DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Public Health

Office of Drinking Water

Statutory Authority: 16 Delaware Code,Section 122(3)(c) (16 Del.C. 122(3)(c))

FINAL

IN THE MATTER OF: |

REVISION OF STATE OF DELAWARE |

REGULATIONS GOVERNING PUBLIC |

DRINKING WATER SYSTEMS |

Regulations Governing Public Drinking Water Systems

NATURE OF THE PROCEEDINGS:

FINDINGS OF FACT

3/5/99

Gregg C. Sylvester, Secretary

Summary of Evidence

Report

State Presentation

Mr. Hallock presented the State’s presentation as follows:

Hearing Exhibits:

Public Questions

Public Comment

Recommendations

John J. Beaman, Hearing Officer

February 23, 1999

SUMMARY OF COMMENTS

STATE OF DELAWARE

REGULATIONS GOVERNING

PUBLIC DRINKING WATER SYSTEMS

* Please Note: Due to space limitations the table of contents is not being reprinted. The table of contents is available from the Department of Health and Social Services.

SECTION 22.1 DEFINITIONS

22.101 "Action Level" means the concentration of lead or copper in water specified in Section 22.607A1a & b which determines, in some cases, the treatment requirements contained in Section 22.607 that a water system is required to complete.

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

22.103 "Approved" means approved by the Division.

22.104 "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.

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

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

22.107 "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.

22.108 "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.

22.109 "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.

22.110 "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.

22.111 "Consecutive Water Supply" means a public water system that obtains all of its water from, but is not owned or operated by, a public water system to which such Regulations apply and alters the purchased water by some type of treatment, resells the purchased water to its customer, or furnishes water to an interstate carrier. The Division may opt to accept a consecutive supply as a single system for monitoring purposes.

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

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

22.114 "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.

22.115 "CT or CTcalc" means the product of the residual disinfectant concentration (C) (22.161) in milligrams per liter (mg/L) determined before or at the first customer, and the corresponding disinfectant contact time (T) (22.120) 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.

22.116 "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.

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

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

22.119 "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).

22.120 "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.

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

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

22.123 "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.

22.124 "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.

22.125 "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.

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

22.127 "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.

22.128 "Exemption" means an allowance to deviate from or to exceed a maximum contaminant level requirement or treatment technique requirement for a specific period of time (see Section 22.203). In order for a system to qualify for an exemption, the system must be in operation on the date of adoption of any maximum contaminant level or treatment technique requirement.

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

22.130 "First Draw Sample" means a one (1) liter sample of tap water, collected in accordance with Section 22.607G2b, that has been standing in plumbing pipes at least six (6) hours and is collected without flushing the tap.

22.131 "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.

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

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

22.134 "Ground Water Under the Direct Influence of Surface Water" means any water beneath the surface of the ground with significant occurrence of insects or other microorganisms, algae, or large diameter pathogens such as Giardia lamblia, 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.

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

22.136 "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.

22.137 "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.

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

22.139 "Lead Service Line" means a service line made of lead which connects the watermain to the building inlet and any lead pigtail, gooseneck or other fitting which is connected to such lead line.

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

22.141 "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.

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

22.143 "Maximum Total Trihalomethane Potential (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.

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

22.145 "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.

22.146 "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.

22.147 "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.

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

22.149 "Picocurie (pCi)" means the quantity of radioactive material producing 2.22 nuclear transformations per minute.

22.150 "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.

22.151 "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.

22.152 "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.

22.153 "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.

22.154 "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.

22.155 "Primary Maximum Contaminant Level (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; aldicarb; aldicarb sulfone; aldicarb sulfoxide; 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 expoxide; 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 choride; total xylenes and radioactivity (see Section 22.9).

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

22.157 "Public Water System (PWS)" means a water supply system for the provision to the public of piped 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. For the purpose of this definition, consecutive water supplies which do not adversely affect the chemical, physical or bacteriological quality of the water are excluded. Such terms includes (1) any collection, treatment, storage and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Public water systems are classified as follows:

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

22.159 "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.

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

22.161 "Residual Disinfectant Concentration (C)" means the concentration of disinfectant measured in mg/L in a representative sample of water.

22.162 "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. Sanitary surveys are classified as follows:

22.163 "Secondary Maximum Contaminant Level (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.

22.164 ["Secretary, Delaware Health and Social Services" means the agency defined in Title 29, Section (b), Delaware Code.]

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

[22.165] [22.166] "Service Connection" means a water line to a dwelling unit or building.

[22.166] [22.167] "Service Line Sample" means a one (1) liter sample of water collected in accordance with Section 22.607G2c that has been standing for at least six (6) hours in a service line.

[22.167] [22.168] "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.

[22.168] [22.169] "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.

[22.169] [22.170] "Small Water System" means a water system that served 3,300 persons or fewer.

[22.170] [22.171] "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.

[22.171] [22.172] "Standard Sample" means the sample size for bacteriological testing and shall consist of:

[22.172 "State Board of Health" means the agency defined in Title 29, Section (b), Delaware Code.]

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

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

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

22.176 "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.

22.177 "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.

22.178 "Total Trihalomethanes (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.

22.179 "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.

22.180 "Trihalomethanes (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.

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

22.182 "Variance" means an allowance to deviate from or to exceed an MCL requirement or treatment technique requirement when necessary treatment techniques are not available (see Section 22.202).

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

22.184 "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).

22.185 "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.

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

22.187 "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.

