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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsSeptember 2015

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16 DE Admin. Code 4462
On September 1, 2015, the Department of Health and Social Services, Division of Public Health, Office of Drinking Water, plans to republish revised Regulations Governing Public Drinking Water Systems and hold them out for public comment per Delaware law.
Copies of the proposed regulations are available for review in the September 1, 2015 edition of the Delaware Register of Regulations, accessible online at: http://regulations.delaware.gov or by calling the Division of Public Health at (302) 744-4951.
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.
1.12.1.5.1 Submission of as-built plans per the Construction Plans and Specifications Submittal and Review Guidelines, copies available from the Office of Drinking Water.
1.14.4.1 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
"Action Level” means the concentration of lead or copper in water specified in subsections 6.1.7.1.1.1 and 6.1.7.1.1.2 which determines, in some cases, the treatment requirements contained in subsection 6.1.7 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.
"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 (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 section 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 subsection 8.8 and determining compliance with the TTHM and HAA5 MCLs under subsection 8.8.
"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 Watermeans 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 6.1.7.7.2.2, 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 Streammeans 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 section 4.3 MCLs under subsection 4.3.6 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" 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) (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 (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.
Locational running annual average (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 (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 (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 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 (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 (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 (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 (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:
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.
"Public Water System (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 (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 (MPWS)" means a public water system that is neither community, transient non-community nor non-transient non-community.
"Non-Transient Non-Community Water System (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 (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 (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 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.
"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.
"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 6.1.7.7.2.3 that has been standing for at least six (6) hours in a service line.
"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:
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 (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 (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 (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 (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 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.
4.1.9 General Requirements
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.
4.2.1.1.1.1.1 Violation of the MCL for total coliforms when fecal coliform or E. coli are present in the water distribution system (as specified in section 5.2), 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 5.2);
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.
4.2.1.1.2.1.3.2 The owner or operator of a community or non-community water system that is required to determine a bin classification under subsection 10.14.11, or to determine mean Cryptosporidium level under subsection 10.14.13, must notify persons served by the water system that the determination has not been made as required no later than 30 days after the system has failed to report the determination as specified in subsection 10.14.11.5 or subsection 10.14.13.1, respectively. The notice must be repeated as specified in 4.2.1.1.2.2.1. The notice is not required if the system is complying with a State-approved schedule to address the violation.
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).
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).
Fecal Coliforms/E. coli: 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, some of the elderly and people with severely compromised immune systems.
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.
Add for public notification only: The chlorine dioxide violations reported today are the result of exceedances at the treatment facility only, not within the distribution system which delivers water to consumers. Continued compliance with chlorine dioxide levels within the distribution system minimizes the potential risk of these violations to consumers.
Add for public notification only: The chlorine dioxide violations reported today include exceedances of the EPA standard within the distribution system which delivers water to consumers. Violations of the chlorine dioxide standard within the distribution system may harm human health based on short-term exposures. Certain groups, including fetuses, infants, and young children, may be especially susceptible to nervous system effects from excessive exposure to chlorine dioxide-treated water.
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:
41,3
52,1
62,1
72
222,3
86.1
116.1.2
121,3
121,3
92
146.2.1.2
215,3
211,2,3
E. coli, enterococci, or coliphage.
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 section 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 sections 10.7, 10.9 through 10.11 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, section 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 Subpart H 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. Subpart H 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. Subpart H 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 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 CFR 141.40
20 Other waterborne emergencies require a Tier 1 public notice under section 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 section 4.2.1.1.1.1.6. All other monitoring and testing violations are Tier 3.
4.3.3.3.1.4 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.
4.3.3.4.7 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.
4.3.3.5 Information on Cryptosporidium, radon, and other contaminants:
4.3.3.5.1 If the system has performed any monitoring for Cryptosporidium, including monitoring performed to satisfy the requirements of CFR 141.143, which indicates that Cryptosporidium may be present in the source water or the finished water, the report must include: