes of this section, detected means: at or above the levels prescribed by 40 CFR 141.23(a)(4) for inorganic contaminants, at or above the levels prescribed by 40 CFR 141.24(f)(7) for the contaminants listed in subsection 9.2.1.3, at or above the level prescribed by 40 CFR 141.24(h)(18) for the contaminants listed in subsection 9.2.1.1, and at or above the levels prescribed by 40 CFR 141.25(c) for radioactive contaminants.

6.2 Effective dates:

6.2.1 The regulations in this section shall take effect on September 18, 1998.

6.2.1.1 Each existing community water system must deliver its first report by October 19, 1999, its second report by July 1, 2000, and subsequent reports by July 1 annually thereafter. The first report must contain data collected during, or prior to, calendar year 1998 as prescribed in subsection 6.3.4. Each report thereafter must contain data collected during, or prior to, the previous calendar year.

6.2.1.2 A new community water system must deliver its first report by July 1 of the year after its first full calendar year in operation and annually thereafter.

6.2.1.3 A community water system that sells water to another community water system must deliver the applicable information required in subsection 6.3.3 to the buyer system:

6.2.1.3.1 No later than April 19, 1999, by April 1, 2000, and by April 1 annually thereafter; or,

6.2.1.3.2 On a date mutually agreed upon by the seller and the purchaser and specifically included in a contract between the parties.

6.3 Content of the reports: Each community water system must provide to its customers an annual report that contains the information specified in this section and subsection 6.3.4.

6.3.1 Each community water system must provide to its customers an annual report that contains the information specified in this section and subsection 6.3.4.

6.3.2 Information on the source of the water delivered:

6.3.2.1 Each report must identify the source(s) of the water delivered by the community water system by providing information on:

6.3.2.1.1 The type of the water: e.g., surface water, ground water; and

6.3.2.1.2 The commonly used name (if any) and location of the body (or bodies) of water.

6.3.2.2 If a source water assessment has been completed, the report must notify consumers of the availability of this information and the means to obtain it. In addition, systems are encouraged to highlight in the report significant sources of contamination in the source water area if they have readily available information. Where a system has received a source water assessment from the Division, the report must include a brief summary of the system's susceptibility to potential sources of contamination, using language provided by the Division or written by the operator.

6.3.3 Definitions.

6.3.3.1 Each report must include the following definitions:

6.3.3.1.1 Maximum Contaminant Level Goal or MCLG: The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.

6.3.3.1.2 Maximum Contaminant Level or MCL: The highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology.

6.3.3.2 A report for a community water system operating under a variance or exemption issued under sections 1415 or 1416 of the Safe Drinking Water Act must include the following definition: Variances and Exemptions: Division or EPA permission not to meet an MCL or a treatment technique under certain conditions.

6.3.3.3 A report which contains data on a contaminant for which the Division has set a treatment technique or an action level must include one or both of the following definitions as applicable:

6.3.3.3.1 Treatment Technique: A required process intended to reduce the level of a contaminant in drinking water.

6.3.3.3.2 Action Level: The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow.

6.3.3.3.3 Maximum Residual Disinfectant Level Goal or MRDLG: The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.

6.3.3.3.4 Maximum Residual Disinfectant Level or MDRDL: The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control microbial contaminants.

6.3.3.4 A report that contains information regarding a Level 1 or Level 2 Assessment required under subsection 7.4 must include the applicable definitions:

6.3.3.4.1 Level 1 Assessment: A Level 1 assessment is a study of the water system to identify potential problems and determine (if possible) why total coliform bacteria have been found in our water system.

6.3.3.4.2 Level 2 Assessment: A Level 2 assessment is a very detailed study of the water system to identify potential problems and determine (if possible) why an E. coli MCL violation has occurred and/or why total coliform bacteria have been found in our water system on multiple occasions.