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

22.202 "Variance:

22.203 "Exemption

22.204 Variances and Exemptions from MCLs for VOCs

22.205 Public Hearing: Before a variance or exemption granted pursuant to Sections 22.202 and 22.203 may take effect, the [State Board of Health][Secretary, Delaware Health and Social Services] shall provide notice and opportunity for public hearing on the variance or exemption. A notice given pursuant to the preceding sentence may cover the granting of more than one variance or exemption and hearing held pursuant to such notice shall include each of the variances and exemptions covered by the notice. Public notice of an opportunity for hearing on a variance or exemption shall be circulated in a manner designed to inform interested and potentially interested persons of the proposed variance or exemption. Notification shall include posting of a notice in the principal post office of each municipality or area served by the PWS and publishing of a notice in a newspaper or newspapers or general circulation in the area served by the PWS. Such notice shall include a summary of the proposed variance or exemption and shall inform interested persons that they may request a public hearing on the proposed variance or exemption. Requests must be submitted in writing to the [State Board of Health][Secretary, Delaware Health and Social Services] within thirty (30) days after issuance of the public notices. Information needed in the formal hearing request will be listed on the public notice. Upon receipt of one or more formal hearings requests, the [State Board of Health][Secretary, Delaware Health and Social Services] will give notice as set forth in this Section, of any hearings to be held. Notice shall also be sent to the person or persons requesting the hearing. Notice shall include pertinent information on the subject to be covered along with dates, times and telephone numbers of agencies and people involved. The disposition of the variance or exemption shall become effective thirty (30) days after notice of opportunity for hearing is given, if no request for hearing submitted and the [State Board of Health][Secretary, Delaware Health and Social Services] does not determine to hold a public hearing on its own motion.

22.206 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.

22.207 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.

22.208 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.

22.209 Enforcement of Regulations: All PWSs must be operated in compliance with the requirements as set forth in these Regulations.

22.210 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 [State Board of Health][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.

22.211 Plans and Specifications: No person shall construct a new PWS or alter an existing PWS until two (2) copies of plans and specifications have been submitted to and approved by the Division. 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. 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.

22.212 Siting Requirements: 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:

22.213 Approved Laboratory: For the purpose of determining compliance with Sections 22.5, 22.6, 22.7 and 22.9, samples may be considered only if they have been analyzed by the Division, EPA, or an approved laboratory, except that measurements for turbidity, free chlorine residual, temperature and pH may be performed by any person acceptable to the Division.

22.214 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.

22.215 Required Sampling, Monitoring or Analyses: 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.

22.216 Date of Effect: These Regulations shall become effective on December 10, 1993.

22.301 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 22.5 and is not already disinfecting pursuant to Section 22.802, it may be required to do so in order to meet the bacteriological standards.

22.302 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.

22.303 Approval of Water Supplies: Approval of water supplies shall be dependent in part upon:

22.304 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.

22.305 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 water system of equal or greater effect as may be proposed by a public water supplier for its own use, subject to Division approval.

22.306 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 and VOCs, which are measured at a representative entry point(s) to the water distribution system.

SECTION 22.4 REPORTING, PUBLIC NOTIFICATION AND RECORD MAINTENANCE

22.40 Reporting

22.401 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 the results of any test, measurement or analysis required by this part within:

22.402 Failure to Comply with a PMCL: Unless otherwise stipulated, the supplier of water shall report to the Division within forty-eight (48) hours the failure to comply with any Primary Drinking Water Regulations (including failure to comply with monitoring requirements).

22.403 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.

22.404 Reporting of Unregulated Contaminants: The owner or operator of a CWS or NTNCWS who is required to monitor under Section 22.621, 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 Section 22.416 to the Division.

22.405 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.

22.406 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.

22.41 Public Notification

22.411 Circumstances for Public Notification: It shall be the duty and responsibility of a water supply owner to give public notification under any of the following circumstances:

22.412 Content of a Public Notice

22.413 Frequency and Distribution of Public Notification:

22.414 Public Notification Requirements Pertaining to Lead

22.415 Public Notification Requirements Pertaining to VOCs: If a CWS or NTNCWS fails to comply with an applicable MCL level established under Section 22.611, or fails to comply with requirements of any schedule prescribed pursuant to a variance or exemption, the water supplier shall notify persons served by the system as provided in Section 22.413.

22.416 Public Notification Requirements Pertaining to Unregulated Contaminants: The owner or operator shall notify persons served by the system of the availability of the results of sampling conducted under Section 26.62 by including a notice in the first set of water bills issued by the system after the receipt of the results or written notice within three months. The notice shall identify a person and supply the telephone number contact for information on monitoring results. For surface water systems, public notification is required only after the first quarter's monitoring for unregulated contaminants, with a statement that monitoring will be conducted for three (3) more quarters with the results available upon request.

22.417 Procedures for Issuance of a Public Notice

22.42 Record Maintenance:

22.421 Retaining Records: 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:

22.422 Records Kept by Division: 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.

22.5 MICRO-BIOLOGICAL REQUIREMENTS:

22.50 Sampling:

22.501 Sampling Sites: Compliance with bacteriological requirements of these Regulations shall be based on examinations of samples collected at sites which are representative of water throughout the distribution system according to a written sample siting plan. These plans are subject to Division review and revision.

