DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Public Health

PROPOSED

PUBLIC NOTICE

4462 Public Drinking Water Systems

Pursuant to 16 Del.C. §122(3)(c), the Health Systems Protection Section, Division of Public Health, Department of Health and Social Services, is proposing revisions to the regulations governing Public Drinking Water Systems. On August 1, 2022, the Division of Public Health plans to publish as "proposed" revisions to the Public Drinking Water Systems regulations. The revisions are a result of HB 8 (151st GA) and include specific definitions for "per- and polyfluoroalkyl substances," or "PFAS," and its compounds, and establishment of primary maximum contaminant levels and public notification requirements for PFAS.

Copies of the proposed regulations are available for review in the August 1, 2022 edition of the Delaware Register of Regulations, accessible online at: https://regulations.delaware.gov or by calling the Division of Public Health at (302) 744-4951.

NOTICE OF PUBLIC HEARING

The Division of Public Health will hold a public hearing on Thursday, August 25, 2022 at 5:00 p.m. The public hearing will be conducted remotely. Details about the remote platform and how to attend will be posted on the State Public Meeting Calendar at the following link:

https://publicmeetings.delaware.gov/#/meeting/72440.

Any person who wishes to make written suggestions, testimony, briefs, or other written materials concerning the proposed regulations must submit them by Friday, September 9, 2022, at:

Division of Public Health

417 Federal Street

Dover, DE 19901

Email: DHSS_DPH_regulations@delaware.gov

Phone: (302) 744-4951

4462 Public Drinking Water Systems

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

1.2 Variance. Variances will not be issued under these regulations.

1.3 Exemption. Exemptions will not be issued under these regulations.

1.4-1.5 Missing section numbers are reserved.

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

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

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

1.9 Enforcement of Regulations:

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

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

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

1.9.1.2.1 The immediate cessation or correction of the violation.

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

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

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

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

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

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

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

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

1.10 Emergency Orders: The Director of the Division or their 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 their representative. Should any public water supplier fail to comply with an emergency order, the Secretary, Delaware Health and Social Services may apply to an appropriate court for an injunction or other legal process to prevent or stop any practice which is in violation of these regulations.

1.11 Plans and Specifications:

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

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

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

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

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

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

1.12 Approval of Water Supplies:

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

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

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

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

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

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

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

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

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

1.12.2.2 Managerial and financial information as required by the Division to demonstrate compliance with Capacity as defined in Section 2.0. This information may include, but not be limited to; annual reports, water system plans or business plans, self-assessments/peer reviews, criteria used by lenders, financial viability assessment methods, financial and managerial training.

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

1.13 Siting Requirements:

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

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

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

1.14 Approved Laboratory:

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

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

1.14.3 Annual laboratory proficiency testing:

1.14.3.1 In order to demonstrate proficiency a laboratory shall successfully analyze a proficiency test (PT) from an approved provider annually using the same analytical method that is used to report compliance-monitoring results. In order to receive and maintain certification for an analyte, the laboratory shall successfully analyze PT samples using EPA-approved methods in accordance with 40 CFR 41 (copies are available from the Office of Drinking Water) for each analyte (microbiological and/or chemical) and by each method used to analyze compliance samples.

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

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

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

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

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

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

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

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

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

1.16 Required Sampling, Monitoring or Analyses:

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

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

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

1.18 Regulatory Classification:

1.18.1 All public water systems shall:

1.18.1.1 Meet all bacteriological requirements;

1.18.1.2 Meet the nitrate and nitrite requirements; and

1.18.1.3 Conform to provisions of Section 7.0.

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

1.18.2.1 Meet all the requirements of subsection 1.18.1;

1.18.2.2 Meet all other Primary Standards; and

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

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

1.18.3.1 Meet all requirements of subsection 1.18.1;

1.18.3.2 Meet all requirements of subsection 1.18.2; and

1.18.3.3 Meet all other primary and secondary standards.

1.19 Disinfection

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

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

1.19.3 Maximum Residual Disinfection Levels (MRDLs):

1.19.3.1 Maximum residual disinfection levels are as follows:

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

1.20 Compliance dates:

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

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

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

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

“Air gap” means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood-level rim of the receptacle.

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

"Approved" means approved by the Division.

“Auxiliary water system” means a water supply system on, or available to, a water consumer’s premises that is maintained in addition to a public water supply system, including, but not limited to, a private water storage tank, water systems from ground or surface sources, or water from a public water system, which in any way has been treated, processed, or exposed to any possible contaminant or stored in other than an approved storage facility.

“Backflow” means the undesirable reversal of flow in a potable water distribution system as a result of a cross-connection.

“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" or “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” means pressure-driven separation devices that remove particulate matter larger than 1 (one) micrometer using an engineered porous filtration media. They are typically constructed as rigid or semi-rigid, self-supporting filter elements housed in pressure vessels in which flow is from the outside of the cartridge to the inside.

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

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

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

“Combined distribution system” means the interconnected distribution system consisting of the distribution systems of wholesale systems and of the consecutive systems that receive finished water.

"Compliance cycle" means the nine-year calendar year cycle during which public water systems must monitor. Each compliance cycle consists of three three-year compliance periods. The first calendar year cycle begins January 1, 1993 and ends December 31, 2001; the second begins January 1, 2002 and ends December 31, 2010, the third begins January 1, 2011 and ends December 31, 2019.

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

“Comprehensive performance evaluation” or “CPE” means a thorough review and analysis of a treatment plant's performance-based capabilities and associated administrative, operation and maintenance practices. It is conducted to identify factors that may be adversely impacting a plant's capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improvements. The comprehensive performance evaluation must consist of at least the following components: assessment of plant performance; evaluation of major unit processes; identification and prioritization of performance limiting factors; assessment of the applicability of comprehensive technical assistance; and preparation of a CPE report.

"Confluent growth" means a continuous bacterial growth covering the entire filtration area of a membrane filter, or a portion thereof, in which bacterial colonies are not discrete.

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

“Containment” means a method where the installation of an approved air gap or backflow prevention assembly at the service connection to a water consumer’s premises is required to protect the public water system.

"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.

“Cross-connection” means an actual or potential connection between any part of a potable water system and any other environment containing other substances in a manner that, under any circumstances, would allow for such substances to enter the potable water system.

“Cross-connection control program” means a program to eliminate, monitor, protect, and prevent cross-connections from allowing backflow.

"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 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.

“Customer” means the owner or person in control of any premises supplied by or in any manner connected to a public water system.

"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” or “T" means the time in minutes that it takes for water to move from the point of disinfectant application or the previous point of disinfectant residual measurement to a point before or at the point where residual disinfectant concentration (C) is measured. Where only one (1) "C" is measured, "T" is the time in minutes that it takes for water to move from the point of disinfectant application to a point before or at where residual disinfectant concentration (C) is measured. Where more than one (1) "C" is measured, "T" is for the first measurement of "C", the time in minutes that it takes for water to move from the first or only point of disinfectant application to a point before or at the point where the first "C" is measured and for subsequent measurements of "C", the time in minutes that it takes for water to move from the previous "C" measurement point to the "C" measurement point for which the particular "T" is being calculated. Disinfectant contact time in pipelines must be calculated based on plug flow by dividing the internal volume of the pipe by the maximum hourly flow rate through that pipe. Disinfectant contact time within mixing basins and storage reservoirs must be determined by tracer studies or an equivalent demonstration.

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

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

"Division" means the Division of Public Health of the Department of Health and Social Services established by 29 Del.C. §7904(a).

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

"Dose equivalent" means the product of the absorbed dose from ionizing radiation and such factors as account for differences and biological effectiveness due to the type of radiation and its distribution in the body as specified by the International Commission on Radiological Units and Measurements.

“Dual sample set” means a set of two samples collected at the same time and same location, with one sample analyzed for TTHM and the other analyzed for HAA5. Dual sample sets are collected for the purposes of conducting an Initial Distribution System Evaluation (IDSE) under Section 13.0 and determining compliance with the TTHM and HAA5 MCLs under subsection 9.2.1.2.

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

"Effective corrosion inhibitor residual" means a concentration sufficient to form a passivating film on the interior walls of a pipe.

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

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

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

“Filter profile” means a graphical representation of individual filter performance, based on continuous turbidity measurements or total particle counts versus time for an entire filter run, from startup to backwash inclusively, that includes an assessment of filter performance while another filter is being backwashed.

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

“Finished water” means water that is introduced into the distribution system of a public water system and is intended for distribution and consumption without further treatment, except as treatment necessary to maintain water quality in the distribution system (e.g., booster disinfection, addition of corrosion control chemicals).

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

"Flocculation" means a process to enhance agglomeration or collection of smaller floc particles into larger, more easily settleable particles through gentle stirring by hydraulic or mechanical means.

"Flood-level rim" means the edge of the receptacle from which water overflows.

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

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

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

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

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

"Ground water under the direct influence of surface water" or “GUDI” means any water beneath the surface of the ground with significant occurrence of insects or other macroorganisms, algae, or large diameter pathogens such as Giardia lamblia or Cryptosporidium, or significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions. Direct influence must be determined for individual sources in accordance with criteria established by the Division. The Division determination of direct influence may be based on site-specific measurements of water quality and/or documentation of well construction characteristics and geology with field evaluation.

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

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

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

“One-Day HA” means 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 one liter of water per day.

“Ten-Day HA” means 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 one liter of water per day.

“Lifetime HA” means 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 two 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” or “reservoir” means a natural or manmade basin or hollow on the Earth’s surface in which water collects or is stored that may or may not have a current or single direction of flow.

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

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

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

“Level 1 assessment” means an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. It is conducted by the system operator or owner. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., whether a ground water system is disinfected); existing water quality data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with the Division directives that tailor specific assessment elements with respect to size and type of the system and the size, type, and characteristics of the distribution system.

“Level 2 assessment” means an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. A Level 2 assessment provides a more detailed examination of the system (including the system’s monitoring and operational practices) than does a Level 1 assessment through the use of more comprehensive investigation and review of available information, additional internal and external resources, and other relevant practices. It is conducted by an individual approved by the Division, which may include the system operator. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., whether a ground water system is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with and Division directives that tailor specific assessment elements with respect to the size and type of system and the size, type, and characteristics of the distribution system. The system must comply with any expedited actions or additional actions required by the Division in the case of an E. coli MCL violation.

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

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

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

“Maximum residual disinfectant level” or “MRDL” means a level of a disinfectant added for water treatment that may not be exceeded at the consumer's tap without an unacceptable possibility of adverse health effects. For chlorine and chloramines, a PWS is in compliance with the MRDL when the running annual average of monthly averages of samples taken in the distribution system, computed quarterly, is less than or equal to the MRDL. For chlorine dioxide, a PWS is in compliance with the MRDL when daily samples are taken at the entrance to the distribution system and no two consecutive daily samples exceed the MRDL. MRDLs are enforceable in the same manner as maximum contaminant levels under section 1412 of the Safe Drinking Water Act. There is convincing evidence that addition of a disinfectant is necessary for control of waterborne microbial contaminants. Notwithstanding the MRDLs listed in 40 CFR section 141.65 (copies available from the Office of Drinking Water), operators may increase residual disinfectant levels of chlorine or chloramines (but not chlorine dioxide) in the distribution system to a level and for a time necessary to protect public health to address specific microbiological contamination problems caused by circumstances such as distribution line breaks, storm runoff events, source water contamination, or cross-connections.

“Maximum residual disinfection level goal” or “MRDLG” means the maximum level of a disinfectant added for water treatment at which no known or anticipated adverse effect on the health of persons would occur, and which allows an adequate margin of safety. MRDLGs are non-enforceable health goals and do not reflect the benefit of the addition of the chemical for control of waterborne microbial contaminants.

"Maximum total trihalomethane potential” or “MTP" means the maximum concentrations of total trihalomethanes produced in a given water containing a disinfectant residual after seven days at a temperature of 25° C 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 ensuring that the treatment does not cause the water system to violate any national primary drinking water regulations.

"Per- and polyfluoroalkyl substances" or "PFAS" are a group of chemicals used to make fluoropolymer coatings and products that resist heat, oil, grease, and water.

"Perfluorooctanoic acid" or "PFOA" is a specific PFAS compound.

"Perfluorooctane sulfonic acid" or "PFOS" is a specific PFAS compound.

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

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

“Plant intake” means the works or structures at the head of a conduit through which water is diverted from a source (e.g., river or lake) into a treatment plant.

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

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

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

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

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

“Premises” means real estate and the structures on it.

“Presedimentation” means a preliminary treatment process used to remove gravel, sand and other particulate material from the source water through settling before the water enters the primary clarification and filtration processes in a treatment plant.

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

"Protection by adequate construction, treatment and supervision" means:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“Sanitary defect” means a defect that could provide a pathway of entry for microbial contamination into the distribution system or that is indicative of a failure or imminent failure in a barrier that is already in place.

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

“Seasonal system” means a non-community water system that is not operated as a public water system on a year-round basis and starts up and shuts down at the beginning and end of each operating season.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“Total organic carbon” or “TOC” means total organic carbon in mg/L measured using heat, oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to two significant figures.

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

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

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

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

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

“Uncovered finished water storage facility” means a tank, reservoir, or other facility used to store water that will undergo no further treatment to reduce microbial pathogens except residual disinfection and is directly open to the atmosphere. Finished water storage facilities that are properly covered, screened and vented are excluded from this definition.

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

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

"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 any pumps, piping, or storage facilities from the source/treatment plant or, for consecutive water supplies, the interconnection to the wholesale system, to the property line of the ultimate consumer.

"Water supply system" means any structures, equipment, and appurtenances for collection, treatment, storage, or distribution of potable water from the source of supply or, for consecutive water supplies, the interconnection to the wholesale system, to the free-flowing outlet of the ultimate consumer.

“Wholesale system” means a public water system that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another public water system. Delivery may be through the distribution system of one or more consecutive systems.

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

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

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

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

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

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

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

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

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

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

3.6 Certified Operator. A water supply system shall be operated under the direct responsible charge of an individual whose qualifications meet the certification requirements of 16 DE Admin. Code 4463 Licensing and Registration of Operators of Public Water Supply Systems.

3.7 Approved Sampler/Tester:

3.7.1 An approved sampler/tester is approved for collecting water samples for laboratory analysis and on-site water quality testing. The approved sampler/tester is not a fully licensed operator and must work under the direction of a licensed operator. The approved sampler/tester must attend an approved course and pass a test approved by the Division. Individuals collecting samples under the tap water monitoring provisions of the lead/copper rule are exempted from this requirement.

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

4.1 Reporting

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4.1.9 General Requirements

4.1.9.1 Each owner or operator of a public water system (community water systems, non-transient non-community water systems, and transient non-community water systems) must give notice for all violations of national primary drinking water regulations (NPDWR) and for other situations, as listed in subsection 4.1.9.1.1. The term ‘‘NPDWR violations’’ is used in this subsection to include violations of the maximum contaminant level (MCL), maximum residual disinfection level (MRDL), treatment technique (TT), monitoring requirements, and testing procedures. The table in subsection 4.2.3.1 identifies the tier assignment for each specific violation or situation requiring a public notice.

4.1.9.1.1 Violation categories and other situations requiring a public notice.

4.1.9.1.1.1 NPDWR violations:

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

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

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

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

4.1.9.1.1.2 Special public notices:

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

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

4.1.9.1.1.2.3 Availability of unregulated contaminant monitoring data.

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

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

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

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

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

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

4.2 Public Notification

4.2.1 General Public Notice Requirements:

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

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

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

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

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

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

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

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

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

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

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

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

4.2.1.1.1.2 Public water systems must:

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

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

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

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

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

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

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

4.2.1.1.1.3.4 Another delivery method approved in writing by the Division.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4.2.1.1.2.2 Public water systems must:

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

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

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

4.2.1.1.2.2.3.1 Violation of the turbidity MCL under subsection 7.1.1; or

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

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

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

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

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

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

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

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

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

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

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

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

4.2.1.1.3.1.3 Failure to comply with subsection 3.6 of these regulations;

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

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

4.2.1.1.3.1.6 Reporting and recordkeeping violations under subsection 7.4.

4.2.1.1.3.2 Public water systems must:

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

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

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

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

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

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

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

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

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

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

4.2.2 Content of a Public Notice

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

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

4.2.2.1.2 When the violation or situation occurred;

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

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

4.2.2.1.5 Whether alternative water supplies should be used;

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

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

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

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

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

4.2.2.2 The public notice shall:

4.2.2.2.1 Each public notice required by this section:

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

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

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

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

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

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

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

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

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

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

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

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

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

4.2.2.4 Mandatory Health Effects Language:

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

4.2.2.4.1.1 Microbiological Contaminants:

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

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

[THE SYSTEM MUST USE THE FOLLOWING APPLICABLE SENTENCES]

We failed to conduct the required assessment.

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

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

[THE SYSTEM MUST USE THE FOLLOWING APPLICABLE SENTENCES]

We failed to conduct the required assessment.

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

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

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

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

4.2.2.4.1.2 Inorganic Contaminants:

4.2.2.4.1.3 Synthetic Organic Compounds

4.2.2.4.1.4 Volatile Organic Compounds:

4.2.2.4.1.5 Radiological Compounds

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

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

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

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

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

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

4.2.3 Frequency, Tier Designation and Distribution of Public Notification:

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

4.2.3.2 Notification to New Billing Units:

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

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

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

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

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

4.2.4 Public Notification Requirements Pertaining to Lead

4.2.4.1 Applicability of Public Notification Requirements

4.2.4.1.1 Reserved

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

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

4.2.4.2 Manner of Notification

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

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

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

4.2.4.2.1.3 Once by hand delivery by June 19, 1988.

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

4.2.4.3 General Content of Notice

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

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

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

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

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

4.2.6 Public Notification Requirements Pertaining to Unregulated Contaminants:

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

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

4.2.7 Procedures for Issuance of a Public Notice

4.2.7.1 PMCL Violation:

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

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

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

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

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

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

4.2.7.2 Other Violations or Circumstances Requiring Public Notification:

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

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

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

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

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

5.1 Retaining Records:

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

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

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

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

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

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

5.1.1.3.3 Date of analysis;

5.1.1.3.4 Laboratory and person responsible for performing analysis;

5.1.1.3.5 The analytical technique/method used and;

5.1.1.3.6 The results of the analysis.

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

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

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

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

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

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

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

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

5.2 Records Kept by Division:

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

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

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

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

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

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

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

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

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

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

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

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

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

6.1 Purpose and applicability:

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

6.1.1.1 This section applies only to community water systems.

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

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

6.2 Compliance dates:

6.2.1 Each existing community water system must deliver its report annually by July 1. Each report must contain data collected during, or prior to, the previous calendar year.

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

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

6.2.3.1 Annually by April 1; or

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

6.3 Content of the reports:

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

6.3.2 Information on the source of the water delivered:

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

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

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

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

6.3.3 Definitions:

6.3.3.1 Each report must include the following definitions:

6.3.3.1.1 “Maximum contaminant level goal” or “MCLG” means the level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.

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

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

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

6.3.3.3.1 “Treatment technique” means a required process intended to reduce the level of a contaminant in drinking water.

6.3.3.3.2 “Action level” means the concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow.

6.3.3.3.3 “Maximum residual disinfectant level goal” or “MRDLG” means the level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.

6.3.3.3.4 “Maximum residual disinfectant level” or “MRDL” means the highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control microbial contaminants.

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

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

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

6.3.4 Information on Detected Contaminants:

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

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

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

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

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

6.3.4.3 The data must be derived from data collected during the applicable calendar year to comply with EPA and State monitoring and analytical requirements except that:

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

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

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

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

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

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

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

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

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

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

6.3.4.4.5 For turbidity.

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

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

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

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

6.3.4.4.7 For E. coli: total number of positive samples; and

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

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

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

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

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

6.3.5 Information on Cryptosporidium, radon, and other contaminants:

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

6.3.5.1.1 A summary of the results of the monitoring; and

6.3.5.1.2 An explanation of the significance of the results.

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

6.3.5.2.1 The results of the monitoring; and

6.3.5.2.2 An explanation of the significance of the results.

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

6.3.5.3.1 The results of the monitoring; and

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

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

6.3.6.1 Monitoring and reporting of compliance data;

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

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

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

6.3.6.5 Recordkeeping of compliance data.

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

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

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

6.3.7 Additional information:

6.3.7.1 The report must contain a brief explanation regarding contaminants which may reasonably be expected to be found in drinking water including bottled water. This explanation may include the language of subsections 6.3.7.1.1 through 6.3.7.1.3 or systems may use their own comparable language. The report also must include the language of subsection 6.3.8.1.4.

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

6.3.7.1.2 Contaminants that may be present in source water include:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6.3.7.7.2.3.1 We failed to conduct the required assessment.

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

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

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

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

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

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

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

6.4 Required additional health information:

6.4.1 All reports must prominently display the following language:

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

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

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

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

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

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

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

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

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

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

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

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

6.5 Report delivery and recordkeeping:

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

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

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

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

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

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

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

6.5.7.1 Such systems must:

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

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

6.5.7.1.3 Make the reports available to the public upon request.

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

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

6.6 Consumer Confidence Report Requirements for Regulated Contaminants

Appendix a to Section 6.0 - regulated contaminants

Key:

7.1 Sampling:

7.1.1 Sampling Sites:

7.1.1.1 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.

7.1.2 CWS Sampling Frequency:

7.1.1.2 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:

7.1.3 Reduced Monitoring Frequency for CWSs:

7.1.3.1 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.

7.1.4 NCWS Sampling Frequency:

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

7.1.4.1.1 A NCWS and NTNCWS using only ground water (except ground water under the direct influence of surface water) and serving one thousand (1000) persons or fewer must monitor each calendar quarter that the system provides water to the public, except that the Division may reduce this monitoring frequency, in writing, if a sanitary survey shows that the system is free of sanitary defects. Beginning June 29, 1994 the Division cannot reduce the monitoring frequency for a NCWS using only ground water (except ground water under the direct influence of surface water) and serving one thousand (1000) persons or fewer to less than once per year.

7.1.4.1.2 A NCWS and NTNCWS using only ground water (except ground water under the direct influence of surface water) and serving more than one thousand (1000) persons during any month must monitor at the same frequency as a like-sized CWS, as specified in subsection 7.1.2, except the Division may reduce this monitoring frequency, in writing, for any month the system serves one thousand (1000) persons or fewer. The Division cannot reduce the monitoring frequency to less than once per year. For systems using ground water under the direct influence of surface water, subsection 7.1.4.1.4 applies.

7.1.4.1.3 A NCWS and NTNCWS using surface water, in total or in part, must monitor at the same frequency as a like-sized CWS, as specified in subsection 7.1.2, regardless of the number of persons it serves.

7.1.4.1.4 A NCWS and NTNCWS using ground water under the direct influence of surface water must monitor at the same frequency as a like-sized CWS, as specified in subsection 7.1.2. The system must begin monitoring at this frequency beginning six (6) months after the Division determines that the ground water is under the direct influence of surface water.

7.1.5 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 subsection 1.1, 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 subsection 7.1.2, 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.

7.1.6 Monthly/Quarterly Sampling: The PWS must collect samples at regular time intervals throughout the month/quarter, except that a system that uses only 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.

7.1.7 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 subsection 7.2.3 are not considered special purpose samples, and must be used to determine compliance with the MCL for total coliforms.

7.2 Microbiological MCLs

7.2.1 Total Coliforms, Fecal Coliforms and E. coli:

7.2.1.1 The MCLs for microbiological contaminants are in accordance with the following:

7.2.1.1.1 Until December 31, 2015, compliance with the MCL is based on the presence or absence of total coliforms in a sample, rather than coliform density in accordance with the following:

7.2.1.1.1.1 For a system which collects at least forty (40) samples per month/quarter, if no more than 5.0 percent of the samples collected during a month/quarter are total coliform-positive, the system is in compliance with the MCL for total coliforms.

7.2.1.1.1.2 For a system which collects fewer than forty (40) samples per month/quarter, if no more than one (1) sample collected during a month/quarter is total coliform-positive, the system is in compliance with the MCL for total coliforms.

7.2.1.1.2 Until December 31, 2015 any fecal coliform-positive repeat sample, or E. coli-positive repeat sample, or any total coliform-positive repeat sample following a fecal coliform-positive or E. coli-positive routine sample constitutes a violation of the MCL for total coliforms. For purposes of the public notification requirements in subsection 4.2, this is a violation that may pose an acute risk to health.

7.2.1.1.3 Beginning January 1, 2016, a system is in compliance with the MCL for E. coli for samples taken under the provisions of subsection 7.4 unless any of the conditions identified in subsections 7.2.1.1.3.1 through 7.2.1.1.3.4 occur. For purposes of the public notification requirements in Section 4.0, violation of the MCL may pose an acute risk to public health.

7.2.1.1.3.1 The system has an E. coli-positive repeat sample following a total coliform-positive routine sample.

7.2.1.1.3.2 The system has a total coliform-positive sample following an E. coli-positive routine sample.

7.2.1.1.3.3 The system fails to take all required repeat samples following an E. coli-positive routine sample.

7.2.1.1.3.4 The system fails to test for E. coli when any repeat sample tests positive for total coliforms.

7.2.1.1.4 Until December 31, 2015, a public water system must determine compliance with the MCL for total coliforms in subsections 7.2.1.11 and 7.2.1.1.2 for each month in which it is required to monitor for total coliforms. Beginning January 1, 2016, a public water system must determine compliance with the MCL for E. coli in subsection 7.2.1.1.3 for each month in which it is required to monitor for total coliforms.

7.2.1.1.5 The Administrator, pursuant to section 1412 of the Safe Drinking Water Act, hereby identifies the following as the best technology, treatment techniques, or other means available for achieving compliance with the MCL for total coliforms in subsections 7.2.1.1.1 and 7.2.1.1.2 and for achieving compliance with the MCL for E. coli in subsection 7.2.1.1.3:

7.2.1.1.5.1 Protection of wells from fecal contamination by coliforms by appropriate placement and construction;

7.2.1.1.5.2 Maintenance of a disinfectant residual throughout the distribution system;

7.2.1.1.5.3 Proper maintenance of the distribution system including appropriate pipe replacement and repair procedures, main flushing programs, proper operation and maintenance of storage tanks and reservoirs, cross-connection and control, and continual maintenance of positive water pressure in all parts of the distribution system;

7.2.1.1.5.4 Filtration and/or disinfection of surface water, as described in Sections 16.0, 17.0, 19.0 and 20.0, or disinfection of ground water, as described in Section 8.0, using strong oxidants such as chlorine, chlorine dioxide, or ozone; and

7.2.1.1.5.5 For systems using groundwater, compliance with the requirements of an EPA-approved State Wellhead Protection Program under section 1428 of the Safe Drinking Water Act (SDWA).

7.2.1.1.6 The Administrator, pursuant to section 1412 of the Safe Drinking Water Act, hereby identifies the technology, treatment techniques, or other means available identified in subsection 7.2.1.1.5 as affordable technology, treatment techniques, or other means available to systems serving 10,000 or fewer people for achieving compliance with the MCL for total coliforms in subsections 7.2.1.1.1 and 7.2.1.1.2 and for achieving compliance with the MCL for E. coli in subsection 7.2.1.1.3.

7.2.2 Invalidation of Total Coliform-Positive Samples:

7.2.2.1 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:

7.2.2.1.1 The analytical laboratory acknowledges that improper sample analysis caused the positive result;

7.2.2.1.2 A laboratory must invalidate a total coliform sample (unless total coliforms are detected) if the sample produces a turbid culture in the absence of gas production using an analytical method where gas formation is examined (e.g. the Multiple-Tube Fermentation Technique), produces a turbid culture in the absence of an acid reaction in the Presence-Absence (P-A) Coliform Test, or exhibits confluent growth or produces colonies too numerous to count with an analytical method using a membrane filter (e.g. Membrane Filter Technique). If a laboratory invalidates a sample because of such interference, the system must collect another sample from the same location as the original sample within twenty-four (24) hours of being notified of the interference problem, and have it analyzed for the presence of total coliforms. The system must continue to re-sample within twenty-four (24) hours and have the samples analyzed until it obtains a valid result. The Division may waive the twenty-four (24) hour time limit on a case-by-case basis.