6.3.4 Information on Detected Contaminants.

6.3.4.1 This subsection specifies the requirements for information to be included in each report for contaminants subject to mandatory monitoring (except Cryptosporidium). It applies to:

6.3.4.1.1 Contaminants subject to an MCL, MRDL, action level, or treatment technique (regulated contaminants);

6.3.4.1.2 Contaminants for which monitoring is required by 40 CFR 141.40 (unregulated contaminants);

6.3.4.1.3 Unregulated contaminants for which the US EPA has developed and published a health advisory; and

6.3.4.2 The data relating to these contaminants must be displayed in one table or in several adjacent tables. Any additional monitoring results which a community water system chooses to include in its report must be displayed separately.

6.3.4.3 The data must be derived from data collected to comply with EPA and State monitoring and analytical requirements during calendar year 1998 for the first report and subsequent calendar years thereafter except that:

6.3.4.3.1 Where a system is allowed to monitor for regulated contaminants less often than once a year, the table(s) must include the date and results of the most recent sampling and the report must include a brief statement indicating that the data presented in the report are from the most recent testing done in accordance with the regulations. No data older than 5 years need be included.

6.3.4.4 For detected regulated contaminants (listed in subsection 6.6), the table(s) must contain:

6.3.4.4.1 The MCL for that contaminant expressed as a number equal to or greater than 1.0 (as provided in subsection 6.6);

6.3.4.4.2 The MCLG for that contaminant expressed in the same units as the MCL;

6.3.4.4.3 If there is no MCL for a detected contaminant, the table must indicate that there is a treatment technique, or specify the action level, applicable to that contaminant, and the report must include the definitions for treatment technique and/or action level, as appropriate, specified in subsection 6.3.3;

6.3.4.4.4 For contaminants subject to an MCL, except turbidity and total coliforms, the highest contaminant level used to determine compliance with an NPDWR and the range of detected levels, as follows:

6.3.4.4.4.1 When compliance with the MCL is determined annually or less frequently: The highest detected level at any sampling point and the range of detected levels expressed in the same units as the MCL.

6.3.4.4.4.2 When compliance with the MCL is determined by calculating a running annual average of all samples taken at a monitoring location: the highest average of any of the monitoring locations and the range of all monitoring locations expressed in the same units as the MCL. For the MCLs for TTHM and HAA5 in subsection 9.2.1.2, systems must include the highest locational running annual average for TTHM and HAA5 and the range of individual sample results for all monitoring locations expressed in the same units as the MCL. If more than one location exceeds TTHM or HAA5 MCL, the system must include the locational running annual average for all locations that exceed the MCL.

6.3.4.4.4.3 When compliance with the MCL is determined on a system-wide basis by calculating a running annual average of all samples at all monitoring locations: the average and range of detection expressed in the same units as the MCL. The system is required to include individual sample results for the IDSE conducted under Section 13.0 when determining the range of the TTHM and HAA5 results to be reported in the annual consumer confidence report for the calendar year that the IDSE samples were taken.

Note to subsection 6.3.4.4.4: When rounding of results to determine compliance with the MCL is allowed by the regulations, rounding should be done prior to multiplying the results by the factor listed in subsection 6.6;

6.3.4.4.5 For turbidity.

6.3.4.4.5.1 When it is reported pursuant to subsection 16.4: The highest average monthly value.

6.3.4.4.5.2 When it is reported pursuant to the requirements of 40 CFR 141.71: the highest monthly value. The report should include an explanation of the reasons for measuring turbidity.