22.502 CWS Sampling Frequency: The supplier of water for a CWS shall sample for total coliform bacteria at least monthly in numbers proportional to the population served by the system in accordance with the following:

Population Number of Samples

Served Per Month

25-1,000

1

1,001-2,500

2

2,501-3,300

3

3,301-4,100

4

4,101-4,900

5

4,901-5,800

6

5,801-6,700

7

6,701-7,600

8

7,601-8,500

9

8,501-12,900

10

12,901-17,200

15

17,201-21,500

20

21,501-25,000

25

25,001-33,000

30

33,001-41,000

40

41,001-50,000

50

50,001-59,000

60

59,001-70,000

70

70,001-83,000

80

83,001-96,000

90

96,001-130,000

100

130,001-220,000

120

22.503 Reduced Monitoring Frequency for CWSs: If a CWS serving twenty-five (25) to one thousand (1000) persons has no history of total coliform contamination in its current configuration and a sanitary survey conducted in the past five (5) years shows that the system is supplied solely by a protected ground water source and is free of sanitary defects, the Division may reduce the monitoring frequency specified above, except that in no case may the Division reduce the monitoring frequency to less than one (1) sample per quarter. The Division must approve the reduced monitoring frequency in writing.

22.504 NCWS Sampling Frequency: The supplier of water for a NCWS and NTNCWS shall sample for total coliform bacteria in accordance with the following:

22.505 Special Sampling for Surface Water Systems: A PWS that uses surface water or ground water under the direct influence of surface water, and does not practice filtration in compliance with Section 22.1004, must collect at least one (1) sample near the first service connection each day the turbidity level of the source water, measured as specified in Section 22.702, exceeds one (1) NTU. This sample must be analyzed for the presence of total coliforms. When one (1) or more turbidity measurements in any day exceed one (1) NTU, the system must collect this coliform sample within twenty-four (24) hours of the first exceedance, unless the Division determines that the system, for logistical reasons outside the system's control, cannot have the sample analyzed within thirty (30) hours of collection. Sample results from this coliform monitoring must be included in determining the MCL for total coliforms.

22.506 Monthly/Quarterly Sampling: The PWS must collect samples at regular time intervals throughout the month/quarter, except that a system that uses ground water (except ground water under the direct influence of surface water) and serves 4,900 persons or fewer, may collect all required samples on a single day if they are taken from different sites.

22.507 Special Purpose Samples: Special purpose samples, such as those taken to determine whether disinfection practices are sufficient following pipe placement, replacement, or repair, shall not be used to determine compliance with the MCL for total coliforms. Repeat samples taken pursuant to Section 22.513 are not considered special purpose samples, and must be used to determine compliance with the MCL for total coliforms.

22.51 Microbiological MCLs

22.511 Total Coliforms, Fecal Coliforms and E. coli: The MCLs for microbiological contaminants are in accordance with the following:

22.512 Invalidation of Total Coliform-Positive Samples: Each total coliform positive sample counts in compliance calculations, unless it has been invalidated by the Division. Invalidated samples do not count toward the minimum monitoring frequency. The Division may invalidate a sample if:

22.513 Repeat Monitoring: When a total coliform-positive sample result is obtained, repeat sampling must be done in accordance with the following:

22.514 Initial/Subsequent Sanitary Surveys: PWSs which do not collect five (5) or more routine samples/month must undergo an initial sanitary survey by June 29, 1994 for CWSs and June 29, 1999 for NCWSs. Thereafter, systems must undergo another sanitary survey every five (5) years, except that NCWSs using only protected and disinfected ground water, as defined by the Division, must undergo subsequent sanitary surveys at least every ten (10) 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. 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 SDWA, 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. Sanitary surveys must be performed by the Division and the system is responsible for ensuring the survey takes place.

22.515 Fecal Coliforms/Escherichia coli (E. coli) Testing: When a total coliform-positive sample result is obtained, the sample must be analyzed for fecal coliforms or E. coli in accordance with the following:

22.516 Response to Violation: A PWS which has exceeded the MCL for total coliforms in Section 22.511 must report the violation to the Division no later than the end of the next business day after it learns of the violation, and notify the public in accordance with Section 22.41. A PWS which has failed to comply with a coliform monitoring requirement, including the sanitary survey requirement, must report the monitoring violation to the Division within ten (10) days after the system discovers the violation, and notify the public in accordance with Section 22.41.

22.52 ANALYTICAL REQUIREMENTS

22.521 Analytical Methodology: The standard sample volume required for total coliform analysis, regardless of analytical method used, is one hundred (100) ml. Public water systems need only determine the presence or absence of total coliforms. A determination of total coliform density is not required. Public water systems must conduct total coliform analyses in accordance with one (1) of the following analytical methods:

SECTION 22.6 INORGANIC AND ORGANIC CHEMICAL REQUIREMENTS

22.60 INORGANIC CHEMICAL REQUIREMENTS

22.601 PMCLs AND SMCLs: The following are the inorganic PMCLs and SMCLs (mg/L -milligrams per liter). Compliance is determined pursuant to Section 22.602.

Antimony (Sb)

0.006 mg/L

Arsenic (As)

0.05 mg/L

Asbestos

7 MF/L

Barium (Ba)

2 mg/L

Beryllium (Be)

0.004 mg/L

Cadmium (Cd)

0.005 mg/L

Chromium (Cr)

0.1 mg/L

Cyanide (Cn)

0.2 mg/L

Fluoride (F)

See Section 22.603

Lead (Pb)

0.02 mg/L

Mercury (Hg)

0.002 mg/L

Nickel (Ni)

0.1 mg/L

Nitrate-Nitrogen (NO3-N)

10 mg/L (See Section 22.602 I3)

Nitrite-Nitrogen (NO-N)

1 mg/L

Total Nitrate Nitrogen and Nitrite Nitrogen

10 mg/L

Selenium (Se)

0.05 mg/L

Thallium (Tl)

0.002 mg/L

Turbidity

See Section 22.701

* MFL - million fibers per liter, with fiber length > 10 microns

Aluminum

0.05-0.2 mg/L

Chloride (Cl)

250 mg/L

Color

15 color units

Copper (Cu)