7.2.2.1.3 The Division determines that the contamination is a domestic or other non-distribution system plumbing problem on the basis that one (1) or more repeat samples taken at the same tap as the original total coliform positive sample is total coliform positive, but all repeat samples at nearby sampling locations that are within five (5) service connections of the original tap are total coliform negative. A total coliform-positive sample cannot be invalidated under this provision if the PWS has only one (1) service connection; or

7.2.2.1.4 The Division has substantial grounds to believe that a total coliform positive result is due to some circumstance or condition which does not reflect water quality in the distribution system, if:

7.2.2.1.4.1 The basis for this determination is documented in writing.

7.2.2.1.4.2 This document is signed and approved by the Division.

7.2.2.1.4.3 The documentation is made available to EPA and the public. The written documentation must state the specific cause of the total coliform-positive sample, and what action the system has taken, or will take, to correct this problem.

7.2.2.1.4.4 The system must still collect all repeat samples required under subsection 7.2.3 to determine compliance with the MCL for total coliforms in subsection 7.2.1.

7.2.3 Repeat Monitoring:

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

7.2.3.1.1 If a routine sample is total-coliform positive, the PWS must collect a set of repeat samples within twenty-four (24) hours of being notified of the positive result. A system which collects more than one (1) routine sample/month must collect no fewer than three (3) repeat samples for each total coliform positive sample found. A system which collects one (1) routine sample/month or fewer must collect no fewer than four (4) repeat samples for each total coliform positive sample found. The Division may extend the twenty-four (24) hour limit on a case-by-case basis if the system has a logistical problem in collecting the repeat samples within twenty-four hours that is beyond its control. In the case of an extension, the Division must specify how much time the system has to collect the repeat samples.

7.2.3.1.2 The system must collect at least one (1) repeat sample from the sampling tap where the original total coliform-positive sample was taken, and at least one (1) repeat sample at a tap within five (5) service connections upstream and at least one (1) repeat sample at a tap within five (5) service connections downstream of the original sampling site. If a total coliform-positive sample is at the end of the distribution system, or one (1) away from the end of the distribution system, the Division may waive the requirement to collect at least one (1) repeat sample upstream or downstream of the original sampling site.

7.2.3.1.3 The system must collect all repeat samples on the same day, except that the Division may allow a system with a single service connection to collect the required set of repeat samples over a four (4) day period or to collect a larger volume repeat sample(s) in one (1) or more sample containers of any size, as long as the total volume collected is at least four hundred (400) ml [three hundred (300) ml for systems which collect more than one (1) routine sample/month].

7.2.3.1.4 If one (1) or more repeat samples in the set is total coliform-positive, the PWS must collect an additional set of repeat samples in the manner specified in subsections 7.2.1, 7.2.2, and 7.2.3. The additional samples must be collected within twenty-four (24) hours of being notified of the positive result, unless the Division extends the limit as provided in subsection 7.2.1. The system must repeat this process until either total coliforms are not detected in one (1) complete set of repeat samples or the system determines that the MCL for total coliforms in subsection 7.2.1 has been exceeded and notifies the Division.

7.2.3.1.5 If a system collecting fewer than five (5) routine samples per month has one (1) or more total coliform-positive samples and the Division does not invalidate the sample(s) under subsection 7.2.2, it must collect at least five (5) routine samples during the next month the system provides water to the public, except that the Division may waive this requirement if the conditions of subsections 7.2.3.1.5.1 and 7.2.3.1.5.2 are met. The Division cannot waive the requirement for a system to collect repeat samples in subsections 7.2.3.1.1, 7.2.3.1.2, 7.2.3.1.3, and 7.2.3.1.4.

7.2.3.1.5.1 The Division may waive the requirements to collect five (5) routine samples the next month the system provides water to the public if the Division, or an agent approved by the Division, performs a site visit before the end of the next month the system provides water to the public. Although a sanitary survey need not be performed, the site visit must be sufficiently detailed to allow the Division to determine whether additional monitoring and/or any corrective action is needed. The Division cannot approve an employee of the system to perform the site visit, even if the employee is an agent approved by the Division to perform sanitary surveys.

7.2.3.1.5.2 The Division may waive the requirements to collect five (5) routine samples the next month the system provides water to the public if the Division has determined why the sample was total coliform-positive and establishes that the system has corrected the problem or will correct the problem before the end of the next month the system serves water to the public. In this case, the Division must document this decision to waive the following month's additional monitoring requirement in writing, have it approved and signed by the supervisor of the Division official who recommends such a decision, and make this document available to the EPA and the public. The written documentation must describe the specific cause of the total coliform-positive sample and what action the system has taken and/or will take to correct this problem. The Division cannot waive the requirement to collect five (5) routine samples the next month the system provides water to the public solely on the grounds that all coliform samples are total coliform-negative. Under this paragraph, a system must still take at least one (1) routine sample before the end of the next month it serves water to the public and use it to determine compliance with the MCL for total coliforms in subsection 7.2.1, unless the Division has determined that the system has corrected the contamination problem before the system took the set of repeat samples required in subsections 7.2.3.1.1, 7.2.3.1.2, 7.2.3.1.3, and 7.2.3.1.4, and all repeat samples were total coliform negative.

7.2.3.1.6 After a systems collects a routine sample and before it learns the results of the analysis of that sample, if it collects another routine sample(s) from within five (5) adjacent service connections of the initial sample, and the initial sample, after analysis, is found to contain total coliforms, then the system may count the subsequent sample(s) as a repeat sample instead of a routine sample.

7.2.3.1.7 Results of all routine and repeat samples not invalidated by the Division must be included in determining compliance with the MCL for total coliforms in subsection 7.2.1.

7.2.4 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.

7.2.5 Fecal Coliforms/Escherichia coli (E. coli) Testing:

7.2.5.1 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:

7.2.5.1.1 If any routine or repeat sample is total coliform-positive, the system must analyze that total coliform-positive culture medium to determine if fecal coliforms are present, except that the system may test for E. coli in lieu of fecal coliforms. If fecal coliforms or E. coli are present, the system shall notify the Division by the end of the day when the system is notified of the test result, unless the system is notified of the result after the Division office is closed, in which case the system shall notify the Division before the end of the next business day.

7.2.5.1.2 The Division has the discretion to allow the PWS, on a case by case basis, to forgo fecal coliform or E. coli testing on a total coliform-positive sample if that system assumes that the total coliform-positive sample is fecal coliform-positive or E. coli positive. Accordingly, the system shall notify the Division as specified in subsection 7.2.1.1.1 and the provisions of subsection 7.2.1.1.2 apply.

7.2.6 Response to Violation. A PWS which has exceeded the MCL for total coliforms in subsection 7.2.1 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 subsection 4.1. 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 subsection 4.1.

7.2.7 The provisions of subsections 7.1.1 and 7.2.4 are applicable until December 31, 2015. The provisions of subsections 7.2.2, 7.2.3, 7.2.5, 7.3 and 7.2.6 are applicable until all required repeat monitoring under subsection 7.2.3 and fecal coliform or E. coli testing under subsection 7.2.5 that was initiated by a total coliform-positive sample taken before January 1, 2016 is completed, as well as analytical method, reporting, recordkeeping, public notification, and consumer confidence report requirements associated with that monitoring and testing. Beginning January 1, 2016, the provisions of subsection 7.4 are applicable, with systems required to begin regular monitoring at the same frequency as the system-specific frequency required on December 31, 2015.

7.3 Analytical Requirements

7.3.1 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 40 CFR 141.21(f)(3). Copies may be obtained from the Office of Drinking Water.

7.4 Revised Total Coliform Rule

7.4.1 General.

7.4.1.1 General. The provisions of this subpart include both maximum contaminant level and treatment technique requirements.

7.4.1.2 Applicability. The provisions of this subpart apply to all public water systems.

7.4.1.3 Compliance date. Systems must comply with the provisions of this subpart beginning January 1, 2016, unless otherwise specified in this subpart.

7.4.1.4 Implementation with EPA as State. Systems falling under direct oversight of EPA, where EPA acts as the State, must comply with decisions made by EPA for implementation of subpart Y. EPA has authority to establish such procedures and criteria as are necessary to implement subpart Y.

7.4.1.5 Violations of national primary drinking water regulations. Failure to comply with the applicable requirements of §§141.851 through 141.861, including requirements established by the State pursuant to these provisions, is a violation of the national primary drinking water regulations under subpart Y.

7.4.2 Analytical methods and laboratory certification.

7.4.2.1 Analytical methodology.

7.4.2.1.1 The standard sample volume required for analysis, regardless of analytical method used, is 100 ml.

7.4.2.1.2 Systems need only determine the presence or absence of total coliforms and E. coli; a determination of density is not required.

7.4.2.1.3 The time from sample collection to initiation of test medium incubation may not exceed 30 hours. Systems are encouraged but not required to hold samples below 10° C during transit.

7.4.2.1.4 If water having residual chlorine (measured as free, combined, or total chlorine) is to be analyzed, sufficient sodium thiosulfate (Na2S2O3) must be added to the sample bottle before sterilization to neutralize any residual chlorine in the water sample. Dechlorination procedures are addressed in Section 9060A.2 of Standard Methods for the Examination of Water and Wastewater (20th and 21st editions).

7.4.2.1.5 Systems must conduct total coliform and E. coli analyses in accordance with one of the analytical methods in the following table or one of the alternative methods listed in Appendix A subsection 7.4.2.

7.4.2.2 Laboratory certification. Systems must have all compliance samples required under this subpart analyzed by a laboratory certified by the EPA or a primacy State to analyze drinking water samples. The laboratory used by the system must be certified for each method (and associated contaminant(s)) used for compliance monitoring analyses under this rule.

7.4.2.3 Incorporation by reference. The standards required in this section are incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, EPA must publish notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection either electronically at www.regulations.gov, in hard copy at the Water Docket, or from the sources indicated below. The Docket ID is EPA– HQ–OW–2008–0878. Hard copies of these documents may be viewed at the Water Docket in the EPA Docket Center, (EPA/DC) EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is 1–202–566–1744, and the telephone number for the Water Docket is 1–202–566–2426. Copyrighted materials are only available for viewing in hard copy. These documents are also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 1–202–741–6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

7.4.2.3.1 American Public Health Association, 800 I Street, NW., Washington, DC 20001.

7.4.2.3.1.1 ‘‘Standard Methods for the Examination of Water and Wastewater,’’ 20th edition (1998):

7.4.2.3.1.1.1 Standard Methods 9221, ‘‘Multiple-Tube Fermentation Technique for Members of the Coliform Group,’’ B.1, B.2, ‘‘Standard Total Coliform Fermentation Technique.’’

7.4.2.3.1.1.2 Standard Methods 9221, ‘‘Multiple-Tube Fermentation Technique for Members of the Coliform Group,’’ D.1, D.2, ‘‘Presence-Absence (P–A) Coliform Test.’’

7.4.2.3.1.1.3 Standard Methods 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group,’’ B, ‘‘Standard Total Coliform Membrane Filter Procedure.’’

7.4.2.3.1.1.4 Standard Methods 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group,’’ C, ‘‘Delayed-Incubation Total Coliform Procedure.’’

7.4.2.3.1.1.5 Standard Methods 9223, ‘‘Enzyme Substrate Coliform Test,’’ B, ‘‘Enzyme Substrate Test,’’ Colilert® and Colisure®.

7.4.2.3.1.1.6 Standard Methods 9221, ‘‘Multiple Tube Fermentation Technique for Members of the Coliform Group,’’ F.1, ‘‘Escherichia coli Procedure: EC–MUG medium.’’

7.4.2.3.1.1.7 Standard Methods 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group,’’ G.1.c(2), ‘‘Escherichia coli Partition Method: EC broth with MUG (EC–MUG).’’

7.4.2.3.1.1.8 Standard Methods 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group,’’ G.1.c(1), ‘‘Escherichia coli Partition Method: NA–MUG medium.’’

7.4.2.3.1.2 ‘‘Standard Methods for the Examination of Water and Wastewater,’’ 21st edition (2005):

7.4.2.3.1.2.1 Standard Methods 9221, ‘‘Multiple-Tube Fermentation Technique for Members of the Coliform Group,’’ B.1, B.2, ‘‘Standard Total Coliform Fermentation Technique.’’

7.4.2.3.1.2.2 Standard Methods 9221, ‘‘Multiple-Tube Fermentation Technique for Members of the Coliform Group,’’ D.1, D.2, ‘‘Presence-Absence (P–A) Coliform Test.’’

7.4.2.3.1.2.3 Standard Methods 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group,’’ B, ‘‘Standard Total Coliform Membrane Filter Procedure.’’

7.4.2.3.1.2.4 Standard Methods 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group,’’ C, ‘‘Delayed-Incubation Total Coliform Procedure.’’

7.4.2.3.1.2.5 Standard Methods 9223, ‘‘Enzyme Substrate Coliform Test,’’ B, ‘‘Enzyme Substrate Test,’’ Colilert® and Colisure®.

7.4.2.3.1.2.6 Standard Methods 9221, ‘‘Multiple Tube Fermentation Technique for Members of the Coliform Group,’’ F.1, ‘‘Escherichia coli Procedure: EC–MUG medium.’’

7.4.2.3.1.2.7 Standard Methods 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group,’’ G.1.c(2), ‘‘Escherichia coli Partition Method: EC broth with MUG (EC–MUG).’’

7.4.2.3.1.2.8 Standard Methods 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group,’’ G.1.c(1), ‘‘Escherichia coli Partition Method: NA–MUG medium.’’

7.4.2.3.1.3 ‘‘Standard Methods Online’’ available at http://www.standardmethods.org:

7.4.2.3.1.3.1 Standard Methods Online 9221, ‘‘Multiple-Tube Fermentation Technique for Members of the Coliform Group’’ (1999), B.1, B.2–99, ‘‘Standard Total Coliform Fermentation Technique.’’

7.4.2.3.1.3.2 Standard Methods Online 9221, ‘‘Multiple-Tube Fermentation Technique for Members of the Coliform Group’’ (1999), D.1, D.2–99, ‘‘Presence-Absence (P–A) Coliform Test.’’

7.4.2.3.1.3.3 Standard Methods Online 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group’’ (1997), B–97, ‘‘Standard Total Coliform Membrane Filter Procedure.’’

7.4.2.3.1.3.4 Standard Methods Online 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group’’ (1997), C–97, ‘‘Delayed-Incubation Total Coliform Procedure.’’

7.4.2.3.1.3.5 Standard Methods Online 9223, ‘‘Enzyme Substrate Coliform Test’’ (1997), B–97, ‘‘Enzyme Substrate Test’’, Colilert® and Colisure®.

7.4.2.3.2 Charm Sciences, Inc., 659 Andover Street, Lawrence, MA 01843–1032, telephone 1–800–343–2170:

7.4.2.3.2.1 E*Colite®—‘‘Charm E*ColiteTM Presence/Absence Test for Detection and Identification of Coliform Bacteria and Escherichia coli in Drinking Water,’’ January 9, 1998.

7.4.2.3.2.2 Reserved

7.4.2.3.3 CPI International, Inc., 5580 Skylane Blvd., Santa Rosa, CA, 95403, telephone 1–800–878–7654:

7.4.2.3.3.1 modified Colitag®, ATP D05–0035—‘‘Modified ColitagTM Test Method for the Simultaneous Detection of E. coli and other Total Coliforms in Water,’’ August 28, 2009.

7.4.2.3.3.2 Reserved

7.4.2.3.4 EMD Millipore (a division of Merck KGaA, Darmstadt Germany), 290 Concord Road, Billerica, MA 01821, telephone 1–800–645–5476:

7.4.2.3.4.1 Chromocult—‘‘Chromocult® Coliform Agar Presence/Absence Membrane Filter Test Method for Detection and Identification of Coliform Bacteria and Escherichia coli for Finished Waters,’’ November 2000, Version 1.0.

7.4.2.3.4.2 Readycult®—‘‘Readycult® Coliforms 100 Presence/Absence Test for Detection and Identification of Coliform Bacteria and Escherichia coli in Finished Waters,’’ January 2007, Version 1.1.

7.4.2.3.5 EPA’s Water Resource Center (MC–4100T), 1200 Pennsylvania Avenue NW., Washington, DC 20460, telephone 1–202–566–1729:

7.4.2.3.5.1 EPA Method 1604, EPA 821–R–02–024—‘‘EPA Method 1604: Total Coliforms and Escherichia coli in Water by Membrane Filtration Using a Simultaneous Detection Technique (MI Medium),’’ September 2002, http://www.epa.gov/nerlcwww/1604sp02.pdf.

7.4.2.3.5.2 Reserved

7.4.2.3.6 Hach Company, P.O. Box 389, Loveland, CO 80539, telephone 1–800–604–3493:

7.4.2.3.6.1 m-ColiBlue24®—‘‘Membrane Filtration Method m-ColiBlue24® Broth,’’ Revision 2, August 17, 1999.

7.4.2.3.6.2 Reserved

7.4.3 General monitoring requirements for all public water systems.

7.4.3.1 Sample siting plans.

7.4.3.1.1 Systems must develop a written sample siting plan that identifies sampling sites and a sample collection schedule that are representative of water throughout the distribution system not later than December 31, 2015. These plans are subject to Division review and revision. Systems must collect total coliform samples according to the written sample siting plan. Monitoring required by 7.4.4 through 7.4.8 may take place at a customer’s premise, dedicated sampling station, or other designated compliance sampling location. Routine and repeat sample sites and any sampling points necessary to meet the requirements of subpart S must be reflected in the sampling plan.

7.4.3.1.2 Systems must collect samples at regular time intervals throughout the month, except that systems that use only ground water and serve 4,900 or fewer people may collect all required samples on a single day if they are taken from different sites.

7.4.3.1.3 Systems must take at least the minimum number of required samples even if the system has had an E. coli MCL violation or has exceeded the coliform treatment technique triggers in subsection 7.4.9.1.

7.4.3.1.4 A system may conduct more compliance monitoring than is required by this subpart to investigate potential problems in the distribution system and use monitoring as a tool to assist in uncovering problems. A system may take more than the minimum number of required routine samples and must include the results in calculating whether the coliform treatment technique trigger in subsections 7.4.9.1.1.1 and 7.4.9.1.1.2 has been exceeded only if the samples are taken in accordance with the existing sample siting plan and are representative of water throughout the distribution system.

7.4.3.1.5 Systems must identify repeat monitoring locations in the sample siting plan. Unless the provisions of subsections 7.4.3.1.5.1 or 7.4.3.1.5.2 are met, the system must collect at least one repeat sample from the sampling tap where the original total coliform-positive sample was taken, and at least one repeat sample at a tap within five service connections upstream and at least one repeat sample at a tap within five service connections downstream of the original sampling site. If a total coliform-positive sample is at the end of the distribution system, or one service connection away from the end of the distribution system, the system must still take all required repeat samples. However, the Division may allow an alternative sampling location in lieu of the requirement to collect at least one repeat sample upstream or downstream of the original sampling site. Except as provided for in subsection 7.4.3.1.5.2, systems required to conduct triggered source water monitoring under subsection 8.3.1 must take ground water source sample(s) in addition to repeat samples required under this subpart.

7.4.3.1.5.1 Systems may propose repeat monitoring locations to the Division that the system believes to be representative of a pathway for contamination of the distribution system. A system may elect to specify either alternative fixed locations or criteria for selecting repeat sampling sites on a situational basis in a standard operating procedure (SOP) in its sample siting plan. The system must design its SOP to focus the repeat samples at locations that best verify and determine the extent of potential contamination of the distribution system area based on specific situations. The Division may modify the SOP or require alternative monitoring locations as needed.

7.4.3.1.5.2 Ground water systems serving 1,000 or fewer people may propose repeat sampling locations to the Division that differentiate potential source water and distribution system contamination(e.g., by sampling at entry points to the distribution system). A ground water system with a single well required to conduct triggered source water monitoring may, with written Division approval, take one of its repeat samples at the monitoring location required for triggered source water monitoring under subsection 8.3.1 if the system demonstrates to the Division’s satisfaction that the sample siting plan remains representative of water quality in the distribution system. If approved by the Division, the system may use that sample result to meet the monitoring requirements in both subsection 8.3.1 and this section.

7.4.3.1.5.2.1 If a repeat sample taken at the monitoring location required for triggered source water monitoring is E. coli-positive, the system has violated the E. coli MCL and must also comply with subsection 8.3.1.2.3. If a system takes more than one repeat sample at the monitoring location required for triggered source water monitoring, the system may reduce the number of additional source water samples required under subsection 8.3.1.2.3 by the number of repeat samples taken at that location that were not E. coli-positive.

7.4.3.1.5.2.2 If a system takes more than one repeat sample at the monitoring location required for triggered source water monitoring under subsection 8.3.1, and more than one repeat sample is E. coli-positive, the system has violated the E. coli MCL and must also comply with subsection 8.4.1.

7.4.3.1.5.2.3 If all repeat samples taken at the monitoring location required for triggered source water monitoring are E. coli-negative and a repeat sample taken at a monitoring location other than the one required for triggered source water monitoring is E. coli-positive, the system has violated the E. coli MCL, but is not required to comply with subsection 8.3.1.2.3.

7.4.3.1.6 States may review, revise, and approve, as appropriate, repeat sampling proposed by systems under subsections 7.4.3.1.5.1 and 7.4.3.1.5.2. The system must demonstrate that the sample siting plan remains representative of the water quality in the distribution system. The Division may determine that monitoring at the entry point to the distribution system (especially for undisinfected ground water systems) is effective to differentiate between potential source water and distribution system problems.

7.4.3.2 Special purpose samples. Special purpose samples, such as those taken to determine whether disinfection practices are sufficient following pipe placement, replacement, or repair, must not be used to determine whether the coliform treatment technique trigger has been exceeded. Repeat samples taken pursuant to subsection 7.4.8 are not considered special purpose samples, and must be used to determine whether the coliform treatment technique trigger has been exceeded.

7.4.3.3 Invalidation of total coliform samples. A total coliform-positive sample invalidated under subsection 7.4.3.3 does not count toward meeting the minimum monitoring requirements of this subpart.

7.4.3.3.1 The Division may invalidate a total coliform-positive sample only if the conditions of subsections 7.4.3.3.1.1, 7.4.3.3.1.2 or 7.4.3.3.1.3 are met.

7.4.3.3.1.1 The laboratory establishes that improper sample analysis caused the total coliform-positive result.

7.4.3.3.1.2 The Division, on the basis of the results of repeat samples collected as required under subsection 7.4.8.1, determines that the total coliform-positive sample resulted from a domestic or other non-distribution system plumbing problem. The Division cannot invalidate a sample on the basis of repeat sample results unless all repeat sample(s) collected at the same tap as the original total coliform positive sample are also total coliform positive, and all repeat samples collected at a location other than the original tap are total coliform-negative (e.g., a State cannot invalidate a total coliform-positive sample on the basis of repeat samples if all the repeat samples are total coliform-negative, or if the system has only one service connection).

7.4.3.3.1.3 The Division has substantial grounds to believe that a total coliform-positive result is due to a circumstance or condition that does not reflect water quality in the distribution system. In this case, the system must still collect all repeat samples required under subsection 7.4.8.1, and use them to determine whether a coliform treatment technique trigger in subsection 7.4.9 has been exceeded. To invalidate a total coliform-positive sample under this paragraph, the decision and supporting rationale must be documented in writing, and approved and signed by the supervisor of the Division official who recommended the decision. The Division must make this document available to EPA and the public. The written documentation must state the specific cause of the total coliform-positive sample, and what action the system has taken, or will take, to correct this problem. The Division may not invalidate a total coliform-positive sample solely on the grounds that all repeat samples are total coliform negative.

7.4.3.3.2 A laboratory must invalidate a total coliform sample (unless total coliforms are detected) if the sample produces a turbid culture in the absence of gas production using an analytical method where gas formation is examined (e.g., the Multiple-Tube Fermentation Technique), produces a turbid culture in the absence of an acid reaction in the Presence-Absence (P–A) Coliform Test, or exhibits confluent growth or produces colonies too numerous to count with an analytical method using a membrane filter (e.g., Membrane Filter Technique). If a laboratory invalidates a sample because of such interference, the system must collect another sample from the same location as the original sample within 24 hours of being notified of the interference problem, and have it analyzed for the presence of total coliforms. The system must continue to re-sample within 24 hours and have the samples analyzed until it obtains a valid result. The Division may waive the 24-hour time limit on a case-by-case basis. Alternatively, the Division may implement criteria for waiving the 24-hour sampling time limit to use in lieu of case-by-case extensions.

7.4.4 Routine monitoring requirements for non-community water systems serving 1,000 or fewer people using only ground water.

7.4.4.1 General.

7.4.4.1.1 The provisions of this section apply to non-community water systems using only ground water (except ground water under the direct influence of surface water, as defined in Section 2.0) and serving 1,000 or fewer people.

7.4.4.1.2 Following any total coliform positive sample taken under the provisions of this section, systems must comply with the repeat monitoring requirements and E. coli analytical requirements in subsection 7.4.8.

7.4.4.1.3 Once all monitoring required by this section and subsection 7.4.8 for a calendar month has been completed, systems must determine whether any coliform treatment technique triggers specified in subsection 7.4.9 have been exceeded. If any trigger has been exceeded, systems must complete assessments as required by subsection 7.4.9.

7.4.4.1.4 For the purpose of determining eligibility for remaining on or qualifying for quarterly monitoring under the provisions of subsection 7.4.4.6.4 and 7.4.4.7.2, respectively, for transient non-community water systems, the Division may elect to not count monitoring violations under subsection 7.4.10.3.1 if the missed sample is collected no later than the end of the monitoring period following the monitoring period in which the sample was missed. The system must collect the make-up sample in a different week than the routine sample for that monitoring period and should collect the sample as soon as possible during the monitoring period. The Division may not use this provision under subsection 7.4.4.8. This authority does not affect the provisions of subsections 7.4.10.3.1 and 7.4.11.1.4.

7.4.4.2 Monitoring frequency for total coliforms. Systems must monitor each calendar quarter that the system provides water to the public, except for seasonal systems or as provided under subsections 7.4.4.3 through 7.4.4.8 and 7.4.4.10. Seasonal systems must meet the monitoring requirements of subsection 7.4.4.9.

7.4.4.3 Transition to subsection 7.4 (Revised Total Coliform Rule).

7.4.4.3.1 Systems, including seasonal systems, must continue to monitor according to the total coliform monitoring schedules under subsection 7.1 that were in effect on December 31, 2015, unless any of the conditions for increased monitoring in subsection 7.4.4.6 are triggered on or after January 1, 2016, or unless otherwise directed by the Division.

7.4.4.3.2 Beginning January 1, 2016, the Division must perform a special monitoring evaluation during each sanitary survey to review the status of the system, including the distribution system, to determine whether the system is on an appropriate monitoring schedule. After the Division has performed the special monitoring evaluation during each sanitary survey, the Division may modify the system’s monitoring schedule, as necessary, or it may allow the system to stay on its existing monitoring schedule, consistent with the provisions of this section. The Division may not allow systems to begin less frequent monitoring under the special monitoring evaluation unless the system has already met the applicable criteria for less frequent monitoring in this section. For seasonal systems on quarterly or annual monitoring, this evaluation must include review of the approved sample siting plan, which must designate the time period(s) for monitoring based on site-specific considerations (e.g., during periods of highest demand or highest vulnerability to contamination). The seasonal system must collect compliance samples during these time periods.

7.4.4.4 Annual site visits. Systems on annual monitoring, including seasonal systems, must have an initial and recurring annual site visit by the Division that is equivalent to a Level 2 assessment or an annual voluntary Level 2 assessment that meets the criteria in subsection 7.4.9.2 to remain on annual monitoring. The periodic required sanitary survey may be used to meet the requirement for an annual site visit for the year in which the sanitary survey was completed.