6.3.4.4.5.3 When it is reported pursuant to subsections 16.4, 17.0 or 16.4.4: The highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits specified in subsections 16.4, 17.0 or 16.4.4 for the filtration technology being used. The report should include an explanation of the reasons for measuring turbidity;

6.3.4.4.6 For lead and copper: the 90th percentile value of the most recent round of sampling and the number of sampling sites exceeding the action level;

6.3.4.4.7 For total coliform analytical results until December 31, 2015:

6.3.4.4.7.1 The highest monthly number of positive samples for systems collecting fewer than 40 samples per month; or

6.3.4.4.7.2 The highest monthly percentage of positive samples for systems collecting at least 40 samples per month;

6.3.4.4.8 For fecal coliform and E. coli until December 31, 2015: The total number of positive samples; and

6.3.4.4.9 The likely source(s) of detected contaminants to the best of the operator's knowledge. Specific information regarding contaminants may be available in sanitary surveys and source water assessments, and should be used when available to the operator. If the operator lacks specific information on the likely source, the report must include one or more of the typical sources for that contaminant listed in subsection 6.6 that is most applicable to the system.

6.3.4.4.10 For E. coli analytical results under subsection 7.4: The total number of positive samples.

6.3.4.5 If a community water system distributes water to its customers from multiple hydraulically independent distribution systems that are fed by different raw water sources, the table should contain a separate column for each service area and the report should identify each separate distribution system. Alternatively, systems could produce separate reports tailored to include data for each service area.

6.3.4.6 The table(s) must clearly identify any data indicating violations of MCLs, MRDLs or treatment techniques and the report must contain a clear and readily understandable explanation of the violation including: the length of the violation, the potential adverse health effects, and actions taken by the system to address the violation. To describe the potential health effects, the system must use the relevant language of subsection 6.6.

6.3.4.7 For detected unregulated contaminants for which monitoring is required (except Cryptosporidium), the table(s) must contain the average and range at which the contaminant was detected. The report may include a brief explanation of the reasons for monitoring for unregulated contaminants.

6.3.5 Information on Cryptosporidium, radon, and other contaminants:

6.3.5.1 If the system has performed any monitoring for Cryptosporidium, including monitoring performed to satisfy the requirements of 40 CFR 141.143, which indicates that Cryptosporidium may be present in the source water or the finished water, the report must include:

6.3.5.1.1 A summary of the results of the monitoring; and

6.3.5.1.2 An explanation of the significance of the results.

6.3.5.2 If the system has performed any monitoring for radon which indicates that radon may be present in the finished water, the report must include:

6.3.5.2.1 The results of the monitoring; and

6.3.5.2.2 An explanation of the significance of the results.

6.3.5.3 If the system has performed additional monitoring which indicates the presence of other contaminants in the finished water, EPA strongly encourages systems to report any results which may indicate a health concern. To determine if results may indicate a health concern, EPA recommends that systems find out if EPA has proposed an NPDWR or issued a health advisory for that contaminant by calling the Safe Drinking Water Hotline (800-426-4791). EPA considers detects above a proposed MCL or health advisory level to indicate possible health concerns. For such contaminants, EPA recommends that the report include:

6.3.5.3.1 The results of the monitoring; and

6.3.5.3.2 An explanation of the significance of the results noting the existence of a health advisory or a proposed regulation.

6.3.6 Compliance with NPDWR. In addition to the requirements of subsection 6.3.4.6, the report must note any violation that occurred during the year covered by the report of a requirement listed below, and include a clear and readily understandable explanation of the violation, any potential adverse health effects, and the steps the system has taken to correct the violation.

6.3.6.1 Monitoring and reporting of compliance data;

6.3.6.2 Filtration and disinfection prescribed by Section 16.0. For systems which have failed to install adequate filtration or disinfection equipment or processes, or have had a failure of such equipment or processes which constitutes a violation, the report must include the following language as part of the explanation of potential adverse health effects: Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.

6.3.6.3 Lead and copper control requirements prescribed by Section 10.0. For systems which fail to take one or more actions prescribed by subsections 10.1.2, 10.2, 10.3, 10.4, and 10.5, the report must include the applicable language of 6.6 for lead, copper, or both.

6.3.6.4 Treatment techniques for Acrylamide and Epichlorohydrin prescribed by subsection 9.3.3. For systems which violate the requirements of subsection 9.3.3, the report must include the relevant language from 6.6.

6.3.6.5 Recordkeeping of compliance data.

6.3.6.6 Special monitoring requirements prescribed by 40 CFR sections 141.40 and 141.41; and

6.3.6.7 Violation of the terms of a bilateral compliance agreement, or an administrative or judicial order.

6.3.6.7.1 A brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the bilateral compliance agreement, administrative or judicial order.

6.3.7 Additional information:

6.3.7.1 The report must contain a brief explanation regarding contaminants which may reasonably be expected to be found in drinking water including bottled water. This explanation may include the language of subsections 6.3.8.1 through 6.3.8.1.3 or systems may use their own comparable language. The report also must include the language of subsection 6.3.8.1.4.

6.3.7.1.1 The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.

6.3.7.1.2 Contaminants that may be present in source water include:

6.3.7.1.2.1 Microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.

6.3.7.1.2.2 Inorganic contaminants, such as salts and metals, which can be naturally-occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.

6.3.7.1.2.3 Pesticides and herbicides, which may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses.

6.3.7.1.2.4 Organic chemical contaminants, including synthetic and volatile organic chemicals, which are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, and septic systems.

6.3.7.1.2.5 Radioactive contaminants, which can be naturally-occurring or be the result of oil and gas production and mining activities.

6.3.7.1.3 In order to ensure that tap water is safe to drink, EPA prescribes regulations which limit the amount of certain contaminants in water provided by public water systems. FDA regulations establish limits for contaminants in bottled water which must provide the same protection for public health.

6.3.7.1.4 Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency's Safe Drinking Water Hotline (800-426-4791).

6.3.7.2 The report must include the telephone number of the owner, operator, or designee of the community water system as a source of additional information concerning the report.

6.3.7.3 In communities with a large proportion of non-English speaking residents, as determined by the Division, the report must contain information in the appropriate language(s) regarding the importance of the report or contain a telephone number or address where such residents may contact the system to obtain a translated copy of the report or assistance in the appropriate language.

6.3.7.4 The report must include information (e.g., time and place of regularly scheduled board meetings) about opportunities for public participation in decisions that may affect the quality of the water.

6.3.7.5 The systems may include such additional information as they deem necessary for public education consistent with, and not detracting from, the purpose of the report.

6.3.7.6 Systems required to comply with Section 8.0 Ground Water Rule.

6.3.7.6.1 Any ground water system that receives notice from the Division of a significant deficiency or notice from a laboratory of a fecal indicator-positive ground water source sample that is not invalidated by the Division under subsection 8.3.4 must inform its customers of any significant deficiency that is uncorrected at the time of the next report or of any fecal indicator-positive ground water source sample in the next report. The system must continue to inform the public annually until the Division determines that particular significant deficiency is corrected or the fecal contamination in the ground water source is addressed under subsection 8.4.1. Each report must include the following elements.

6.3.7.6.1.1 The nature of the particular significant deficiency or the source of the fecal contamination (if the source is known) and the date the significant deficiency was identified by the Division or the dates of the fecal indicator-positive ground water source samples;

6.3.7.6.1.2 If the fecal contamination in the ground water source has been addressed under subsection 8.4.1 and the date of such action;

6.3.7.6.1.3 For each significant deficiency or fecal contamination in the ground water source that has not been addressed under subsection 8.4.1, the Division-approved plan and schedule for correction, including interim measures, progress to date, and any interim measures completed; and

6.3.7.6.1.4 If the system receives notice of a fecal indicator-positive ground water source sample that is not invalidated by the division under subsection 8.3.4, the potential health effects using the health effects language of subsection 6.6.

6.3.7.6.2 If directed by the Division, a system with significant deficiencies that have been corrected before the next report is issued must inform its customers of the significant deficiency, how the deficiency was corrected, and the date of the correction under subsection 6.3.7.6.1.