1 mg/L

Corrosivity

Noncorrosive (See Section22.71)

Foaming Agents

0.50 mg/L

Iron (Fe)

0.30 mg/L

Manganese (Mn)

0.05 mg/L

Odor

3 threshold odor number

pH

6.5 - 8.5

Silver

0.1 mg/L

Sulfate (SO4)

250 mg/L

Total Dissolved Solids (TDS)

500 mg/L

Zinc (Zn)

5 mg/L

Cadmium

0.01 mg/L

Chromium

0.05 mg/L

Mercury

0.002 mg/L

Nitrate

10.0 mg/L

Selenium

0.01 mg/L

Lead

0 mg/L

Copper

1.3 mg/L

22.602 SAMPLING AND ANALYTICAL REQUIREMENTS: Community water systems shall conduct monitoring to determine compliance with the maximum contaminant levels specified in Section 22.601 in accordance with this section. Non-transient, non-community water systems shall conduct monitoring to determine compliance with the maximum contaminant levels specified in Section 22.601 in accordance with this section. Transient, non-community water systems shall conduct monitoring to determine compliance with the nitrate and nitrite maximum contaminant levels in Section 22.601 in accordance with this section.

Contaminants

MCL (mg/L)

Method

Detection Limit (mg/L)

Antimony

0.006

Atomic Absorption furnace

CP-Mass Spectrometry

Hydride-Atomic Absorption

0.003

0.0008 6

0.0004

0.001

Asbestos

7MFL2

Transmission Electron

Microscopy

0.01 MFL

Barium

2

Atomic Absorption furnace

Technique

Atomic Absorption direct

aspiration

0.002

0.1

   

Inductively Coupled Plasma

0.002

(0.001) 1

Beryllium

0.004

Atomic Absorption furnace

xl

Inductively Coupled Plasma3

ICP-Mass Spectrometry

0.0002

0.00002 6

0.0003

0.0003

Cadmium

0.005

Atomic Absorption furnace

Technique

Inductively Coupled Plasma

0.0001

0.001 1

Chromium

0.1

Atomic Absorption furnace

Technique

Inductively Coupled Plasma

0.001

0.007

(0.001) 1

Cyanide

0.2

Distillation,

 
   

Spectrophotometric4

Distillation, Automated,

Spectrophotometric4

Distillation, Selective

Electrode4

Distillation, Amenable

Spectrophotometric5

0.02

0.005

0.05

0.02

Mercury

0.002

Manual Cold Vapor Technique

Automated Cold Vapor

Technique

0.0002

0.0002

Nickel

0.1

Atomic Absorption furnace

Inductively Coupled Plasma3

ICP-Mass Spectrometry

0.001

0.0006 6

0.005

0.0005

Nitrate

10

Manual Cadmium Reduction

Automated Hydrazine Reduction

Automated Cadmium Reduction

Ion Selective Electrode

Ion Chromatography

0.01

0.01

0.05

1

0.01

Nitrite

1

Spectrophotometric

Automated Cadmium Reduction

Manual Cadmium Reduction

Ion Chromatography

0.01

0.05

0.01

0.004

Selenium

0.05

Atomic Absorption furnace

Atomic Absorption gaseous hydride

0.002

0.002

Thallium

0.002

Atomic Absorption furnace

ICP-Mass Spectrometry

0.001

0.0007 6

0.0003

1 Using concentration technique in Appendix A to EPA Method 200.7.

2 MFL = million fibers per liter > 10 um.

3 Using a 2X Preconcentration step as noted in Method 200.7. Lower MDLs may be achieved when using a 4X preconcentration.

4 Screening method for total cyanides.

5 Measures "free" cyanides.

6 Lower MDLs are reported using stabilized temperature graphite furnace atomic absorption.

22.603 Fluoride (F):

22.604 Sodium (Na):

22.605 Inorganic Compliance Determination: Analysis for the purpose of determining compliance with Section 22.601 shall be in accordance with the following:

22.606 Analytical Methodology: Analyses conducted to determine compliance with Section 22.601 for inorganic chemicals shall be made in accordance with the following methods.

Contaminant

Preservative 1

Container2

Time 3

Antimony

Asbestos

Barium

Beryllium

Cadmium

Chromium

Cyanide

Fluoride

Mercury

Nickel

Nitrate:

-Chlorinated

-Non-chlorinated

Nitrite

Selenium

Thallium

Conc HNO3 to pH <2

Cool, 4 oC

Conc HNO3 to pH <2

Conc HNO3 to pH <2

Conc HNO3 to pH <2

Conc HNO3 to pH <2

Cool 4o C, NAOH to

pH >124

None

Conc HNO3 to pH <2

Conc HNO3 to pH <2

Cool, 4 oC

Conc H2SO4 to pH <2

Cool, 4 oC

Conc HNO3 to pH <2

Conc HNO3 to pH <2

P or G

P or G

P or G

P or G

P or G

P or G

P or G

P or G

P or G

P or G

P or G

P or G

P or G

P or G

P or G

P or G

6 months

6 months

6 months

6 months

6 months

14 days

1 month

28 days

6 months

28 days

14 days

48 hours

6 months

6 months

1 If HNO3 cannot be used because of shipping restrictions, sample may be initially preserved by icing and immediately shipped to the laboratory. Upon receipt in the laboratory, the sample must be acidified with conc HNO3 to pH <2. At time of analysis, sample container should be thoroughly rinsed with 1:1 HNO3; washings should be added to sample.

2 P = plastic, hard or soft; G = glass, hard or soft.

3 In all cases, samples should be analyzed as soon after collection as possible.

4 See method(s) for the informaton for preservation.

Contaminants Acceptance limit

22.607 Lead (Pb) and Copper (Cu): - Unless otherwise indicated, each of the provisions of this Section applies to CWSs and NTNCWSs. The requirements in Section (22.607) shall take effect November 9, 1992.