7.4.4.5 Criteria for annual monitoring. The Division may reduce the monitoring frequency for a well-operated ground water system from quarterly routine monitoring to no less than annual monitoring, if the system demonstrates that it meets the criteria for reduced monitoring in subsections 7.4.4.5.1 through 7.4.4.5.3, except for a system that has been on increased monitoring under the provisions of subsection 7.4.4.6. A system on increased monitoring under subsection 7.4.4.6 must meet the provisions of subsection 7.4.4.7 to go to quarterly monitoring and must meet the provisions of subsection 7.4.4.8 to go to annual monitoring.

7.4.4.5.1 The system has a clean compliance history for a minimum of 12 months;

7.4.4.5.2 The most recent sanitary survey shows that the system is free of sanitary defects or has corrected all identified sanitary defects, has a protected water source, and meets approved construction standards; and

7.4.4.5.3 The Division has conducted an annual site visit within the last 12 months and the system has corrected all identified sanitary defects. The system may substitute a Level 2 assessment that meets the criteria in subsection 7.4.9.2 for the Division’s annual site visit.

7.4.4.6 Increased Monitoring Requirements for systems on quarterly or annual monitoring. A system on quarterly or annual monitoring that experiences any of the events identified in subsections 7.4.4.6.1 through 7.4.4.6.4 must begin monthly monitoring the month following the event. A system on annual monitoring that experiences the event identified in subsection 7.4.4.6.5 must begin quarterly monitoring the quarter following the event. The system must continue monthly or quarterly monitoring until the requirements in subsection 7.4.4.7 for quarterly monitoring or subsection 7.4.4.8 for annual monitoring are met. A system on monthly monitoring for reasons other than those identified in subsections 7.4.4.6.1 through 7.4.4.6.4 is not considered to be on increased monitoring for the purposes of subsections 7.4.4.7 and 7.4.4.8.

7.4.4.6.1 The system triggers a Level 2 assessment or two Level 1 assessments under the provisions of subsection 7.4.9 in a rolling 12-month period.

7.4.4.6.2 The system has an E. coli MCL violation.

7.4.4.6.3 The system has a coliform treatment technique violation.

7.4.4.6.4 The system has two subsection 7.4 monitoring violations or one subsection 7.4 monitoring violation and one Level 1 assessment under the provisions of subsection 7.4.9 in a rolling 12-month period for a system on quarterly monitoring.

7.4.4.6.5 The system has one subsection 7.4 monitoring violation for a system on annual monitoring.

7.4.4.7 Requirements for returning to quarterly monitoring. The Division may reduce the monitoring frequency for a system on monthly monitoring triggered under 7.4.4.6 to quarterly monitoring if the system meets the criteria in subsections 7.4.4.7.1 and 7.4.4.7.2.

7.4.4.7.1 Within the last 12 months, the system must have a completed sanitary survey or a site visit by the Division or a voluntary Level 2 assessment by a party approved by the Division, be free of sanitary defects, and have a protected water source; and

7.4.4.7.2 The system must have a clean compliance history for a minimum of 12 months.

7.4.4.8 Requirements for systems on increased monitoring to qualify for annual monitoring. The Division may reduce the monitoring frequency for a system on increased monitoring under subsection 7.4.4.6 if the system meets the criteria in subsection 7.4.4.7 plus the criteria in subsections 7.4.4.8.1 and 7.4.4.8.2.

7.4.4.8.1 An annual site visit by the Division and correction of all identified sanitary defects. The system may substitute a voluntary Level 2 assessment by a party approved by the Division for the Division’s annual site visit in any given year.

7.4.4.8.2 The system must have in place or adopt one or more additional enhancements to the water system barriers to contamination in subsections 7.4.4.8.2.1 through 7.4.4.8.2.5.

7.4.4.8.2.1 Cross-connection control, as approved by the Division.

7.4.4.8.2.2 An operator certified by the Division or regular visits by a circuit rider certified by the Division.

7.4.4.8.2.3 Continuous disinfection entering the distribution system and a residual in the distribution system in accordance with criteria specified by the Division.

7.4.4.8.2.4 Demonstration of maintenance of at least a 4-log removal or inactivation of viruses as provided for under subsection 8.4.2.3.

7.4.4.8.2.5 Other equivalent enhancements to water system barriers as approved by the Division.

7.4.4.9 Seasonal systems.

7.4.4.9.1 Beginning January 1, 2016, all seasonal systems must demonstrate completion of a Division-approved start-up procedure, which may include a requirement for startup sampling prior to serving water to the public.

7.4.4.9.2 A seasonal system must monitor every month that it is in operation unless it meets the criteria in subsections 7.4.4.9.2.1 through 7.4.4.9.2.3 to be eligible for monitoring less frequently than monthly beginning January 1, 2016, except as provided under subsection 7.4.4.3.

7.4.4.9.2.1 Seasonal systems monitoring less frequently than monthly must have an approved sample siting plan that designates the time period for monitoring based on site-specific considerations (e.g., during periods of highest demand or highest vulnerability to contamination). Seasonal systems must collect compliance samples during this time period.

7.4.4.9.2.2 To be eligible for quarterly monitoring, the system must meet the criteria in subsection 7.4.4.7.

7.4.4.9.2.3 To be eligible for annual monitoring, the system must meet the criteria under subsection 7.4.4.8.

7.4.4.9.3 The Division may exempt any seasonal system from some or all of the requirements for seasonal systems if the entire distribution system remains pressurized during the entire period that the system is not operating, except that systems that monitor less frequently than monthly must still monitor during the vulnerable period designated by the Division.

7.4.4.10 Additional routine monitoring the month following a total coliform positive sample. Systems collecting samples on a quarterly or annual frequency must conduct additional routine monitoring the month following one or more total coliform-positive samples (with or without a Level 1 treatment technique trigger). Systems must collect at least three routine samples during the next month, except that the Division may waive this requirement if the conditions of subsections 7.4.4.10.1, 7.4.4.10.2 or 7.4.4.10.3 are met. Systems may either collect samples at regular time intervals throughout the month or may collect all required routine samples on a single day if samples are taken from different sites. Systems must use the results of additional routine samples in coliform treatment technique trigger calculations under subsection 7.4.9.1.

7.4.4.10.1 The Division may waive the requirement to collect three routine samples the next month in which the system provides water to the public if the Division, or an agent approved by the Division, performs a site visit before the end of the next month in which the system provides water to the public. Although a sanitary survey need not be performed, the site visit must be sufficiently detailed to allow the Division to determine whether additional monitoring and/or any corrective action is needed. The Division cannot approve an employee of the system to perform this site visit, even if the employee is an agent approved by the Division to perform sanitary surveys.

7.4.4.10.2 The Division may waive the requirement to collect three routine samples the next month in which the system provides water to the public if the Division has determined why the sample was total coliform-positive and has established that the system has corrected the problem or will correct the problem before the end of the next month in which the system serves water to the public. In this case, the Division must document this decision to waive the following month’s additional monitoring requirement in writing, have it approved and signed by the supervisor of the Division official who recommends such a decision, and make this document available to the EPA and public. The written documentation must describe the specific cause of the total coliform-positive sample and what action the system has taken and/or will take to correct this problem.

7.4.4.10.3 The Division may not waive the requirement to collect three additional routine samples the next month in which the system provides water to the public solely on the grounds that all repeat samples are total coliform negative. If the Division determines that the system has corrected the contamination problem before the system takes the set of repeat samples required in subsection 7.4.8, and all repeat samples were total coliform-negative, the Division may waive the requirement for additional routine monitoring the next month.

7.4.5 Routine monitoring requirements for community water systems serving 1,000 or fewer people using only ground water.

7.4.5.1 General.

7.4.5.1.1 The provisions of this section apply to community water systems using only ground water (except ground water under the direct influence of surface water, as defined in Section 2.0) and serving 1,000 or fewer people.

7.4.5.1.2 Following any total coliform positive sample taken under the provisions of this section, systems must comply with the repeat monitoring requirements and E. coli analytical requirements in subsection 7.4.8.

7.4.5.1.3 Once all monitoring required by this section and subsection 7.4.8 for a calendar month has been completed, systems must determine whether any coliform treatment technique triggers specified in subsection 7.4.9 have been exceeded. If any trigger has been exceeded, systems must complete assessments as required by subsection 7.4.9.

7.4.5.2 Monitoring frequency for total coliforms. The monitoring frequency for total coliforms is one sample/month, except as provided for under subsections 7.4.5.3 through 7.4.5.6.

7.4.5.3 Transition to subsection 7.4.

7.4.5.3.1 All systems must continue to monitor according to the total coliform monitoring schedules under subsection 7.1 that were in effect on December 31, 2015, unless any of the conditions in subsection 7.4.5.5 are triggered on or after January 1, 2016, or unless otherwise directed by the Division.

7.4.5.3.2 Beginning January 1, 2016, the Division must perform a special monitoring evaluation during each sanitary survey to review the status of the system, including the distribution system, to determine whether the system is on an appropriate monitoring schedule. After the Division has performed the special monitoring evaluation during each sanitary survey, the Division may modify the system’s monitoring schedule, as necessary, or it may allow the system to stay on its existing monitoring schedule, consistent with the provisions of this section. The Division may not allow systems to begin less frequent monitoring under the special monitoring evaluation unless the system has already met the applicable criteria for less frequent monitoring in this section.

7.4.5.4 Criteria for reduced monitoring.

7.4.5.4.1 The Division may reduce the monitoring frequency from monthly monitoring to no less than quarterly monitoring if the system is in compliance with Division certified operator provisions and demonstrates that it meets the criteria in subsections 7.4.5.4.1.1 through 7.4.5.4.1.3. A system that loses its certified operator must return to monthly monitoring the month following that loss.

7.4.5.4.1.1 The system has a clean compliance history for a minimum of 12 months.

7.4.5.4.1.2 The most recent sanitary survey shows the system is free of sanitary defects (or has an approved plan and schedule to correct them and is in compliance with the plan and the schedule), has a protected water source and meets approved construction standards.

7.4.5.4.1.3 The system meets at least one of the following criteria:

7.4.5.4.1.3.1 An annual site visit by the Division that is equivalent to a Level 2 assessment or an annual Level 2 assessment by a party approved by the Division and correction of all identified sanitary defects (or an approved plan and schedule to correct them and is in compliance with the plan and schedule).

7.4.5.4.1.3.2 Cross-connection control, as approved by the Division.

7.4.5.4.1.3.3 Continuous disinfection entering the distribution system and a residual in the distribution system in accordance with criteria specified by the Division.

7.4.5.4.1.3.4 Demonstration of maintenance of at least a 4-log removal or inactivation of viruses as provided for under subsection 8.4.2.3.

7.4.5.4.3.1.5 Other equivalent enhancements to water system barriers as approved by the Division.

7.4.5.4.2 Reserved

7.4.5.5 Return to routine monthly monitoring requirements. Systems on quarterly monitoring that experience any of the events in subsections 7.4.5.5.1 through 7.4.5.5.4 must begin monthly monitoring the month following the event. The system must continue monthly monitoring until it meets the reduced monitoring requirements in subsection 7.4.5.4.

7.4.5.5.1 The system triggers a Level 2 assessment or two Level 1 assessments in a rolling 12-month period.

7.4.5.5.2 The system has an E. coli MCL violation.

7.4.5.5.3 The system has a coliform treatment technique violation.

7.4.5.5.4 The system has two subsection 7.4 monitoring violations in a rolling 12-month period.

7.4.5.6 Additional routine monitoring the month following a total coliform positive sample. Systems collecting samples on a quarterly frequency must conduct additional routine monitoring the month following one or more total coliform-positive samples (with or without a Level 1 treatment technique trigger). Systems must collect at least three routine samples during the next month, except that the Division may waive this requirement if the conditions of subsection 7.4.5.6.1, 7.4.5.6.2, or 7.4.5.6.3 are met. Systems may either collect samples at regular time intervals throughout the month or may collect all required routine samples on a single day if samples are taken from different sites. Systems must use the results of additional routine samples in coliform treatment technique trigger calculations.

7.4.5.6.1 The Division may waive the requirement to collect three routine samples the next month in which the system provides water to the public if the Division, or an agent approved by the Division, performs a site visit before the end of the next month in which the system provides water to the public. Although a sanitary survey need not be performed, the site visit must be sufficiently detailed to allow the Division to determine whether additional monitoring and/or any corrective action is needed. The Division cannot approve an employee of the system to perform this site visit, even if the employee is an agent approved by the Division to perform sanitary surveys.

7.4.5.6.2 The Division may waive the requirement to collect three routine samples the next month in which the system provides water to the public if the Division has determined why the sample was total coliform-positive and has established that the system has corrected the problem or will correct the problem before the end of the next month in which the system serves water to the public. In this case, the Division must document this decision to waive the following month’s additional monitoring requirement in writing, have it approved and signed by the supervisor of the Division official who recommends such a decision, and make this document available to the EPA and the public. The written documentation must describe the specific cause of the total coliform-positive sample and what action the system has taken and/or will take to correct this problem.

7.4.5.6.3 The Division may not waive the requirement to collect three additional routine samples the next month in which the system provides water to the public solely on the grounds that all repeat samples are total coliform negative. If the Division determines that the system has corrected the contamination problem before the system takes the set of repeat samples required in subsection 7.4.8, and all repeat samples were total coliform-negative, the Division may waive the requirement for additional routine monitoring the next month.

7.4.6 Routine monitoring requirements for surface water or ground water under the direct influence of surface water public water systems serving 1,000 or fewer people.

7.4.6.1 General.

7.4.6.1.1 The provisions of this section apply to surface water or ground water under the direct influence of surface water public water systems of this part serving 1,000 or fewer people.

7.4.6.1.2 Following any total coliform positive sample taken under the provisions of this section, systems must comply with the repeat monitoring requirements and E. coli analytical requirements in subsection 7.4.8.

7.4.6.1.3 Once all monitoring required by this section and subsection 7.4.8 for a calendar month has been completed, systems must determine whether any coliform treatment technique triggers specified in 7.4.9 have been exceeded. If any trigger has been exceeded, systems must complete assessments as required by subsection 7.4.9.

7.4.6.1.4 Seasonal systems.

7.4.6.1.4.1 Beginning January 1, 2016, all seasonal systems must demonstrate completion of a Division approved start-up procedure, which may include a requirement for start-up sampling prior to serving water to the public.

7.4.6.1.4.2 The Division may exempt any seasonal system from some or all of the requirements for seasonal systems if the entire distribution system remains pressurized during the entire period that the system is not operating.

7.4.6.2 Routine monitoring frequency for total coliforms. Surface water or ground water under the direct influence of surface water systems of this part (including consecutive systems) must monitor monthly. Systems may not reduce monitoring.

7.4.6.3 Unfiltered subpart H systems. In accordance with subsection 17.1 a surface water or ground water under the direct influence of surface water system that does not practice filtration shall be prohibited.

7.4.7 Routine monitoring requirements for public water systems serving more than 1,000 people.

7.4.7.1 General.

7.4.7.1.1 The provisions of this section apply to public water systems serving more than 1,000 persons.

7.4.7.1.2 Following any total coliform positive sample taken under the provisions of this section, systems must comply with the repeat monitoring requirements and E. coli analytical requirements in subsection 7.4.8.

7.4.7.1.3 Once all monitoring required by this section and subsection 7.4.8 for a calendar month has been completed, systems must determine whether any coliform treatment technique triggers specified in subsection 7.4.9 have been exceeded. If any trigger has been exceeded, systems must complete assessments as required by subsection 7.4.9.

7.4.7.1.4 Seasonal systems.

7.4.7.1.4.1 Beginning January 1, 2016, all seasonal systems must demonstrate completion of a Division approved start-up procedure, which may include a requirement for start-up sampling prior to serving water to the public.

7.4.7.1.4.2 The Division may exempt any seasonal system from some or all of the requirements for seasonal systems if the entire distribution system remains pressurized during the entire period that the system is not operating.

7.4.7.2 Monitoring frequency for total coliforms. The monitoring frequency for total coliforms is based on the population served by the system, as follows:

7.4.7.3 Unfiltered subpart H systems. In accordance with subsection 16.1 a surface water or ground water under the direct influence of surface water system that does not practice filtration shall be prohibited.

7.4.7.4 Reduced monitoring. Systems may not reduce monitoring, except for non-community water systems using only ground water (and not ground water under the direct influence of surface water) serving 1,000 or fewer people in some months and more than 1,000 persons in other months. In months when more than 1,000 persons are served, the systems must monitor at the frequency specified in subsection 7.4.7.2. In months when 1,000 or fewer people are served, the Division may reduce the monitoring frequency, in writing, to a frequency allowed under subsection 7.4.4 for a similarly situated system that always serves 1,000 or fewer people, taking into account the provisions in subsections 7.4.4.5 through 7.4.4.7.

7.4.8 Repeat monitoring and E. coli requirements.

7.4.8.1 Repeat monitoring.

7.4.8.1.1 If a sample taken under subsections 7.4.4 through 7.4.7 is total coliform-positive, the system must collect a set of repeat samples within 24 hours of being notified of the positive result. The system must collect no fewer than three repeat samples for each total coliform-positive sample found. The Division may extend the 24-hour limit on a case-by-case basis if the system has a logistical problem in collecting the repeat samples within 24 hours that is beyond its control. Alternatively, the Division may implement criteria for the system to use in lieu of case-by-case extensions. In the case of an extension, the Division must specify how much time the system has to collect the repeat samples. The Division cannot waive the requirement for a system to collect repeat samples in subsections 7.4.8.1.1 through 7.4.8.1.3.

7.4.8.1.2 The system must collect all repeat samples on the same day, except that the Division may allow a system with a single service connection to collect the required set of repeat samples over a three-day period or to collect a larger volume repeat sample(s) in one or more sample containers of any size, as long as the total volume collected is at least 300 ml.

7.4.8.1.3 The system must collect an additional set of repeat samples in the manner specified in subsections 7.4.8.1.1 through 7.4.8.1.3 if one or more repeat samples in the current set of repeat samples is total coliform positive. The system must collect the additional set of repeat samples within 24 hours of being notified of the positive result, unless the Division extends the limit as provided in subsection 7.4.8.1.1. The system must continue to collect additional sets of repeat samples until either total coliforms are not detected in one complete set of repeat samples or the system determines that a coliform treatment technique trigger specified in subsection 7.4.9.1 has been exceeded as a result of a repeat sample being total coliform-positive and notifies the Division. If a trigger identified in subsection 7.4.9 is exceeded as a result of a routine sample being total coliform positive, systems are required to conduct only one round of repeat monitoring for each total coliform positive routine sample.

7.4.8.1.4 After a system collects a routine sample and before it learns the results of the analysis of that sample, if it collects another routine sample(s) from within five adjacent service connections of the initial sample, and the initial sample, after analysis, is found to contain total coliforms, then the system may count the subsequent sample(s) as a repeat sample instead of as a routine sample.

7.4.8.1.5 Results of all routine and repeat samples taken under subsections 7.4.4 through 7.4.8 not invalidated by the Division must be used to determine whether a coliform treatment technique trigger specified in subsection 7.4.9 has been exceeded.

7.4.8.2 Escherichia coli (E. coli) testing.

7.4.8.2.1 If any routine or repeat sample is total coliform-positive, the system must analyze that total coliform-positive culture medium to determine if E. coli are present. If E. coli are present, the system must notify the Division by the end of the day when the system is notified of the test result, unless the system is notified of the result after the Division office is closed and the Division does not have either an after-hours phone line or an alternative notification procedure, in which case the system must notify the Division before the end of the next business day.

7.4.8.2.2 The Division has the discretion to allow a system, on a case-by-case basis, to forgo E. coli testing on a total coliform-positive sample if that system assumes that the total coliform-positive sample is E. coli-positive. Accordingly, the system must notify the Division as specified in subsection 7.4.8.2.1 of this section and the provisions of subsection 7.2.1.1.3 apply.

7.4.9 Coliform treatment technique triggers and assessment requirements for protection against potential fecal contamination.

7.4.9.1 Treatment technique triggers. Systems must conduct assessments in accordance with subsection 7.4.9.2 after exceeding treatment technique triggers in subsections 7.4.9.1.1 and 7.4.9.1.2.

7.4.9.1.1 Level 1 treatment technique triggers.

7.4.9.1.1.1 For systems taking 40 or more samples per month, the system exceeds 5.0% total coliform-positive samples for the month.

7.4.9.1.1.2 For systems taking fewer than 40 samples per month, the system has two or more total coliform-positive samples in the same month.

7.4.9.1.1.3 The system fails to take every required repeat sample after any single total coliform-positive sample.

7.4.9.1.2 Level 2 treatment technique triggers.

7.4.9.1.2.1 An E. coli MCL violation, as specified in subsection 7.4.10.1.

7.4.9.1.2.2 A second Level 1 trigger as defined in subsection 7.4.9.1.1, within a rolling 12-month period, unless the Division has determined a likely reason that the samples that caused the first Level 1 treatment technique trigger were total coliform positive and has established that the system has corrected the problem.

7.4.9.1.2.3 For systems with approved annual monitoring, a Level 1 trigger in two consecutive years.

7.4.9.2 Requirements for assessments.

7.4.9.2.1 Systems must ensure that Level 1 and 2 assessments are conducted in order to identify the possible presence of sanitary defects and defects in distribution system coliform monitoring practices. Level 2 assessments must be conducted by parties approved by the Division.

7.4.9.2.2 When conducting assessments, systems must ensure that the assessor evaluates minimum elements that include review and identification of inadequacies in sample sites; sampling protocol; sample processing; atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., small ground water systems); and existing water quality monitoring data. The system must conduct the assessment consistent with any Division directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system.

7.4.9.2.3 Level 1 Assessments. A system must conduct a Level 1 assessment consistent with Division requirements if the system exceeds one of the treatment technique triggers in subsection 7.4.9.1.1.

7.4.9.2.3.1 The system must complete a Level 1 assessment as soon as practical after any trigger in subsection 7.4.9.1.1. In the completed assessment form, the system must describe sanitary defects detected, corrective actions completed, and a proposed timetable for any corrective actions not already completed. The assessment form may also note that no sanitary defects were identified. The system must submit the completed Level 1 assessment form to the Division within 30 days after the system learns that it has exceeded a trigger.

7.4.9.2.3.2 If the Division reviews the completed Level 1 assessment and determines that the assessment is not sufficient (including any proposed timetable for any corrective actions not already completed), the Division must consult with the system. If the Division requires revisions after consultation, the system must submit a revised assessment form to the Division on an agreed-upon schedule not to exceed 30 days from the date of the consultation.

7.4.9.2.3.3 Upon completion and submission of the assessment form by the system, the Division must determine if the system has identified a likely cause for the Level 1 trigger and, if so, establish that the system has corrected the problem, or has included a schedule acceptable to the Division for correcting the problem.

7.4.9.2.4 Level 2 Assessments. A system must ensure that a Level 2 assessment consistent with Division requirements is conducted if the system exceeds one of the treatment technique triggers in subsection 7.4.9.1.2. The system must comply with any expedited actions or additional actions required by the Division in the case of an E. coli MCL violation.

7.4.9.2.4.1 The system must ensure that a Level 2 assessment is completed by the Division or by a party approved by the Division as soon as practical after any trigger in subsection 7.4.9.1.2. The system must submit a completed Level 2 assessment form to the Division within 30 days after the system learns that it has exceeded a trigger. The assessment form must describe sanitary defects detected, corrective actions completed, and a proposed timetable for any corrective actions not already completed. The assessment form may also note that no sanitary defects were identified.

7.4.9.2.4.2 The system may conduct Level 2 assessments if the system has staff or management with the certification or qualifications specified by the Division unless otherwise directed by the Division.

7.4.9.2.4.3 If the Division reviews the completed Level 2 assessment and determines that the assessment is not sufficient (including any proposed timetable for any corrective actions not already completed), the Division must consult with the system. If the Division requires revisions after consultation, the system must submit a revised assessment form to the Division on an agreed-upon schedule not to exceed 30 days.

7.4.9.2.4.4 Upon completion and submission of the assessment form by the system, the Division must determine if the system has identified a likely cause for the Level 2 trigger and determine whether the system has corrected the problem, or has included a schedule acceptable to the Division for correcting the problem.

7.4.9.3 Corrective Action. Systems must correct sanitary defects found through either Level 1 or 2 assessments conducted under subsection 7.4.9.2. For corrections not completed by the time of submission of the assessment form, the system must complete the corrective action(s) in compliance with a timetable approved by the Division in consultation with the system. The system must notify the Division when each scheduled corrective action is completed.

7.4.9.4 Consultation. At any time during the assessment or corrective action phase, either the water system or the Division may request a consultation with the other party to determine the appropriate actions to be taken. The system may consult with the Division on all relevant information that may impact on its ability to comply with a requirement of this subpart, including the method of accomplishment, an appropriate timeframe, and other relevant information.

7.4.10 Violations.

7.4.10.1 E. coli MCL Violation. A system is in violation of the MCL for E. coli when any of the conditions identified in subsections 7.4.10.1.1 through 7.4.10.1.4 occur.

7.4.10.1.1 The system has an E. coli-positive repeat sample following a total coliform positive routine sample.

7.4.10.1.2 The system has a total coliform positive repeat sample following an E. coli-positive routine sample.

7.4.10.1.3 The system fails to take all required repeat samples following an E. coli-positive routine sample.

7.4.10.1.4 The system fails to test for E. coli when any repeat sample tests positive for total coliform.

7.4.10.2 Treatment technique violation.

7.4.10.2.1 A treatment technique violation occurs when a system exceeds a treatment technique trigger specified in subsection 7.4.9.1 and then fails to conduct the required assessment or corrective actions within the timeframe specified in subsections 7.4.9.2 and 7.4.9.3.

7.4.10.2.2 A treatment technique violation occurs when a seasonal system fails to complete a Division-approved start-up procedure prior to serving water to the public.

7.4.10.3 Monitoring violations.

7.4.10.3.1 Failure to take every required routine or additional routine sample in a compliance period is a monitoring violation.

7.4.10.3.2 Failure to analyze for E. coli following a total coliform-positive routine sample is a monitoring violation.

7.4.10.4 Reporting violations.

7.4.10.4.1 Failure to submit a monitoring report or completed assessment form after a system properly conducts monitoring or assessment in a timely manner is a reporting violation.

7.4.10.4.2 Failure to notify the Division following an E. coli-positive sample as required by subsection 7.4.8.2.1 in a timely manner is a reporting violation.

7.4.10.4.3 Failure to submit certification of completion of Division-approved start-up procedure by a seasonal system is a reporting violation.

7.4.11 Reporting and recordkeeping.

7.4.11.1 Reporting.

7.4.11.1.1 E. coli.

7.4.11.1.1.1 A system must notify the Division by the end of the day when the system learns of an E. coli MCL violation, unless the system learns of the violation after the Division office is closed and the Division does not have either an after-hours phone line or an alternative notification procedure, in which case the system must notify the Division before the end of the next business day, and notify the public in accordance with Section 4.0.

7.4.11.1.1.2 A system must notify the Division by the end of the day when the system is notified of an E. coli-positive routine sample, unless the system is notified of the result after the Division office is closed and the Division does not have either an after-hours phone line or an alternative notification procedure, in which case the system must notify the Division before the end of the next business day.

7.4.11.1.2 A system that has violated the treatment technique for coliforms in subsection 7.4.9 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 4.0.

7.4.11.1.3 A system required to conduct an assessment under the provisions of subsection 7.4.9 must submit the assessment report within 30 days. The system must notify the Division in accordance with subsection 7.4.9.3 when each scheduled corrective action is completed for corrections not completed by the time of submission of the assessment form.

7.4.11.1.4 A system that has failed to comply with a coliform monitoring requirement must report the monitoring violation to the Division within 10 days after the system discovers the violation, and notify the public in accordance with Section 4.0.