6.3.7.7 Systems required to comply with subsection 7.4 Revised Total Coliform Rule

6.3.7.7.1 Any system required to comply with the Level 1 assessment requirement or the Level 2 assessment requirement that is not due to an E. coli MCL violation must include in the report the text found subsection 6.3.7.7.1.1 and subsections 6.3.7.7.1.2 and 6.3.7.7.1.3 as appropriate, filling in the blanks accordingly and the text found in subsections 6.3.7.7.1.4.1 and 6.3.7.7.1.4.2 if appropriate.

6.3.7.7.1.1 Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful, waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct any problems that were found during these assessments.

6.3.7.7.1.2 During the past year we were required to conduct [INSERT NUMBER OF LEVEL 1 ASSESSMENTS] Level 1 assessment(s). [INSERT NUMBER OF LEVEL 1 ASSESSMENTS] Level 1 assessment(s) were completed. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.

6.3.7.7.1.3 During the past year [INSERT NUMBER OF LEVEL 2 ASSESSMENTS] Level 2 assessments were required to be completed for our water system. [INSERT NUMBER OF LEVEL 2 ASSESSMENTS] Level 2 assessment(s) were completed. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.

6.3.7.7.1.4 Any system that has failed to complete all of the required assessments or correct all identified sanitary defects, is in violation of the treatment technique requirement and must also include one or both of the following statements, as appropriate:

6.3.7.7.1.4.1 During the past year we failed to conduct all of the required assessment(s).

6.3.7.7.1.4.2 During the past year we failed to correct all identified defects that were found during the assessment.

6.3.7.7.2 Any system required to conduct a Level 2 assessment due to an E. coli MCL violation must include in the report the text found in subsections 6.3.7.7.2.1 and 6.3.7.7.2.2, filling in the blanks accordingly and the text found in subsections 6.3.7.7.2.3.1 and 6.3.7.7.2.3.2, if appropriate.

6.3.7.7.2.1 E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems. We found E. coli bacteria, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct any problems that were found during these assessments.

6.3.7.7.2.2 We were required to complete a Level 2 assessment because we found E. coli in our water system. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.

6.3.7.7.2.3 Any system that has failed to complete the required assessment or correct all identified sanitary defects, is in violation of the treatment technique requirement and must also include one or both of the following statements, as appropriate:

6.3.7.7.2.3.1 We failed to conduct the required assessment.

6.3.7.7.2.3.2 We failed to correct all sanitary defects that were identified during the assessment that we conducted.

6.3.7.7.3 If a system detects E. coli and has violated the E. coli MCL, in addition to completing the table as required in subsection 6.3.4.4, the system must include one or more of the following statements to describe any noncompliance, as applicable:

6.3.7.7.3.1 We had an E. coli-positive repeat sample following a total coliform-positive routine sample.

6.3.7.7.3.2 We had a total coliform-positive repeat sample following an E. coli-positive routine sample.

6.3.7.7.3.3 We failed to take all required repeat samples following an E. coli-positive routine sample.

6.3.7.7.3.4 We failed to test for E. coli when any repeat sample tests positive for total coliform.

6.3.7.7.4 If a system detects E. coli and has not violated the E. coli MCL, in addition to completing the table as required in subsection 6.3.4.4, the system may include a statement that explains that although they have detected E. coli they are not in violation of the E. coli MCL.

6.4 Required additional health information:

6.4.1 All reports must prominently display the following language:

Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. EPA/CDC guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (800-426-4791).

6.4.2 Ending in the reports due by July 1, 2001 a system which detects arsenic at levels above 0.025 mg/L, but below 0.05 mg/L and beginning in the report due by July 1, 2002 a system that detects arsenic above 0.005 mg/L and up to and including 0.010 mg/L:

6.4.2.1 Must include in its report a short informational statement about arsenic, using language such as: While your drinking water meets EPA’s standard for arsenic, it does contain low levels of arsenic. EPA’s standard balances the current understanding of arsenic’s possible health effects against the costs of removing arsenic from drinking water. EPA continues to research the health effects of low levels of arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects such as skin damage and circulatory problems.