System size

(no.people served)

No.of sites

(standard monitoring)

No. of sites

(reduced monitoring)

>100,000

100

50

10,001-100,000

60

30

3,301 - 10,000

40

20

501 - 3,300

20

10

101 - 500

10

5

<100

5

5

System Size

(no. people served)

First six-month monitoring

period begins on

>50,000

January 1, 1992

3,301 - 50,000

July 1, 1992

<3,300

July 1, 1993

System Size

(no. people served)

No. of sites for water

quality parameters

>100,000

25

10,001-100,000

10

3,301 - 10,000

3

501 to 3,300

2

101 to 500

1

<100

1

System Size

(no. people served)

Reduced No. of sites for

water quality parameters

>100,000

10

10,001 to 100,000

7

3,301 to 10,000

3

501 to 3,300

2

101 to 500

1

<100

1

SUMMARY OF MONITORING REQUIREMENTS FOR WATER QUALITY PARAMETERS

Monitoring

Parameters

location

frequency

Initial Monitoring

pH, alkalinity,

orthophosphate or

silica, calcium

conductivity

temperature

Taps and at

entry to the

distribution

system

Every 6 months

After installation

of Corrosion Control

pH, alkalinity,

orthophosphate or

silica, calcium

Taps

Every 6 months

After Division

Specifies

Parameter Values

for Optimal

Corrosion Control

pH, alkalinity,

dosage rate and

concentration (if

alkalinity adjusted as part

of corrosion

control) inhibitor

dosage rate and

inhibitor residual

Entry point(s)to the distribution

system

Bi-weekly

Reduced Monitoring

pH, alkalinity,

orthophosphate or

silica, calcium

Taps

Every 6 months at

a reduced number

of sites

 

pH, alkalinity dosage rate and concentration (if alkalinity adjusted as part of corrosion

control), inhibitor dosage rate and inhibitor residual

Entry point(s) to

the distribution

system

Bi-weekly

22.61 Organic Chemical Requirements:

22.611 PMCL's: The following are the organic PMCLs (mg/L-milligrams per liter). Compliance is determined pursuant to Sections 22.612, 22.613, and 22.614.

Alachlor

0.002 mg/L

Aldicarb

0.003 mg/L

Aldicarb Sulfone

0.002 mg/L

Aldicarb Sulfoxide

0.004 mg/L

Atrazine

0.003 mg/L

Benzo(a)pyrene

0.0002 mg/L

Carbofuran

0.04 mg/L

Chlordane

0.002 mg/L

Dalapon

0.2 mg/L

Di(2-ethylhexyl) adipate

0.4 mg/L

Di(2-ethylhexyl) phthalate

0.006 mg/L

Dibromochloropropane

0.0002 mg/L

Dinoseb

0.007 mg/L

Diquat

0.02 mg/L

2,4-D

0.07 mg/L

Endothall

0.1 mg/L

Endrin

0.002 mg/L

Ethylenedibromide (EDB)

0.00005 mg/L

Glyphosate

0.7 mg/L

Heptachlor

0.0004 mg/L

Hepachlor epoxide

0.0002 mg/L

Hexachlorobenzene

0.001 mg/L

Hexachlorocyclopentadiene

0.05 mg/L

Lindane

0.0002 mg/L

Methoxychlor

0.04 mg/L

Oxamyl (Vydate)

0.2 mg/L

Pentachlorophenol

0.001 mg/L

Picloram

0.5 mg/L

Polychlorinated biphenyls (PCBs)

0.0005 mg/L

Simazine

0.004 mg/L

2,3,7,8-TCDD (Dioxin)

3 X 10-8 mg/L

Toxaphene

0.003 mg/L

2,4,5-TP (Silvex)

0.05 mg/L

B. Total Trihalomethanes (TTHMs)

TTHMs

0.10 mg/L

Benzene

0.005 mg/L

Carbon Tetrachloride

0.005 mg/L

0-Dichlorobenzene

0.6 mg/L

P-Dichlorobenzene

0.075 mg/L

1,2 Dichloroethane

0.005 mg/L

1,1 Dichloroethylene

0.007 mg/L

Cis-1,2-Dichloroethylene

0.07 mg/L

Trans 1,2 Dichloroethylene

0.1 mg/L

Dichloromethane

0.005 mg/L

1,2 Dichloropropane

0.005 mg/L

Ethylbenzene

0.7 mg/L

Monochlorobenzene

0.1 mg/L

Styrene

0.1 mg/L

Tetrachloroethylene

0.005 mg/L

Toluene

1 mg/L

1,2,4-Trichlorobenzene

0.07 mg/L

1,1,1-Trichloroethane

0.2 mg/L

1,1,2-Trichloroethane

0.005 mg/L

Trichloroethylene

0.005 mg/L

Vinyl Chloride

0.002 mg/L

Xylenes (total)

10 mg/L

22.612 Sampling, Analytical Requirements and Compliance Determination For Contaminants Listed in 22.611A: Monitoring of the contaminants listed in Section 22.611A for the purposes of determining compliance with the MCLs shall be conducted as follows:

AROCLOR

DETECTION limit (mg/l)

1016

0.00008

1221

0.02

1232

0.0005

1242

0.0003

1248

0.0001

1254

0.0001

1260

0.0002

Contaminant

Detection Limit

Alachlor

0.0002

Aldicarb

0.0005

Aldicarb sulfoxide

0.0005

Aldicarb sulfone

0.0008

Atrazine

0.0001

Benzo(a)pyrene

0.00002

Carboforan

0.0009

Chlordane

0.0002

Dalapon

0.001

Dibromochloropropane (DBCP)