7.4.11.1.5 A seasonal system must certify, prior to serving water to the public, that it has complied with the Division-approved start-up procedure.

7.4.11.2 Recordkeeping.

7.4.11.2.1 The system must maintain any assessment form, regardless of who conducts the assessment, and documentation of corrective actions completed as a result of those assessments, or other available summary documentation of the sanitary defects and corrective actions taken under subsection 7.4.9 for Division review. This record must be maintained by the system for a period not less than five years after completion of the assessment or corrective action.

7.4.11.2.2 The system must maintain a record of any repeat sample taken that meets Division criteria for an extension of the 24-hour period for collecting repeat samples as provided for under subsection 7.4.8.1.1.

8.1 General requirements and applicability

8.1.1 Scope of this section. The requirements of the ground water rule constitute National Primary Drinking Water Regulations.

8.1.2 Applicability. This section applies to all public water systems that use ground water except that it does not apply to public water systems that combine all of their ground water with surface water or with ground water under the direct influence of surface water prior to treatment under subpart H. For the purposes of this section, “ground water system” is defined as any public water system meeting this applicability statement, including consecutive systems receiving finished ground water.

8.1.3 General requirements. Systems subject to this section must comply with the following requirements:

8.1.3.1 Sanitary survey information requirements for all ground water systems as described in subsection 8.2.

8.1.3.2 Microbial source water monitoring requirements for ground water systems that do not treat all of their ground water to at least 99.99 percent (4-log) treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer as described in subsection 8.3.

8.1.3.3 Treatment technique requirements, described in subsection 8.4, that apply to ground water systems that have fecally contaminated source waters, as determined by source water monitoring conducted under subsection 8.3, or that have significant deficiencies that are identified by the Division or that are identified by EPA under SDWA section 1445. A ground water system with fecally contaminated source water or with significant deficiencies subject to the treatment technique requirements of this section must implement one or more of the following corrective action options: correct all significant deficiencies; provide an alternate source of water; eliminate the source of contamination; or provide treatment that reliably achieves at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer.

8.1.3.4 Ground water systems that provide at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer are required to conduct compliance monitoring to demonstrate treatment effectiveness, as described in subsection 8.4.2.

8.1.3.5 If requested by the Division, ground water systems must provide the Division with any existing information that will enable the State to perform a hydrogeologic sensitivity assessment. For the purposes of this section, “hydrogeologic sensitivity assessment” is a determination of whether ground water systems obtain water from hydrogeologically sensitive settings.

8.1.4 Compliance date. Ground water systems must comply, unless otherwise noted, with the requirements of this section beginning December 1, 2009.

8.2 Sanitary surveys for ground water systems.

8.2.1 Ground water systems must provide the Division, at the Division's request, any existing information that will enable the Division to conduct a sanitary survey.

8.2.2 For the purposes of this section, a “sanitary survey,” as conducted by the Division, includes but is not limited to, an onsite review of the water source(s) (identifying sources of contamination by using results of source water assessments or other relevant information where available), facilities, equipment, operation, maintenance, and monitoring compliance of a public water system to evaluate the adequacy of the system, its sources and operations and the distribution of safe drinking water.

8.2.3 The sanitary survey must include an evaluation of the applicable components listed in subsections 8.2.3.1 through 8.2.3.8:

8.2.3.1 Source;

8.2.3.2 Treatment;

8.2.3.3 Distribution system;

8.2.3.4 Finished water system;

8.2.3.5 Pumps, pump facilities, and controls;

8.2.3.6 Monitoring, reporting, and data verification;

8.2.3.7 System management and operation; and

8.2.3.8 Operator compliance with Division requirements.

8.3 Ground water source microbial monitoring and analytical methods.

8.3.1 Triggered source water monitoring.

8.3.1.1 General requirements. A ground water system must conduct triggered source water monitoring if the conditions identified in subsections 8.3.1.1.1, 8.3.1.1.2 and 8.3.1.1.3 exist.

8.3.1.1.1 The system does not provide at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer for each ground water source; and

8.3.1.1.2 The system is notified that a sample collected under subsection 7.1 is total coliform-positive and the sample is not invalidated under subsection 7.2.2 until December 31, 2015.

8.3.1.1.3 The system is notified that a sample collected under subsection 7.4.7 is total coliform-positive and the sample is not invalidated under subsection 7.4.3.3 beginning January 1, 2016.

8.3.1.2 Sampling Requirements. A ground water system must collect, within 24 hours of notification of the total coliform-positive sample, at least one ground water source sample from each ground water source in use at the time the total coliform-positive sample was collected under subsection 7.1 until December 31, 2015, or collected under subsections 7.4.4 through 7.4.7 beginning January 1, 2016 except as provided in subsection 8.3.1.2.2.

8.3.1.2.1 The Division may extend the 24-hour time limit on a case-by-case basis if the system cannot collect the ground water source water sample within 24 hours due to circumstances beyond its control. In the case of an extension, the Division must specify how much time the system has to collect the sample.

8.3.1.2.2 If approved by the Division, systems with more than one ground water source may meet the requirements of subsection 8.3.1.2 by sampling a representative ground water source or sources. If directed by the Division, systems must submit for Division approval a triggered source water monitoring plan that identifies one or more ground water sources that are representative of each monitoring site in the system's sample siting plan under subsection 7.1 until December 31, 2015, or under subsection 7.4.3 beginning January 1, 2016 and that the system intends to use for representative sampling under this paragraph.

8.3.1.2.3 Until December 31, 2015 a ground water system serving 1,000 people or fewer may use a repeat sample collected from a ground water source to meet both the requirements of subsection 7.2.3 and to satisfy the monitoring requirements of subsection 8.3.1.2 for that ground water source only if the Division approves the use of E. coli as a fecal indicator for source water monitoring under subsection 8.3.1. If the repeat sample collected from the ground water source is E. coli-positive, the system must comply with subsection 8.3.1.3.

8.3.1.2.4 Beginning January 1, 2016 a ground water system serving 1,000 or fewer people may use a repeat sample collected from a ground water source to meet both the requirements of subsection 7.4 and to satisfy the monitoring requirements of subsection 8.3.1.2 for that ground water source only if the Division approves the use of E. coli as a fecal indicator for source water monitoring under subsection 8.3.1 and approves the use of a single sample for meeting both the triggered source water monitoring requirements in subsection 8.3.1 and the repeat monitoring requirements in subsection 7.4.8. If the repeat sample collected from the ground water source is E. coli-positive, the system must comply with subsection 8.3.1.3.

8.3.1.3 Additional Requirements. If the Division does not require corrective action under subsection 8.4.1.2 for a fecal indicator-positive source water sample collected under subsection 8.3.1.2 that is not invalidated under subsection 8.3.4, the system must collect five additional source water samples from the same source within 24 hours of being notified of the fecal indicator-positive sample.

8.3.1.4 Consecutive and Wholesale Systems.

8.3.1.4.1 In addition to the other requirements of subsection 8.3.1, a consecutive ground water system that has a total coliform-positive sample collected under subsection 7.1 until December 31, 2015 or under subsections 7.4.4 through 7.4.7 beginning January 1, 2016 must notify the wholesale system(s) within 24 hours of being notified of the total coliform-positive sample.

8.3.1.4.2 In addition to the other requirements of subsection 8.3.1, a wholesale ground water system must comply with subsections 8.3.1.4.2.1 and 8.3.1.4.2.2.

8.3.1.4.2.1 A wholesale ground water system that receives notice from a consecutive system it serves that a sample collected under subsection 7.11 until December 31, 2015 or under subsections 7.4.4 through 7.4.7 beginning January 1, 2016 is total coliform-positive must, within 24 hours of being notified, collect a sample from its ground water source(s) under subsection 8.3.1.2 and analyze it for a fecal indicator under subsection 8.3.3.

8.3.1.4.2.2 If the sample collected under subsection 8.3.1.4.2.1 is fecal indicator-positive, the wholesale ground water system must notify all consecutive systems served by that ground water source of the fecal indicator source water positive within 24 hours of being notified of the ground water source sample monitoring result and must meet the requirements of subsection 8.3.1.3.

8.3.1.5 Exceptions to the Triggered Source Water Monitoring Requirements. A ground water system is not required to comply with the source water monitoring requirements of subsection 8.3.1 if either of the following conditions exists:

8.3.1.5.1 The Division determines, and documents in writing, that the total coliform-positive sample collected under subsection 7.1 1 until December 31, 2015 or under subsections 7.4.4 through 7.4.7 beginning January 1, 2016 is caused by a distribution system deficiency; or

8.3.1.5.2 The total coliform-positive sample collected under subsection 7.1 1 until December 31, 2015 or under subsections 7.4.4 through 7.4.7 beginning January 1, 2016 is collected at a location that meets Division criteria for distribution system conditions that will cause total coliform-positive samples.

8.3.2 Assessment Source Water Monitoring. If directed by the Division, ground water systems must conduct assessment source water monitoring that meets Division-determined requirements for such monitoring. A ground water system conducting assessment source water monitoring may use a triggered source water sample collected under subsection 8.3.1.2 to meet the requirements of subsection 8.3.2. Division-determined assessment source water monitoring requirements may include:

8.3.2.1 Collection of a total of 12 ground water source samples that represent each month the system provides ground water to the public;

8.3.2.2 Collection of samples from each well unless the system obtains written Division approval to conduct monitoring at one or more wells within the ground water system that are representative of multiple wells used by that system and that draw water from the same hydrogeologic setting;

8.3.2.3 Collection of a standard sample volume of at least 100 mL for fecal indicator analysis regardless of the fecal indicator or analytical method used;

8.3.2.4 Analysis of all ground water source samples using one of the analytical methods listed in subsection 8.3.3.2 for the presence of E. coli, enterococci, or coliphage;

8.3.2.5 Collection of ground water source samples at a location prior to any treatment of the ground water source unless the Division approves a sampling location after treatment; and

8.3.2.6 Collection of ground water source samples at the well itself unless the system's configuration does not allow for sampling at the well itself and the Division approves an alternate sampling location that is representative of the water quality of that well.

8.3.3 Analytical methods.

8.3.3.1 A ground water system subject to the source water monitoring requirements of subsection 8.3.1 must collect a standard sample volume of at least 100 mL for fecal indicator analysis regardless of the fecal indicator or analytical method used.

8.3.3.2 A ground water system must analyze all ground water source samples collected under subsection 8.3.1 using one of the analytical methods listed in the following table for the presence of E. coli, enterococci, or coliphage:

Analyses must be conducted in accordance with the documents listed below. The Director of the Federal Register approves the incorporation by reference of the documents listed in footnotes 2-11 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the documents may be obtained from the sources listed below. Copies may be inspected at EPA's Drinking Water Docket, EPA West, 1301 Constitution Avenue, NW., EPA West, Room B102, Washington DC 20460 (Telephone: 202-566-2426); or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741- 6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

8.3.4 Invalidation of a fecal indicator-positive ground water source sample.

8.3.4.1 A ground water system may obtain Division invalidation of a fecal indicator-positive ground water source sample collected under subsection 8.3.1 only under the conditions specified in subsections 8.3.4.1.1 and 8.3.4.1.2.

8.3.4.1.1 The system provides the Division with written notice from the laboratory that improper sample analysis occurred; or

8.3.4.1.2 The Division determines and documents in writing that there is substantial evidence that a fecal indicator-positive ground water source sample is not related to source water quality.

8.3.4.2 If the Division invalidates a fecal indicator-positive ground water source sample, the ground water system must collect another source water sample under subsection 8.3.1 within 24 hours of being notified by the Division of its invalidation decision and have it analyzed for the same fecal indicator using the analytical methods in subsection 8.3.3. The Division may extend the 24-hour time limit on a case-by-case basis if the system cannot collect the source water sample within 24 hours due to circumstances beyond its control. In the case of an extension, the Division must specify how much time the system has to collect the sample.

8.3.5 Sampling location.

8.3.5.1 Any ground water source sample required under subsection 8.3.1 must be collected at a location prior to any treatment of the ground water source unless the Division approves a sampling location after treatment.

8.3.5.2 If the system's configuration does not allow for sampling at the well itself, the system may collect a sample at a Division-approved location to meet the requirements of subsection 8.3.1 if the sample is representative of the water quality of that well.

8.3.6 New Sources. If directed by the Division, a ground water system that places a new ground water source into service after November 30, 2009, must conduct assessment source water monitoring under subsection 8.3.2. If directed by the Division, the system must begin monitoring before the ground water source is used to provide water to the public.

8.3.7 Public Notification. A ground water system with a ground water source sample collected under subsections 8.3.1 or 8.3.2 that is fecal indicator-positive and that is not invalidated under subsection 8.3.4, including consecutive systems served by the ground water source, must conduct public notification under subsection 4.2.1.1.1.

8.3.8 Monitoring Violations. Failure to meet the requirements of subsections 8.3.1 through 8.3.6 is a monitoring violation and requires the ground water system to provide public notification under subsection 4.2.1.1.3.

8.4 Treatment technique requirements for ground water systems.

8.4.1 Ground water systems with significant deficiencies or source water fecal contamination.

8.4.1.1 The treatment technique requirements of this section must be met by ground water systems when a significant deficiency is identified or when a ground water source sample collected under subsection 8.3.1.3 is fecal indicator-positive.

8.4.1.2 If directed by the Division, a ground water system with a ground water source sample collected under subsection 8.3.1.2, subsection 8.3.1.4, or subsection 8.3.2 that is fecal indicator-positive must comply with the treatment technique requirements of this subsection.

8.4.1.3 When a significant deficiency is identified at a Subpart H public water system that uses both ground water and surface water or ground water under the direct influence of surface water, the system must comply with provisions of subsection 8.4 except in cases where the Division determines that the significant deficiency is in a portion of the distribution system that is served solely by surface water or ground water under the direct influence of surface water.

8.4.1.4 Unless the Division directs the ground water system to implement a specific corrective action, the ground water system must consult with the Division regarding the appropriate corrective action within 30 days of receiving written notice from the Division of a significant deficiency, written notice from a laboratory that a ground water source sample collected under subsection 8.3.1.3 was found to be fecal indicator-positive, or direction from the Division that a fecal indicator-positive collected under subsection 8.3.1.2, subsection 8.3.1.4, or subsection 8.3.2 requires corrective action. For the purposes of this section, significant deficiencies include, but are not limited to, defects in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the Division determines to be causing, or have potential for causing, the introduction of contamination into the water delivered to consumers.

8.4.1.5 Within 120 days (or earlier if directed by the Division) of receiving written notification from the Division of a significant deficiency, written notice from a laboratory that a ground water source sample collected under subsection 8.3.1.3 was found to be fecal indicator-positive, or direction from the Division that a fecal indicator-positive sample collected under subsection 8.3.1.2, subsection 8.3.1.4, or subsection 8.3.2 requires corrective action, the ground water system must either:

8.4.1.5.1 Have completed corrective action in accordance with applicable Division plan review processes or other Division guidance or direction, if any, including Division-specified interim measures; or

8.4.1.5.2 Be in compliance with a Division-approved corrective action plan and schedule subject to the conditions specified in subsections 8.4.1.5.2.1 and 8.4.1.5.2.2.

8.4.1.5.2.1 Any subsequent modifications to a Division-approved corrective action plan and schedule must also be approved by the Division.

8.4.1.5.2.2 If the Division specifies interim measures for protection of the public health pending Division approval of the corrective action plan and schedule or pending completion of the corrective action plan, the system must comply with these interim measures as well as with any schedule specified by the Division.

8.4.1.6 Corrective Action Alternatives. Ground water systems that meet the conditions of subsections 8.4.1.1 or 8.4.1.2 must implement one or more of the following corrective action alternatives:

8.4.1.6.1 Correct all significant deficiencies;

8.4.1.6.2 Provide an alternate source of water;

8.4.1.6.3 Eliminate the source of contamination; or

8.4.1.6.4 Provide treatment that reliably achieves at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer for the ground water source.

8.4.1.7 Special notice to the public of significant deficiencies or source water fecal contamination.

8.4.1.7.1 In addition to the applicable public notification requirements of subsection 4.2.1.1.1, a community ground water system that receives notice from the Division of a significant deficiency or notification of a fecal indicator-positive ground water source sample that is not invalidated by the Division under subsection 8.3.4 must inform the public served by the water system under subsection 4.3.3.8.6 of the fecal indicator-positive source sample or of any significant deficiency that has not been corrected. The system must continue to inform the public annually until the significant deficiency is corrected or the fecal contamination in the ground water source is determined by the Division to be corrected under subsection 8.4.1.5.

8.4.1.7.2 In addition to the applicable public notification requirements of subsection 4.2.1.1.1, a non-community ground water system that receives notice from the Division of a significant deficiency must inform the public served by the water system in a manner approved by the Division of any significant deficiency that has not been corrected within 12 months of being notified by the Division, or earlier if directed by the Division. The system must continue to inform the public annually until the significant deficiency is corrected. The information must include:

8.4.1.7.2.1 The nature of the significant deficiency and the date the significant deficiency was identified by the Division;

8.4.1.7.2.2 The Division-approved plan and schedule for correction of the significant deficiency, including interim measures, progress to date, and any interim measures completed; and

8.4.1.7.2.3 For systems with a large proportion of non-English speaking consumers, as determined by the Division, information in the appropriate language(s) regarding the importance of the notice or a telephone number or address where consumers may contact the system to obtain a translated copy of the notice or assistance in the appropriate language.

8.4.1.7.3 If directed by the Division, a non-community water system with significant deficiencies that have been corrected must inform its customers of the significant deficiencies, how the deficiencies were corrected, and the dates of correction under subsection 8.4.1.7.2.

8.4.2 Compliance monitoring

8.4.2.1 Existing ground water sources. A ground water system that is not required to meet the source water monitoring requirements of this subsection for any ground water source because it provides at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer for any ground water source before December 1, 2009, must notify the Division in writing that it provides at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer for the specified ground water source and begin compliance monitoring in accordance with subsection 8.4.2.3 by December 1, 2009. Notification to the Division must include engineering, operational, or other information that the Division requests to evaluate the submission. If the system subsequently discontinues 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer for a ground water source, the system must conduct ground water source monitoring as required under subsection 8.3.

8.4.2.2 New ground water sources. A ground water system that places a ground water source in service after November 30, 2009, that is not required to meet the source water monitoring requirements of this subsection because the system provides at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer for the ground water source must comply with the requirements of subsections 8.4.2.2.1, 8.4.2.2.2 and 8.4.2.2.3.

8.4.2.2.1 The system must notify the Division in writing that it provides at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer for the ground water source. Notification to the Division must include engineering, operational, or other information that the division requests to evaluate the submission.

8.4.2.2.2 The system must conduct compliance monitoring as required under subsection 8.4.2.3 within 30 days of placing the source in service.

8.4.2.2.3 The system must conduct ground water source monitoring under subsection 8.3 if the system subsequently discontinues 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer for the ground water source.

8.4.2.3 Monitoring requirements. A ground water system subject to the requirements of subsections 8.4.2.1, 8.4.2.2.1 or 8.4.2.2.2 must monitor the effectiveness and reliability of treatment for that ground water source before or at the first customer as follows:

8.4.2.3.1 Chemical disinfection

8.4.2.3.1.1 Ground water systems serving greater than 3,300 people. A ground water system that serves greater than 3,300 people must continuously monitor the residual disinfectant concentration using analytical methods specified in subsection 1.19.2 at a location approved by the Division and must record the lowest residual disinfectant concentration each day that water from the ground water source is served to the public. The ground water system must maintain the Division-determined residual disinfectant concentration every day the ground water system serves water from the ground water source to the public. If there is a failure in the continuous monitoring equipment, the ground water system must conduct grab sampling every four hours until the continuous monitoring equipment is returned to service. The system must resume continuous residual disinfectant monitoring within 14 days.

8.4.2.3.1.2 Ground water systems serving 3,300 or fewer people. A ground water system that serves 3,300 or fewer people must monitor the residual disinfectant concentration using analytical methods specified in subsection 1.19.2 at a location approved by the Division and record the residual disinfection concentration each day that water from the ground water source is served to the public. The ground water system must maintain the Division-determined residual disinfectant concentration every day the ground water system serves water from the ground water source to the public. The ground water system must take a daily grab sample during the hour of peak flow or at another time specified by the Division. If any daily grab sample measurement falls below the Division-determined residual disinfectant concentration, the ground water system must take follow-up samples every four hours until the residual disinfectant concentration is restored to the Division-determined level. Alternatively, a ground water system that serves 3,300 or fewer people may monitor continuously and meet the requirements of subsection 8.4.2.3.1.1.

8.4.2.3.2 Membrane filtration. A ground water system that uses membrane filtration to meet the requirements of this section must monitor the membrane filtration process in accordance with all Division-specified monitoring requirements and must operate the membrane filtration in accordance with all Division-specified compliance requirements. A ground water system that uses membrane filtration is in compliance with the requirement to achieve at least 4-log removal of viruses when:

8.4.2.3.2.1 The membrane has an absolute molecular weight cut-off (MWCO), or an alternate parameter that describes the exclusion characteristics of the membrane, that can reliably achieve at least 4-log removal of viruses;

8.4.2.3.2.2 The membrane process is operated in accordance with Division-specified compliance requirements; and

8.4.2.3.2.3 The integrity of the membrane is intact.

8.4.2.3.3 Alternative treatment. A ground water system that uses a Division-approved alternative treatment to meet the requirements of this section by providing at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer must:

8.4.2.3.3.1 Monitor the alternative treatment in accordance with all Division-specified monitoring requirements; and

8.4.2.3.3.2 Operate the alternative treatment in accordance with all compliance requirements that the Division determines to be necessary to achieve at least 4-log treatment of viruses.

8.4.3 Discontinuing treatment. A ground water system may discontinue 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer for a ground water source if the Division determines and documents in writing that 4-log treatment of viruses is no longer necessary for that ground water source. A system that discontinues 4-log treatment of viruses is subject to the source water monitoring and analytical methods requirements of subsection 8.3.

8.4.4 Failure to meet the monitoring requirements of subsection 8.4.2.1 is a monitoring violation and requires the ground water system to provide public notification under subsection 4.2.1.1.3.

8.5 Treatment technique violations for ground water systems.

8.5.1 A ground water system with a significant deficiency is in violation of the treatment technique requirement if, within 120 days (or earlier if directed by the Division) of receiving written notice from the Division of the significant deficiency, the system:

8.5.1.1 Does not complete corrective action in accordance with any applicable Division plan review processes or other Division guidance and direction, including Division specified interim actions and measures; or

8.5.1.2 Is not in compliance with a Division-approved corrective action plan and schedule.

8.5.2 Unless the Division invalidates a fecal indicator-positive ground water source sample under subsection 8.3.4, a ground water system is in violation of the treatment technique requirement if, within 120 days (or earlier if directed by the Division) of meeting the conditions of subsection 8.4.1.1 or subsection 8.4.1.2, the system:

8.5.2.1 Does not complete corrective action in accordance with any applicable Division plan review processes or other Division guidance and direction, including Division-specified interim measures; or

8.5.2.2 Is not in compliance with a Division-approved corrective action plan and schedule.

8.5.3 A ground water system subject to the requirements of subsection 8.4.2.3 that fails to maintain at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer for a ground water source is in violation of the treatment technique requirement if the failure is not corrected within four hours of determining the system is not maintaining at least 4-log treatment of viruses before or at the first customer.

8.5.4 Ground water system must give public notification under subsection 4.2.1.1.2 for the treatment technique violations specified in subsections 8.5.1, 8.5.2 and 8.5.3.

8.6 Reporting and recordkeeping for ground water systems.

8.6.1 Reporting. In addition to the requirements of subsection 4.1, a ground water system regulated under this section must provide the following information to the Division:

8.6.1.1 A ground water system conducting compliance monitoring under subsection 8.4.2 must notify the Division any time the system fails to meet any Division-specified requirements including, but not limited to, minimum residual disinfectant concentration, membrane operating criteria or membrane integrity, and alternative treatment operating criteria, if operation in accordance with the criteria or requirements is not restored within four hours. The ground water system must notify the Division as soon as possible, but in no case later than the end of the next business day.

8.6.1.2 After completing any corrective action under subsection 8.4.1, a ground water system must notify the Division within 30 days of completion of the corrective action.

8.6.1.3 If a ground water system subject to the requirements of subsection 8.3.1 does not conduct source water monitoring under subsection 8.3.1.5.3, the system must provide documentation to the Division within 30 days of the total coliform positive sample that it met the Division criteria.

8.6.2 Recordkeeping. In addition to the requirements of Section 5.0, a ground water system regulated under this section must maintain the following information in its records:

8.6.2.1 Documentation of corrective actions. Documentation shall be kept for a period of not less than ten years.

8.6.2.2 Documentation of notice to the public as required under subsection 8.4.1.7. Documentation shall be kept for a period of not less than three years.

8.6.2.3 Records of decisions under subsection 8.3.1.5.2 and records of invalidation of fecal indicator-positive ground water source samples under subsection 8.3.4. Documentation shall be kept for a period of not less than five years.

8.6.2.4 For consecutive systems, documentation of notification to the wholesale system(s) of total-coliform positive samples that are not invalidated under subsection 7.2.2 until December 31, 2015, or under subsection 7.4.3. Documentation shall be kept for a period of not less than five years.

8.6.2.5 For systems, including wholesale systems, that are required to perform compliance monitoring under subsection 8.4.2:

8.6.2.5.1 Records of the Division-specified minimum disinfectant residual. Documentation shall be kept for a period of not less than ten years.

8.6.2.5.2 Records of the lowest daily residual disinfectant concentration and records of the date and duration of any failure to maintain the Division-prescribed minimum residual disinfectant concentration for a period of more than four hours. Documentation shall be kept for a period of not less than five years.

8.6.2.5.3 Records of Division-specified compliance requirements for membrane filtration and of parameters specified by the Division for Division-approved alternative treatment and records of the date and duration of any failure to meet the membrane operating, membrane integrity, or alternative treatment operating requirements for more than four hours. Documentation shall be kept for a period of not less than five years.

9.1 Inorganic Chemical Requirements

9.1.1 PMCLs AND SMCLs: The following are the inorganic PMCLs and SMCLs (mg/L - milligrams per liter). Compliance is determined pursuant to subsection 9.1.2 through 9.1.13.

9.1.1.1 Table of PMCLs

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

9.1.1.2 Table of SMCLs

9.1.1.3 Table for Lead/Copper MCLGs: The Maximum Contaminant Level Goals (MCLG) for lead and copper are as follows:

9.1.2 Sampling and Analytical Requirements:

9.1.2.1 Community water systems shall conduct monitoring to determine compliance with the maximum contaminant levels specified in subsection 9.1.1 in accordance with subsections 9.1.3 through 9.1.13. Non-transient, non-community water systems shall conduct monitoring to determine compliance with the maximum contaminant levels specified in subsection 9.1.1 in accordance with subsections 9.1.3 through 9.1.13. Transient, non-community water systems shall conduct monitoring to determine compliance with the nitrate and nitrite maximum contaminant levels in subsection 9.1.1 in accordance with subsections 9.1.3 through 9.1.13.

9.1.2.2 Detection limits for each analytical method shall be in accordance with 40 CFR 141.23(a)(4)(i) as amended. Copies may be obtained from the Office of Drinking Water.

9.1.3 Monitoring shall be conducted as follows:

9.1.3.1 Groundwater systems shall take a minimum of one sample at every entry point to the distribution system which is representative of each well after treatment [hereafter called a sampling point] beginning in the compliance period starting January 1, 1993. The system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

9.1.3.1.1 Groundwater systems with 150 or more service connections shall begin monitoring for Phase II and Phase V contaminants on January 1, 1993.

9.1.3.1.2 Groundwater systems with less than 150 service connections shall begin monitoring for Phase II contaminants on January 1, 1993 and for Phase V contaminants on January 1, 1996.