6.4.2.2 May write its own educational statement, but only in consultation with the Division.

6.4.3 A system which detects nitrate at levels above 5 mg/l, but below the MCL:

6.4.3.1 Must include a short informational statement about the impacts of nitrate on children using language such as: Nitrate in drinking water at levels above 10 ppm is a health risk for infants of less than six months of age. High nitrate levels in drinking water can cause blue baby syndrome. Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity. If you are caring for an infant you should ask advice from your health care provider.

6.4.3.2 May write its own educational statement, but only in consultation with the Division.

6.4.4 Every report must include the following lead-specific information:

6.4.4.1 A short informational statement about lead in drinking water and its effects on children. The statement must include the following information:

If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. [NAME OF UTILITY] is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead.

6.4.4.2 A system may write its own educational statement, but only in consultation with the Division.

6.4.5 Community water systems that detect TTHM above 0.080 mg/L, but below the MCL in subsection 9.2.1.2 as an annual average, monitored and calculated under the provisions of 40 CFR section 141.30, must include health effects language for TTHMs prescribed in subsection 6.6.

6.5 Report delivery and recordkeeping:

6.5.1 Except as provided in subsection 6.5.7, each community water system must mail or otherwise directly deliver one copy of the report to each customer.

6.5.2 The system must make a good faith effort to reach consumers who do not get water bills, using means recommended by the Division. EPA expects that an adequate good faith effort will be tailored to the consumers who are served by the system but are not bill-paying customers, such as renters or workers. A good faith effort to reach consumers would include a mix of methods appropriate to the particular system such as: Posting the reports on the Internet; mailing to postal patrons in metropolitan areas; advertising the availability of the report in the news media; publication in a local newspaper; posting in public places such as cafeterias or lunch rooms of public buildings; delivery of multiple copies for distribution by single-biller customers such as apartment buildings or large private employers; delivery to community organizations.

6.5.3 No later than the date the system is required to distribute the report to its customers, each community water system must mail a copy of the report to the Division, followed within ten (10) days by a certification that the report has been distributed to customers, and that the information is correct and consistent with the compliance monitoring data previously submitted to the Division.

6.5.4 No later than the date the system is required to distribute the report to its customers, each community water system must deliver the report to any other agency or clearinghouse identified by the Division.

6.5.5 Each community water system must make its reports available to the public upon request.

6.5.6 Each community water system serving 100,000 or more persons must post its current year’s report to a publicly-accessible site on the Internet.

6.5.7 Community water systems serving fewer than 10,000 persons may forego the requirements under subsection 6.5.2 if they comply with the following:

6.5.7.1 Such systems must:

6.5.7.1.1 Publish the reports in one or more local newspapers serving the area in which the system is located;

6.5.7.1.2 Inform the customers that the reports will not be mailed, either in the newspapers in which the reports are published or by other means approved by the Division; and

6.5.7.1.3 Make the reports available to the public upon request.

6.5.7.2 Systems serving 500 or fewer persons may forego the requirements of subsections 6.5.7.1 and 6.5.7.2 if they provide notice at least once per year to their customers by mail, door-to-door delivery or by posting in an appropriate location that the report is available upon request.

6.5.8 Any system subject to this section must retain copies of its consumer confidence report for no less than 5 years.

6.6 Consumer Confidence Report Requirements for Regulated Contaminants

 

Appendix a to Section 6.0 - regulated contaminants

Fecal coliforms and E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause short term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, the elderly, and people with severely-compromised immune systems.
Routine and repeat samples are total coliform-positive and either is E. coli-positive or system fails to take repeat samples following E. coli-positive routine sample or system fails to analyze total coliform—positive repeat sample for E. coli.
Routine and repeat samples are total coliform-positive and either is E. coli-positive or system fails to take repeat samples following E. coli-positive routine sample or system fails to analyze total coliform—positive repeat sample for E. coli.
E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, the elderly, and people with severely-compromised immune systems.