0.00002

Di (2-ethylhexyl) adipate

0.0006

Di (2-ethylhexyl) phthalate

0.0006

Dinoseb

0.0002

Diquat

0.0004

2,4-D

0.0001

Endothall

0.009

Endrin

0.00001

Ethylene dibromide (EDB)

0.00001

Glyphosate

0.006

Heptachlor

0.00004

Heptachlor epoxide

0.00002

Hexachlorobenzene

0.0001

Hexachlorocyclopentadiene

0.0001

Lindane

0.00002

Methoxychlor

0.0001

Oxamyl

0.002

Picloram

0.0001

Polychlorinated biphenyls (PCBs)

(as decachlorobiphenyl)

0.0001

Pentachlorophenol

0.00004

Simazine

0.00007

Toxaphene

0.001

2,3,7,8-TCDD (Dioxin)

0.000000005

2,4,5-TP (Silvex)

0.0002

Contaminant

Acceptance Limits (percent)

DBCP

+40

EDB

+40

Alachlor

+45

Atrazine

+45

Benzo(a)pyrene

2 Standard Deviations

Carbofuran

+45

Chlordane

+45

Dalapon

2 Standard Deviations

Di(2-Ethylhexyl)adipate

2 Standard Deviations

Di(2-Ethylhexyl)phthalate

2 Standard Deviations

Dinoseb

2 Standard Deviations

Diquat

2 Standard Deviations

Endothall

2 Standard Deviations

Endrin

+30

Glyphosate

2 Standard Deviations

Heptachlor

+45

Heptachlor epoxide

+45

Hexachlorobenzene

2 Standard Deviations

Hexachlorocyclopentadie ne

2 Standard Deviations

Lindane

+45

Methoxychlor

+45

Oxamyl

2 Standard Deviations

PCBs(as Decachlorobiphenyl)

0 - 200

Picloram

2 Standard Deviations

Simazine

2 Standard Deviations

Toxaphene

+45

Aldicarb

2 Standard Deviations

Aldicarb sulfoxide

2 Standard Deviations

Aldicarb sulfone

2 Standard Deviations

Pentachlorophenol

+50

2,3,7,8-TCDD (Dioxin)

2 Standard Deviations

2,4-D

+50

2,4,5-TP (Silvex)

+50

22.613 Sampling, Analytical Requirements and Compliance Determination for TTHMS: Monitoring of TTHMs for the purpose of determining compliance with the MCL listed in Section 22.611B shall be conducted as follows:

22.614 Sampling, Analytical Requirements and Compliance Determination for VOC's: Monitoring of the contaminants listed in Section 22.611C for the purpose of determining compliance with the MCLs shall be conducted as follows:

22.62 Unregulated Contaminants

22.621 Sampling and Analytical Methodology For Unregulated Volatile Organic Contaminants: Monitoring of the contaminants listed in Paragraph E of this Section shall be conducted as follows:

System Population

Begin No Later Than

Greater than 10,000

First Calendar Quarter of 1989

3,300 - 10,000

First Calendar Quarter of 1989

Less than 3,300

First Calendar Quarter of 1991

22.622 Sampling and Analytical Methodology For Unregulated Synthetic and Inorganic Contaminants: Monitoring of the contaminants listed in Paragraphs (K) and (L) of this section shall be conducted as follows:

Organic Contaminants

EPA Analytical Methods

Aldrin

505, 508, 525

Butachlor

507, 525

Carbaryl

531.1

Dicamba

515.1

Dieldrin

505, 508, 525

3-Hydroxycarbofuran

531.1

Methomyl

531.1

Metolachlor

507, 525

Metribuzin

507, 508, 525

Propachlo

507, 525

Contaminant EPA analytical

method

(i) Sulfate Colorimetric.

22.63 Best Available Technologies (BAT)

Chemical

gac

pta

ox

Alachlor

 

X

 

Aldicarb

 

X

 

Aldicarb sulfone

 

X

 

Aldicarb sulfoxide

 

X

 

Atrazine

 

X

 

Benzene

 

X

X

Benzo(a)pyrene

X

   

Carbofuran

 

X

 

Carbon tetrachloride

 

X

X

Chlordane

 

X

 

2,4-D

X

   

Dalapone

X

   

Dibromochloropro pane (DBCP)

 

X

X

o-Dichlorobenzene

X

X

 

1,2-Dichloroethane

X

X

 

cis-1,2-Dichloroethylene

X

X

 

trans-1,2-Dichloroethylene

X

X

 

1,1-Dichloroethylene

X

X

 

Dichloromethane

 

X

 

1,2-Dichloropropane

X

X

 

Di(2-ethylhexyl)adipate

X

X

 

Di(2-ethylhexyl)phthalat e

X

   

Dinoseb

X

   

Diquat

X

   

Endothall

X

   

Endrin

X

   

Ethylene Dibromide (EDB)

 

X

X

Ethylbenzene

 

X

X

Glyphosate

   

X

Heptachlor

 

X

 

Heptachlor epoxide

 

X

 

Hexachlorobenzene

X

   

Chemical

gac

pta

ox

Hexachlorocyclopentadiene

X

X

 

Lindane

 

X

 

Methoxychlor

 

X

 

Monochlorobenzene

 

X

X

Oxamyl (Vydate)

X

   

para-Dichlorobenzene

X

   

Polychlorinated biphenyls (PCB)

 

X

 

Pentachlorophenol

 

X

 

Picloram

 

X

 

Simazine

X

   

Styrene

X

   

2,4,5-TP (Silvex)

 

X

X

Tetrachloroethylene

 

X

X

1,2,4-Trichlorobenzene

X

X

 

1,1,1-Trichloroethane

X

X

 

1,1,2-Trichloroethane

X

X

 

Trichloroethylene

 

X

X

Toluene

 

X

 

Toxaphene

 

X

X

2,3,7,8-TCDD (Dioxin)

X

   

Vinyl chloride

 

X

 

Xylene

 

X

X

Chemical Name

BAT(s)

Antimony

2,7

Asbestos

2,3,8

Barium

5,6,7,9

Beryllium

1,2,5,6,7

Cadmium

2,5,6,7

Chromium

2,5,62,7

Cyanide

5,7,10

Mercury

21,4,61,71

Nickel

5,6,7

Nitrate

5,7,9

Nitrite

5,7

Selenium

1,23,6,7,9

Thallium

1,5

1 BAT only if influent Hg concentrations <10 ug/l

2 BAT for Chromium III only.

3 BAT for Selenium IV only.

22.64 Maximum Contaminant Level (MCL) Effective Dates:

SECTION 22.7 TURBIDITY AND CORROSIVITY

22.70 Turbidity MCL, Sampling and Analytical Methodology (Effective no later than June 29, 1993)

22.701 Turbidity MCL: The PMCLs for turbidity are applicable to both CWSs and NCWSs utilizing surface water sources in whole or in part. The PMCLs for turbidity in drinking water, measured at a representative entry point(s) to the distribution system are:

22.702 Turbidity Sampling and Analytical Methodology:

22.71 Corrosivity Sampling, Reporting and Analytical Methodology: Suppliers of water for community public water systems shall collect samples from a representative entry point to the water distribution system for the purpose of analyses to determine the corrosivity characteristics of the water.

22.711 Sampling Requirements: For water suppliers utilizing surface water wholly or in part, two (2) samples per plant are required, one (1) during mid-winter and one (1) during mid-summer. For water suppliers utilizing wholly ground water sources, one (1) sample per plant per year shall be required.

22.712 Reporting to the Division: The supplier of water shall report to the Division the results of the analyses for corrosivity characteristics pursuant to Section 22.401.

22.713 Analytical Methodology: Analyses conducted to determine the corrosivity of the water shall be made in accordance with the following methods:

22.714 Reporting of Construction Materials: PWSs shall identify whether the following construction materials are present in their distribution system and report to the Division:

SECTION 22.8 PUBLIC WATER SYSTEM CLASSIFICATION AND TREATMENT REQUIREMENTS

22.801 Water System Classification:] Regulatory Classification:

NOTE - All public water systems should meet all secondary MCLs.

22.802 Disinfection: When it is specifically required by these regulations, or when it is deemed to be required to ensure compliance with Section 22.304 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 Section 22.211. 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, and shall report these results to the Division on a monthly basis in accordance with Section 22.401. If a substitute disinfectant is approved, the operational and monitoring requirements shall be specified by the Division.

SECTION 22.9 RADIOACTIVITY

22.91 Limits

22.911 Primary MCLs for Radium 226, 228 and Gross Alpha Particles:

22.912 Beta Particle and Photon Concentration Limits: The average annual concentration of beta particle and photon radioactivity for man-made radionuclides in drinking water shall not produce an annual dose equivalent to the total body or any internal organ greater than four (4) millirems per year. Except for those listed in the Table below, the concentration causing four (4) millirems total body or organ dose equivalents shall be calculated on the basis of a two (2) liters per day drinking water intake using the 168 hour data listed in "Maximum Permissible Body Burdens and Maximum Permissible Concentration of Radionuclides in Air or Water for Occupational Exposure," NBS Handbook 69 as amended August 1963, U.S. Department of Commerce. If two (2) or more radionuclides are present, the sum of their annual dose equivalent to the total body or to any organ shall not exceed four (4) millirems per year.

22.92 Sampling-Monitoring Frequency:

22.921 Monitoring Frequency: Compliance with Section 22.911 shall be based on the analyses of an annual composite of four (4) consecutive quarterly samples or the average of the analyses of four samples obtained at quarterly intervals. At the discretion of the Division, when an annual record taken in accordance with Section 22.911 has established that the average annual concentration is less than one (1) half of the PMCL under 22.911, analyses of a single sample may be substituted for the quarterly sampling procedure specified herein. A gross alpha particle activity measurement may be substituted for the required radium 226 and 228 analysis provided that the measured gross alpha particle activity does not exceed five (5) pCi/liter. If this limit is exceeded, the same or an equivalent sample shall be analyzed for radium 226. If the concentration of radium 226 exceeds three (3) pCi/L, the same or an equivalent sample shall be analyzed for radium 228. The water supply shall be monitored at least once every four (4) years. More frequent monitoring may be required by the Division if it is deemed necessary. A CWS using two (2) or more sources, having different concentrations or radioactivity, shall monitor source water, in addition to water from a free flowing tap, when ordered by the Division. If the average annual PMCL for gross alpha particle activity or total radium as set forth in Section 22.911 is exceeded, the supplier shall give notice to the Division pursuant to Section 22.40 and notify the public as required by Section 22.41. Monitoring at quarterly intervals shall be continued until the annual average concentration no longer exceeds the PMCL or until a monitoring schedule as a condition to a variance, exemption or enforcement action shall become effective.

22.922 Surface Water Systems Serving a Population Greater than 100,000: Surface water systems serving a population greater than 100,000 and such other CWSs are designated by the Division shall be monitored for compliance with Section 22.912 by analyses of four (4) consecutive quarterly samples or analyses of a composite of four (4) consecutive quarterly samples. Compliance with Section 22.912 may be assumed without further analysis if the average annual concentration of gross beta particle activity is less than fifty (50) pCi/liter and if the average annual concentrations of tritium and strontium-90 are less than those listed in the table shown above, provided that if both radionuclides are present, the sum of their annual dose equivalents to bone marrow shall not exceed four (4) millirem/year. If the gross beta particle activity exceeds fifty (50) pCi/liter, an analysis of the sample must be performed to identify the major radioactive constituents present and the appropriate organ and total body doses shall be calculated to determine compliance with Section 22.912. Supplies shall be monitored at least once every four (4) years and more often if deemed necessary by the Division.

22.923 Utilizing Water Contaminated By Effluents from Nuclear Facilities: Any CWS designated by the Division as utilizing waters contaminated by effluents from nuclear facilities shall initiate quarterly monitoring for gross beta particles and iodine-131 radioactivity and annual monitoring for strontium-90 and tritium. Quarterly monitoring for gross beta particle activity shall be based on the analyses of monthly samples. If the gross beta particle activity in a sample exceeds fifteen (15) pCi/liter, the same or an equivalent sample shall be analyzed for Sr-89 and Cs-134. If the gross beta particle activity exceeds fifty (50) pCi/liter, an analysis of the sample must be performed to identify the major radioactive constituents present and the appropriate organ or total body doses shall be calculated to determine compliance with Section 22.912. For I-131, a composite of five (5) consecutive daily samples shall be analyzed for each quarter. As ordered by the Division, more frequent monitoring shall be conducted when iodine-131 is identified in the finished water. Annual monitoring for strontium-90 and tritium shall be conducted by means of analyses of a composite of four (4) consecutive quarterly samples. If the average annual PMCL for man-made radioactivity set forth in Section 22.912 is exceeded, the operator of the CWS shall give notice to the Division pursuant to Section 22.40 and to the public as required by Section 22.41. Monitoring at monthly intervals shall be continued until the concentration no longer exceeds the PMCL or until a monitoring schedule as a condition to a variance, exemption or enforcement action shall become effective.

22.924 Analytical Methodology:

Detection Limits for Man-Made Beta Particle and Photon Emitters:

Radionuclide

Detection Limit

Tritium

1,000 pCi/L

Strontium-89

10p Ci/L

Strontium-90

2 pCi/L

Iodine-131

1 pCi/L

Cesium-134

10 pCi/L

Gross Beta

4 pCi/L

Other radionuclides

1/10 of the applicable limit

SECTION 22.10 SURFACE WATER TREATMENT RULE

22.1001 Untreated Water: The use of untreated (without filtration and disinfection) surface water or untreated ground water under the direct influence of surface water shall be prohibited.

22.1002 General Requirements: Each public water system with a surface water source or a ground water source under the direct influence of surface water must be operated by qualified personnel who meet the requirements of the Division and must provide treatment of that source water that complies with these treatment technique requirements. The treatment technique requirements consist of installing and properly operating water treatment processes which reliably achieve:

22.1003 Disinfection: Each public water system with a surface water source or a ground water source under the direct influence of surface water must provide treatment consisting of both filtration as specified in Section 22.1004 and disinfection as follows:

22.1004 Filtration: Each public water system with a surface water source or a ground water source under the direct influence of surface water must provide treatment consisting of both disinfection as specified in Section 22.1003 and filtration that complies with any one (1) of the following by June 29, 1993:

22.1005 Monitoring Requirements: - A public water system that uses a surface water source or a ground water source under the direct influence of surface water must monitor in accordance with the following by June 29, 1993:

22.1006 Analytical Methodology - Only the analytical method(s) specified in this Section, or otherwise approved by EPA, may be used to demonstrate compliance with Sections 22.1002, 22.1003 and 22.1004. Measurement for pH, temperature, turbidity and residual disinfectant concentration must be conducted by a party approved by the Division. Measurements for total coliforms, fecal coliforms and HPC must be conducted by an approved laboratory. Until laboratory approval criteria are developed for the analysis of HPC and fecal coliforms, any laboratory approved for total coliform analysis is deemed approved for HPC and fecal coliform analysis. The following procedures shall be performed in accordance with the publications listed in the following Section. This incorporation by reference was approved by the Director of the Federal register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies of the methods published in Standard Methods published in Standard Methods for the Examination of Water and Wastewater may be obtained from the American Public Health Association et al. 1015 Fifteenth Street, NW., Washington, D.C. 20005; copies of the Minimal Medium ONPG-MUG Method as set forth in the article "National Field Evaluation of a Defined Substrate Method for the Simultaneous Enumeration of Total Coliforms and Escherichia coli from Drinking Water: Comparison with the Standard Multiple Tube Fermentation Method" (Edberg et al), Applied and Environmental Microbiology, Volume 54, pp.1595-1601, June 1988 (as amended under Erratum, Applied and Environmental Microbiology, Volume 54, p. 3197, December 1988), may be obtained from the American Water Works Association Research Foundation, 6666 West Quincy Ave., Denver, Colorado 80235; and copies of the Indigo Method as set forth in the article "Determination of Ozone in Water by the Indigo Method" (Bader and Hoigne), may be obtained from Ozone Science and Engineering, Pergammon Press Ltd., Fairview Park, Elmsford, New York 10523. Copies may be inspected at the U.S.E.P.A., Room EB15, 401 M Street SW., Washington, D.C. 20460 or at the Office of the Federal register, 1100 L Street, NW., Room 8401, Washington, D.C.

2 DE Reg. 1767 (04/01/99) (Final)