9.1.3.2 Surface water systems shall take a minimum of one sample at every entry point to the distribution system after any application of treatment or in the distribution system at a point which is representative of each source after treatment [hereafter called a sampling point] beginning in the compliance period beginning January 1, 1993. The system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

NOTE: For purposes of this paragraph, surface water systems include systems with a combination of surface and ground sources.

9.1.3.2.1 Surface water systems with 150 or more service connections shall begin monitoring for Phase II and Phase V contaminants on January 1, 1993.

9.1.3.2.2 Surface water systems with less than 150 service connections shall begin monitoring for Phase II contaminants on January 1, 1993 and for Phase V contaminants on January 1, 1996.

9.1.3.3 If a system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water is representative of all sources being used).

9.1.3.4 The Division may reduce the total number of samples which must be analyzed by allowing the use of compositing. Composite samples from a maximum of five sampling points are allowed provided that the detection limit of the method used for analysis is less than one-fifth of the MCL. Compositing of samples must be done in the laboratory.

9.1.3.4.1 If the concentration in the composite sample is greater than or equal to one-fifth of the MCL of any inorganic chemical, then a follow-up sample must be taken within 14 days at each sampling point included in the composite. These samples must be analyzed for the contaminants which exceeded one-fifth of the MCL in the composite sample.

9.1.3.4.2 If the population served by the system is >3,300 persons, then compositing may only be permitted by the Division at sampling points within a single system. In systems serving ≤3,300 persons, the Division may permit compositing among different systems provided the 5-sample limit is maintained.

9.1.3.4.3 If duplicates of the original sample taken from each sampling point used in the composite are available, the system may use these instead of resampling. The duplicates must be analyzed and the results reported to the Division within 14 days of collection

9.1.3.5 The frequency of monitoring for asbestos shall be in accordance with subsection 9.1.4; the frequency of monitoring for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium and thallium shall be in accordance with subsection 9.1.5; the frequency of monitoring for nitrate shall be in accordance with subsection 9.1.6; and the frequency of monitoring for nitrite shall be in accordance with subsection 9.1.7.

9.1.4 The frequency of monitoring conducted to determine compliance with the maximum contaminant level for asbestos specified in subsection 9.1.1 shall be conducted as follows:

9.1.4.1 Each community and non-transient, non-community water system is required to monitor for asbestos during the first three-year compliance period of each nine-year compliance cycle beginning in the compliance period starting January 1, 1993.

9.1.4.2 If the system believes it is not vulnerable to either asbestos contamination in its source water or due to corrosion of asbestos-cement pipe, or both, it may apply to the Division for a waiver of the monitoring requirement in subsection 9.1.4.1. If the Division grants the waiver, the system is not required to monitor.

9.1.4.3 The Division may grant a waiver based on a consideration of the following factors:

9.1.4.3.1 Potential asbestos contamination of the water source, and

9.1.4.3.2 The use of asbestos-cement pipe for finished water distribution and the corrosive nature of the water.

9.1.4.4 A waiver remains in effect until the completion of the three-year compliance period. Systems not receiving a waiver must monitor in accordance with the provisions of subsection 9.1.4.1.

9.1.4.5 A system vulnerable to asbestos contamination due solely to corrosion of asbestos-cement pipe shall take one sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

9.1.4.6 A system vulnerable to asbestos contamination due solely to source water shall monitor in accordance with the provision of subsection 9.1.3.

9.1.4.7 A system vulnerable to asbestos contamination due both to its source water supply and corrosion of asbestos-cement pipe shall take one sample at each entry point after treatment and a minimum of one tap sample served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

9.1.4.8 A system which exceeds PMCL listed in subsection 9.1.1 shall monitor quarterly beginning in the next quarter after the violation occurred.

9.1.4.9 The Division may decrease the quarterly monitoring requirement to the frequency specified in subsection 9.1.4.1 provided the Division has determined that the system is reliably and consistently below the maximum contaminant level. In no case can a Division make this determination unless a groundwater system takes a minimum of two quarterly samples and a surface (or combined surface/ground) water system takes a minimum of four quarterly samples.

9.1.4.10 If monitoring data collected after January 1, 1990 are generally consistent with the requirements of this section then the Division may allow systems to use that data to satisfy the monitoring requirement for the initial compliance period beginning January 1, 1993.

9.1.5 The frequency of monitoring conducted to determine compliance with the maximum contaminant levels in subsection 9.1.1 for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium and thallium shall be as follows:

9.1.5.1 Groundwater systems shall take one sample at each sampling point once every three (3) years. Surface Water systems [or combined surface/ground] shall take one sample annually at each sampling point beginning January 1, 1993.

9.1.5.2 The system may apply to the Division for a waiver from the monitoring frequencies specified in subsection 9.1.5.1.

9.1.5.3 A condition of the waiver shall require that a system shall take a minimum of one sample while the waiver is effective. The term during which the waiver is effective shall not exceed one compliance cycle (i.e., nine years).

9.1.5.4 The Division may grant a waiver provided surface water systems have monitored annually for at least three years and groundwater systems have conducted a minimum of three rounds of monitoring. (At least one sample shall have been taken since January 1, 1990.) Both surface and groundwater systems shall demonstrate that all previous analytical results were less than the maximum contaminant level. Systems that use a new water source are not eligible for a waiver until three rounds of monitoring from the new source have been completed.

9.1.5.5 In determining the appropriate reduced monitoring frequency, the Division shall consider:

9.1.5.5.1 Reported concentrations from all previous monitoring;

9.1.5.5.2 The degree of variation in reported concentrations; and

9.1.5.5.3 Other factors which may affect contaminant concentrations such as changes in groundwater pumping rates, changes in the systems configuration, changes in the system’s operating procedures, or changes in stream flows or characteristics.

9.1.5.6 A decision by the Division to grant a waiver shall be made in writing and shall set forth the basis for the determination. The determination may be initiated by the Division or upon an application by the public water system. The public water system shall specify the basis for its request. The Division shall review and, where appropriate, revise its determination of the appropriate monitoring frequency when the system submits new monitoring data or when other data relevant to the system’s appropriate monitoring frequency become available.

9.1.5.7 Systems which exceed the MCLs as calculated in subsection 9.1.11 shall monitor quarterly beginning in the next quarter after the violation occurred.

9.1.5.8 The Division may decrease the quarterly monitoring requirement to the frequencies specified in subsections 9.1.5.1 and 9.1.5.2 provided it has determined that the system is reliably and consistently below the maximum contaminant level. In no case can the Division make this determination unless a groundwater system takes a minimum of two quarterly samples and a surface water system takes a minimum of four quarterly samples.

9.1.5.9 All new systems that use a new source of water or existing systems that add a new source of water that begin operation after January 22, 2004 must demonstrate compliance with the MCL within a period of time specified by the Division. The system must also comply with the initial sampling frequencies specified by the Division to ensure a system can demonstrate compliance with the MCL. Routine and increased monitoring frequencies shall be conducted in accordance with the requirements in this section.

9.1.6 All public water systems (community; non-transient, non-community; and transient, non-community systems) shall monitor to determine compliance with the maximum contaminant level for nitrate in subsection 9.1.1.

9.1.6.1 Community and non-transient, non-community water systems served by groundwater systems shall monitor annually and systems served by surface water shall monitor quarterly.

9.1.6.2 For community and non-transient, non-community water systems, the repeat monitoring frequency for groundwater systems shall be quarterly for at least one year following any one sample in which the concentration is ≥50 percent of the MCL. The Division may allow a groundwater system to reduce the sampling frequency to annually after four consecutive quarterly samples are reliably and consistently less than 85 percent of the MCL.

9.1.6.3 For community and non-transient, non-community water systems, the Division may allow a surface water system to reduce the sampling frequency to annually if all analytical results from four consecutive quarters are <50 percent of the MCL. A surface water system shall return to quarterly monitoring if any one sample is ≥50 percent of the MCL.

9.1.6.4 Each transient non-community water system shall monitor annually beginning January 1, 1993.

9.1.6.5 After the initial round of quarterly sampling is completed, each community and non-transient non-community system which is monitoring annually shall take subsequent samples during the quarter(s) which previously resulted in the highest analytical result.

9.1.7 All public water systems (community; non-transient, non-community; and transient, non-community systems) shall monitor to determine compliance with the maximum contaminant level for nitrite in subsection 9.1.1

9.1.7.1 All public water systems shall take one sample at each sampling point in the distribution system during the compliance period beginning January 1, 1993 and ending December 31, 1995.

9.1.7.2 After the initial sample, systems where an analytical result for nitrite is <50 percent of the MCL shall monitor at the frequency specified by the Division.

9.1.7.3 For community, non-transient, non-community, and transient non-community water systems, the repeat monitoring frequency for any water system shall be quarterly for at least one year following any one sample in which the concentration is ≥50 percent of the MCL. The Division may allow a system to reduce the sampling frequency to annually after determining the system is reliably and consistently less than the MCL.

9.1.7.4 Systems which are monitoring annually shall take each subsequent sample during the quarter(s) which previously resulted in the highest analytical result.

9.1.8 Confirmation Samples:

9.1.8.1 Where the results of sampling for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium indicate an exceedance of the maximum contaminant level, the Division may require that one additional sample be collected, as soon as possible after the initial sample was taken (but not to exceed two weeks), at the same sampling point.

9.1.8.2 Where nitrate or nitrite sampling results indicate an exceedance of the maximum contaminant level, the system shall take a confirmation sample within 24 hours of the system’s receipt of notification of the analytical results of the first sample. Systems unable to comply with the 24-hour sampling requirement must immediately notify the consumers in the area served by the public water system in accordance with subsection 4.2. Systems exercising this option must take and analyze a confirmation sample within two weeks of notification of the analytical results of the first sample.

9.1.8.3 If a Division-required confirmation sample is taken for any contaminant, then the results of the initial and confirmation sample shall be averaged. The resulting average shall be used to determine the system’s compliance in accordance with subsection 9.1.11. The Division has the discretion to delete results of obvious sampling errors. Sampling errors include, but are not limited to samples collected from the wrong system or samples collected from private wells located within a public water system.

9.1.9 The Division may require more frequent monitoring than specified in subsections 9.1.4, 9.1.5, 9.1.6 and 9.1.7 or may require confirmation samples for positive and negative results at its discretion.

9.1.10 Systems may apply to the Division to conduct more frequent monitoring than the minimum monitoring frequencies specified in this section.

9.1.11 Compliance with subsection 9.1.1 shall be determined based on the analytical result(s) obtained at each sampling point:

9.1.11.1 For systems which are conducting monitoring at a frequency greater than annual, compliance with the maximum contaminant levels for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, and thallium is determined by a running annual average at each sampling point. If the average at any sampling point is greater than the MCL, then the system is out of compliance. If any one sample would cause the annual average to be exceeded, then the system is out of compliance immediately. Any sample below the detection limit shall be calculated at zero for the purpose of determining the annual average. If a system fails to collect the required number of samples, compliance (average concentration) will be based on the total number of samples collected.

9.1.11.2 For systems which are monitoring annually, or less frequently, the system is out of compliance with the maximum contaminant levels for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, and thallium if the level of a contaminant at any sampling point is greater than the MCL. If a confirmation sample is required by the Division, the determination of compliance will be based on the annual average of the initial MCL exceedance and any Division-required confirmation samples. If a system fails to collect the required number of samples, compliance (average concentration) will be based on the total number of samples collected.

9.1.11.3 Compliance with the maximum contaminant levels for nitrate and nitrite is determined based on one sample if the levels of these contaminants are below the MCLs. If the levels of nitrate and/or nitrite exceed the MCLs in the initial sample, a confirmation sample is required and compliance shall be determined based on the average of the initial and confirmation samples.

9.1.11.4 If a public water system has a distribution system separable from other parts of the distribution system with no interconnections, the Division may allow the system to give public notice to only the area served by that portion of the system which is out of compliance.

9.1.11.5 Arsenic sampling results will be reported to the nearest 0.001 mg/L.

9.1.12 Each public water system shall monitor at the time designated by the Division during each compliance period.

9.1.13 At the discretion of the Division, nitrate levels not to exceed 20 mg/L may be allowed in TNCWS and NTNCWS if the supplier of water demonstrates to the satisfaction of the Division that:

9.1.13.1 Such water will not be available to children under one (1) year of age;

9.1.13.2 There will be continuous posting of the fact that nitrate levels exceed ten (10) mg/L and the potential health effects of exposure and;

9.1.13.3 No adverse health effects shall result.

9.1.14 Fluoride (F):

9.1.14.1 Where fluoridation has been or will be instituted as required under 16 Del.C. §124, the target level for fluoride shall be 0.7 mg/L. An operational control range shall be maintained so that monthly average fluoride levels and 80% of daily fluoride measurements are between 0.6 mg/L and 1.0 mg/L. Fluoride levels shall not exceed 2.0 mg/L. Defluoridation of water shall be provided when the natural fluoride concentration exceeds 2.0 mg/L. In addition to the sampling and analysis required by subsection 9.1.5, fluoridated and defluoridated water supplies shall be sampled and analyzed daily by the supplier of water at a representative point(s) in the water supply system. In the event that the fluoride level exceeds 2.0 mg/L, samples shall be taken every two hours until the level returns to 2.0 mg/L or less. The exceedance shall be treated as a Tier 2 violation requiring public notification. If the fluoride level exceeds 4.0 mg/L a Tier 1 public notice is required. The fluoride levels shall be reported to the Division pursuant to subsection 4.1.1.

9.1.14.2 All municipal water supplies, whether municipally owned or privately owned, shall comply with subsection 9.1.14.1. All affected water supplies shall submit cost estimates to the Department of Health and Social Services no later than November 15, 1998.

9.1.15 Sodium (Na):

9.1.15.1 The supplier of water for a CWS shall collect and analyze one (1) sample per plant at the entry point of the distribution system for the determination of sodium concentration levels; samples must be collected and analyzed annually for systems utilizing surface water sources in whole or in part and at least every three (3) years for systems utilizing solely ground water sources. The minimum number of samples required to be taken by the system shall be based on the number of treatment plants used by the system, except that multiple wells drawing raw water from a single aquifer may, with Division approval be considered one (1) treatment plant for determining the minimum number of samples. The supplier of water may be required by the Division to collect and analyze water samples for sodium more frequently in locations where the sodium content is variable.

9.1.15.2 The supplier of water shall report to the Division the results of analyses for sodium pursuant to subsection 4.1.1.

9.1.15.3 The supplier of water shall notify appropriate local and State public health officials of the sodium levels by written notice by direct mail within three (3) months. A copy of each notice required to be provided by this paragraph shall be sent to the Division within ten (10) days of issuance. The supplier of water is not required to notify appropriate local public health officials of the sodium levels where the Division provides such notices in lieu of the supplier.

9.1.15.4 Analysis for sodium shall be performed in accordance with 40 CFR 141.23(k)(1) as amended. Copies may be obtained from the Office of Drinking Water.

9.1.16 Inorganic Compliance Determination:

9.1.16.1 Analysis for the purpose of determining compliance with subsection 9.1.1 shall be in accordance with the following:

9.1.16.1.1 PMCL analyses for all CWSs utilizing surface water sources shall be conducted annually. SMCL analyses shall be performed at the discretion of the Division.

9.1.16.1.2 PMCL analyses for all CWSs utilizing only ground water sources shall be conducted at three (3) year intervals. SMCL analyses shall be performed at the discretion of the Division.

9.1.16.1.3 For TNCWSs and NTNCWSs, whether supplied by surface or ground water sources, analyses for the purpose of determining compliance for nitrate shall be conducted at intervals determined by the Division.

9.1.16.1.4 The Division has the authority to determine compliance or initiate enforcement action based upon analytical results and other information compiled by its sanctioned representatives and agencies.

9.1.16.2 The provision of subsections 9.1.6 and 9.1.7 notwithstanding compliance with the PMCL for nitrate shall be determined on the basis of the mean of two (2) analyses. When a level exceeding the PMCL for nitrate is found, a second analysis shall be initiated within twenty-four (24) hours, and if the mean of the two (2) analyses exceeds the PMCL, the supplier of water shall report his findings to the Division pursuant to subsection 4.1 and shall notify the public pursuant to subsection 4.2.

9.1.16.3 For the initial analyses required by subsections 9.1.16.1, 9.1.16.2 and 9.1.16.3, data for surface waters acquired within one (1) year prior to the effective date and data for ground waters acquired within three (3) years prior to the effective date of this section may be substituted at the discretion of the Division.

9.1.17 Analytical Methodology:

9.1.17.1 Analyses conducted to determine compliance with subsection 9.1.1 for inorganic chemicals shall be made in accordance with the following methods.

9.1.17.1.1 PMCLs shall be in accordance with 40 CFR 141.23(k)(1) as amended. Copies may be obtained from the Office of Drinking Water.

9.1.17.1.2 SMCLs shall be accordance with 40 CFR section 143.4 as amended. Copies may be obtained from the Office of Drinking Water.

9.1.17.1.3 Sample Collection and Preservation: - Sample collection for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, nitrate, nitrite, selenium and thallium under this section shall be conducted using the sample preservation method(s), container, and maximum holding time procedures in accordance with 40 CFR 141.23(k)(2) as amended. Copies may be obtained from the Office of Drinking Water.

9.1.17.1.4 Lab Approval: Analysis under this section shall only be conducted by laboratories that have received approval by EPA, other approved certifying organization, or the State of Delaware. To receive approval to conduct analyses for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, nitrate, nitrite, selenium and thallium the laboratory must:

9.1.17.1.4.1 Analyze Performance Evaluation samples annually in accordance with subsection 1.14; and

9.1.17.1.4.2 Achieve quantitative results on the analyses that are in accordance with 40 CFR 141.23(k)(3)(ii) as amended. Copies may be obtained from the Office of Drinking Water.

9.2 Organic Chemical Requirements:

9.2.1 PMCLs: The following are the organic PMCLs (mg/L-milligrams per liter). Compliance is determined pursuant to subsections 9.2.2, 9.2.3, and 9.2.4.

9.2.1.1 The following maximum contaminant levels for synthetic organic contaminants apply to community water systems and non-transient, non-community water systems:

9.2.1.2 Disinfection Byproducts (DBPs)

9.2.1.2.1 Maximum Contaminant Level Goals for disinfection byproducts.

9.2.1.3 Volatile Synthetic Organic Chemicals (VOCs)

9.2.2 Sampling, Analytical Requirements and Compliance Determination for Contaminants Listed in subsections 9.2.1.1, 9.2.1.2 and 9.2.1.3:

9.2.2.1 Monitoring of the contaminants listed in subsection 9.2.1.1 for the purposes of determining compliance with the MCLs shall be conducted as follows:

9.2.2.1.1 Groundwater systems shall take a minimum of one sample at every entry point to the distribution system which is representative of each well after treatment (hereafter called a sampling point). Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

9.2.2.1.2 Surface water systems shall take a minimum of one sample at points in the distribution system that are representative of each source or at each entry point to the distribution system after treatment (hereafter called a sampling point). Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant. (NOTE: For purposes of this paragraph, surface water systems include systems with a combination of surface and ground sources).

9.2.2.1.3 If the system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating condition (i.e., when water representative of all sources is being used).

9.2.2.1.4 Monitoring frequency:

9.2.2.1.4.1 Each community and non-transient non-community water system shall take four consecutive quarterly samples for each contaminant listed in subsection 9.2.1.1 during each compliance period beginning with the compliance period starting January 1, 1993.

9.2.2.1.4.2 Systems serving more than 3,300 persons which do not detect a contaminant in the initial compliance period may reduce the sampling frequency to a minimum of two quarterly samples in one year during each repeat compliance period.

9.2.2.1.4.3 Systems serving less than or equal to 3,300 persons which do not detect a contaminant in the initial compliance period may reduce the sampling frequency to a minimum of one sample during each repeat compliance period.

9.2.2.1.5 Each community and non-transient water system which does not detect a contaminant listed in subsection 9.2.1.1 may apply to the Division for a waiver from the requirement of subsection 9.2.2.1.4.1 upon completion of the initial monitoring. A system must reapply for a waiver at the end of each compliance period.

9.2.2.1.6 The Division may grant a waiver after evaluating the following factors: Knowledge of previous use (including transport, storage, or disposal) of the contaminant within the watershed or zone of influence of the system. If a determination by the Division reveals no previous use of the contaminant within the watershed or zone of influence, a waiver may be granted. If previous use of the contaminant is unknown, or it has been used previously, then the following factors shall be used to determine whether a waiver is granted:

9.2.2.1.6.1 Previous analytical results.

9.2.2.1.6.2 The proximity of the system to a potential point or non-point source of contamination. Point sources include spills and leaks of chemicals at or near water treatment facilities or at manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities. Non-point sources include the use of pesticides to control insect and weed pests on agricultural areas, forest lands, home and gardens, and other land application uses.

9.2.2.1.6.3 The environmental persistence and transport of the pesticide or PCBs.

9.2.2.1.6.4 How well the water source is protected against contamination due to such factors as depth of the well, the type of soil and the integrity of the well casing.

9.2.2.1.6.5 Elevated nitrate levels at the water supply source.

9.2.2.1.6.6 Use of PCBs in equipment used in the production, storage or distribution of water (i.e., PCBs used in pumps, transformers, etc.).

9.2.2.1.7 If an organic contaminant listed in subsection 9.2.1.1 is detected in any sample then:

9.2.2.1.7.1 Each system must monitor quarterly at each sampling point which resulted in a detection.

9.2.2.1.7.2 The Division may decrease the quarterly monitoring requirement specified in subsection 9.2.2.7.1 provided it has determined that the system is reliably and consistently below the maximum contaminant level. In no case shall the Division make this determination unless a groundwater system takes a minimum of two quarterly samples and a surface water system take a minimum of four quarterly samples.

9.2.2.1.7.3 After the Division determines the system is reliably and consistently below the maximum contaminant level the Division may allow the system to monitor annually. Systems which monitor annually must monitor during the quarter that previously yielded the highest analytical result.

9.2.2.1.7.4 Systems which have 3 consecutive annual samples with no detection of a contaminant may apply to the Division for a waiver as specified in subsection 9.2.2.1.6; and

9.2.2.1.7.5 If monitoring results in detection of one or more of certain related contaminants (heptachlor or heptachlor epoxide), then subsequent monitoring shall analyze for all related contaminants.

9.2.2.1.8 Systems which violate the MCL listed in subsection 9.2.1.1 must monitor quarterly. After a minimum of four quarterly samples show the system is in compliance and the Division determines the system to be reliably and consistently below the MCL as specified in subsection 9.2.2.1.11, the system shall monitor at the frequency specified in subsection 9.2.2.1.7.3.

9.2.2.1.9 The Division may require a confirmation sample for positive or negative results. If a confirmation sample is required by the Division, the result must be averaged with the first sampling result and the average used for the compliance determination as specified in subsection 9.2.2.1.11. The Division has the discretion to delete results of obvious sampling errors from this calculation.

9.2.2.1.10 The Division may reduce the total number of samples a system must analyze by allowing the use of compositing. Composite samples from a maximum of five sampling points are allowed. Detection Limit must be less than one-fifth of the MCL. Compositing of samples must be done in the laboratory and analyzed within 14 days of sample collections.

9.2.2.1.10.1 If the concentration in the composite sample detects one or more contaminants listed in subsection 9.2.1.1 then a follow-up sample must be taken and analyzed within 14 days from each sampling point included in the composite.

9.2.2.1.10.2 If duplicates of the original sample taken from each sampling point used in the composite are available, the system may use these duplicates instead of resampling. The duplicate must be analyzed and the results reported to the Division within 14 days of collection.

9.2.2.1.10.3 If the population served by the system is >3,300 persons, then compositing may only be permitted by the Division at sampling points within a single system. In systems serving ≤3,300 persons, the Division may permit compositing among different systems provided the 5-sample limit is maintained.

9.2.2.1.11 Compliance with subsection 9.2.1.1 shall be determined based on the analytical results obtained at each sampling point. If one sampling point is in violation of the MCL, the system is in violation of the MCL.

9.2.2.1.11.1 For systems which are conducting monitoring at a frequency greater than annually, compliance is determined by a running annual average of all samples taken at each sampling point. If the annual average of any sampling point is greater than the MCL, then the system is out of compliance. If the initial sample or a subsequent sample would cause the annual average to be exceeded, then the system is out of compliance immediately. Any samples below the detection limit shall be calculated as zero for purposes of determining the annual average.

9.2.2.1.11.2 If monitoring is conducted annually, or less frequently, the system is out of compliance if the level of a contaminant at any sampling point is greater than the MCL. If a confirmation sample is required by the Division, the determination of compliance will be based on the average of the two samples.

9.2.2.1.11.3 If any sample result will cause the running annual average to exceed the MCL at any sampling point, the system is out of compliance with the MCL immediately.

9.2.2.1.11.4 If a system fails to collect the required number of samples, compliance will be based on the total number of samples collected.

9.2.2.1.11.5 If a sample result is less than the detection limit, zero will be used to calculate the annual average.

9.2.2.1.11.6 If a public water system has a distribution system separable from other parts of the distribution system with no interconnections, the Division may allow the system to give public notice to only that portion of the system which is out of compliance.

9.2.2.1.12 Analysis for the contaminants listed in subsection 9.2.1.1 shall be conducted in accordance with 40 CFR 141.24(e). Copies may be obtained from the Office of Drinking Water.

9.2.2.1.13 Analysis for PCBs shall be conducted as follows:

9.2.2.1.13.1 Each system which monitors for PCBs shall analyze each sample in accordance with 40 CFR 141.24(h)(13)(i) (see subsection 9.2.2.13.2). Copies may be obtained from the Office of Drinking Water.

9.2.2.1.13.2 If PCBs (as one of seven Aroclors) are detected (as designated in this 40 CFR 141.24(h)(13)(ii)) in any sample analyzed using subsection 9.2.2.13.1, the system shall reanalyze the sample in accordance with 40 CFR 141.24(h)(13)(ii) to quantitate PCBs (as decachlorobiphenyl). Copies may be obtained from the Office of Drinking Water.

9.2.2.1.13.3 Compliance with the PCB MCL shall be determined based upon the quantitative results of analyses conducted in accordance with 40 CFR 141.24(h)(13)(iii). Copies may be obtained from the Office of Drinking Water.

9.2.2.1.14 If monitoring data collected after January 1, 1990, are generally consistent with the requirements of subsection 9.2.2, then the Division may allow systems to use that data to satisfy the monitoring requirement for the initial compliance period beginning January 1, 1993.

9.2.2.1.15 The Division may increase the required monitoring frequency, where necessary, to detect variations within the system (e.g., fluctuations in concentration due to seasonal use, changes in water source).

9.2.2.1.16 The Division has the authority to determine compliance or initiate enforcement action based upon analytical results and other information compiled by their sanctioned representatives and agencies.

9.2.2.1.17 Each public water system shall monitor at the time designated by the Division within each compliance period.

9.2.2.1.18 Detection as used in this paragraph shall be defined as found in 40 CFR 141.24(h)(18). Copies may be obtained from the Office of Drinking Water.

9.2.2.1.19 Analysis under this section shall only be conducted by laboratories that have received certification by EPA or the Division and have met the following conditions:

9.2.2.1.19.1 To receive certification to conduct analyses for the contaminants in subsections 9.2.1.1 and 9.2.1.3 the laboratory must:

9.2.2.1.19.1.1 Analyze Performance Evaluation samples annually in accordance with subsection 1.14; and

9.2.2.1.19.1.2 The laboratory shall achieve quantitative results on the analyses that are within the acceptance limits: specified in 40 CFR 141.24(h)(19)(i)(B). Copies may be obtained from the Office of Drinking Water.

9.2.2.1.20 All new systems or systems that use a new source of water that begins operation after January 22, 2004 must demonstrate compliance with the MCL within a period of time specified by the Division. The system must also comply with the initial sampling frequencies specified by the Division to ensure a system can demonstrate compliance with the MCL. Routine and increased monitoring frequencies shall be conducted with the requirements in this section.

9.2.2.2 Sampling, Analytical Requirements and Compliance Determination for VOCs: Monitoring of the contaminants listed in subsection 9.2.1.3 for the purpose of determining compliance with the MCLs shall be conducted as follows:

9.2.2.2.1 Groundwater systems shall take a minimum of one sample at every entry point to the distribution system which is representative of each well after treatment (hereafter called a sampling point). If conditions warrant, the Division may designate additional sampling points within the distribution system or at the consumer's tap which more accurately determine consumer exposure. Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

9.2.2.2.2 Surface water systems shall take a minimum of one sample at points in the distribution system that are representative of each source or at each entry point to the distribution system after treatment (hereafter called a sampling point). If conditions warrant, the Division may designate additional sampling points within the distribution system or at the consumer's tap which more accurately determines consumer exposure. Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source, treatment plant, or within the distribution system. NOTE: For purposes of this paragraph, surface water systems include systems with a combination of surface and ground surfaces.

9.2.2.2.3 If the system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water representative of all sources is being used).

9.2.2.2.4 Each community and non-transient non-community water system shall take four consecutive quarterly samples for each contaminant listed in subsection 9.2.1.3, during each compliance period beginning in the initial compliance period.

9.2.2.2.5 Groundwater and surface water systems which do not detect one of the contaminants listed in subsection 9.2.1.3 after conducting the initial round of monitoring required in subsection 9.2.2.2.4 of this section may take one sample annually.

9.2.2.2.6 For groundwater and surface water systems, if the initial monitoring for contaminants listed in subsection 9.2.1.3 as allowed in subsection 9.2.2.2.18 has been completed by December 31, 1992 and the system did not detect any contaminant listed in subsection 9.2.1.3 then the system shall take one sample annually. After a minimum of three years of annual sampling, the Division may allow groundwater systems which have no previous detection of any contaminant listed in subsection 9.2.1.3 to take one sample during each compliance period.

9.2.2.2.7 Each community and non-transient non-community groundwater system which does not detect a contaminant listed in subsection 9.2.1.3 may apply to the Division for a waiver from the requirement of subsections 9.2.2.2.5 and 9.2.2.2.6 after completing the initial monitoring. (For the purposes of this section, detection is defined as >0.0005 mg/L). A waiver shall be effective for no more than six years (two compliance periods).

9.2.2.2.7.1 The Division may also issue waivers to small systems (those serving ≤3,300 persons) for the initial round of monitoring for 1,2,4-trichlorobenzene.

9.2.2.2.8 The Division may grant a waiver after evaluating the following factor(s):

9.2.2.2.8.1 Knowledge of previous use (including transport, storage, or disposal) of the contaminant within the watershed or zone of influence of the system. If a determination by the Division reveals no previous use of the contaminant within the watershed or zone of influence, a waiver may be granted.

9.2.2.2.8.2 If previous use of the contaminant is unknown or it has been used previously, then the following factors shall be used to determine whether a waiver is granted.

9.2.2.2.8.2.1 Previous analytical results.

9.2.2.2.8.2.2 The proximity of the system to potential point or non-point source of contamination. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities.

9.2.2.2.8.2.3 The environmental persistence and transport of the contaminants.

9.2.2.2.8.2.4 The number of persons served by the public water system and the proximity of a smaller system to a larger system.

9.2.2.2.8.2.5 How well the water source is protected against contamination such as whether it is a surface or groundwater system. Groundwater systems must consider factors such as depth of the well, the type of soil, and well head protection. Surface water systems must consider watershed protection.

9.2.2.2.9 As a condition of the waiver a system must take one sample at each sampling point during the time the waiver is effective (i.e., one sample during two compliance periods or six years) and update its vulnerability assessment considering the factors listed in subsection 9.2.2.2.8. Based on this vulnerability assessment the Division must confirm that the system is non-vulnerable. If the Division does not make this reconfirmation within three years of the initial determination, then the waiver is invalidated and the system is required to sample annually as specified in subsection 9.2.2.2.5.

9.2.2.2.10 Each community and non-transient non-community surface water system which does not detect a contaminant listed is subsection 9.2.1.3 may apply to the Division for a waiver from the requirements of subsection 9.2.2.2.6 after completing the initial monitoring. Composite samples from a maximum of five sampling points are allowed, provided that the detection limit of the method used for analysis is less than one-fifth of the MCL. Systems meeting this criterion must be determined by the Division to be non-vulnerable based on a vulnerability assessment during each compliance period. Each system receiving a waiver shall sample at the frequency specified by the Division (if any).

9.2.2.2.11 If a contaminant listed in subsection 9.2.1.3, excluding vinyl chloride, is detected at a level exceeding 0.0005 mg/L in any sample then:

9.2.2.2.11.1 The system must monitor quarterly at each sampling point which resulted in a detection;

9.2.2.2.11.2 The Division may decrease the quarterly monitoring requirement specified in subsection 9.2.2.2.11.1 provided it has determined that the system is reliably and consistently below the maximum contaminant level. In no case shall the Division make this determination unless a groundwater system takes a minimum of two quarterly samples and a surface water system takes a minimum of four quarterly samples;

9.2.2.2.11.3 If the Division determines that the system is reliably and consistently below the MCL, the Division may allow the system to monitor annually. Systems which monitor annually must monitor during the quarter or quarters which previously yielded the highest analytical result;

9.2.2.2.11.4 Systems which have three consecutive annual samples with no detection of a contaminant may apply to the Division for a waiver as specified in subsection 9.2.2.2.7; and

9.2.2.2.11.5 Groundwater systems which have detected one or more of the following two-carbon organic compounds: trichloroethylene, tetrachloroethylene, 1,2-dichloroethane, trans-1,2-dichloroethylene, 1,1,1-trichloroethane, cis-1,2-dichloroethylene or 1,1-dichloroethylene shall monitor quarterly for vinyl chloride. A vinyl chloride sample shall be taken at each sampling point at which one or more of the two-carbon organic compounds was detected. If the results of the first analysis do not detect vinyl chloride, the Division may reduce the quarterly monitoring frequency of vinyl chloride monitoring to one sample during each compliance period. Surface water systems are required to monitor for vinyl chloride as specified by the Division.

9.2.2.2.12 Systems which violate the requirements of subsection 9.2.1.3 as determined by subsection 9.2.2.2.15 must monitor quarterly. After a minimum of four consecutive quarterly samples shows the system is in compliance as specified in subsection 9.2.2.2.15, and the Division determines that the system is reliably and consistently below the maximum contaminant level, the system may monitor at the frequency and time specified in subsection 9.2.2.2.11.3.

9.2.2.2.13 The Division may require a confirmation sample for positive or negative results. If a confirmation sample is required by the Division, the result must be averaged with the first sampling result and the average is used for the compliance determination as specified by subsection 9.2.2.2.15. The Division has the discretion to delete results of obvious sampling errors from this calculation.

9.2.2.2.14 The Division may reduce the total number of samples a system must analyze by allowing the use of compositing. Composite samples from a maximum of five sampling points are allowed, providing that the detection limit of the method used for analysis is less than one-fifth of the MCL. Compositing of samples must be done in the laboratory and analyzed within 14 days of sample collection.

9.2.2.2.14.1 If the concentration in the composite sample is >0.0005 mg/L for any contaminant listed in subsection 9.2.1.3, then a follow-up sample must be taken and analyzed within 14 days from each sampling point included in the composite.

9.2.2.2.14.2 If duplicates of the original sample taken from each sampling point used in the composite are available, the system may use these instead of resampling. The duplicate must be analyzed and the results reported to the Division within 14 days of collection.

9.2.2.2.14.3 If the population served by the system is >3,300 persons, then compositing may only be permitted by the Division at sampling points within a single system. In systems serving ≤3,300 persons, the Division may permit compositing among different systems provided the 5-sample limit is maintained.

9.2.2.2.14.4 Compositing samples prior to GC analysis:

9.2.2.2.14.4.1 Add 5 ml or equal larger amounts of each sample (up to 5 samples are allowed) to a 25 ml glass syringe. Special precautions must be made to maintain zero headspace in the syringe.

9.2.2.2.14.4.2 The samples must be cooled at 4o C during this step to minimize volatilization losses.

9.2.2.2.14.4.3 Mix well and draw out a 5-ml aliquot for analysis.

9.2.2.2.14.4.4 Follow sample introduction, purging and desorption steps described in the method.

9.2.2.2.14.4.5 If less than five samples are used for compositing, a proportionately small syringe may be used.

9.2.2.2.14.5 Compositing samples prior to GC/MS analysis:

9.2.2.2.14.5.1 Inject 5-ml or equal larger amounts of each aqueous sample (up to 5 samples are allowed) into a 25-ml purging device using the sample introduction technique described in the method.

9.2.2.2.14.5.2 The total volume of the sample in the purging device must be 25 ml.

9.2.2.2.14.5.3 Purge and desorb as described in the method.

9.2.2.2.15 Compliance with subsection 9.2.1.3 shall be determined based on the analytical results obtained at each sampling point:

9.2.2.2.15.1 For systems which are conducting monitoring at a frequency greater than annual, compliance is determined by a running annual average of all samples taken at each sampling point. If the annual average of any sampling point is greater than the MCL, then the system is out of compliance. If the initial sample or a subsequent sample would cause the annual average to be exceeded, then the system is out of compliance immediately. Any samples below the detection limit shall be calculated as zero for purposes of determining the annual average.

9.2.2.2.15.2 If monitoring is conducted annually, or less frequently, the system is out of compliance if the level of a contaminant at any sampling point is greater than the MCL. If a confirmation sample is required by the Division, the determination of compliance will be based on the average of the two samples.

9.2.2.2.15.3 If a public water system has a distribution system separable from other parts of the distribution system with no interconnections, the Division may allow the system to give public notice to only that area served by that portion of the system which is out of compliance.

9.2.2.2.16 Analysis for the contaminants listed in subsection 9.2.1.3 shall be conducted in accordance with 40 CFR 141.24(e). Copies may be obtained from the Office of Drinking Water.

9.2.2.2.17 Analysis under this section shall only be conducted by laboratories that have received approval by EPA or the Division according to the following conditions:

9.2.2.2.17.1 To receive conditional approval to conduct analyses for the contaminants in subsection 9.2.1.3, excluding vinyl chloride, the laboratory must:

9.2.2.2.17.1.1 Analyze Performance Evaluation samples annually.

9.2.2.2.17.1.2 Achieve the quantitative acceptance limits for at least 80 percent of the regulated organic chemicals listed in subsection 9.2.1.3.

9.2.2.2.17.1.3 Achieve quantitative results on the analyses performed under subsection 9.2.2.3.16 that are within ±20 percent of the actual amount of the substances in the Performance Evaluation sample when the actual amount is greater than or equal to 0.010 mg/L.

9.2.2.2.17.1.4 Achieve quantitative results on the analyses performed under subsection 9.2.2.2.16 that are within ±40 percent of the actual amount of the substance in the Performance Evaluation sample when the actual amount is less than 0.010 mg/L.

9.2.2.2.17.1.5 Achieve a method detection limit of 0.0005 mg/L according to the procedures listed in Appendix B of 40 CFR Part 136. Copies may be obtained from the Office of Drinking Water.

9.2.2.2.17.1.5.1 Reserved

9.2.2.2.17.2 To receive certification for vinyl chloride, the laboratory must:

9.2.2.2.17.2.1 Analyze Performance Evaluation samples annually.

9.2.2.2.17.2.2 Achieve quantitative results on the analyses performed under subsection 9.2.2.2.17.2.1 that are within ±40 percent of the actual amount of vinyl chloride in the Performance Evaluation sample.

9.2.2.2.17.2.3 Achieve a method detection limit of 0.0005 mg/l, according to the procedures listed in Appendix B of 40 CFR Part 136. Copies may be obtained from the Office of Drinking Water.

9.2.2.2.17.2.4 Obtain certification for the contaminants listed in subsection 9.2.1.3.

9.2.2.2.18 The Division may allow the use of monitoring data collected after January 1, 1988 for purposes of initial monitoring compliance. If the data are generally consistent with the other requirements in this section, the Division may use those data (i.e., a single sample rather than four quarterly samples) to satisfy the initial monitoring requirement of subsection 9.2.2.2.4.

9.2.2.2.18.1 Systems which use grandfathered samples and did not detect any contaminant listed in subsection 9.2.1.3, excluding vinyl chloride, shall begin monitoring annually in accordance with subsection 9.2.2.2.6 beginning with the initial compliance period.

9.2.2.2.19 The Division may increase required monitoring where necessary to detect variations within the system.

9.2.2.2.20 Each approved laboratory must determine the method detection limit (MDL), as defined in Appendix B of 40 CFR Part 136, copies may be obtained from the Office of Drinking Water, at which it is capable of detecting VOCs. The acceptable MDL is 0.0005 mg/L. This concentration is the detection concentration for purposes of this section.

9.2.2.2.21 Each public water system shall monitor at the time designated by the Division within each compliance period.

9.3 Best Available Technologies (BAT)

9.3.1 The Division hereby identifies as indicated in the table below either granular activated carbon (GAC), packed tower aeration (PTA), or oxidation (OX) through chlorination or ozonation as the best technology, treatment technique, or other means available for achieving compliance with the maximum contaminant level for organic contaminants identified in subsections 9.2.1.1 and 9.2.1.3.

BAT for Organic Contaminants Listed in subsections 9.2.1.1 and 9.2.1.3

BAT for Organic Contaminants Listed in subsection 9.2.1.2

9.3.1.1 The Administrator, pursuant to section 1412 of the Act, hereby identifies the following as the best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for TTHM and HAA5 identified in subsection 9.2.1.2 for all systems that disinfect their source water:

9.3.1.2 The Administrator, pursuant to section 1412 of the Act, hereby identifies the following as the best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for TTHM and HAA5 identified in subsection 9.2.1.2 for consecutive systems and applies only to the disinfected water that consecutive systems buy or otherwise receive:

9.3.2 BAT for Inorganic Contaminants Listed in subsection 9.1.1.1

Key to BATs in Table

1 = Activated Alumina

2 = Coagulation/Filtration (Not BAT for systems <500 service connections)

3 = Direct and Diatomite Filtration

4 = Granular Activated Carbon

5 = Ion Exchange

6 = Lime Softening (Not BAT for systems <500 service connections)

7 = Reverse Osmosis

8 = Corrosion Control

9 = Electrodialysis

10 = Chlorine

11 = Ultraviolet

12 = Oxidation/Filtration

9.3.3 Treatment techniques for acrylamide and epichlorohydrin.

9.3.3.1 Each public water system must certify annually in writing to the Division (using a third party or manufacturer's certification) that when acrylamide and epichlorohydrin are used in drinking water systems, the combination (or product) of dose and monomer level does not exceed the levels specified as follows:

Acrylamide = 0.05% dosed at 1 PPM (or equivalent).

Epichlorohydrin = 0.01% dosed at 20 PPM (or equivalent).

9.3.4 The Administrator, U.S. Environmental Protection Agency, pursuant to section 1412 of the Safe Drinking Water Act, hereby identifies in the following table the affordable technology, treatment technique, or other means available to systems serving 10,000 persons or fewer for achieving compliance with the MCL for arsenic:

Small System Compliance Technologies (SSCTs)1 for Arsenic2

10.1 Unless otherwise indicated, each of the provisions of this section applies to CWSs and NTNCWSs. The requirements in Section 10.0 shall take effect November 9, 1992.

10.1.1 General Requirements: Applicability and effective dates.

10.1.1.1 The requirements of Section 10.0 constitute national primary drinking water regulations for lead and copper. Unless otherwise indicated, each of the provisions of this section applies to community water systems and non-transient, non-community water systems (hereinafter referred to as “water systems” or “systems”).

10.1.1.2 Reserved

10.1.2 Scope. These regulations establish a treatment technique that includes requirements for corrosion control treatment, source water treatment, lead service line replacement, and public education. These requirements are triggered, in some cases, by lead and copper action levels measured in samples collected at consumer’s taps.

10.1.3 Action Level:

10.1.3.1 The lead action level is exceeded if the concentration of lead in more than 10 percent of tap water samples collected during any monitoring period conducted in accordance with subsection 10.7 is greater than 0.015 mg/L (i.e., if the “90th percentile” lead level is greater than 0.015 mg/L).

10.1.3.2 The copper action level is exceeded if the concentration of copper in more than 10 percent of tap water samples collected during any monitoring period conducted in accordance with subsection 10.7 is greater than 1.3 mg/L (i.e., if the “90th percentile” copper level is greater than 1.3 mg/L).

10.1.3.3 The 90th percentile lead and copper levels shall be computed as follows:

10.1.3.3.1 The results of all lead or copper samples taken during a monitoring period shall be placed in ascending order from the sample with the lowest concentration to the sample with the highest concentration. Each sampling result shall be assigned a number ascending by single integers beginning with the number 1 for the sample with the lowest contaminant level. The number assigned to the sample with the highest contaminant level shall be equal to the total number of samples taken.

10.1.3.3.2 The number of samples taken during the monitoring period shall be multiplied by 0.9.

10.1.3.3.3 The contaminant concentration in the numbered sample yielded by the calculation in subsection 10.1.3.3.2 is the 90th percentile contaminant level.

10.1.3.3.4 For water systems serving fewer than 100 people that collect five samples per monitoring period, the 90th percentile is computed by taking the average of the highest and second highest concentrations.

10.1.3.3.5 For a public water system that has been allowed by the Division to collect fewer than five samples in accordance with subsection 10.7.3 the sample result with the highest concentration is considered the 90th percentile value.

10.1.4 Corrosion Control Treatment Requirements:

10.1.4.1 All water systems shall install and operate optimal corrosion control treatment as defined in Section 2.0.

10.1.4.2 Any water system that complies with the applicable corrosion control treatment requirements specified by the Division under subsections 10.2 and 10.3 shall be deemed in compliance with each treatment requirement contained in subsection 10.1.4.1.

10.1.5 Source Water Treatment Requirements: Any system exceeding the lead or copper action level shall implement all applicable source water treatment requirements specified by the Division under subsection 10.4.

10.1.6 Lead Service Line Replacement: Any system exceeding the lead action level after implementation of applicable corrosion control and source water treatment requirements shall complete the lead service line replacement requirements contained in subsection 10.5.

10.1.7 Public Education Requirements: Pursuant to subsection 10.6, all water systems must provide a consumer notice of lead tap water monitoring results to persons served at the sites (taps) that are tested. Any system exceeding the lead action level shall implement the public education requirements contained in subsection 10.6.

10.1.8 Monitoring and Analytical Requirements: Tap water monitoring for lead and copper, monitoring for water quality parameters, source water monitoring for lead and copper, and analyses of the monitoring results under this section shall be completed in compliance with subsections 10.7, 10.8, 10.9 and 10.12.

10.1.9 Reporting Requirements: Systems shall report to the Division any information required by the treatment provisions of this section and subsection 10.10.

10.1.10 Recordkeeping Requirements: Systems shall maintain records in accordance with subsection 10.11.

10.1.11 Violation of National Primary Drinking Water Regulations:

10.1.11.1 Failure to comply with the applicable requirements of Section 10.0 including requirements established by the Division pursuant to these provisions, shall constitute a violation of the national primary drinking water regulations for lead and/or copper.

10.2 Applicability of Corrosion Control Treatment Steps for Small, Medium-Size and Large Water Systems:

10.2.1 Systems shall complete the applicable corrosion control treatment requirements described in subsection 10.3 by the deadlines established in this section.

10.2.1.1 A large system (serving >50,000 persons) shall complete the corrosion control treatment steps specified in subsection 10.2.4, unless it is deemed to have optimized corrosion control under subsection 10.2.2.2 or 10.2.2.3.

10.2.1.2 A small system (serving <3,300 persons) and a medium-size system (serving >3,300 and <50,000 persons) shall complete the corrosion control treatment steps specified in paragraph 10.2.5, unless it is deemed to have optimized corrosion control under subsections 10.2.2.1, 10.2.2.2 or 10.2.2.3.

10.2.2 A system is deemed to have optimized corrosion control and is not required to complete the applicable corrosion control treatment steps identified in this section if the system satisfies one of the following criteria specified in subsections 10.2.2.1 through 10.2.2.3. Any such system deemed to have optimized corrosion control under this paragraph, and which has treatment in place, shall continue to operate and maintain optimal corrosion control treatment and meet any requirements that the Division determines appropriate to ensure that optimal corrosion control treatment is maintained.

10.2.2.1 A small or medium-size water system is deemed to have optimized corrosion control if the system meets the lead and copper action levels during each of two consecutive six-month monitoring periods conducted in accordance with subsection 10.7.

10.2.2.2 Any water system may be deemed by the Division to have optimized corrosion control treatment if the system demonstrates to the satisfaction of the Division that it has conducted activities equivalent to the corrosion control steps applicable to such system under this section. If the Division makes this determination, it shall provide the systems with written notice explaining the basis for its decision and shall specify the water quality control parameters representing optimal corrosion control in accordance with subsection 10.3.6. Water systems deemed to have optimized corrosion control under this paragraph shall operate in compliance with the Division-designated optimal water quality control parameters in accordance with subsection 10.3.7 and continue to conduct lead and copper tap and water quality parameter sampling in accordance with subsection 10.7.4.3 and subsection 10.8.4 respectively. A system shall provide the Division with the following information in order to support a determination under this paragraph.

10.2.2.2.1 The results of all test samples collected for each of the water quality parameters in subsection 10.3.3.3.

10.2.2.2.2 A report explaining the test methods used by the water system to evaluate the corrosion control treatments listed in subsection 10.3.3.1, the results of all tests conducted, and the basis for the system’s selection of optimal corrosion control treatment.

10.2.2.2.3 A report explaining how corrosion control has been installed and how it is being maintained to insure minimal lead and copper concentrations at consumer’s taps; and

10.2.2.2.4 The results of tap water samples collected in accordance with subsection 10.7 at least once every six months for one year after corrosion control has been installed.

10.2.2.3 Any water system is deemed to have optimized corrosion control if it submits results of tap water monitoring conducted in accordance with subsection 10.7 and source water monitoring conducted in accordance with subsection 10.9 that demonstrates for two consecutive six-month monitoring periods that the difference between the 90th percentile tap water lead level computed under subsection 10.1.3.3, and the highest source water lead concentration, is less than the Practical Quantitation Level (PQL) for lead specified in subsection 10.12.

10.2.2.3.1 Those systems whose highest source water lead level is below the Method Detection Limit may also be deemed to have optimized corrosion control under this paragraph if the 90th percentile tap water lead level is less than or equal to the Practical Quantitation Level for lead for two consecutive six-month monitoring periods.

10.2.2.3.2 Any water system deemed to have optimized corrosion control in accordance with this paragraph shall continue monitoring for lead and copper at the tap no less frequently than once every three calendar years using the reduced number of sites specified in subsection 10.7.3 and collect the samples at times and locations specified in subsection 10.7.4.4. Any such system that has not conducted a round of monitoring pursuant to subsection 10.7.4 since September 30, 1997, shall complete a round of monitoring pursuant to this paragraph no later than September 30, 2000.

10.2.2.3.3 Any water system deemed to have optimized corrosion control pursuant to this paragraph shall notify the Division in writing pursuant to subsection 10.10.1.3 of any upcoming long-term change in treatment or addition of a new source as described in that section. The Division must review and approve the addition of a new source or long-term change in water treatment before it is implemented by the water system. The Division may require any such system to conduct additional monitoring or to take other action the Division deems appropriate to ensure that such systems maintain minimal levels of corrosion in the distribution system.

10.2.2.3.4 As of July 12, 2001 a system is not deemed to have optimized corrosion control under this paragraph, and shall implement corrosion control treatment pursuant to subsection 10.2.2.3.5 unless it meets the copper action level.

10.2.2.3.5 Any system triggered into corrosion control because it is no longer deemed to have optimized corrosion control under this paragraph shall implement corrosion control treatment in accordance with the deadlines in subsection 10.2.5. Any such large system shall adhere to the schedule specified in that section for medium-sized systems, with the time periods for completing each step being triggered by the date the system is no longer deemed to have optimized corrosion control under this section.

10.2.3 Any small or medium-size water system that is required to complete the corrosion control steps due to its exceedance of the lead or copper action level may cease completing the treatment steps whenever the system meets both action levels during each of two consecutive monitoring periods conducted pursuant to subsection 10.7 and submits the results to the Division. If any such water system thereafter exceeds the lead or copper action level during any monitoring period, the system (or the Division, as the case may be) shall recommence completion of the applicable treatment steps, beginning with the first treatment step which was not previously completed in its entirety. The Division may require a system to repeat treatment steps previously completed by the system where the Division determines that this is necessary to properly implement the treatment requirements of this section. The Division shall notify the system in writing of such a determination and explain the basis for its decision. The requirement for any small or medium-size system to implement corrosion control treatment steps in accordance with subsection 10.2.5 (including systems deemed to have optimized corrosion control under subsection 10.2.2.1) is triggered whenever any small or medium-size system exceeds the lead or copper action level.

10.2.4 Treatment Steps and Deadlines for Large Systems:

10.2.4.1 Except as provided in subsections 10.2.2.2 and 10.2.2.3, large systems shall complete the following corrosion control treatment steps (described in the referenced portions of subsections 10.3, 10.7 and 10.8 by the indicated dates.

Step 1: The system shall conduct two six month initial monitoring periods by January 1, 1993.

Step 2: The system shall complete corrosion control studies, subsection 10.3.3, in 18 months, by July 1, 1994.

Step 3: The Division shall designate optimal corrosion control treatment, subsection 10.3.4, in 6 months, by January 1, 1995.

Step 4: The system shall install optimal corrosion control treatment, subsection 10.3.5, in 24 months, by January 1, 1997.

Step 5: The system shall complete follow-up sampling, subsection 10.7.4.2 and subsection 10.8.3, in 12 months, by January 1, 1998

Step 6: The Division shall review installation of treatment and designate optimal water quality control parameters, subsection 10.3.6, in 6 months, by July 1, 1998.

Step 7: The system shall operate in compliance with the Division-specified optimal water quality control parameters, subsection 10.3.7, and continue to conduct tap sampling, subsection 10.7.4 and subsection 10.8.4.

10.2.5 Treatment Steps and Deadlines for Small-and Medium-Size Systems:

10.2.5.1 Except as provided in subsection 10.2.2, small and medium-size systems shall complete the following corrosion control treatment steps (described in the referenced portions of subsections 10.3, 10.7 and 10.8 by the indicated time periods.

Step 1: The system shall conduct initial tap sampling, subsection 10.7.4.1 and subsection 10.8.2, until the system either exceeds the lead or copper action level or becomes eligible for reduced monitoring under subsection 10.7.4.4. A system exceeding the lead or copper action level shall recommend optimal corrosion control treatment, subsection 10.3.1, within six months after the end of the monitoring period during which it exceeds one of the action levels.

Step 2: Within 12 months after the end of the monitoring period during which a system exceeds the lead or copper action level, the Division may require the system to perform corrosion control studies (subsection 10.3.2). If the Division does not require the system to perform such studies, the Division shall specify optimal corrosion control treatment, (subsection 10.3.4) within the following time frames.

10.2.5.1.1 For medium-size systems, within 18 months after the end of the monitoring period during which such system exceeds the lead or copper action level.

10.2.5.1.2 For small systems, within 24 months after the end of the monitoring period during which such system exceeds the lead or copper action level.

Step 3: If the Division requires a system to perform corrosion control studies under step 2, the system shall complete the studies, subsection 10.3.3, within 18 months after the Division requires that such studies be conducted.

Step 4: If the system has performed corrosion control studies under step 2, the Division shall designate optimal corrosion control treatment, subsection 10.3.4, within 6 months after completion of step 3.

Step 5: The system shall install optimal corrosion control treatment, subsection 10.3.5, within 24 months after the Division designates optimal corrosion control treatment.

Step 6: The system shall complete follow-up sampling, subsection 10.7.4.2 and subsection 10.8.3, within 36 months after the Division designates optimal corrosion control treatment.

Step 7: The Division shall review the system’s installation of treatment and designate optimal water quality control parameters, subsection 10.3.6, within 6 months after completion of Step 6.

Step 8: The system shall operate in compliance with the Division-designated optimal water quality control parameters, subsection 10.3.7, and continue to conduct tap sampling, subsection 10.7.4.3 and subsection 10.8.4.

10.3 Description of Corrosion Control Treatment Requirements: Each System shall complete the corrosion control treatment requirements described below which are applicable to such systems under subsection 10.2.

10.3.1 System Recommendation Regarding Corrosion Control Treatment: Based upon the results of lead and copper tap monitoring and water quality parameter monitoring, small and medium-size water systems exceeding the lead or copper action level shall recommend installation of one or more of the corrosion control treatments listed in subsection 10.3.3.1 which the system believes constitutes optimal corrosion control for that system. The Division may require the system to conduct additional water quality parameter monitoring in accordance with subsection 10.8.2 to assist the Division in reviewing the system’s recommendation.

10.3.2 Division Decision to Require Studies of Corrosion Control Treatment (Applicable to Small and Medium-Size Systems): The Division may require any small or medium-size system that exceeds the lead or copper action level to perform corrosion control studies under subsection 10.3.3 to identify optimal corrosion control treatment for the system.

10.3.3 Performance of Corrosion Control Studies:

10.3.3.1 Any public water system performing corrosion control studies shall evaluate the effectiveness of each of the following treatments, and, if appropriate, combinations of the following treatments to identify the optimal corrosion control treatment for that system:

10.3.3.1.1 Alkalinity and pH adjustment;

10.3.3.1.2 Calcium hardness adjustment; and

10.3.3.1.3 The addition of a phosphate or silicate based corrosion inhibitor at a concentration sufficient to maintain an effective residual concentration in all test tap samples.

10.3.3.2 The water system shall evaluate each of the corrosion control treatments using either pipe ring/loop tests, metal coupon tests, partial-system tests, or analyses based on documented analogous treatments with other systems of similar size, water chemistry and distribution system configuration.

10.3.3.3 The water system shall measure the following water quality parameters in any tests conducted under this paragraph before and after evaluating the corrosion control treatment listed above:

Lead;

Copper;

pH;

Alkalinity;

Calcium;

Conductivity;

Orthophosphate (when an inhibitor containing a phosphate compound is used);

Silicate (when an inhibitor containing a silicate compound is used);

Water temperature.

10.3.3.4 The water system shall identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment and document such constraints with at least one of the following:

10.3.3.4.1 Data and documentation showing that a particular corrosion control treatment has adversely affected other water treatment processes when used by another water system with comparable water quality characteristics; and/or

10.3.3.4.2 Data and documentation demonstrating that the water system has previously attempted to evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely affects other water quality treatment processes.

10.3.3.5 The water system shall evaluate the effect of the chemicals used for corrosion control treatment on other water quality treatments processes.

10.3.3.6 On the basis of an analysis of the data generated during each evaluation, the water system shall recommend to the Division in writing the treatment option that the corrosion control studies indicate constitutes optimal corrosion control treatment for that system. The water system shall provide a rationale for its recommendation along with all supporting documentation specified in subsections 10.3.3.1 through 10.3.3.5.

10.3.4 Division Designation of Optimal Corrosion Control Treatment:

10.3.4.1 Based upon consideration of available information including, where applicable, studies performed under subsection 10.3.3 and a system’s recommended treatment alternative, the Division shall either approve the corrosion control treatment option recommended by the system, or designate alternative corrosion control treatment(s) from among those listed in subsection 10.3.3.1. When designating optimal treatment the Division shall consider the effects that additional corrosion control treatment will have on water quality parameters and on other quality treatment processes.

10.3.4.2 The Division shall notify the system of its decision on optimal corrosion control treatment in writing and explain the basis for this determination within 6 months of receiving follow up samples. If the Division requests additional information to aid its review, the water system shall provide the information.

10.3.5 Installation of Optimal Corrosion Control: Each system shall properly install and operate throughout its distribution system the optimal corrosion control treatment designated by the Division under subsection 10.3.4.

10.3.6 Division Review of Treatment and Specification of Optimal Water Quality Control Parameters: The Division shall evaluate the results of all lead and copper tap samples and water quality parameter samples submitted by the water system and determine whether the system has properly installed and operated the optimal corrosion control treatment designated by the Division in subsection 10.3.4. Upon reviewing the results of tap water and water quality parameter monitoring by the system, both before and after the system installs optimal corrosion control treatment, the Division shall designate:

10.3.6.1 A minimum value or a range of values for pH measured at each entry point to the distribution system;

10.3.6.2 A minimum pH value measured in all tap samples. Such value shall be equal to or greater than 7.0 unless the Division determines that meeting a pH level of 7.0 is not technologically feasible or is not necessary for the system to optimize corrosion control;

10.3.6.3 If a corrosion inhibitor is used, a minimum concentration or a range of concentrations for the inhibitor, measured at each entry point to the distribution system and in all tap samples, that the Division determines is necessary to form a passivating film on the interior walls of the pipes of the distribution system;

10.3.6.4 If alkalinity is adjusted as part of optimal corrosion control treatment, a minimum concentration or a range of concentrations for alkalinity, measured at each entry point to the distribution system and in all tap samples; and

10.3.6.5 If calcium carbonate stabilization is used as part of corrosion control, a minimum concentration or a range of concentrations for calcium, measured in all tap samples. The values for the applicable water quality control parameters listed above shall be those that the Division determines to reflect optimal corrosion control treatment for the system. The Division may designate values for additional water quality control parameters determined by the Division to reflect optimal corrosion control for the system. The Division shall notify the system in writing of these determinations and explain the basis for its decisions.

10.3.7 Continued Operation and Monitoring: All systems shall continue to operate and maintain optimal corrosion control treatment, including maintaining water quality parameter values at or above minimum values or within ranges designated by the Division under subsection 10.3.6 in accordance with this paragraph for all samples collected under subsection 10.8.4 through 10.8.6. Compliance with requirements of this paragraph shall be determined every six months, as specified under subsection 10.8.4. A water system is out of compliance with the requirements of this paragraph for a six-month period if it has excursions for any Division-specified parameter on more than nine days during the period. An excursion occurs whenever the daily value for one or more of the water quality parameters measured at a sampling location is below the minimum value or outside the range designated by the Division. Daily values are calculated as follows. The Division has the discretion to delete results of obvious sampling errors from this calculation.

10.3.7.1 On days when more than one measurement for the water quality parameter is collected at the sampling location, the daily value shall be the average of all the results collected during the day regardless of whether they are collected through continuous monitoring, grab sampling, or a combination of both. If EPA has approved an alternative formula under 40 CFR section 142.16 in the State’s application for a program revision submitted pursuant to 40 CFR section 142.12, the Division’s formula shall be used to aggregate multiple measurements taken at a sampling point for the water quality parameter.

10.3.7.2 On days when only one measurement for the water quality parameter is collected at the sampling location, the daily value shall be that measurement.

10.3.7.3 On days when no measurement is collected for the water quality parameter at the sampling location, the daily value shall be the daily value calculated on the most recent day on which the water quality parameter was measured at the sampling location.

10.3.8 Modification of Division’s Corrosion Control Treatment Decision: Upon its own initiative, or in response to a request by the water system or other interested party, the Division may modify treatment determination. The requests in writing must explain why the change is appropriate and provide supporting documentation. The treatment may be changed when the Division determines that it is necessary for the water system to continue optimizing corrosion control. The Division’s decision must be in writing and specify new treatment, explain the basis for its decision, and provide an implementation schedule for completing the treatment modifications.

10.3.9 EPA Treatment Decisions in Lieu of the Division’s Decisions: The regional administrator may issue federal determinations in lieu of the Division’s determinations when:

10.3.9.1 The Division fails to issue a determination in a timely manner.

10.3.9.2 The Division abuses its discretion in a substantial number of cases or in cases affecting large populations.

10.3.9.3 The technical basis of the Division’s decision is indefensible in federal enforcement action(s).

10.4 Source Water Treatment Requirements: Systems shall complete the applicable source water monitoring and treatment requirements (described in the referenced portions of subsection 10.4.2, and in subsections 10.7 and 10.9 by the following deadlines:

10.4.1 Deadlines for Completing Source Water Treatment Steps:

Step 1: A system exceeding the lead or copper action level shall complete lead and copper source water monitoring (subsection 10.9.2) and make a treatment recommendation to the Division (subsection 10.4.2.1) no later than 180 days after the end of the monitoring period during which the lead or copper action level was exceeded.

Step 2: The Division shall make a determination regarding source water treatment, subsection 10.4.2.2 within 6 months after submission of monitoring results under step 1.

Step 3: If the Division requires installation of source water treatment, the system shall install the treatment, subsection 10.4.2.3, within 24 months after completion of step 2.

Step 4: The system shall complete follow-up tap water monitoring, subsection 10.7.4.2, and source water monitoring, subsection 10.9.3, within 36 months after completion of step 2.

Step 5: The Division shall review the system’s installation and operation of source water treatment and specify maximum permissible source water levels for lead and copper, subsection 10.4.2.4, within 6 months after completion of step 4.

Step 6: The system shall operate in compliance with the Division-specified maximum permissible lead and copper source water levels, subsection 10.4.2.4, and continue source water monitoring, subsection 10.9.4.

10.4.2 Description of Source Water Treatment Requirements:

10.4.2.1 System Treatment Recommendation: Any system which exceeds the lead or copper action level shall recommend in writing to the Division the installation and operation of one of the source water treatments listed in subsection 10.4.2.2. A system may recommend that no treatment be installed based upon a demonstration that source water treatment is not necessary to minimize lead and copper levels at users’ taps.

10.4.2.2 Division Determination Regarding Source Water Treatment: The Division shall complete an evaluation of the results of all source water samples submitted by the water system to determine whether source water treatment is necessary to minimize lead or copper levels in water delivered to users’ taps. If the Division determines that treatment is needed, the Division shall either require installation and operation of the source water treatment recommended by the system (if any) or require the installation and operation of another source water treatment from among the following: ion exchange, reverse osmosis, lime softening or coagulation/filtration. If the Division requests additional information to aid in its review, the water system shall provide the information by the date specified by the Division in its request. The Division shall notify the system in writing of its determination and set forth the basis for its decision.

10.4.2.3 Installation of Source Water Treatment: Each system shall properly install and operate the source water treatment designated by the Division under subsection 10.4.2.2.

10.4.2.4 Division Review of Source Water Treatment and Specification of Maximum Permissible Source Water Levels: The Division shall review the source water samples taken by the water system both before and after the system installs source water treatment, and determine whether the system has properly installed and operated the source water treatment designated by the Division. Based upon its review, the Division shall designate the maximum permissible lead and copper concentrations for finished water entering the distribution system. Such levels shall reflect the contaminant removal capability of the treatment properly operated and maintained. The Division shall notify the system in writing and explain the basis for its decision.

10.4.2.5 Continued Operation and Maintenance: Each water system shall maintain lead and copper levels below the maximum permissible concentrations designated by the Division at each sampling point monitored in accordance with subsection 10.9. The system is out of compliance with this paragraph if the level of lead or copper at any sampling point is greater than the maximum permissible concentration designated by the Division.

10.4.2.6 Modification of Division Treatment Decisions: Upon its own initiative or in response to a request by a water system or other interested party, the Division may modify its determination of the source water treatment under subsection 10.4.2.2, or maximum permissible lead and copper concentrations for finished water entering the distribution system under subsection 10.4.2.4. A request for modification by a system or other interested party shall be in writing, explain why the modification is appropriate, and provide supporting documentation. The Division may modify its determination where it concludes that such change is necessary to ensure that the system continues to minimize lead and copper concentrations in source water. A revised determination shall be made in writing and set forth the new treatment requirements, explain the basis for the Division’s decision and provide an implementation schedule for completing the treatment modifications.

10.4.2.7 EPA Treatment Decisions in Lieu of the Division’s Decisions: The regional administrator may issue federal determinations in lieu of the Division’s determination when:

10.4.2.7.1 The Division fails to issue a determination in a timely manner.

10.4.2.7.2 The Division abuses its discretion in a substantial number of cases or in cases affecting large populations.

10.4.2.7.3 The technical basis of the Division’s decision is indefensible in federal enforcement action(s).

10.5 Lead Service Line Replacement Requirements:

10.5.1 Systems that fail to meet the lead action level in tap samples taken pursuant to subsection 10.7.4.2 after installing corrosion control and/or source water treatment (whichever sampling occurs later) shall replace lead service lines in accordance with the requirements of this section. If a system is in violation of subsections 10.2 or 10.4 for failure to install source water or corrosion control treatment, the Division may require the system to commence lead service line replacement under this section after the date by which the system was required to conduct monitoring under subsection 10.7.4.2 has passed.

10.5.1.1 A system shall replace annually at least 7 percent of the initial number of lead service lines in its distribution system. The initial number of lead service lines is the number of lead lines in place at the time the replacement program begins. The systems shall identify the initial number of lead service lines in its distribution system, including an identification of the portion(s) owned by the system, based upon a materials evaluation, including the evaluation required under subsection 10.7.1 and relevant legal authorities (e.g., contracts, local ordinances) regarding the portion owned by the system. The first year of lead service line replacement shall begin on the first day following the end of the monitoring period in which the action level was exceeded under subsection 10.5.1. If monitoring is required annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs. If the Division has established an alternate monitoring period, then the end of the monitoring period will be the last day of that period.

10.5.1.2 Any water system resuming a lead service line replacement program after the cessation of its lead service line replacement program as allowed by subsection 10.5.6 shall update its inventory of lead service lines to include those sites that were previously determined not to require replacement through the sampling provision under subsection 10.5.3. The system will then divide the updated number of remaining lead service lines by the number of remaining years in the program to determine the number of lines that must be replaced per year (7 percent lead service line replacement is based on a 15-year replacement program, so, for example, systems resuming lead service line replacement after previously conducting two years of replacement would divide the updated inventory by 13). For those systems that have completed a 15-year lead service line replacement program, the Division will determine a schedule for replacing or retesting lines that were previously tested under the replacement program when the system re-exceeds the action level.

10.5.2 A system is not required to replace an individual lead service line if the lead concentration in all service line samples from that line taken pursuant to subsection 10.7.2.3, is less than or equal to 0.015 mg/L.

10.5.3 A water system shall replace the entire service line (up to the building inlet) unless it demonstrates to the satisfaction of the Division under subsection 10.5.4 that it controls less than the entire service line. In such cases, the system shall replace the portion of the line which the Division determines is under the system’s control. The system shall notify the user served by the line that the system will replace the portion of the service line under its control and shall offer to replace the building owner’s portion of the line, but is not required to bear the cost of replacing the building owner’s portion of the line. For buildings where only a portion of the lead service line is replaced, the water system shall inform the resident(s) that the system will collect a first flush tap water sample after partial replacement of the service line is completed if the resident(s) so desire. In cases where the resident(s) accept the offer, the system shall collect the sample and report the results to the resident(s) within 14 days following partial lead service replacement.

10.5.3.1 At least 45 days prior to commencing with the partial replacement of a lead service line, the water system shall provide notice to the resident(s) of all buildings served by the line explaining that they may experience a temporary increase in lead levels in their drinking water, along with guidance on measures consumers can take to minimize their exposure to lead. The Division may allow the water system to provide notice under the previous sentence less than 45 days prior to commencing partial lead service line replacement where such replacement is in conjunction with emergency repairs. In addition, the water system shall inform the resident(s) served by the line that the system will, at the system’s expense, collect a sample from each partially-replaced lead service line that is representative of the water in the service line for analysis of lead content, as prescribed under subsection 10.7.2.3, within 72 hours after completion of the partial replacement of the service line. The system shall collect the sample and report the results of the analysis to the owner and the resident(s) served by the line within three business days of receiving the results. Mailed notices post-marked within three business days of receiving the results shall be considered “on time.”

10.5.3.2 The water system shall provide the information required by subsection 10.5.3.1 to the residents of individual dwellings by mail or by other methods approved by the Division. In instances where multi-family dwellings are served by the line, the water system shall have the option to post the information at a conspicuous location.

10.5.4 A water system is presumed to control the entire lead service line (up to the building inlet) unless the system demonstrates to the satisfaction of the Division, in a letter submitted under subsection 10.10.5.4, that it does not have any of the following forms of control over the entire line (as defined by Division statutes, municipal ordinances, public service contracts or other applicable legal authority); authority to set standards for construction, repair, or maintenance of the line, authority to replace, repair, or maintain the service line, or ownership of the service line. The Division shall review the information supplied by the system and determine whether the system controls less than the entire service line, in such cases, shall determine the extent of the system’s control. The Division’s determination shall be in writing and explain the basis for its decision.

10.5.5 The Division shall require a system to replace lead service lines on a shorter schedule than that required by this section, taking into account the number of lead service lines in the system, where such a shorter replacement schedule is feasible. The Division shall make this determination in writing and notify the system of its finding within 6 months after the system is triggered into lead service line replacement based on monitoring referenced in subsection 10.5.1.

10.5.6 Any system may cease replacing lead service lines whenever first draw samples collected pursuant to subsection 10.7.2.2 meet the lead action level during each of two consecutive monitoring periods and the system submits the results to the Division. If the first draw samples in any such water system thereafter exceeds the lead action level, the system shall recommence replacing lead service lines, pursuant to subsection 10.5.1.2.

10.5.7 To demonstrate compliance with subsections 10.5.1 through 10.5.4, a system shall report to the Division the information specified in subsection 10.10.5.

10.6 Public education and supplemental monitoring requirements. All water systems must deliver a consumer notice of lead tap water monitoring results to persons served by the water system at sites that are tested, as specified in subsection 10.6.4. A water system that exceeds the lead action level based on tap water samples collected in accordance with subsection 10.7 shall deliver the public education materials contained in subsection 10.6.1 in accordance with the requirements of subsection 10.6.2. Water systems that exceed the lead action level must sample the tap water of any customer who requests it in accordance with subsection 10.6.3.

10.6.1 Content of written public education materials.

10.6.1.1 Community water systems and non-transient non-community water systems. Water systems must include the following elements in printed materials (e.g., brochures and pamphlets) in the same order as listed below. In addition, language in subsections 10.6.1.1.1 through 10.6.1.1.2 and 10.6.1.1.6 must be included in the materials, exactly as written, except for the text in brackets in these sections for which the water system must include system-specific information. Any additional information presented by a water system must be consistent with the information below and be in plain language that can be understood by the general public. Water systems must submit all written public education materials to the Division prior to delivery. The Division may require the system to obtain approval of the content of written public materials prior to delivery.

10.6.1.1.1 IMPORTANT INFORMATION ABOUT LEAD IN YOUR DRINKING WATER [INSERT NAME OF WATER SYSTEM] found elevated levels of lead in drinking water in some homes/buildings. Lead can cause serious health problems, especially for pregnant women and young children. Please read the information closely to see what you can do to reduce lead in your drinking water.

10.6.1.1.2 Health effects of lead. Lead can cause serious health problems if too much enters your body from drinking water or other sources. It can cause damage to the brain and kidneys, and can interfere with the production of red blood cells that carry oxygen to all parts of your body. The greatest risk of lead exposure is to infants, young children, and pregnant women. Scientists have linked the effects of lead on the brain with lowered IQ in children. Adults with kidney problems and high blood pressure can be affected by low levels of lead more than healthy adults. Lead is stored in the bones, and it can be released later in life. During pregnancy, the child receives lead from the mother’s bones, which may affect development.

10.6.1.1.3 Sources of lead.

10.6.1.1.3.1 Explain what lead is.

10.6.1.1.3.2 Explain possible sources of lead in drinking water and how lead enters drinking water. Include information on home/building plumbing materials and service lines that may contain lead.

10.6.1.1.3.3 Discuss other important sources of lead exposure in addition to drinking water (e.g., paint).

10.6.1.1.4 Discuss the steps the consumer can take to reduce their exposure to lead in drinking water.

10.6.1.1.4.1 Encourage running the water to flush out the lead.

10.6.1.1.4.2 Explain the concerns with using hot water from the tap and specifically caution against use of hot water for preparing baby formula.

10.6.1.1.4.3 Explain that boiling water does not reduce lead levels.

10.6.1.1.4.4 Discuss other options consumers can take to reduce exposure to lead in drinking water, such as alternative sources or treatment of water.

10.6.1.1.4.5 Suggest that parents have their child’s blood tested for lead.

10.6.1.1.5 Explain why there are elevated levels of lead in the system’s drinking water (if known) and what the water system is doing to reduce the lead levels in homes/buildings in this area.

10.6.1.1.6 For more information, call us at [INSERT YOUR PHONE NUMBER] [(IF APPLICABLE), or visit our website at [INSERT YOUR WEBSITE HERE)]. For more information on reducing lead exposure around your home/building and the health effects of lead, visit EPA’s Web site at http://www.epa.gov/lead or contact your health care provider.

10.6.1.2 Community water systems. In addition to including the elements specified in subsection 10.6.1.1 community water systems must:

10.6.1.2.1 Tell consumers how to get their water tested.

10.6.1.2.2 Discuss lead in plumbing components and the difference between low lead and lead free.

10.6.2 Delivery of public education material.

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

10.6.2.2 A community water system that exceeds the lead action level on the basis of tap water samples collected in accordance with subsection 10.7, and that is not already conducting public education tasks under this section, must conduct the public education tasks under this section within 60 days after the end of the monitoring period in which the exceedance occurred:

10.6.2.2.1 Deliver printed materials meeting the content requirements of subsection 10.6.1 to all bill paying customers.

10.6.2.2.1.1 Contact customers who are most at risk by delivering education materials that meet the content requirements of subsection 10.6.1 to local public health agencies even if they are not located within the water system’s service area, along with an informational notice that encourages distribution to all the organization’s potentially affected customers or community water system’s users. The water system must contact the local public health agencies directly by phone or in person. The local public health agencies may provide a specific list of additional community based organizations serving target populations, which may include organizations outside the service area of the water system. If such lists are provided, systems must deliver education materials that meet the content requirements of subsection 10.6.1 to all organizations on the provided lists.

10.6.2.2.1.2 Contact customers who are most at risk by delivering materials that meet the content requirements of subsection 10.6.1 to the following organizations listed in subsection 10.6.2.2.2.2.1 through 10.6.2.2.2.2.6 that are located within the water system’s service area, along with an informational notice that encourages distribution to all the organization’s potentially affected customers or community water system’s users:

10.6.2.2.1.2.1 Public and private schools or school boards.

10.6.2.2.1.2.2 Women, Infants and Children (WIC) and Head Start Programs.

10.6.2.2.1.2.3 Public and private hospitals and medical clinics.

10.6.2.2.1.2.4 Pediatricians.

10.6.2.2.1.2.5 Family planning clinics.

10.6.2.2.1.2.6 Local welfare agencies.

10.6.2.2.1.3 Make a good faith effort to locate the following organizations within the service area and deliver materials that meet the content requirements of subsection 10.6.1 to them, along with an informational notice that encourages distribution to all potentially affected customers or users. The good faith effort to contact at-risk customers may include requesting a specific list of these organizations from the local public health agencies, even if the agencies are not located within the water system’s service area:

10.6.2.2.1.3.1 Licensed childcare centers

10.6.2.2.1.3.2 Public and private preschools

10.6.2.2.1.3.3 Obstetricians-Gynecologists and Midwives.

10.6.2.2.2 [Reserved]

10.6.2.2.3 No less often than quarterly, provide information on or in each water bill as long as the system exceeds the action level for lead. The message on the water bill must include the following statement exactly as written except for the text in brackets for which the water system must include system-specific information: [INSERT NAME OF WATER SYSTEM] found high levels of lead in drinking water in some homes. Lead can cause serious health problems. For more information please call [INSERT NAME OF WATER SYSTEM] [or visit (INSERT YOUR WEBSITE HERE)] The message or delivery mechanism can be modified in consultation with the Division; specifically, the Division may allow a separate mailing of public education materials to customers if the water system cannot place the information on water bills.

10.6.2.2.4 Post material meeting the content requirements of subsection 10.6.1 on the water system’s website if the system serves a population greater than 100,000.

10.6.2.2.5 Submit a press release to newspaper, television and radio stations.

10.6.2.2.6 In addition to subsections 10.6.2.2.1 through 10.6.2.2.5, systems must implement at least three activities from one or more of the categories listed below. The educational content and selection of these activities must be determined in consultation with the Division.

10.6.2.2.6.1 Public Service Announcements.

10.6.2.2.6.2 Paid advertisements.

10.6.2.2.6.3 Public Area Information Displays.

10.6.2.2.6.4 Emails to customers.

10.6.2.2.6.5 Public meetings.

10.6.2.2.6.6 Household deliveries.

10.6.2.2.6.7 Targeted individual customer contact.

10.6.2.2.6.8 Direct material distribution to all multi-family homes and institutions.

10.6.2.2.6.9 Other methods approved by the Division.

10.6.2.2.7 For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the Division has established an alternative monitoring period, the last day of that period.

10.6.2.3 As long as a community water system exceeds the action level, it must repeat the activities pursuant to subsection 10.6.2.2 as described in subsections 10.6.2.3.1 through 10.6.2.3.4.

10.6.2.3.1 A community water system shall repeat the tasks contained in subsections 10.6.2.2.1, 10.6.2.2.2 and 10.6.2.2.6 every 12 months.

10.6.2.3.2 A community water system shall repeat the tasks contained in subsection 10.6.2.2.3 with every billing cycle.

10.6.2.3.3 A community water system serving a population greater than 100,000 shall post and retain material on a publicly accessible website pursuant to subsection 10.6.2.2.4.

10.6.2.3.4 The community water system shall repeat the task in subsection 10.6.2.2.5 twice every 12 months on a schedule agreed upon with the Division. The Division can allow activities in subsection 10.6.2.2 to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the Division in advance of the 60-day deadline.

10.6.2.4 Within 60 days after the end of the monitoring period in which the exceedance occurred (unless it already is repeating public education tasks pursuant to subsection 10.6.2.5), a non-transient non-community water system shall deliver the public education materials specified by subsection 10.6.1 as follows:

10.6.2.4.1 Post informational posters on lead in drinking water in a public place or common area in each of the buildings served by the system; and

10.6.2.4.2 Distribute informational pamphlets and/or brochures on lead in drinking water to each person served by the non-transient non-community water system. The Division may allow the system to utilize electronic transmission in lieu of or combined with printed materials as long as it achieves at least the same coverage.

10.6.2.4.3 For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the Division has established an alternate monitoring period, the last day of that period.

10.6.2.5 A non-transient non-community water system shall repeat the tasks contained in subsection 10.6.2.4 at least once during each calendar year in which the system exceeds the lead action level. The Division can allow activities in subsection 10.6.2.4 to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the Division in advance of the 60-day deadline.

10.6.2.6 A water system may discontinue delivery of public education materials if the system has met the lead action level during the most recent six-month monitoring period conducted pursuant to subsection 10.7. Such a system shall recommence public education in accordance with this section if it subsequently exceeds the lead action level during any monitoring period.

10.6.2.7 A community water system may apply to the Division, in writing (unless the Division has waived the requirement for prior Division approval), to use only the text specified in subsection 10.6.1.1 in lieu of the text in subsections 10.6.1.1 and 10.6.1.2 and to perform the tasks listed in subsections 10.6.2.4 and 10.6.2.5 in lieu of the tasks listed in subsections 10.6.2.2 and 10.6.2.3 if:

10.6.2.7.1 The system is a facility, such as a prison or a hospital, where the population served is not capable of or is prevented from making improvements to plumbing or installing point of use treatment devices; and,

10.6.2.7.2 The system provides water as part of the cost of services provided and does not separately charge for water consumption.

10.6.2.8 A community water system serving 3,300 or fewer people may limit certain aspects of their public education programs as follows:

10.6.2.8.1 With respect to the requirements of subsection 10.6.2.2.6, a system serving 3,300 or fewer people must implement at least one of activities listed in that section.

10.6.2.8.2 With respect to the requirements of subsection 10.6.2.2.2, a system serving 3,300 or fewer people may limit the distribution of the public education materials required under that section to facilities and organizations served by the system that are most likely to be visited regularly by pregnant women and children.

10.6.2.8.3 With respect to the requirements of subsection 10.6.2.2.5, the Division may waive this requirement for systems serving 3,300 or fewer people as long as the system distributes notices to every household served by the system.

10.6.3 Supplemental monitoring and notification of results. A water system that fails to meet the lead action level on the basis of tap samples collected in accordance with section 10.7 shall offer to sample the tap water of any customer who requests it. The system is not required to pay for collecting or analyzing the sample, nor is the system required to collect and analyze the sample itself.

10.6.4 Notification of results.

10.6.4.1 Reporting requirement. All water systems must provide a notice of the individual tap results from the lead tap water monitoring carried out under the requirements of 107 to the persons served by the water system at the specific sample site from which the sample was taken (e.g., the occupants of the residence where the tap was tested).

10.6.4.2 Timing of notification. A water system must provide the consumer notice as soon as practical, but no later than 30 days after the system learns of the tap monitoring results.

10.6.4.3 Content. The consumer notice must include the results of the lead tap water monitoring for the tap that was tested, an explanation of the health effects of lead, list steps consumers can take to reduce exposure to lead in drinking water and contact information for the water utility. The notice must also provide the maximum contaminant level goal and the action level for lead and the definitions for those terms from subsection 6.3.3.

10.6.4.4 Delivery. The consumer notice must be provided to persons served at the tap that was tested, either by mail or by another method approved by the Division. For example, upon approval by the Division, a non-transient non-community water system could post the results on a bulletin board in the facility to allow users to review the information. The system must provide the notice to customers at sample taps tested, including consumers who do not receive water bills.

10.7 Monitoring Requirements for Lead and Copper in Tap Water:

10.7.1 Sample Site Location:

10.7.1.1 By the applicable date for commencement of monitoring under subsection 10.7.4.1, each water system shall complete a materials evaluation of its distribution system in order to identify a pool of targeted sampling sites that meets the requirements of this section, and which is sufficiently large enough to ensure that the water system can collect the number of lead and copper tap samples required in subsection 10.7.3. All sites from which first draw samples are collected shall be selected from this pool of targeted sampling sites. Sampling sites may not include faucets that have point-of-use or point-of-entry treatment devices designed to remove inorganic contaminants.

10.7.1.2 A water system shall use the information on lead, copper, and galvanized steel that is required to collect under subsection 11.1.4 of these regulations (special monitoring for corrosivity characteristics) when conducting a materials evaluation. When an evaluation of the information collected pursuant to subsection 11.1.4 is insufficient to locate the requisite number of lead and copper sampling sites that meet the targeting criteria in subsection 10.7.1, the water system shall review the sources of information listed below in order to identify a sufficient number of sampling sites. In addition, the system shall seek to collect such information where possible in the course of its normal operations (e.g., checking service line materials when reading water meters or performing maintenance activities):

10.7.1.2.1 All plumbing codes, permits, and records in the files of the building department(s) which indicate the plumbing materials that are installed within publicly and privately owned structures connected to the distribution system;

10.7.1.2.2 All inspections and records of the distribution system that indicate the material composition of the service connections that connect a structure to the distribution system; and

10.7.1.2.3 All existing water quality information, which includes the results of all prior analyses of the system or individual structures connected to the system, indicating locations that may be particularly susceptible to high lead or copper concentrations.

10.7.1.3 The sampling sites selected for a community water system’s sampling pool (“tier 1 sampling sites”) shall consist of single family structures that:

10.7.1.3.1 Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or

10.7.1.3.2 Are served by a lead service line. When multiple-family residences comprise at least 20 percent of the structures served by a water system, the system may include these types of structures in its sampling pool.

10.7.1.4 Any community water system with insufficient tier 1 sampling sites shall complete its sampling pool with “tier 2 sampling sites”, consisting of buildings, including multiple-family residences that:

10.7.1.4.1 Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or

10.7.1.4.2 Are served by a lead service line.

10.7.1.5 Any community water system with insufficient tier 1 and tier 2 sampling sites shall complete its sampling pool with “tier 3 sampling sites”, consisting of single family structures that contain copper pipes with lead solder installed before 1983. A community water system with insufficient tier 1, tier 2, and tier 3 sampling sites shall complete its sampling pool with representative sites throughout the distribution system. For the purpose of this paragraph, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the system.

10.7.1.6 The sampling sites selected for a non-transient non-community water system (“tier 1 sampling sites”) shall consist of buildings that:

10.7.1.6.1 Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or

10.7.1.6.2 Are served by a lead service line.

10.7.1.7 A non-transient non-community water system with insufficient tier 1 sites that meet the targeting criteria in subsection 10.7.1.6 shall complete its sampling pool with tier 2 sampling sites that contain copper pipes with lead solder installed before 1983. If additional sites are needed to complete the sampling pool, the non-transient non-community water system shall use representative sites throughout the distribution system. For the purpose of this paragraph, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the water system.

10.7.1.8 Any water system whose distribution system contains lead service lines shall draw 50 percent of the samples it collects during each monitoring period from sites that contain lead pipes, or copper pipes with lead solder, and 50 percent of those samples from sites served by a lead service line. A water system that cannot identify a sufficient number of sampling sites served by a lead service line shall collect first-draw samples from all of the sites identified as being served by such lines.

10.7.2 Sample Collection Methods:

10.7.2.1 All tap samples for lead and copper collected in accordance with this section, with the exception of lead service line samples collected under subsection 10.5.3 and samples collected under subsection 10.7.2.5, shall be first draw samples.

10.7.2.2 Each first-draw tap sample for lead and copper shall be one liter in volume and have stood motionless in the plumbing system of each sampling site for at least six hours. First-draw samples from residential housing shall be collected from the cold-water kitchen tap or bathroom sink tap. First-draw samples from a non-residential building shall be one liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. Non-first-draw samples collected in lieu of first-draw samples pursuant to subsection 10.7.2.5 shall be one liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. First-draw samples may be collected by the system or the system may allow residents to collect first-draw samples after instructing the residents of the sampling procedures specified in this paragraph. To avoid problems of residents handling nitric acid, acidification of first-draw samples may be done up to 14 days after the sample is collected. After acidification to resolubilize the metals, the sample must stand in the original container for the time specified in the approved EPA method before the sample can be analyzed. If a system allows residents to perform sampling, the system may not challenge, based on the alleged errors in sample collection, the accuracy of sampling results.

10.7.2.3 Each service line sample shall be one liter in volume and have stood motionless in the lead service line for at least six hours. Lead service line samples shall be collected in one of the following three ways:

10.7.2.3.1 At the tap after flushing the volume of water between the tap and the lead service line. The volume of water shall be calculated based on the interior diameter and length of the pipe between the tap and the lead service line;

10.7.2.3.2 Tapping directly into the lead service line; or

10.7.2.3.3 If the sampling site is a building constructed as a single-family residence, allowing the water to run until there is a significant change in temperature which would be indicative of water that has been standing in the lead service line.

10.7.2.4 A water system shall collect each first-draw tap sample from the same sampling site from which it collected a previous sample. If, for any reason, the water system cannot gain entry to a sampling site in order to collect a follow-up tap sample, the system may collect the follow-up tap sample from the pool as long as the new site meets the same targeting criteria, and is within reasonable proximity of the original site.

10.7.2.5 A non-transient non-community water system, or a community water system that meets the criteria of subsection 10.6.2.7 that does not have enough taps that can supply first-draw samples as defined in subsection 10.7.2.2, may apply to the Division in writing to substitute non-first-draw samples. Such systems must collect as many first-draw samples from appropriate taps as possible and identify sampling times and locations that would likely result in the longest standing time for the remaining sites. The Division has the discretion to waive the requirement for prior Division approval of non-first-draw sample sites selected by the system, either through regulation or written notification to the system.

10.7.2.6 Invalidation of lead and copper tap samples. A sample invalidated under this paragraph does not count toward determining lead or copper 90th percentile levels under subsection 10.1.3.3 or toward the minimum monitoring requirements of subsection 10.7.3.

10.7.2.6.1 The Division may invalidate a lead or copper tap sample at least if one of the following conditions is met.

10.7.2.6.1.1 The laboratory establishes that improper sample analysis caused erroneous results.

10.7.2.6.1.2 The Division determines that the sample was taken from a site that did not meet the site selection criteria of this section.

10.7.2.6.1.3 The sample container was damaged in transit.

10.7.2.6.1.4 There is substantial reason to believe that the sample was subject to tampering.

10.7.2.6.2 The system must report the results of all samples to the Division and all supporting documentation for samples the systems believes should be invalidated.

10.7.2.6.3 To invalidate a sample under subsection 10.7.2.6.1 the decision and the rationale for the decision must be documented in writing. The Division may not invalidate a sample solely on the grounds that a follow-up sample result is higher or lower than that of the original sample.

10.7.2.6.4 The system must collect replacement samples for any samples invalidated under this section if, after the invalidation of one or more samples, the system has too few samples to meet the minimum requirements of subsection 10.7.3. Any such replacement samples must be taken as soon as possible, but no later than 20 days after the date the Division invalidates the sample or by the end of the applicable monitoring period, whichever occurs later. Replacement samples taken after the end of the applicable monitoring period shall not also be used to meet the monitoring requirements of a subsequent monitoring period. The replacement samples shall be taken at the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the monitoring period.

10.7.3 Number of Samples: Water systems shall collect at least one sample during each monitoring period specified in subsection 10.7.4 from the number of sites listed in the second column below (“standard monitoring”). A system conducting reduced monitoring under subsection 10.7.4.4 shall collect one sample from the number of sites specified in the third column (“reduced monitoring”) below during each monitoring period specified in subsection 10.7.4.4. Such reduced monitoring sites shall be representative of the sites required for standard monitoring. A public water system that has fewer than five drinking water taps, that can be used for human consumption meeting the sample site criteria of subsection 10.7.1 to reach the required number of sample sites listed in subsection 10.7.3, must collect at least one sample from each tap and then must collect additional samples from those taps on different days during the monitoring period to meet the required number of sites. Alternatively the Division may allow these public water systems to collect a number of samples less than the number of sites specified in subsection 10.7.3, provided that 100 percent of all taps that can be used for human consumption are sampled. The Division must approve this reduction of the minimum number of samples in writing based on a request from the system or onsite verification by the Division. The Division may specify sampling locations when a system is conducting reduced monitoring. The table is as follows:

10.7.4 Timing of Monitoring:

10.7.4.1 Initial Tap Sampling: The first six-month monitoring period for small, medium-size and large systems shall begin on the following dates:

10.7.4.1.1 All large systems shall monitor during two consecutive six-month periods.

10.7.4.1.2 All small and medium-size systems shall monitor during each six-month monitoring period until:

10.7.4.1.2.1 The system exceeds the lead or copper action level and is therefore required to implement the corrosion control treatment requirements under subsection 10.2 in which case the system shall continue monitoring in accordance with subsection 10.7.4.2, or

10.7.4.1.2.2 The system meets the lead and copper action levels during two consecutive six-month monitoring periods, in which case the system may reduce monitoring in accordance with subsection 10.7.4.4.

10.7.4.2 Monitoring after Installation of Corrosion Control and Source Water Treatment:

10.7.4.2.1 Any large system which installs optimal corrosion control treatment pursuant to subsection 10.2.4 Step 4 shall monitor during two consecutive six-month periods by the date specified in subsection 10.2.4 Step 5.

10.7.4.2.2 Any small or medium-size system which installs optimal corrosion control treatment pursuant to subsection 10.2.5 Step 5 shall monitor during two consecutive six-month periods by the date specified in subsection 10.2.5 Step 6.

10.7.4.2.3 Any system which installs source water treatment pursuant to subsection 10.4.1 Step 3 shall monitor during two consecutive six-month periods by the date specified in subsection 10.4.1 Step 4.

10.7.4.3 Monitoring after Division specifies Water Quality Parameter Values for Optimal Corrosion Control: After the Division specifies the values for water quality control parameters under subsection 10.3.6, the system shall monitor during each subsequent six-month monitoring period, with the first monitoring period to begin on the date the Division specifies the optimal values under subsection 10.3.6.

10.7.4.4 Reduced Monitoring:

10.7.4.4.1 A small or medium-size water system that meets the lead and copper action levels during each of two consecutive six-month monitoring periods may reduce the number of samples in accordance with subsection 10.7.3, and reduce the frequency of sampling to once per year. A small or medium water system collecting fewer than five samples as specified in subsection 10.7.3, that meets the lead and copper action levels during each of two consecutive six-month monitoring periods may reduce the frequency of sampling to once per year. In no case can the system reduce the number of samples required below the minimum of one sample per available tap. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period.

10.7.4.4.2 Any water system that meets the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the Division under subsection 10.3.6 during each of two consecutive six-month monitoring periods may reduce the frequency of monitoring to once per year and to reduce the number of lead and copper samples in accordance with subsection 10.7.3 if it receives written approval from the Division. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period. The Division shall review monitoring, treatment and other relevant information submitted by the water system in accordance with subsection 10.10, and shall notify the system in writing when it determines the system is eligible to commence reduced monitoring pursuant to this paragraph. The Division shall review, and where appropriate, revise its determination when the system submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.

10.7.4.4.3 A small or medium-size water system that meets the lead and copper action levels during three consecutive years of monitoring may reduce the frequency of monitoring for lead and copper from annually to once every three years. Any water system that meets the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the Division under subsection 10.3.6 during three consecutive years of monitoring may reduce the frequency of monitoring from annually to once every three years if it receives written approval from the Division. Samples collected once every three years shall be collected no later than every third calendar year. The Division shall review monitoring, treatment and other relevant information submitted by the water system in accordance with subsection 10.10 and shall notify the system in writing when it determines the system is eligible to reduce the frequency of monitoring to once every three years. The Division shall review, and where appropriate, revise its determination when the system submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.

10.7.4.4.4 A water system that reduces the number and frequency of sampling shall collect these samples from sites included in the pool of targeted sampling sites identified in subsection 10.7.1. Systems sampling annually or less frequently shall conduct the lead and copper tap sampling during the months of June, July, August or September unless the Division has approved a different sampling period in accordance with subsection 10.7.4.4.4.1.

10.7.4.4.4.1 The Division, at its discretion, may approve a different period for conducting the lead and copper tap sampling for systems collecting a reduced number of samples. Such a period shall be no longer than four consecutive months and must represent a time of normal operation where the highest levels of lead are most likely to occur. For a non-transient non-community water system that does not operate during the months of June through September, and for which the period of normal operation where the highest levels of lead are most likely to occur is not known, the Division shall designate a period that represents a time of normal operation for the system. This sampling shall begin during the period approved or designated by the Division in the calendar year immediately following the end of the second consecutive six-month monitoring period for systems initiating annual monitoring and during the three-year period following the end of the third consecutive calendar year of annual monitoring for systems initiating triennial monitoring.

10.7.4.4.4.2 Systems monitoring annually, that have been collecting samples during the months of June through September and that receive Division approval to alter their sample collection period under subsection 10.7.4.4.4.1, must collect their next round of samples during a time period that ends no later than 21 months after the previous round of sampling. Systems monitoring triennially that have been collecting samples during the months of June through September, and receive Division approval to alter the sampling collection period as per subsection 10.7.4.4.4.1, must collect their next round of samples during a time period that ends no later than 45 months after the previous round of sampling. Subsequent rounds of sampling must be collected annually or triennially, as required by this subsection. Small systems with waivers, granted pursuant to subsection 10.7.6, that have been collecting samples during the months of June through September and receive Division approval to alter their sample collection period under subsection 10.7.4.4.4.1 must collect their next round of samples before the end of the 9-year period.

10.7.4.4.5 Any water system that demonstrates for two consecutive 6-month monitoring periods that the tap water lead level computed under subsection 10.1.3.3 is less than or equal to 0.005 mg/L and the tap water copper level computed under subsection 10.1.3.3 is less than or equal to 0.65 mg/L may reduce the number of samples in accordance with subsection 10.7.3 and reduce the frequency of sampling to once every three calendar years.

10.7.4.4.6 Return to standard monitoring after failure to meet action levels or operate within specified water quality parameters.

10.7.4.4.6.1 A small or medium-size water system subject to reduced monitoring that exceeds the lead or copper action levels shall resume sampling in accordance with subsection 10.1.3.3 and collect the number of samples specified for standard monitoring under subsection 10.7.3. Such a system shall also conduct water quality parameter monitoring in accordance with subsections 10.8.2, 10.8.3 or 10.8.4 (as appropriate) during the monitoring period in which it exceeded the action level. Any such system may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in subsection 10.7.3 after it has completed two subsequent consecutive 6-month rounds of monitoring that meet the requirements of subsection 10.7.4.4.1 and/or may resume triennial monitoring for lead and copper at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either subsection 10.7.4.4.3 or 10.7.4.4.5.

10.7.4.4.6.2 Any water system subject to reduced monitoring frequency that fails to meet the lead action level during any four-month monitoring period or that fails to operate at or above the minimum value or within the range of values for the water quality control parameters specified by the Division under subsection 10.3.6 for more than nine days in any 6-month period specified in subsection 10.8.4 shall conduct tap water sampling for lead and copper at the frequency specified in subsection 10.7.4.3, collect the number of samples specified for standard monitoring under subsection 10.7.3, and shall resume monitoring for water quality parameters within the distribution system in accordance with subsection 10.8.4. This standard tap water sampling shall begin no later than the six-month period beginning January 1 of the calendar year following the lead action level exceedance or water quality parameter excursion. Such a system may resume reduced monitoring for lead and copper at the tap and for water quality parameters within the distribution system under the following conditions:

10.7.4.4.6.2.1 The system may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in subsection 10.7.3 after it has completed two subsequent 6-month rounds of monitoring that meet the criteria of subsection 10.7.4.4.2 and the system has received written approval from the Division that it is appropriate to resume reduced monitoring on the annual frequency. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period.

10.7.4.4.6.2.2 The system may resume triennial monitoring for lead and copper at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either subsections 10.7.4.4.3 or 10.7.4.4.5 and the system has received written approval from the Division that it is appropriate to resume triennial monitoring.

10.7.4.4.6.2.3 The system may reduce the number of water quality parameter tap water samples required in accordance with subsection 10.8.5.1 and the frequency with which it collects such samples in accordance with subsection 10.8.5.2. Such a system may not resume triennial monitoring for water quality parameters at the tap until it demonstrates, in accordance with the requirements of subsection 10.8.5.2, that it has re-qualified for triennial monitoring.

10.7.4.4.7 Any water system subject to a reduced monitoring frequency under subsection 10.7.4.4 shall notify the Division in writing in accordance with subsection 10.10.1.3 of any upcoming long-term change in treatment or addition of a new source as described in that section. The Division must review and approve the addition of a new source or long-term change in water treatment before it is implemented by the water system. The Division may require the system to resume sampling in accordance with subsection 10.7.4.3 and collect the number of samples specified for standard monitoring under subsection 10.7.3 or take other appropriate steps such as increased water quality parameter monitoring or re-evaluation of its corrosion control treatment given the potentially different water quality considerations.

10.7.5 Additional Monitoring by Systems: The results of any monitoring conducted in addition to the minimum requirements of this subsection shall be considered by the system and the Division in making any determinations (i.e., calculating the 90th percentile lead or copper level) under this section.

10.7.6 Monitoring Waivers for Small Systems: Any small system that meets the criteria of this paragraph may apply to the Division to reduce the frequency of monitoring for lead and copper under this section to once every nine years (i.e., a “full waiver”) if it meets all of the materials criteria specified in section 10.7.6.1 and all of the monitoring criteria specified in subsection 10.7.6.2. If Division regulations permit, any small system that meets the criteria in subsections 10.7.6.1 and 10.7.6.2 only for lead, or only for copper, may apply to the Division for a waiver to reduce the frequency of tap water monitoring to once every nine years for that contaminant only (i.e., a “partial waiver”).

10.7.6.1 Materials Criteria: The system must demonstrate that its distribution system and service lines and all drinking water supply plumbing, including plumbing conveying drinking water within all residences and buildings connected to the system, are free of lead-containing materials and/or copper-containing materials, as those terms are defined in this paragraph, as follows:

10.7.6.1.1 Lead. To qualify for a full waiver, or a waiver of the tap water monitoring requirements for lead (i.e., a “lead waiver”), the water system must provide certification and supporting documentation to the Division that the system is free of all lead-containing materials as follows:

10.7.6.1.1.1 It contains no plastic pipe which contain lead plasticizers, or plastic service lines which contain lead plasticizers; and

10.7.6.1.1.2 It is free of lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze alloy fittings and fixtures, unless such fittings and fixtures meet the specifications of any standard established pursuant to 42 U.S.C. 300g-6(e) (Safe Drinking Water Act section 1417(e)).

10.7.6.1.2 Copper. To qualify for a full waiver, or a waiver of the tap water monitoring requirements for copper (i.e., a “copper waiver”), the water system must provide certification and supporting documentation to the Division that the system contains no copper pipes or copper service lines.

10.7.6.2 Monitoring Criteria for Waiver Issuance: The system must have completed at least one six-month round of standard tap water monitoring for lead and copper at sites approved by the Division and from the number of sites required by subsection 10.7.3 and demonstrate that the 90th percentile levels for any and all rounds of monitoring conducted since the system became free of all lead-containing and/or copper-containing materials, as appropriate, meet the following criteria.

10.7.6.2.1 Lead levels. To qualify for a full waiver, or a lead waiver, the system must demonstrate that the 90th percentile lead level does not exceed 0.005 mg/L.

10.7.6.2.2 Copper levels. To qualify for a full waiver, or a copper waiver, the system must demonstrate that the 90th percentile copper level does not exceed 0.65 mg/L.

10.7.6.3 Division Approval of Waiver Application: The Division shall notify the system of its waiver determination, in writing, setting forth the basis of its decision and any condition of the waiver. As a condition of the waiver, the Division may require the system to perform specific activities (e.g., limited monitoring, periodic outreach to customers to remind them to avoid installation of materials that void the waiver) to avoid the risk of lead or copper concentration of concern in tap water. The small system must continue monitoring for lead and copper at the tap as required by subsections 10.7.4.1 through 10.7.4.4, as appropriate, until it receives written notification from the Division that the waiver has been approved.

10.7.6.4 Monitoring frequency for systems with waivers.

10.7.6.4.1 A system with a full waiver must conduct tap water monitoring for lead and copper in accordance with subsection 10.7.4.4.4 at the reduced number of sampling sites identified in subsection 10.7.3 at least once every nine years and provide the materials certification specified in subsection 10.7.6.1 for both lead and copper to the Division along with the monitoring results. Samples collected every nine years shall be collected no later than every ninth calendar year.

10.7.6.4.2 A system with a partial waiver must conduct tap water monitoring for the waived contaminant in accordance with subsection 10.4.4.4 at the reduced number of sample sites specified in subsection 10.7.3 at least once every nine years and provide the materials certification specified in subsection 10.7.6.1 pertaining to the waived contaminant along with the monitoring results. Such a system also must continue to monitor for the non-waived contaminant in accordance with subsections 10.7.4.1 through 10.7.4.4, as appropriate.

10.7.6.4.3 Any water system with a full or partial waiver shall notify the Division in writing in accordance with subsection 10.10.1.3 of any upcoming long-term change in treatment or addition of a new source, as described in that subsection. The Division must review and approve the addition of a new source or long-term change in water treatment before it is implemented by the water system. The Division has the authority to require the system to modify waiver conditions (e.g., require re-certification that the system is free of lead-containing and/or copper-containing materials or require additional round(s) of monitoring), if it deems such modifications are necessary to address treatment or source water changes at the system.

10.7.6.4.4 If a system with a full or partial waiver becomes aware that it is no longer free of lead-containing or copper-containing materials, as appropriate, (e.g., as a result of new construction or repairs), the system shall notify the Division in writing no later than 60 days after becoming aware of such a change.

10.7.6.5 Continued Eligibility: If the system continues to satisfy the requirements of subsection 10.7.6.4, the waiver will be renewed automatically, unless any of the conditions listed in subsections 10.7.6.5.1 through 10.7.6.5.3 occurs. A system whose waiver has been revoked may re-apply for a waiver at such time as it again meets the appropriate materials and monitoring criteria of subsections 10.7.6.1 and 10.7.6.2.

10.7.6.5.1 A system with a full waiver or a lead waiver no longer satisfies the materials criteria of subsection 10.7.6.1.1 or has a 90th percentile level greater than 0.005 mg/L.

10.7.6.5.2 A system with a full waiver or a copper waiver no longer satisfies the materials criteria of subsection 10.7.6.1.2 or has a 90th percentile copper level greater than 0.65 mg/L.

10.7.6.5.3 The Division notifies the system, in writing, that the waiver has been revoked, setting forth the basis of its decision.

10.7.6.6 Requirements Following Waiver Revocation: A system whose full or partial waiver has been revoked by the Division is subject to the corrosion control treatment and lead and copper tap water monitoring requirements, as follows:

10.7.6.6.1 If the system exceeds the lead and/or copper action level, the system must implement corrosion control treatment in accordance with the deadlines specified in subsection 10.2.5, and any other applicable requirements of this subsection.

10.7.6.6.2 If the system meets both the lead and copper action level, the system must monitor for lead and copper at the tap no less frequently than once every three years using the reduced number of sample sites specified in subsection 10.7.3.

10.7.6.7 Pre-existing Waivers: Small system waivers approved by the Division in writing prior to April 11, 2000 shall remain in effect under the following conditions:

10.7.6.7.1 If the system has demonstrated that it is both free of lead-containing and copper-containing materials, as required by subsection 10.7.6.1 and that its 90th percentile lead levels and 90th percentile copper levels meet the criteria of subsection 10.7.6.2, the waiver remains in effect so long as the system continues to meet the waiver eligibility criteria of subsection 10.7.6.5. The first round of tap monitoring conducted pursuant to subsection 10.7.6.4 shall be completed no later than nine years after the last time the system has monitored for lead and copper at the tap.

10.7.6.7.2 If the system has met the materials criteria of subsection 10.7.6.1 but has not met the monitoring criteria of subsection 10.7.6.2, the system shall conduct a round of monitoring for lead and copper at the tap demonstrating that it meets the criteria of subsection 10.7.6.2, no later than September 30, 2003. Thereafter, the waiver shall remain in effect as long as the system meets the continued eligibility criteria of subsection 10.7.6.5. The first round of tap water monitoring conducted pursuant to subsection 10.7.6.4 shall be completed no later than nine years after the round of monitoring conducted pursuant to subsection 10.7.6.2.

10.8 Monitoring Requirements for Water Quality Parameters: All large water systems and all small and medium-size systems that exceed the lead or copper action level shall monitor water quality parameters in addition to lead and copper in accordance with this subsection. The requirements of this section are summarized in the table at the end of this section.

10.8.1 General Requirements:

10.8.1.1 Sample Collection Methods:

10.8.1.1.1 Tap samples shall be representative of water quality throughout the distribution system taking into account the number of persons served, the different sources of water, the different treatment methods employed by the system, and seasonal variability. Tap sampling under this section is not required to be conducted at taps targeted for lead and copper sampling under subsection 10.7.1. (NOTE: Systems may find it convenient to conduct tap sampling for water quality parameters at sites used for coliform sampling under Section 5.0.)

10.8.1.1.2 Samples collected at the entry point(s) to the distribution system shall be from locations representative of each source after treatment. If a system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water is representative of all sources being used).

10.8.1.2 Number of Samples:

10.8.1.2.1 Systems shall collect two tap samples for applicable water quality parameters during each monitoring period specified under subsections 10.8.2 and 10.8.5 from the following number of sites: