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DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Public Health

Statutory Authority: 16 Delaware Code, §122(3)c (16 Del.C., §122(3)c)
16 DE Admin. Code 4462

FINAL

ORDER

NATURE OF THE PROCEEDINGS:

Delaware Health and Social Services (“DHSS”) initiated proceedings to adopt the State of Delaware Regulations Governing Public Drinking Water Systems. The DHSS proceedings to adopt regulations were initiated pursuant to 29 Del.C. 101 and authority as prescribed by 16 Del.C. §122(3)c.

On April 1, 2012 (Volume 15, Issue 10), DHSS published in the Delaware Register of Regulations its notice of proposed regulations, pursuant to 29 Del.C. 10115. It requested that written materials and suggestions from the public concerning the proposed regulations be delivered to DHSS by April 30, 2012, or be presented at a public hearing on April 25, 2012, after which time the DHSS would review information, factual evidence and public comment to the said proposed regulations.

Verbal comments were received during the public comment period and evaluated. The results of that evaluation are summarized in the accompanying “Summary of Evidence.”

SUMMARY OF EVIDENCE

STATE OF DELAWARE REGULATIONS GOVERNING PUBLIC DRINKING WATER SYSTEMS

In accordance with Delaware Law, public notices regarding proposed Department of Health and Social Services (DHSS) Regulations Governing Public Drinking Water Systems were published in the Delaware State News, the News Journal and the Delaware Register of Regulations.

Written and verbal comments were received on the proposed regulations during the public comment period (April 1, 2012 through April 30, 2012). Entities offering comments included:

Mr. Gene Dvornick, Town Manager for the Town of Georgetown
Ms. Sharon Fillmann, Water Quality Manager, United Water Pennsylvania & Delaware

Public comments and the DHSS (Agency) responses are as follows:

Gene Dvornick, Town Manager for the Town of Georgetown

The Town of Georgetown wishes to go on record that we are in full support of the reduction in the levels for tetrachloroethylene, vinyl chloride, and trichloroethylene. We work with the Department of Public Health, Office of Drinking Water, in making sure that, when the standards drop for those water systems during the process of bringing the necessary requirements and improvements to their treatment to comply, would be effective January 1st of 2015. And we appreciate all the efforts on behalf of the Office of Drinking Water to work with us on that.

Agency Response: The Agency appreciates and acknowledges your comment.

United Water Delaware intends to submit the following comments in lieu of oral testimony at the Public Hearing held April 25, 2012 to address the proposed State of Delaware Regulations Governing Public Drinking Water Systems and amendments.

Our comments and recommendations are below:

A Table of Contents would facilitate location of specific drinking water regulations and requirements.

Agency Response: The Agency appreciates and acknowledges your comment. The Office of Drinking Water will produce a copy with the table of contents after these regulations are published as final.

Section 2.0 Definitions

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

United Water appreciates the department’s numerical definition of < 0.04 mg/L as a non-detectable residual but recommends that “for purposes of calculation” be removed from the definition as a non-detectable chlorine residual in a water sample in the distribution system requires that an HPC sample and HPC analysis be conducted in conjunction with a total coliform analysis per the Surface Water Treatment Rule (section 10.3.3 and 10.5.3); the non-detectable chlorine residual has additional compliance implication not just in calculation.

Agency Response: The Agency appreciates and acknowledges your comment. The suggested change has been accepted and added.

Section 3.2.4 and 5.2.4

“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.”

United Water requests clarification/definition on the word “responsible” and the implied responsibility of the public water system in meeting the sanitary survey requirements. Is the system responsible to ensure the Division completes a sanitary survey or responsible to assist the Division with the survey and for providing information and data as/when requested?

Agency Response: The Agency appreciates and acknowledges your comment. Under the Safe Drinking Water Act the water system is responsible to ensure that the Division completes the sanitary survey within the proper time frame. The water system is also responsible for providing information and data when requested.

Section 4.2 Public Notification

Section 4.2.1.1.1.3: Reference to section 6.1.2.11which does not exist or is not the correct reference.

Agency Response: The Agency appreciates and acknowledges your comment but respectfully disagrees. The reference as identified is correct. No change made.

Section 4.2.1.1.2.2: Typographical error on 5th line, “les” should be “less”.

Agency Response: The Agency appreciates and acknowledges your comment. The error has been corrected.

Section 4.3 Consumer Confidence Reports

4.3.3.3.1.4 Maximum Residual Disinfectant Level has no acronym listed; “MRDL” should be added.

Agency Response: The Agency appreciates and acknowledges your comment. The acronym has been added.

4.3.3.4.4.10 “Community water systems that detect TTHM above 0.080 mg/L….in accordance with section 6.2.3”. Section 6.2.3 is likely an incorrect reference as it refers to BAT for Organic Chemicals.

Agency Response: The Agency appreciates and acknowledges your comment. The reference as identified is correct. No change made.

Section 5.0 Microbiological Requirements

5.2.1.1.4.2 Maintenance of a disinfect residual throughout the distribution system.

United Water requests that ODW consider changing the “maintenance” residual to a “detectable” residual to be consistent with SWTR requirements cited above.

Agency Response: The Agency appreciates and acknowledges your comment but respectfully disagrees. No change is being made to this section.

5.4.3 Ground Water source microbial monitoring and analytical requirements

Agency Response: The Agency appreciates and acknowledges your comment.

5.4.3.1.2 Sampling Requirements

“…at least one ground water source sample from each…”

United Water recommends that the sample analysis be specified here for clarity and ease of understanding. Such that it might read ““…at least one ground water source sample from each be collected and analyzed for fecal indicator…” Otherwise the reference for ground water source analysis is in section 5.4.3.3.1.

Agency Response: The Agency appreciates and acknowledges your comment. No change is being made to this section because it copies the EPA regulatory language and the analytical methods are detailed in section 5.4.3.3.1 as noted by the commenter.

Section 6.0 Inorganic and Organic Requirements

6.1.1.1 Table of PMCLs.

United Water suggests that the old Arsenic MCL of 0.05 mg/L and the footnote be removed, if possible, and that the table be updated with the current MCL of 0.010 mg/L.

Agency Response: The Agency appreciates and acknowledges your comment. The recommended changes have been made.

6.1.1.4 Arsenic

United Water suggests that the MCL of 0.05 be updated to the new MCL of 0.010 mg/L in sections 6.1.1.4.1 and 6.1.1.4.2 and the reference to ‘January 23, 2006’ be removed for clarity.

Agency Response: The Agency appreciates and acknowledges your comment. The recommended changes have been made.

6.1.3.5 Monitoring for asbestos and IOCs

Reference to section 6.1.7, 6.1.8 and 6.1.11 appear to be incorrect references. Likely these sections should reference 6.1.4, 6.1.5 and 6.1.7 respectively.

Agency Response: The Agency appreciates and acknowledges your comment. Section 6.1.3.5 does not exist. No change made.

Sections 6.1.3 through 6.1.5

6.1.3 Fluoride – incorrect numerical formatting as 6.1.3 previously used IOC Monitoring Requirements. This section may be better numerically renumbered as 6.1.14.

Agency Response: The Agency appreciates and acknowledges your comment but respectfully disagrees. No change is being made to this section.

6.1.4 Sodium- This section may be better numerically renumbered as 6.1.15.

Agency Response: The Agency appreciates and acknowledges your comment but respectfully disagrees. No change is being made to this section.

6.1.5 Inorganic Compliance Determination- This section may be better numerically renumbered as 6.1.16.

Agency Response: The Agency appreciates and acknowledges your comment but respectfully disagrees. No change is being made to this section.

6.1.5.1.1 PMCL analyses... typographical error as “hall” should be “shall”.

Agency Response: The Agency appreciates and acknowledges your comment. Change has been made.

6.1.5.1.5 If the result of analysis…exceeds the PMCL…supplier…shall report …and initiate three (3) additional analyses at the same sampling point with one (1) month.

United Water requests clarification and questions if this conflicts with section 6.1.5.7 (previously cited 2 pages ahead of this section) which requires “systems which exceed the MCL…shall monitor quarterly…”

Agency Response: The Agency appreciates and acknowledges your comment. Section 6.1.5.1.5 has been deleted. This is an old section that has been superseded by more recent regulations.

6.1.7 Lead and Copper

6.1.7.3.3.2 Typographical error as “rig/loop” tests should be “ring/loop” tests.

Agency Response: The Agency appreciates and acknowledges your comment. Correction has been made.

6.2.2.3 DBP sampling/monitoring requirements/and compliance determinations

Sections 6.2.2.3.6 and 6.2.2.3.7 reference subsections 6.2.3.5, 6.2.3.2, 6.2.3.3 and 6.2.3.4 which are numerically incorrect and likely should be changed to 6.2.2.3.5, 6.2.2.3.2, 6.2.2.3.3 and 6.2.2.3.4.

Agency Response: The Agency appreciates and acknowledges your comment but respectfully disagrees. No change is being made to this section.

Section 6.2.2.3.9.5 “Demonstrate an active disinfectant residual throughout the distribution system at all times during and after the modification.”

United Water requests definition or clarity and a numerical value for the word “active”. For example, does “active” refer to a detectable disinfectant residual of at least 0.04 mg/L?

Agency Response: The Agency appreciates and acknowledges your comment. We have added the numerical value to clarify the intent of this section.

8.4 Sampling, Analytical Requirements, and Compliance Determinations for Disinfectant Residuals, Disinfection Byproducts, and Disinfection Precursors (Stage 1)

8.4.7.1.1 Monitoring Requirements for disinfection byproducts in table format appears to be redundant with the Stage 1 DBP monitoring requirements of section 6.2.1.2 where DBP requirements are listed under Organic Chemical Requirements.

United Water recommends that the Stage 1 DBPs remain in section 8.4 and be removed from section 6.2.1.2 for clarity.

Agency Response: The Agency appreciates and acknowledges your comment but respectfully disagrees. Section 6.2.1.2 indentifies the Maximum Contaminant Levels and no change is being made to this section.

8.4.8.1.1 Routine Monitoring for Disinfectant Residual

Reference to disinfection residual sampling requirements in the distribution system refers to sections 5.0, 10.3.3 and 10.5.3 of the Surface Water Treatment Rule in reference to HPC analyses.

United Water suggests that all of these sections contain the same language in reference to a non-detectable chlorine residual, measured as less than 0.04 mg/L, for consistency.

Agency Response: The Agency appreciates and acknowledges your comment but respectfully disagrees. The Agency feels the current definitions are sufficient and no changes will be made to the referenced sections.

8.5.4 through 8.7.3.2.1 Disinfection Byproduct Precursors

Section 8.5.4 refers to section 8.7.3.1.4 regarding Step 1 TOC removal ratio of 1.00, however, section 8.7.3.2.1 refers to assigning a monthly value of 1.0 when calculating compliance under section 8.7.3.1. Use of significant figures should be consistent.

United Water requests that the number of significant figures in the sections above be consistent so the monthly or quarterly compliance ratio should be either 1.00 or 1.0.

Agency Response: The Agency appreciates and acknowledges your comment but respectfully disagrees. The current language and values are consistent with the Code of Federal Regulations and no changes will be made.

8.9 Stage 2 Disinfection Byproducts

Section 8.9.2 Routine Monitoring listed in 8.9.2.1.2

United Water requests clarification and flexibility on footnote 2 which refers to “dual sample sets every 90 days”. United Water appreciates the purpose of defining a set sampling schedule for protecting public health; however, we also understand that some water systems may have a limited number of personnel or even one person that performs the sampling to meet these requirements. We, therefore, recommend that the Division define some appropriate time frame for quarterly sampling to allow sampling personnel to have vacation, sick time or to assist with other high priority issues or emergencies. We suggest something such as “approximately every 90 days” or “second week of the second month of the quarter” (as referenced in the EPA IDSE guidance) or “every 90 days +/- 2 days”. The latter scenario would allow sampling on any day within a previously determined week per the EPA IDSE guidance.

Agency Response: The Agency appreciates and acknowledges your comment. The language in the referenced section is consistent with the Code of Federal Regulations and cannot be changed. The Agency will implement the rule in accordance with the EPA IDSE guidance and provide for a window for sampling rather than a strict 90 day timeframe.

General Comments and suggestion pertaining to the proposed State of Delaware Regulations Governing Public Drinking Water Systems and amendments:

Numerical formatting system is difficult to follow and to locate specific regulatory language.

The numerical numbering system should be addressed as some numerical sections are used more frequently than once; and the system should be checked for accuracy of references for the proposed regulations in its entirety and not just for the new proposed regulations (Stage 2, LT 2, GWR, LCR STR). There are many references throughout the proposed regulations that appear to be incorrect.

The format of the regulations for Stage 1 DBPs and Stage 2 DBPs (section 6.2.2.3 and 8.9) appears to be an easier read with more clarity as sampling requirements, frequency of sampling, and compliance determinations are shown in a logical procession. The other regulations might be easier to track and understand if the format was similar to that of the DBP regulation formats.

United Water is in full support of the Division of Public Health’s, Office of Drinking Water, adoption of the proposed regulations: LT 2 ESWTR, Stage 2 DBPR, GWR and the LCR STR.

United Water supports the reduction of the MCLs for PCE, TCE and Vinyl Chloride; clarification of the distribution non-detectable disinfectant level, and reporting of Action Level exceedances to the ODW as MCL exceedances are reported.

United Water is in support of calculating compliance with the proposed reduced MCLs for PCE, TCE and Vinyl Chloride after 4 consecutive quarters of sampling have been completed such that the effective date will be fourth quarter 2013 calculated as a RAA.

Agency Response: The Agency appreciates and acknowledges your comments.

Verifying documents are attached to the Hearing Officer’s record. The regulation has been approved by the Delaware Attorney General’s office and the Cabinet Secretary of DHSS.

FINDINGS OF FACT:

Based on public comments received, non-substantive changes were made to the proposed regulations. Additionally, minor technical amendments and some grammatical corrections were made to further clarify the proposed regulations. The Department finds that the proposed regulations, as set forth in the attached copy should be adopted in the best interest of the general public of the State of Delaware.

THEREFORE, IT IS ORDERED, that the proposed State of Delaware Regulations Governing Public Drinking Water Systems are adopted and shall become effective July 11, 2012, after publication of the final regulation in the Delaware Register of Regulations.

Rita M. Landgraf, Secretary

4462 Public Drinking Water Systems

1.0 Definitions

1.1 The following definitions shall apply to these regulations:

"Action Level" means the concentration of lead or copper in water specified in Section 6.1.7.1.1.1 and 6.1.7.1.1.2 which determines, in some cases, the treatment requirements contained in Section 6.1.7 that a water system is required to complete.

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

"Approved" means approved by the Division.

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

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

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

Technical Capacity refers to the physical infrastructure of the water system, including but not limited to, the adequacy of the source water, infrastructure (source, treatment, storage, and distribution), and the ability of system personnel to implement the requisite technical knowledge.
Managerial Capacity refers to the management structure of the water system, including but not limited to ownership accountability, staffing and organization, and effective linkages.
Financial Capacity refers to the financial resources of the water system, including but not limited to revenue sufficiency and fiscal controls.

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

"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.

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

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

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

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

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

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

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

"Corrosion Inhibitor" means a substance capable of reducing the corrosivity of water toward metal plumbing materials, especially lead and copper, by forming a protective film on the interior surface of those materials.

"CT or CTcalc" means the product of the residual disinfectant concentration (C) (22.161) in milligrams per liter (mg/L) determined before or at the first customer, and the corresponding disinfectant contact time (T) (22.120) in minutes, i.e. "C" X "T". If a public water system applies disinfectants at more than one (1) point prior to the first customer, it must determine the CT of each disinfectant sequence before or at the first customer to determine the total percent inactivation or total inactivation ratio. In determining the total inactivation ratio, the public water system must determine the residual disinfectant concentration of each disinfection sequence and corresponding contact time before any subsequent disinfection application point(s). CT99.9 is the CT value required for 99.9 percent (3-log) inactivation of Giardia lamblia cysts. The inactivation ratio is the CTcalc divided by the CT99.9 and the total inactivation ratio is the sum of the inactivation ratios for each disinfection sequence. A total inactivation ratio equal to or greater than 1.0 is assumed to provide a 3-log inactivation of Giardia lamblia cysts.

"Diatomaceous Earth Filtration" means a process resulting in substantial particulate removal in which a precoat cake of diatomaceous earth filter media is deposited on a support membrane (septum), and while the water is filtered by passing through the cake on the septum, additional filter media known as body feed is continuously added to the feed water to maintain the permeability of the filter cake.

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

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

"Disinfectant" means any oxidant, including but not limited to chlorine, chlorine dioxide, chloramines, and ozone added to water in any part of the treatment or distribution process, that is intended to kill or inactivate pathogens (disease causing organisms).

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

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

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

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

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

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

"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 by-product precursors by conventional filtration treatment.

“Enhanced Softening” means the improved removal of disinfection by-product 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.

"First Draw Sample" means a one (1) liter sample of tap water, collected in accordance with Section 6.1.7.7.2.2, that has been standing in plumbing pipes at least six (6) hours and is collected without flushing the tap.

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

“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.

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

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

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

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

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

"Health 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.

"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.

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

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

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

“Maximum Residual Disinfection Level Goal (MRDLG)” means the maximum level of a disinfectant added for water treatment at which no known or anticipated adverse effect on the health of persons would occur, and which allows an adequate margin of safety. MRDLGs are nonenforceable health goals and do not reflect the benefit of the addition of the chemical for control of waterborne microbial contaminants.

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

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

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

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

"Optimal Corrosion Control Treatment" means the corrosion control treatment that minimizes the lead and copper concentrations at users' taps while insuring that the treatment does not cause the water system to violate any national primary drinking water regulations.

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

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

"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.

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

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

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

"Community Water System (CWS)" means a public water system which serves at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents;
"Non-Transient Non-Community Water System (NTNCWS)" means a public water system that is not a community water system and that regularly serves at least twenty-five (25) of the same persons over six (6) months per year;
"Transient Non-Community Water System (TNCWS)" means a public water system which has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year;
"Miscellaneous Public Water System (MPWS)" means a public water system that is neither community, transient non-community nor non-transient non-community.

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

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

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

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

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

Class 1 - on-site review.
Class 2 - telephone review.

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

"Secretary, Delaware Health and Social Services" means the agency defined in Title 29 Del.C. Section (b).

"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 Section 6.1.7.7.2.3 that has been standing for at least six (6) hours in a service line.

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

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

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

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

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

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 System” 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 requirements of Subpart H.

"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 cm-1) by its concentration of dissolved organic carbon (DOC) (in mg/L).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

9 DE Reg. 999 (12/01/05)
2.0 General Provisions

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

2.2 "Variance”: Variances will not be issued under these regulations.

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

[Missing section numbers are reserved.]

2.6 Right of Entry:

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

2.7 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.

2.8 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.

2.9 Enforcement of Regulations:

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

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

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

2.9.1.2.1 The immediate cessation or correction of the violation.

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

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

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

2.9.1.3 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.

2.9.1.4 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.

2.9.1.5 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:

2.9.1.5.1 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

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

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

2.11 Plans and Specifications:

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

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

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

2.11.1.3 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. 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.

2.11.1.4 Plans and specifications shall be on paper no larger than 20” 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.

2.11.2 Effective October 1, 1999, all new community and non-transient non-community systems must comply with §11.1, and, in addition, submit an Application for Capacity Development review. The application is available from the Office of Drinking Water.

2.12 Approval of Water Supplies:

2.12.1 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:

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

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

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

2.12.1.4 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;

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

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

2.12.2 Effective October 1, 1999, in addition to the requirements in 2.12.1, approval of new community and non-transient non-community water systems shall be dependent upon the following:

2.12.2.1 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.

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

2.12.2.3 Failure to comply with 2.12.2.1 and 2.12.2.2 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.

2.13 Siting Requirements:

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

2.13.1.1 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;

2.13.1.2 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.

2.14 Approved Laboratory:

For the purpose of determining compliance with Sections 5.0, 6.0, 7.0 and 9.0, samples may be considered only if they have been analyzed by the Division, EPA, or an approved laboratory, except that measurements for turbidity, free chlorine residual, temperature and pH may be performed by any person acceptable to the Division.

2.14.1 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.

2.14.2 Annual laboratory proficiency testing:

2.14.2.1 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 141, copies are available from the Office of Drinking Water, for each analyte (microbiological and/or chemical) and by each method used to analyze compliance samples.

2.14.2.2 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.”

2.14.2.3 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.

2.14.2.4 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.

2.14.3 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 exceedance occurs then the Office of Drinking Water must be notified in accordance with the following:

2.14.3.1 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

2.14.3.2 Chemical samples: If a sample exceeds a MCL 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.

2.14.4 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.

2.15 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.

2.16 Required Sampling, Monitoring or Analyses:

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

2.17 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.

2.18 Date of Effect: These regulations shall become effective on December 10, 2005.

7 DE Reg. 94 (7/01/03)
9 DE Reg. 999 (12/01/05)
3.0 Source and Protection

3.1 Water Source Desirability:

Drinking water shall be obtained from the most desirable source which is feasible, and efforts must be made to prevent or control pollution of the source. If the source fails to meet the bacteriological standards of Section 5.0 and is not already disinfecting pursuant to Section 8.2, 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.

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

3.6 Certified Operator:

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

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

3.6.2 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.

3.6.3 The requirements of Section 3.6.1 shall become effective January 1, 2006.

9 DE Reg. 999 (12/01/05)
4.0 Reporting, Public Notification, Consumer Confidence Reports and Record Maintenance

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 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 chlorine residual, nitrates, pH, and fluoride 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 Section 4.2.6 to the Division.

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

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

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

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

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

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

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

4.1.7 Certification requirements: The public water system, within 10 days of completing the public notification requirements under Section 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 Section 4.4. hereof or copies of any documents then in existence that the Division or the Adminstrator 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.

4.2 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. Section 4.2.3 identifies the tier assignment for each specific violation or situation.

4.2.1.1.1.1.1 Violation of the MCL for total coliforms when fecal coliform or E. coli are present in the water distribution system (as specified in section 5.2), or when the water system fails to test for fecal coliforms or E. coli when any repeat sample tests positive for coliform (as specified in section 5.2);

4.2.1.1.1.1.2 Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, as defined in section 22.601, 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 section 6.1.2 or violation of the fluoride MCL as defined in section 6.1.3;

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 6.1.2.11;

4.2.1.1.1.1.4 Violation of the MRDL for chlorine dioxide, as defined in section 8.3.1, 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 section 8.4.7;

4.2.1.1.1.1.5 Violation of the turbidity MCL under section 7.1.1, 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) or Interim Enhanced Surface Water Treatment rule (IESWTR) or the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR) treatment technique requirement resulting from a single exceedance of the maximum allowable turbidity limit (as identified in section 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 1.0, 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 contaminatsectionion);

4.2.1.1.1.1.8 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. section 4.2.3 to this subpart 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) and the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR) treatment technique requirements, except where a Tier 1 notice is required under section 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 Failure to comply with the terms and conditions of any variance or exemption in place; and

4.2.1.1.2.1.4 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. This determination must be in writing. In no circumstance may the repeat notice be given less frequently than once per year.

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 section 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 section 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 section 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 section 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 section 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. section 4.2.3 to this subpart 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 section 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 section 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 Section 3.6 of these regulations;

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

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

4.2.1.1.3.2 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 or begins operating under a variance or exemption. Following the initial notice, the public water system must repeat the notice annually for as long as the violation, variance, exemption, or other situation persists. If the public notice is posted, the notice must remain in place for as long as the violation, variance, exemption, 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 section 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 section 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 section 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 section 4.2.2.4.3, where applicable.

4.2.2.3 The public notice shall:

4.2.2.3.1 Each public notice required by this section:

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

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

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

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

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

4.2.2.3.2.1 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.

4.2.2.3.2.2 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 section 4.2.2.3.2.1, where appropriate to reach a large proportion of non-English speaking persons served by the water system.

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

4.2.2.4.1 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 section 4.2.2.5 to this subpart corresponding to each MCL, MRDL, and treatment technique violation listed in section 4.2.2.6 to this subpart.

4.2.2.4.2 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 section 4.2.3 to this subpart:

“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.”

4.2.2.4.3 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.”

4.2.2.5 Mandatory Health Effects Language:

When providing the information on potential adverse health effects required by section 4.2.2.4.1 in notices of violations of MCLs or treatment technique requirements, or notices of the granting or the continued existence of exemptions or variances, or notices of failure to comply with a variance or exemption schedule, the owner of a PWS must include the following mandatory language specific to each contaminant:

4.2.2.5.1 Microbiological Contaminants:

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.
Total Coliforms: Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially-harmful, bacteria may be Present. Coliforms were found in more samples than allowed and this was a warning of potential problems.
Fecal Coliforms/E. coli: Fecal coliforms and E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly and people with severely compromised immune systems.
Giardia lamblia, Viruses, Heterotrophic plate count (HPC) bacteria, Legionella, and Cryptosporidium: Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches. The language in this paragraph shall be used for any violation of the following rules: the Surface Water Treatment Rule; the Interim Enhanced Surface Water Treatment Rule; The Filter Backwash Recycling Rule; and, the Long Term 1 Enhanced Surface Water Treatment Rule.

4.2.2.5.2 Inorganic Contaminants:

Antimony: Some people who drink water containing antimony well in excess of the MCL over many years could experience increases in blood cholesterol and decreases in blood sugar.
Arsenic: Some people who drink water containing arsenic in excess of the MCL over many years could experience skin damage or problems with their circulatory system, and may have an increased risk of getting cancer.
Asbestos: Some people who drink water containing asbestos in excess of the MCL over many years may have an increased risk of developing benign intestinal polyps.
Barium: Some people who drink water containing barium in excess of the MCL over many years could experience an increase in their blood pressure.
Beryllium: Some people who drink water containing beryllium well in excess of the MCL over many years could develop intestinal lesions.
Cadmium: Some people who drink water containing cadmium in excess of the MCL over many years could experience kidney damage.
Chromium: Some people who use water containing chromium well in excess of the MCL over many years could experience allergic dermatitis.
Copper: Copper is an essential nutrient, but some people who drink water containing copper in excess of the action level over a relatively short amount of time could experience gastrointestinal distress. Some people who drink water containing copper in excess of the action level over many years could suffer liver or kidney damage. People with Wilson's Disease should consult their personal doctor.
Cyanide: Some people who drink water containing cyanide well in excess of the MCL over many years could experience nerve damage or problems with their thyroid.
Lead: Infants and children who drink water containing lead in excess of the action level could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure.
Mercury (inorganic): Some people who drink water containing inorganic mercury well in excess of the MCL over many years could experience kidney damage.
Nickel: Some people who drink water containing nickel well in excess of the MCL over many years could experience heart and liver damage.
Nitrate: Infants below the age of six months who drink water containing nitrate in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue-baby syndrome.
Nitrite: Infants below the age of six months who drink water containing nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue-baby syndrome.
Selenium: Selenium is an essential nutrient. However, some people who drink water containing selenium in excess of the MCL over many years could experience hair or fingernail losses, numbness in fingers or toes, or problems with their circulation.
Thallium: Some people who drink water containing thallium in excess of the MCL over many years could experience hair loss, changes in their blood, or problems with their kidneys, intestines, or liver.

4.2.2.5.3 Synthetic Organic Compounds

Acrylamide: Some people who drink water containing high levels of acrylamide over a long period of time could have problems with their nervous system or blood, and may have an increased risk of getting cancer.
Alachlor: Some people who drink water containing alachlor in excess of the MCL over many years could have problems with their eyes, liver, kidneys, or spleen, or experience anemia, and may have an increased risk of getting cancer.
Atrazine. Some people who drink water containing atrazine well in excess of the MCL over many years could experience problems with their cardiovascular system or reproductive difficulties.
Benzo(a)pyrene (PAH). Some people who drink water containing benzo(a)pyrene in excess of the MCL over many years may experience reproductive difficulties and may have an increased risk of getting cancer.
Carbofuran: Some people who drink water containing carbofuran in excess of the MCL over many years could experience problems with their blood, or nervous or reproductive systems.
Chlordane: Some people who drink water containing chlordane in excess of the MCL over many years could experience problems with their liver or nervous system, and may have an increased risk of getting cancer.
Dalapon: Some people who drink water containing dalapon well in excess of the MCL over many years could experience minor kidney changes.
Dibromochloropropane (DBCP): Some people who drink water containing DBCP in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.
Dichloromethane: Some people who drink water containing dichloromethane in excess of the MCL over many years could have liver problems and may have an increased risk of getting cancer.
Di(2-ethylhexyl)adipate: Some people who drink water containing di (2-ethylhexyl) adipate well in excess of the MCL over many years could experience general toxic effects or reproductive difficulties.
Di(2-ethylhexyl)phthalate: Some people who drink water containing di (2-ethylhexyl) phthalate in excess of the MCL over many years may have problems with their liver, or experience reproductive difficulties, and may have an increased risk of getting cancer.
Dinoseb: Some people who drink water containing dinoseb well in excess of the MCL over many years could experience reproductive difficulties.
Diquat: Some people who drink water containing diquat in excess of the MCL over many years could get cataracts.
2,4-D: Some people who drink water containing the weed killer 2,4-D well in excess of the MCL over many years could experience problems with their kidneys, liver, or adrenal glands.
Endothall: Some people who drink water containing endothall in excess of the MCL over many years could experience problems with their stomach or intestines.
Endrin: Some people who drink water containing endrin in excess of the MCL over many years could experience liver problems.
Epichlorohydrin: Some people who drink water containing high levels of epichlorohydrin over a long period of time could experience stomach problems, and may have an increased risk of getting cancer.
Ethylene dibromide (EDB): Some people who drink water containing ethylene dibromide in excess of the MCL over many years could experience problems with their liver, stomach, reproductive system, or kidneys, and may have an increased risk of getting cancer.
Glyphosate: Some people who drink water containing glyphosate in excess of the MCL over many years could experience problems with their kidneys or reproductive difficulties.
Heptachlor: Some people who drink water containing heptachlor in excess of the MCL over many years could experience liver damage and may have an increased risk of getting cancer.
Heptachlor Epoxide: Some people who drink water containing heptachlor epoxide in excess of the MCL over many years could experience liver damage, and may have an increased risk of getting cancer.
Hexachlorobenzene: Some people who drink water containing hexachlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys, or adverse reproductive effects, and may have an increased risk of getting cancer.
Hexachlorocyclopentadiene: Some people who drink water containing hexachlorocyclopentadiene well in excess of the MCL over many years could experience problems with their kidneys or stomach.
Lindane: Some people who drink water containing lindane in excess of the MCL over many years could experience problems with their kidneys or liver.
Methoxychlor: Some people who drink water containing methoxychlor in excess of the MCL over many years could experience reproductive difficulties.
Oxamyl [Vydate]: Some people who drink water containing oxamyl in excess of the MCL over many years could experience slight nervous system effects.
Pentachlorophenol: Some people who drink water containing pentachlorophenol in excess of the MCL over many years could experience problems with their liver or kidneys, and may have an increased risk of getting cancer.
Picloram: Some people who drink water containing picloram in excess of the MCL over many years could experience problems with their liver.
Polychlorinated Biphenyls [PCBs]: Some people who drink water containing PCBs in excess of the MCL over many years could experience changes in their skin, problems with their thymus gland, immune deficiencies, or reproductive or nervous system difficulties, and may have an increased risk of getting cancer.
Simazine: Some people who drink water containing simazine in excess of the MCL over many years could experience problems with their blood.
Toxaphene: Some people who drink water containing toxaphene in excess of the MCL over many years could have problems with their kidneys, liver, or thyroid, and may have an increased risk of getting cancer.
2,3,7,8-TCDD (Dioxin): Some people who drink water containing dioxin in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.
2,4,5-TP. [Silvex]: Some people who drink water containing silvex in excess of the MCL over many years could experience liver problems.
1,2,4-Trichlorobenzene: Some people who drink water containing 1,2,4-trichlorobenzene well in excess of the MCL over many years could experience changes in their adrenal glands.
1,1,2-Trichloroethane: Some people who drink water containing 1,1,2-trichloroethane well in excess of the MCL over many years could have problems with their liver, kidneys, or immune systems.

4.2.2.5.4 Volatile Organic Compounds:

Benzene: Some people who drink water containing benzene in excess of the MCL over many years could experience anemia or a decrease in blood platelets, and may have an increased risk of getting cancer.
Carbon Tetrachloride: Some people who drink water containing carbon tetrachloride in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.
o-Dichlorobenzene: Some people who drink water containing o-dichlorobenzene well in excess of the MCL over many years could experience problems with their liver, kidneys, or circulatory systems.
Dichlorobenzene:Some people who drink water containing p-dichlorobenzene in excess of the MCL over many years could experience anemia, damage to their liver, kidneys, or spleen, or changes in their blood.
1,2-Dichloroethane: Some people who drink water containing 1,2-dichloroethane in excess of the MCL over many years may have an increased risk of getting cancer.
1,1-Dichloroethylene: Some people who drink water containing 1,1-dichloroethylene in excess of the MCL over many years could experience problems with their liver.
Cis-1,2-Dichloroethylene: Some people who drink water containing cis-1,2-dichloroethylene in excess of the MCL over many years could experience problems with their liver.
Trans-1,2-Dichloroethylene: Some people who drink water containing trans-1,2-dichloroethylene well in excess of the MCL over many years could experience problems with their liver.
1,2-Dichloropropane: Some people who drink water containing 1,2-dichloropropane in excess of the MCL over many years may have an increased risk of getting cancer.
Ethylbenzene: Some people who drink water containing ethylbenzene well in excess of the MCL over many years could experience problems with their liver or kidneys.
Methyl [tert] Butyl Ether (MTBE): Some people who drink water containing MTBE in excess of the MCL over many years may experience problems of the central nervous system, including loss of muscle coordination, tremors, difficulty breathing and drowsiness.
Monochlorobenzene [Chlorobenzene]: Some people who drink water containing chlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys.
Styrene: Some people who drink water containing styrene well in excess of the MCL over many years could have problems with their liver, kidneys, or circulatory system.
Tetrachloroethylene: Some people who drink water containing tetrachloroethylene in excess of the MCL over many years could have problems with their liver, and may have an increased risk of getting cancer.
Toluene: Some people who drink water containing toluene well in excess of the MCL over many years could have problems with their nervous system, kidneys, or liver.
1,1,1-Trichloroethane: Some people who drink water containing 1,1,1-trichloroethane in excess of the MCL over many years could experience problems with their liver, nervous system, or circulatory system.
Trichloroethylene: Some people who drink water containing trichloroethylene in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.
Vinyl Chloride: Some people who drink water containing vinyl chloride in excess of the MCL over many years may have an increased risk of getting cancer.
Xylenes: Some people who drink water containing xylenes in excess of the MCL over many years could experience damage to their nervous system.

4.2.2.5.5 Radiological Compounds

Beta/photon emitters: Certain minerals are radioactive and may emit forms of radiation known as photons and beta radiation. Some people who drink water containing beta and photon emitters in excess of the MCL over many years may have an increased risk of getting cancer.
Alpha emitters: Certain minerals are radioactive and may emit a form of radiation known as alpha radiation. Some people who drink water containing alpha emitters in excess of the MCL over many years may have an increased risk of getting cancer.
Combined Radium 226/228: Some people who drink water containing radium 226 or 228 in excess of the MCL over many years may have an increased risk of getting cancer.

4.2.2.5.6 Disinfection/Disinfection By-products (DBPs), By-product Precursors, Disinfection Residuals

Chlorine: Some people who use water containing chlorine well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chlorine well in excess of the MRDL could experience stomach discomfort.
Chloramines: Some people who use water containing chloramines well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chloramines well in excess of the MRDL could experience stomach discomfort or anemia.
Chlorine dioxide, where any two consecutive daily samples taken at the entrance to the distribution system are above the MRDL: Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia.
Add for public notification only: The chlorine dioxide violations reported today are the result of exceedances at the treatment facility only, not within the distribution system which delivers water to consumers. Continued compliance with chlorine dioxide levels within the distribution system minimizes the potential risk of these violations to consumers.
Chlorine dioxide, where one or more distribution system samples are above the MRDL: Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia.
Add for public notification only: The chlorine dioxide violations reported today include exceedances of the EPA standard within the distribution system which delivers water to consumers. Violations of the chlorine dioxide standard within the distribution system may harm human health based on short-term exposures. Certain groups, including fetuses, infants, and young children, may be especially susceptible to nervous system effects from excessive exposure to chlorine dioxide-treated water.
Control of DBP precursors (TOC): Total organic carbon (TOC) has no health effects. However, total organic carbon provides a medium for the formation of disinfection by-products. These by-products include trihalomethanes (THMs) and haloacetic acids (HAAs). Drinking water containing these by-products 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.
Disinfection by-products and treatment technique for DBPs: The United States Environmental Protection Agency (EPA) sets drinking water standards and requires the disinfection of drinking water. However, when used in the treatment of drinking water, disinfectants react with naturally-occurring organic and inorganic matter present in water to form chemicals called disinfection by-products (DBPs). EPA has determined that a number of DBPs are a health concern at certain levels of exposure. Certain DBPs, including some trihalomethanes (THMs) and some haloacetic acids (HAAs), have been shown to cause cancer in laboratory animals. Other DBPs have been shown to affect the liver and the nervous system, and cause reproductive or developmental effects in laboratory animals. Exposure to certain DBPs may produce similar effects in people. EPA has set standards to limit exposure to THMs, HAAs, and other DBPs.
Bromate: Some people who drink water containing bromate in excess of the MCL over many years may have an increased risk of getting cancer.
Chlorite: Some infants and young children who drink water containing chlorite in excess of the MCL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorite in excess of the MCL. Some people may experience anemia.
Haloacetic Acids (HAA): Some people who drink water containing haloacetic acids in excess of the MCL over many years may have an increased risk of getting cancer.
TTHMs [Total Trihalomethanes]: Some people who drink water containing trihalomethanes in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous systems, and may have an increased risk of getting cancer.

4.2.2.5.7 Public Notification for Fluoride: Notice of violations of the MCL for fluoride, notices of variances and exemptions from the MCL for fluoride, and notices of failure to comply with variance and exemption schedules for the MCL level 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, including the language necessary to fill in the blanks;

“This is an alert about your drinking water and a cosmetic dental problem that might affect children under nine years of age. At low levels, fluoride can help prevent cavities, but children drinking water containing more than 2 milligrams per liter (mg/l) of fluoride may develop cosmetic discoloration of their permanent teeth (dental fluorosis). The drinking water provided by your community water system [name] has a fluoride concentration of [insert value] mg/l.
Dental fluorosis, in its moderate or severe forms, may result in a brown staining and/or pitting of the permanent teeth. This problem occurs only in developing teeth, before they erupt from the gums. Children under nine should be provided with alternative sources of drinking water or water that has been treated to remove the fluoride to avoid the possibility of staining and pitting of their permanent teeth. You may also want to contact your dentist about proper use by young children of fluoride-containing products. Older children and adults may safely drink the water.
Drinking water containing more than 4 mg/L of fluoride (the U.S. Environmental Protection Agency's drinking water standard) can increase your risk of developing bone disease. Your drinking water does not contain more than 4 mg/l of fluoride, but we’re required to notify you when we discover that the fluoride levels in your drinking water exceed 2 mg/l because of this cosmetic dental problem.
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.”
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.
Record Maintenance: Copies of public notices issued pursuant to Section 4.2.3 of this part and certifications made to the Division pursuant to Section 22.43 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 section 4.2.1, 4.2.2 and the following table:

1 Violations and other situations not listed in this table (e.g., reporting violations and failure to prepare

Contaminant

MCL/MRDL/TT violations2

Monitoring & testing procedure violations

Tier of Public Notice Required

Citation

Tier of Public Notice Required

Citation

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

A. Microbiological Contaminants

1. Total coliform

2

5.0

3

5.0

2. Fecal coliform/E. coli

1

5.0

41, 3

5.0

3. Turbidity MCL

2

7.0

3

7.0

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

52, 1

7.1.1.2

3

7.1.2.2

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

62, 1

7.1.2.1

3

7.1.2.2

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

2

10.4

3

10.5.1

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

2

710.7

3

10.11

8. Filter Backwash Recycling Rule violations.

2

10.12

3

10.12

B. Inorganic Chemicals (IOCs)

1. Antimony

2

6.1

3

6.1.2

2. Arsenic

2

6.1

3

6.1.2

3. Asbestos (fibers >10 microns)

2

6.1

3

6.1.2

4. Barium

2

6.1

3

6.1.2

5. Beryllium

2

6.1

3

6.1.2

6. Cadmium

2

6.1

3

6.1.2

7. Chromium (Total)

2

6.1

3

6.1.2

8. Cyanide

2

6.1

3

6.1.2

9. Fluoride

2

6.1

3

6.1.2

10. Mercury

2

6.1

3

6.1.2

11. Nickel

2

6.1

3

6.1.2

12. Nitrate

1

6.1

81, 3

6.1.2

13. Nitrite

1

6.1

81, 3

6.1.2

14. Total Nitrate and Nitrite

1

6.1

3

6.1.2

15. Selenium

2

6.1

3

6.1.2

16. Thallium

2

6.1

3

6.1.2

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

1. Lead and Copper rule (TT)

2

6.7

3

6.7

D. Synthetic Organic Chemicals (SOCs)

1. 2,4 - D

2

6.2.1.1

3

6.2.2

2. 2,4,5 –TP

2

6.2.1.1

3

6.2.2

3. Alachlor

2

6.2.1.1

3

6.2.2

4. Atrazine

2

6.2.1.1

3

6.2.2

5. Benzo(a)pyrene (PAHs)

2

6.2.1.1

3

6.2.2

6. Carbofuran

2

6.2.1.1

3

6.2.2

7. Chlordane

2

6.2.1.1

3

6.2.2

8. Dalapon

2

6.2.1.1

3

6.2.2

9. Di (2-ethylhexyl) adipate

2

6.2.1.1

3

6.2.2

10. Di (2-ethylhexyl) phthalate

2

6.2.1.1

3

6.2.2

11. Dibromochloropropane

2

6.2.1.1

3

6.2.2

12. Dinoseb

2

6.2.1.1

3

6.2.2

13. Dioxin (2,3,7,8 – TCDD)

2

6.2.1.1

3

6.2.2

14. Diquat

2

6.2.1.1

3

6.2.2

15. Endothall

2

6.2.1.1

3

6.2.2

16. Endrin

2

6.2.1.1

3

6.2.2

17. Ethylene Dibromide

2

6.2.1.1

3

6.2.2

18. Glyphosate

2

6.2.1.1

3

6.2.2

19. Heptachlor

2

6.2.1.1

3

6.2.2

20. Heptachlor epoxide

2

6.2.1.1

3

6.2.2

21. Hexachlorobenzene

2

6.2.1.1

3

6.2.2

22. Hexachlorocyclopentadiene

2

6.2.1.1

3

6.2.2

23. Lindane

2

6.2.1.1

3

6.2.2

24. Methoxychlor

2

6.2.1.1

3

6.2.2

25. Oxamyl (Vydate)

2

6.2.1.1

3

6.2.2

26. Pentachlorophenol

2

6.2.1.1

3

6.2.2

27. Picloram

2

6.2.1.1

3

6.2.2

28. Polychlorinated biphenyls (PCBs)

2

6.2.1.1

3

6.2.2

29. Simazine

2

6.2.1.1

3

6.2.2

30. Toxaphene

2

6.2.1.1

3

6.2.2

E. Volatile Organic Chemicals (VOCs)

1. Benzene

2

6.2.1.3

3

6.2.2

2. Carbon tetrachloride

2

6.2.1.3

3

6.2.2

3. Chlorobenzene (monochlorobenzene)

2

6.2.1.3

3

6.2.2

4. O.-Dichlorobenzene

2

6.2.1.3

3

6.2.2

5. p-Dichlorobenzene

2

6.2.1.3

3

6.2.2

6. 1,2-Dichloroethane

2

6.2.1.3

3

6.2.2

7. 1,1-Dichloroethylene

2

6.2.1.3

3

6.2.2

8. cis-1,2,-Dichloroethylene

2

6.2.1.3

3

6.2.2

9. trans-1,2-Dichloroethylene

2

6.2.1.3

3

6.2.2

10. Dichloromethane

2

6.2.1.3

3

6.2.2

11. 1,2-Dichloropropane

2

6.2.1.3

3

6.2.2

12. Ethylbenzene

2

6.2.1.3

3

6.2.2

13. Styrene

2

6.2.1.3

3

6.2.2

14. Tetrachloroethylene

2

6.2.1.3

3

6.2.2

15. Toluene

2

6.2.1.3

3

6.2.2

16. 1,2,4-Trichlorobenzene

2

6.2.1.3

3

6.2.2

17. 1,1,1-Trichloroethane

2

6.2.1.3

3

6.2.2

18. 1,1,2-Trichloroethane

2

6.2.1.3

3

6.2.2

19. Trichloroethylene

2

6.2.1.3

3

6.2.2

20. Vinyl chloride

2

6.2.1.3

3

6.2.2

21. Xylenes (total)

2

6.2.1.3

3

6.2.2

22. Methyl tert Butyl Ether

2

6.2.1.3

3

6.2.2

F. Radioactive Contaminants

1. Beta/photon emitters

2

9.1.1.4

3

9.2

2. Alpha emitters

2

9.1.1.3

3

9.2

3. Combined radium (226 & 228)

2

9.1.1.2

3

9.2

4. Uranium

2

18 9.1.1.5

3

19 9.2

G. Disinfection By-products (DBPs), By-product Precursors, Disinfection Residuals. 9

1. Total trihalomethanes (TTHMs)

2

106.2.1.2

3

6.2.3

2. Haloacetic Acids (HAA5)

2

6.2.1.2

3

6.2.3

3. Bromate

2

6.2.1.2

3

6.2.3

4. Chlorite

2

6.2.1.2

3

6.2.3

5. Chlorine (MRDL)

2

8.3.1

3

8.4

6. Chloramine (MRDL)

2

8.3.1

3

8.4

7. Chlorine dioxide (MRDL), where any 2 consecutive daily samples at entrance to the distribution system only are above MRDL

2

8.3.1

211, 3

8.4

8. Chlorine dioxide (MRDL), where sample(s) in distribution system the next day are also above MRDL

121

8.3.1

1

8.4

9. Control of DBP precursors – TOC (TT)

2

8.7

3

8.7.1.1

10. Bench marking and disinfection profiling

N/A

N/A

3

10.8

11. Development of monitoring plan

N/A

N/A

3

10.8

H. Other Treatment Techniques

1. Acrylamide

2

6.3.3

N/A

N/A

2. Epichlorohydrin

2

6.3.3

N/A

N/A

II. Unregulated Contaminant Monitoring13

A. Unregulated contaminants

N/A

N/A

3

CFR 141.40

III. Other Situations Requiring Public Notice

A. Exceedance of nitrate MCL for non-community systems, as allowed by Division

1

6.1.2.11

N/A

N/A

B. Availability of unregulated contaminant monitoring data

3

CFR 141.40

N/A

N/A

C. Waterborne disease outbreak

1

1.0

N/A

N/A

D. Other waterborne emergency16

1

N/A

N/A

N/A

E. Other situations as determined by the Division

171,2,3

N/A

N/A

N/A

 
1 Violations and other situations not listed in this table (e.g., reporting violations and failure to prepare Consumer Confidence Reports) do not require notice, unless otherwise determined by the Division. The Division may, at their option, also require a more stringent public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead of tier 3) for specific violations and situations listed in this Table, as authorized under Section 4.2.1.1.5.
2 MCL – Maximum Contaminant Level, MRDL – Maximum Residual Disinfectant Level, TT – Treatment Technique
3 The term Violations of National Primary Drinking Water Regulations (NPDWR) is used here to include violations of MCL, MRDL, treatment technique, monitoring, and testing procedure requirements.
4 Failure to test for fecal coliform or E. coli is a Tier 1 violation if testing is not done after any repeat sample tests positive for coliform. All other total coliform monitoring and testing procedure violations are Tier 3
5 Systems that violate the turbidity MCL of 5 NTU based on an average of measurements over two consecutive days must consult with the Division within 24 hours after learning of the violation. Based on this consultation, the Division may subsequently decide to elevate the violation to Tier 1. If a system is unable to make contact with the Division in the 24-hour period, the violation is automatically elevated to Tier 1.
6 Systems with treatment technique violations involving a single exceedance of a maximum turbidity limit under the Surface Water Treatment Rule (SWTR) or the Interim Enhanced Surface Water Treatment Rule (IESWTR) or the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR) are required to consult with the Division within 24 hours after learning of the violation. Based on this consultation, the Division may subsequently decide to elevate the violation to Tier 1. If a system is unable to make contact with the Division in the 24-hour period, the violation is automatically elevated to Tier 1.
7 Most of the requirements of the IESWTR Sections 10.7, 10.9 through 10.11 become effective January 1, 2002 for Subpart H systems (surface water systems and groundwater under the direct influence of surface water) serving at least 10,000 persons. However, Section 10.8 has some requirements that become effective as early as April 16, 1999. The SWTR remains in effect for systems serving at least 10,000 persons even after 2002; the IESWTR adds additional requirements and does not in many cases supersede the SWTR.
8 Failure to take a confirmation sample within 24 hours for nitrate or nitrite after an initial sample exceeds the MCL is a Tier 1 violation. Other monitoring violations for nitrate are Tier 3.
9 Subpart H community and non-transient non-community systems serving > 10,000 must comply with new DBP MCLs, disinfectant MRDLs, and related monitoring requirements beginning January 1, 2002. All other community and non-transient non-community systems must meet the MCLs and MRDLs beginning January 1, 2004. Subpart H transient non-community systems serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2002. Subpart H transient non-community systems serving fewer than 10,000 persons and using only groundwater not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2004.
10 CFR 141.12 will no longer apply after January 1, 2004.
11 Failure to monitor for chlorine dioxide at the entrance to the distribution system the day after exceeding the MRDL at the entrance to the distribution system is a Tier 2 violation.
12 If any daily sample taken at the entrance to the distribution system exceeds the MRDL for chlorine dioxide and one or more samples taken in the distribution system the next day exceed the MRDL, Tier 1 notification is required. Failure to take the required samples in the distribution system after the MRDL is exceeded at the entry point also triggers Tier 1 notification.
13 Some water systems must monitor for certain unregulated contaminants listed in CFR 141.40
14 This citation refers to §§ 1415 and 1416 of the Safe Drinking Water Act. §§1415 and 1416 require that “a schedule prescribed… for a public water system granted a variance [or exemption] shall require compliance by the system…”
15 In addition to §§1415 and 1416 of the Safe Drinking Water Act, 40 CFR 142.307 specifies the items and schedule milestones that must be included in a variance for small systems.
16 Other waterborne emergencies require a Tier 1 public notice under Section 4.2.1.1.1.1.8 for situations that do not meet the definition of a waterborne disease outbreak given in 40 CFR 141.2 but that still have the potential to have serious adverse effects on health as a result of short-term exposure. These could include outbreaks not related to treatment deficiencies, as well as situations that have the potential to cause outbreaks, such as failures or significant interruption in water treatment processes, natural disasters that disrupt the water supply or distribution system, chemical spills, or unexpected loading of possible pathogens into the source water.
17 Primacy agencies may place other situations in any tier they believe appropriate, based on threat to public health.
18 The uranium MCL Tier 2 violation citations are effective December 8, 2003 for all community water systems.
19 The uranium Tier 3 violation citations are effective December 8, 2000 for all community water systems.

4.2.3.2 Notification to New Billing Units:

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.
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.

All community and non-community water suppliers shall submit to the Division, within ten (10) days of the completion of issuance of public notification, a representative copy of each type of notice distributed, published, posted and/or made available to the person served by the system and/or to the media.

4.2.4 Public Notification Requirements Pertaining to Lead

4.2.4.1 Applicability of Public Notification Requirements

4.2.4.1.1 Except as provided in section 4.2.4.1.2., by June 19, 1988, the owner of each CWS and each NTNCWS shall issue notice to persons served by the system that may be affected by lead contamination of their drinking water. The Division may require subsequent notices. The owner shall provide notice under this Section even if there is no violation of the national primary drinking water regulation for lead.

4.2.4.1.2 Notice under section 4.2.2.1.1 is not required if the system demonstrates to the Division that the water system, including the residential and non-residential portions connected to the water system, are 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, and when used with respect to pipes and pipe fittings, refers to pipes and pipe fittings containing not more than 8.0 percent lead.

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 section 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 section 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:

if your home or water system has lead pipes, or
if your home has copper pipes with lead solder, and
if the home is less than five (5) years old
if you have soft or acidic water, or
if water sits in the pipes for several hours.

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 Sections 6.1.1 and 8.3, the water supplier shall notify persons served by the system as provided in Section 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 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 Section 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 Section 4.2.1.1, the Division shall prepare a notice in accordance with Section 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 until 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 Section 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 Sections 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.

4.3 Consumer Confidence Reports:

4.3.1 Purpose and applicability:

4.3.1.1 This subpart 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.

4.3.1.1.1 This subpart applies only to community water systems.

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

4.3.1.1.3 For purposes of this subpart, detected means: at or above the levels prescribed by CFR 141.23(a)(4) for inorganic contaminants, at or above the levels prescribed by CFR 141.24(f)(7) for the contaminants listed in section 22.611(C), at or above the level prescribed by CFR 141.24(h)(18) for the contaminants listed in section 22.611(A), and at or above the levels prescribed by CFR 141.25(c) for radioactive contaminants.

4.3.2 Effective dates:

4.3.2.1 The regulations in this subpart shall take effect on September 18, 1998.

4.3.2.1.1 Each existing community water system must deliver its first report by October 19, 1999, its second report by July 1, 2000, and subsequent reports by July 1 annually thereafter. The first report must contain data collected during, or prior to, calendar year 1998 as prescribed in section 4.3.4. Each report thereafter must contain data collected during, or prior to, the previous calendar year.

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

4.3.2.1.3 A community water system that sells water to another community water system must deliver the applicable information required in Section 4.3.3 to the buyer system:

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

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

4.3.3 Content of the reports: Each community water system must provide to its customers an annual report that contains the information specified in this section and Section 4.3.4.

4.3.3.1 Each community water system must provide to its customers an annual report that contains the information specified in this section and section 4.3.4.

4.3.3.2 Information on the source of the water delivered:

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

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

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

4.3.3.2.2 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.

4.3.3.3 Definitions.

4.3.3.3.1 Each report must include the following definitions:

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

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

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

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

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

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

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

4.3.3.4 Information on Detected Contaminants.

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

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

4.3.3.4.1.2 Contaminants for which monitoring is required by CFR 141.40 (unregulated contaminants); and

4.3.3.4.2 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.

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

4.3.3.4.3.1 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.

4.3.3.4.3.2 Results of monitoring in compliance with 40 CFR 14.40 (Unregulated Contaminant Monitoring Rule) need only be included for 5 years from the date of last sample or until any of the detected contaminants becomes regulated and subject to routine monitoring requirements, whichever comes first.

4.3.3.4.4 For detected regulated contaminants (listed in section 4.3.6), the table(s) must contain:

4.3.3.4.4.1 The MCL for that contaminant expressed as a number equal to or greater than 1.0 (as provided in 22.426 to this subpart);

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

4.3.3.4.4.3 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 section 4.3.3.3.3;

4.3.3.4.4.4 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:

4.3.3.4.4.4.1 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.

4.3.3.4.4.4.2 When compliance with the MCL is determined by calculating a running annual average of all samples taken at a sampling point: the highest average of any of the sampling points and the range of all sampling points expressed in the same units as the MCL.

4.3.3.4.4.4.3 When compliance with the MCL is determined on a system-wide basis by calculating a running annual average of all samples at all sampling points: the average and range of detection expressed in the same units as the MCL.

Note to paragraph 4.3.3.4.4.4): 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 section 4.3.6;

4.3.3.4.4.5 For turbidity.

4.3.3.4.4.5.1 When it is reported pursuant to section 7.1.1: The highest average monthly value.

4.3.3.4.4.5.2 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.

4.3.3.4.4.5.3 When it is reported pursuant to 40 CFR 141.73 or 141.173 or 141.551: The highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits specified in 40 CFR 141.73 or 141.173 for the filtration technology being used. The report should include an explanation of the reasons for measuring turbidity;

4.3.3.4.4.6 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;

4.3.3.4.4.7 For total coliform:

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

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

4.3.3.4.4.8 For fecal coliform: The total number of positive samples; and

4.3.3.4.4.9 The likely source(s) of detected contaminants to the best of the operator's knowledge. Specific information regarding contaminants may be available in sanitary surveys and source water assessments, and should be used when available to the operator. If the operator lacks specific information on the likely source, the report must include one or more of the typical sources for that contaminant listed in 4.3.7 to this subpart which are most applicable to the system.

4.3.3.4.4.10 Community water systems that detect TTHM above 0.080 mg/L in section 6.2.1.2 as an annual average, monitored and calculated in accordance with section 6.2.1.3 must include health effects language for TTHMs prescribed in section 4.2.2.5.6.

4.3.3.4.5 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.

4.3.3.4.6 The table(s) must clearly identify any data indicating violations of MCLs 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 4.2.2.5.

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

4.3.3.5 Information on Cryptosporidium, radon, and other contaminants:

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

4.3.3.5.1.1 A summary of the results of the monitoring; and

4.3.3.5.1.2 An explanation of the significance of the results.

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

4.3.3.5.2.1 The results of the monitoring; and

4.3.3.5.2.2 An explanation of the significance of the results.

4.3.3.5.3 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:

4.3.3.5.3.1 The results of the monitoring; and

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

4.3.3.6 Compliance with NPDWR. In addition to the requirements of section 4.3.3.6.7, 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.

4.3.3.6.1 Monitoring and reporting of compliance data;

4.3.3.6.2 Filtration and disinfection prescribed by 4.3.3.8 of this part. 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.

4.3.3.6.3 Lead and copper control requirements prescribed by subpart I of this part. For systems which fail to take one or more actions prescribed by Secs. 22.607(A)(2), 22.607(B), 22.607(C), 22.607(D), 22.607(E), the report must include the applicable language of 4.2.2.5 for lead, copper, or both.

4.3.3.6.4 Treatment techniques for Acrylamide and Epichlorohydrin prescribed by section 6.3.3. For systems which violate the requirements of section 6.3.3, the report must include the relevant language from 4.2.2.5.

4.3.3.6.5 Recordkeeping of compliance data.

4.3.3.6.6 Special monitoring requirements prescribed by Secs. 22.602 and 22.604; and

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

4.3.3.6.8 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.

4.3.3.8 Additional information:

4.3.3.8.1 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 paragraphs (H)(1) (a) through (c) or systems may use their own comparable language. The report also must include the language of section 4.3.3.8.1.4.

4.3.3.8.1.1 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.

4.3.3.8.1.2 Contaminants that may be present in source water include:

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

4.3.3.8.1.2.2 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.

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

4.3.3.8.1.2.4 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.

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

4.3.3.8.1.3 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.

4.3.3.8.1.4 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).

4.3.3.8.2 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.

4.3.3.8.3 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.

4.3.3.8.4 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.

4.3.3.8.5 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.

4.3.4 Required additional health information:

4.3.4.1 All reports must prominently display the following language:

4.3.4.1.1 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).

4.3.4.1.2 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:

4.3.4.1.2.1 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.

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

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

4.3.4.2.1 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.

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

4.3.4.3 Systems which detect lead above the action level in more than 5%, and up to and including 10%, of homes sampled:

4.3.4.3.1 Must include a short informational statement about the special impact of lead on children using language such as: Infants and young children are typically more vulnerable to lead in drinking water than the general population. It is possible that lead levels at your home may be higher than at other homes in the community as a result of materials used in your home's plumbing. If you are concerned about elevated lead levels in your home's water, you may wish to have your water tested and flush your tap for 30 seconds to 2 minutes before using tap water. Additional information is available from the Safe Drinking Water Hotline (800-426-4791).

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

4.3.5 Report delivery and recordkeeping:

4.3.5.1 Except as provided in 4.3.5.7,

4.3.5.1.1 Each community water system must mail or otherwise directly deliver one copy of the report to each customer.

4.3.5.2 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.

4.3.5.3 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.

4.3.5.4 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.

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

4.3.5.6 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.

4.3.5.7 Community water systems serving fewer than 10,000 persons may forego the requirements under paragraph 4.3.5.1.1 of this section if they comply with the following:

4.3.5.7.1 Such systems must:

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

4.3.5.7.1.2 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 State; and

4.3.5.7.1.3 Make the reports available to the public upon request.

4.3.5.7.2 Systems serving 500 or fewer persons may forego the requirements of sections 4.3.5.7.1.1 and 4.3.5.7.1.2 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.

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

4.3.6 Converting MCL Compliance Values for Consumer Confidence Reports

Key

AL=Action Level

MCL=Maximum Contaminant Level

MCLG=Maximum Contaminant Level Goal

MFL=million fibers per liter

mrem/year=millirems per year (a measure of radiation absorbed by the body)

MRDL=Maximum Residual Disinfection Level

MRDLG=Maximum Residual Disinfection Level Goal

NTU=Nephelometric Turbidity Units

pCi/l=picocuries per liter (a measure of radioactivity)

ppm=parts per million, or milligrams per liter (mg/l)

ppb=parts per billion, or micrograms per liter (<greek-m>g/l)

ppt=parts per trillion, or nanograms per liter

ppq=parts per quadrillion, or picograms per liter

TT=Treatment Technique

4.3.7 Regulated contaminants and sources in drinking water: Sources of contamination for regulated compounds.

Contaminant

Major sources in drinking water

Microbiological Contaminants

1. Total Coliform Bacteria

Naturally present in the environment

2. Fecal coliform and E. coli

Human and animal fecal waste.

3. Turbidity

Soil runoff

Radioactive Contaminants

4. Beta/photon emitters

Decay of natural and man-made deposits.

5. Alpha emitters

Erosion of natural deposits.

6. Combined radium

Erosion of natural deposits. Inorganic Contaminants

7. Antimony

Discharge from petroleum refineries; fire retardants; ceramics; electronics; solder.

8. Arsenic

Erosion of natural deposits; Runoff from orchards; Runoff from glass and electronics production wastes.

9. Asbestos

Decay of asbestos cement water mains; Erosion of natural deposits.

10. Barium

Discharge of drilling wastes; Discharge from metal refineries; Erosion of natural deposits.

11. Beryllium

Discharge from metal refineries and coal-burning factories; Discharge from electrical, aerospace, and defense industries.

12. Cadmium

Corrosion of galvanized pipes; Erosion of natural deposits; Discharge from metal refineries; runoff from waste batteries and paints.

13. Chromium

Discharge from steel and pulp mills; Erosion of natural deposits

14. Copper

Corrosion of household plumbing systems; Erosion of natural deposits; Leaching from wood preservatives.

15. Cyanide

Discharge from steel/metal factories; Discharge from plastic and fertilizer factories.

16. Fluoride

Erosion of natural deposits; Water additive which promotes strong teeth; Discharge from fertilizer and aluminum factories.

17. Lead

Corrosion of household plumbing systems; Erosion of natural deposits.

18. Mercury [inorganic]

Erosion of natural deposits; Discharge from refineries and factories; Runoff from landfills; Runoff from cropland.

19. Nitrate [as Nitrogen]

Runoff from fertilizer use; Leaching from septic tanks, sewage; Erosion of natural deposits.

20. Nitrite [as Nitrogen]

Runoff from fertilizer use; Leaching from septic tanks, sewage; Erosion of natural deposits.

20a. Nitrate/nitrite (as Nitrogen)

Runoff from fertilizer use; Leaching from septic tanks, sewage; Erosion of natural deposits.

21. Selenium

Discharge from petroleum and metal refineries; Erosion of natural deposits; Discharge from mines

22. Thallium

Leaching from ore-processing sites; Discharge from electronics, glass, and drug factories.

______________________________________________________________________________________

Synthetic Organic Contaminants including Pesticides and Herbicides

23. 2,4-

Runoff from herbicide used on row crops.

24. 2,4,5-TP [Silvex]

Residue of banned herbicide.

25. Acrylamide

Added to water during sewage/ wastewater treatment.

26. Alachlor

Runoff from herbicide used on row crops.

27. Atrazine

Runoff from herbicide used on row crops.

28. Benzo(a)pyrene [PAH]

Leaching from linings of water storage tanks and distribution lines.

29. Carbofuran

Leaching of soil fumigant used on rice and alfalfa.

30. Chlordane

Residue of banned termiticide.

31. Dalapon

Runoff from herbicide used on rights of way.

32. Di(2-ethylhexyl) adipate

Discharge from chemical factories.

33. Di(2-ethylhexyl) phthalate

Discharge from rubber and chemical factories.

34. Dibromochloropropane

Runoff/leaching from soil fumigant used on soybeans, cotton, pineapples, and orchards.

35. Dinoseb

Runoff from herbicide used on soybeans and vegetables.

36. Diquat

Runoff from herbicide use.

37. Dioxin [2,3,7,8-TCDD]

Emissions from waste incineration and other combustion; Discharge from chemical factories.

38. Endothall

Runoff from herbicide use

39. Endrin

Residue of banned insecticide.

40. Epichlorohydrin

Discharge from industrial chemical factories; An impurity of some water treatment chemicals.

41. Ethylene dibromide

Discharge from petroleum refineries.

42. Glyphosate

Runoff from herbicide use.

43. Heptachlor

Residue of banned termiticide.

44. Heptachlor epoxide

Breakdown of heptachlor.

45. Hexachlorobenzene

Discharge from metal refineries and agricultural chemical factories.

46. Hexachlorocyclopentadiene

Discharge from chemical factories.

47. Lindane

Runoff/leaching from insecticide used on cattle, lumber, gardens.

48. Methoxychlor

Runoff/leaching from insecticide used on fruits, vegetables, alfalfa, livestock.

49. Oxamyl [Vydate]

Runoff/leaching from insecticide used on apples, potatoes and tomatoes.

50. PCBs [Polychlorinated biphenyls]

Runoff from landfills; Discharge of waste chemicals.

51. Pentachlorophenol

Discharge from wood preserving factories.

52. Picloram

Herbicide runoff.

53. Simazine

Herbicide runoff.

54. Toxaphene

Runoff/leaching from insecticide used on cotton and cattle.

55. Aldicarb

Runoff from pesticide use on potatoes or peanuts.

56. Aldicarb sulfone

Breakdown of aldicarb. Runoff from pesticide use on potatoes or peanuts.

57. Aldicarb sulfoxide

Breakdown of aldicarb.

Volatile Organic Contaminants

55. Benzene

Discharge from factories; Leaching from gas storage tanks and landfills.

56. Bromate

Byproduct of drinking water chlorination.

57. Carbon tetrachloride

Discharge from chemical plants and other industrial activities.

58. Chloramines

Water additive used to control microbes.

59. Chlorine

Water additive used to control microbes.

60. Chlorite

Byproduct of drinking water chlorination.

61. Chlorine dioxide

Water additive used to control microbes.

62. Chlorobenzene

Discharge from chemical and agricultural chemical factories.

63. o-Dichlorobenzene

Discharge from industrial chemical factories.

64. p-Dichlorobenzene

Discharge from industrial chemical factories.

65. 1,2-Dichloroethane

Discharge from industrial chemical factories.

66. 1,1-Dichloroethylene

Discharge from industrial chemical factories.

67. cis-1,2-Dichloroethylene

Discharge from industrial chemical factories.

68. trans-1,2-Dichloroethylene

Discharge from industrial chemical factories.

69. Dichloromethane

Discharge from pharmaceutical and chemical factories.

70. 1,2-Dichloropropane

Discharge from industrial chemical factories.

71. Ethylbenzene

Discharge from petroleum refineries.

72. Haloacetic acids

Byproduct of drinking water disinfection.

73. Methyl tert Butyl Ether (MTBE)

Discharge from petroleum refineries; Leaching from gas storage tanks.

74. Styrene

Discharge from rubber and plastic factories; Leaching from landfills.

75. Tetrachloroethylene

Discharge from factories and dry cleaners.

76. 1,2,4-Trichlorobenzene

Discharge from textile- finishing factories.

77. 1,1,1-Trichloroethane

Discharge from metal degreasing sites and other factories.

78. 1,1,2-Trichloroethane

Discharge from industrial chemical factories.

79. Trichloroethylene

Discharge from metal degreasing sites and other factories.

80. TTHMs [Total trihalomethanes]

By-product of drinking water chlorination.

81. Toluene

Discharge from petroleum factories.

82. Vinyl Chloride

Leaching from PVC piping; Discharge from plastics factories.

83. Xylenes

Discharge from petroleum factories; Discharge from chemical factories.

84. Control of DBP Precursors (TOC)

Naturally present in the environment.

4.4 Record Maintenance:

4.4.1 Retaining Records:

4.4.1.1 Effective upon the adoption of these Regulations, any owner 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:

4.4.1.1.1 Bacteriological analyses of records for not less than the previous five (5) years.

4.4.1.1.2 Chemical analyses records for not less than the previous ten (10) years.

4.4.1.1.3 Actual laboratory reports may be kept, or data may be transferred to tabular summaries, provided that the following information is included:

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

4.4.1.1.3.2 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;

4.4.1.1.3.3 Date of analysis;

4.4.1.1.3.4 Laboratory and person responsible for performing analysis;

4.4.1.1.3.5 The analytical technique/method used and;

4.4.1.1.3.6 The results of the analysis.

4.4.1.1.4 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.

4.4.1.1.5 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.

4.4.1.1.6 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.

4.4.2 Records Kept by Division:

4.4.2.1 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.

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

4.4.2.1.1.1 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.

4.4.2.1.1.2 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.

4.4.2.1.1.3 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.

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

4.4.2.1.2.1 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.

4.4.2.1.2.2 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.

4.4.2.1.2.3 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.

4.4.2.1.2.4 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.

4.4.2.1.2.5 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.

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

4.4.2.1.2.7 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.

9 DE Reg. 999 (12/01/05)
5.0 Micro-Biological Requirements

5.1 Sampling:

5.1.1 Sampling Sites:

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

5.1.2 CWS Sampling Frequency:

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

Population Served Number of Samples Per Month

25-1,000

1

1,001-2,500

2

2,501-3,300

3

3,301-4,100

4

4,101-4,900

5

4,901-5,800

6

5,801-6,700

7

6,701-7,600

8

7,601-8,500

9

8,501-12,900

10

12,901-17,200

15

17,201-21,500

20

21,501-25,000

25

25,001-33,000

30

33,001-41,000

40

41,001-50,000

50

50,001-59,000

60

59,001-70,000

70

70,001-83,000

80

83,001-96,000

90

96,001-130,000

100

130,001-220,000

120

5.1.3 Reduced Monitoring Frequency for CWSs:

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

5.1.4 NCWS Sampling Frequency:

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

5.1.4.1.1 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.

5.1.4.1.2 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 Section 5.1.2, 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, Section 5.1.4.1.4 applies.

5.1.4.1.3 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 Section 5.1.2, regardless of the number of persons it serves.

5.1.4.1.4 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 Section 5.1.2. 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.

5.1.5 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 Section 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 Section 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.

5.1.6 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.

5.1.7 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 Section 5.2.3 are not considered special purpose samples, and must be used to determine compliance with the MCL for total coliforms.

5.2 Microbiological MCLs

5.2.1 Total Coliforms, Fecal Coliforms and E. coli:

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

5.2.1.1.1 When any approved analytical methodology from Section 5.3 is used, 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:

5.2.1.1.1.1 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.

5.2.1.1.1.2 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.

5.2.1.1.2 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 Section 4.2, this is a violation that may pose an acute risk to health.

5.2.1.1.3 A PWS must determine compliance with the MCL for total coliforms in accordance with the above for each month/quarter in which it is required to monitor for total coliforms.

5.2.1.1.4 The Division hereby identifies the following as the BAT, treatment techniques, or other means available for achieving compliance with the MCL for total coliforms above:

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

5.2.1.1.4.2 Maintenance of a disinfectant residual throughout the distribution system;

5.2.1.1.4.3 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, and continual maintenance of positive water pressure in all parts of the distribution system;

5.2.1.1.4.4 Filtration and/or disinfection of surface water, or disinfection of ground water using strong oxidants such as chlorine, chlorine dioxide, or ozone.

5.2.1.1.4.5 The development of an EPA-approved State Wellhead Protection Program under Section 1428 of the Safe Drinking Water Act (SDWA).

5.2.2 Invalidation of Total Coliform-Positive Samples:

5.2.2.1 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:

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

5.2.2.1.2 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 too 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.

5.2.2.1.3 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

5.2.2.1.4 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:

5.2.2.1.4.1 The basis for this determination is documented in writing.

5.2.2.1.4.2 This document is signed and approved by the Division.

5.2.2.1.4.3 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.

The system must still collect all repeat samples required under Section 5.2.3 to determine compliance with the MCL for total coliforms in Section 5.2.1.

5.2.3 Repeat Monitoring:

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

5.2.3.1.1 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.

5.2.3.1.2 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.

5.2.3.1.3 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].

5.2.3.1.4 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 sections 5.2.1, 5.2.2, and 5.2.3. 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 section 5.2.1. 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 Section 5.2.1 has been exceeded and notifies the Division.

5.2.3.1.5 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 Section 5.2.2, 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 paragraphs 5.2.3.1.5.1 and 5.2.3.1.5.2 are met. The Division cannot waive the requirement for a system to collect repeat samples in sections 5.2.3.1.1, 5.2.3.1.2, 5.2.3.1.3, and 5.2.3.1.4.

5.2.3.1.5.1 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.

5.2.3.1.5.2 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 Section 5.2.1, unless the Division has determined that the system has corrected the contamination problem before the system took the set of repeat samples required in sections 5.2.3.1.1, 5.2.3.1.2, 5.2.3.1.3, and 5.2.3.1.4, and all repeat samples were total coliform negative.

5.2.3.1.6 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.

5.2.3.1.7 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 Section 5.2.1.

5.2.4 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.

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

5.2.5.1 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:

5.2.5.1.1 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.

1.0 General Provisions

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

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

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

[Missing section numbers are reserved]

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

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

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

1.9 Enforcement of Regulations:

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

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

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

1.9.1.2.1 The immediate cessation or correction of the violation.

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

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

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

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

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

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

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

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

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

1.11 Plans and Specifications:

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

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

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

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

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

1.11.2 Effective October 1, 1999, all new community and non-transient non-community systems must comply with section 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 2.12.1, 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 1.1. This information may include, but not be limited to; annual reports, water system plans or business plans, self assessments/peer reviews, criteria used by lenders, financial viability assessment methods, financial and managerial training.

1.12.2.3 Failure to comply with 2.12.2.1 and 2.12.2.2 shall result in the Division denying the application for a Certificate of Approval to Operate. A new water system shall not commence operations without a Certificate of Approval to Operate.

1.13 Siting Requirements:

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

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

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

1.14 Approved Laboratory:

1.14.1 For the purpose of determining compliance with subsections 1.12.1.15, 5.0, 6.0, 7.0, 8.0 and 9.0, samples may be considered only if they have been analyzed by the Division, EPA, or an approved laboratory, except that measurements for alkalinity, calcium, conductivity, disinfectant residual, orthophosphate, silica, turbidity, free chlorine residual, temperature and pH may be performed by any person acceptable to the Division.

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

1.14.3 Annual laboratory proficiency testing:

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

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

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

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

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

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

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

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

1.15 Quality:

1.15.1 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:

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

1.18 Date of Effect:

1.18.1 These regulations shall become effective on December 10, 2005.

2.0 Definitions

The following definitions shall apply to these regulations:

"Action Level" means the concentration of lead or copper in water specified in subsections 6.1.7.1.1.1 and 6.1.7.1.1.2 which determines, in some cases, the treatment requirements contained in subsection 6.1.7 that a water system is required to complete.

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

"Approved" means approved by the Division.

Bag Filters means pressure-driven separation devices that remove particulate matter larger than 1 (one) micrometer using an engineered porous filtration media. They are typically constructed of a non-rigid, fabric filtration media housed in a pressure vessel in which the direction of flow is from the inside of the bag to the outside.

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

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

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

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

Technical Capacity refers to the physical infrastructure of the water system, including but not limited to, the adequacy of the source water, infrastructure (source, treatment, storage, and distribution), and the ability of system personnel to implement the requisite technical knowledge.
Managerial Capacity refers to the management structure of the water system, including but not limited to ownership accountability, staffing and organization, and effective linkages.
Financial Capacity refers to the financial resources of the water system, including but not limited to revenue sufficiency and fiscal controls.

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

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

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

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

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

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

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

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

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

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

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

"Corrosion Inhibitor" means a substance capable of reducing the corrosivity of water toward metal plumbing materials, especially lead and copper, by forming a protective film on the interior surface of those materials.

"CT or CTcalc" means the product of the residual disinfectant concentration (C) in milligrams per liter (mg/L) determined before or at the first customer, and the corresponding disinfectant contact time (T) in minutes, i.e. "C" X "T". If a public water system applies disinfectants at more than one (1) point prior to the first customer, it must determine the CT of each disinfectant sequence before or at the first customer to determine the total percent inactivation or total inactivation ratio. In determining the total inactivation ratio, the public water system must determine the residual disinfectant concentration of each disinfection sequence and corresponding contact time before any subsequent disinfection application point(s). CT99.9 is the CT value required for 99.9 percent (3-log) inactivation of Giardia lamblia cysts. The inactivation ratio is the CTcalc divided by the CT99.9 and the total inactivation ratio is the sum of the inactivation ratios for each disinfection sequence. A total inactivation ratio equal to or greater than 1.0 is assumed to provide a 3-log inactivation of Giardia lamblia cysts.

"Diatomaceous Earth Filtration" means a process resulting in substantial particulate removal in which a precoat cake of diatomaceous earth filter media is deposited on a support membrane (septum), and while the water is filtered by passing through the cake on the septum, additional filter media known as body feed is continuously added to the feed water to maintain the permeability of the filter cake.

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

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

"Disinfectant" means any oxidant, including but not limited to chlorine, chlorine dioxide, chloramines, and ozone added to water in any part of the treatment or distribution process, that is intended to kill or inactivate pathogens (disease causing organisms).

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

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

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

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

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

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

Dual Sample Set means a set of two samples collected at the same time and same location, with one sample analyzed for TTHM and the other analyzed for HAA5. Dual sample sets are collected for the purposes of conducting an Initial Distribution System Evaluation (IDSE) under subsection 8.8 and determining compliance with the TTHM and HAA5 MCLs under subsection 8.8.

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

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

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

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

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

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

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

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

"First Draw Sample" means a one (1) liter sample of tap water, collected in accordance with subsection 6.1.7.7.2.2, that has been standing in plumbing pipes at least six (6) hours and is collected without flushing the tap.

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

Flowing Streammeans a course of running water flowing in a definite channel.

GAC10 means granular activated carbon filter beds with an empty-bed contact time of 10 minutes based on average daily flow and a carbon reactivation frequency of every 180 days, except that the reactivation frequency for GAC10 used as a best available technology for compliance with section 4.3 MCLs under subsection 4.3.6 shall be 120 days.

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

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

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

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

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

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

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

"Initial Compliance Period" means the first full three-year compliance period which begins at least 18 months after promulgation, except for the following contaminants: Dichloromethane; 1,2,4-Trichlorobenzene; 1,1,2-Trichloroethane; Benzo[a]pyrene; Dalapon; Di(2-ethylhexyl adipate; Di(2-ethylhexyl) phthalate; Dinoseb; Diquat; Endothall; Endrin; Glyphosate; Hexachlorobenzene; Hexachlorocyclopentadiene; Oxamyl (Vydate); Picloram; Simazine; 2,3,7,8-TCDD (Dioxin); Antimony; Beryllium; Cyanide; Nickel; and Thallium, initial compliance period means the first full three-year compliance period after promulgation for systems with 150 or more service connections (January 1993 -December 1995) and first full three-year compliance period after the effective date of regulation (January 1996 - December 1998) for systems having fewer than 150 service connections.

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

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

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

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

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

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

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

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

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

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

Membrane Filtration means a pressure or vacuum driven separation process in which particulate matter larger than 1 (one) micrometer is rejected by an engineered barrier, primarily through a size-exclusion mechanism, and which has a measurable removal efficiency of a target organism that can be verified through the application of a direct integrity test. This definition includes the common membrane technologies of microfiltration, ultrafiltration, nanofiltration, and reverse osmosis.

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

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

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

"Optimal Corrosion Control Treatment" means the corrosion control treatment that minimizes the lead and copper concentrations at users' taps while insuring that the treatment does not cause the water system to violate any national primary drinking water regulations.

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

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

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

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

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

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

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

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

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

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

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

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

"Community Water System (CWS)" means a public water system which serves at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents;
"Miscellaneous Public Water System (MPWS)" means a public water system that is neither community, transient non-community nor non-transient non-community.
"Non-Transient Non-Community Water System (NTNCWS)" means a public water system that is not a community water system and that regularly serves at least twenty-five (25) of the same persons over six (6) months per year;
"Transient Non-Community Water System (TNCWS)" means a public water system which has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year;

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

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

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

"Residual Disinfectant Concentration (C)" means the concentration of disinfectant measured in mg/L in a representative sample of water. [For purposes of calculations dD]isinfectant levels of <0.04 mg/L shall be considered non-detectable.

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

Class 1 - on-site review.
Class 2 - telephone review.

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

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

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

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

"Service Line Sample" means a one (1) liter sample of water collected in accordance with subsection 6.1.7.7.2.3 that has been standing for at least six (6) hours in a service line.

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

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

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

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

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

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 cm-1) by its concentration of dissolved organic carbon (DOC) (in mg/L).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.0 Source and Protection

3.1 Water Source Desirability:

3.1.1 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 5.0 and is not already disinfecting pursuant to subsection 8.2, 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 30 days after being notified by the Division. If the corrections will take longer than 30 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 five years, except that non-community water systems using only protected and disinfected ground water, as defined by the Division, must undergo subsequent sanitary surveys at least every ten 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 5.4.2.3 may be used to meet the sanitary survey requirements of this section.

3.3 Protection of Water:

3.3.1 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:

3.4.1 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:

3.5.1 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:

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

3.7 Approved Sampler/Tester:

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

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

3.8 The requirements of this section shall become effective January 1, 2006.

4.0 Reporting, Public Notification, Consumer Confidence Reports and Record Maintenance

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4.1.9 General Requirements

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

4.1.9.1.1 Violation categories and other situations requiring a public notice.

4.1.9.1.1.1 NPDWR violations:

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

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

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

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

4.1.9.1.1.2 Special public notices:

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

4.1.9.1.1.2.2 Exceedance of the nitrate MCL by non-community water systems (NCWS), where granted permission by the primacy agency under subsection 6.1.2.11.

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. Section 1.0 provides the definition of each tier. Subsection 4.2.3 identifies the tier assignment for each specific violation or situation.

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

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

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

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

4.2 Public Notification

4.2.1 General Public Notice Requirements:

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

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

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

4.2.1.1.1.1.1 Violation of the MCL for total coliforms when fecal coliform or E. coli are present in the water distribution system (as specified in section 5.2), or when the water system fails to test for fecal coliforms or E. coli when any repeat sample tests positive for coliform (as specified in subsection 5.2);

4.2.1.1.1.1.2 Violation of the MCL for nitrate, nitrite, or total nitrate and nitrite, as defined in section 6.1, 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 6.1.2 or violation of the fluoride MCL as defined in subsection 6.1.3;

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 6.1.2.11;

4.2.1.1.1.1.4 Violation of the MRDL for chlorine dioxide, as defined in subsection 8.3.1, 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 8.4.7;

4.2.1.1.1.1.5 Violation of the turbidity MCL under subsection 7.1.1, 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 10.0), Interim Enhanced Surface Water Treatment Rule (IESWTR) (subsection 10.7) or the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR) (subsection 10.13) 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 1.0, 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 5.4.3.1 and 5.4.3.2;

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, and Surface Water Treatment Rule (SWTR), Interim Enhanced Surface Water Treatment Rule (IESWTR), the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR), 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 10.14.2 must notify persons served by the water system that monitoring has not been completed as specified no later than 30 days after the system has failed to collect any 3 months of monitoring as specified in subsection 10.14.2.3. The notice must be repeated as specified in 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 10.14.11, or to determine mean Cryptosporidium level under subsection 10.14.13, must notify persons served by the water system that the determination has not been made as required no later than 30 days after the system has failed to report the determination as specified in subsection 10.14.11.5 or subsection 10.14.13.1, respectively. The notice must be repeated as specified in 4.2.1.1.2.2.1. The notice is not required if the system is complying with a State-approved schedule to address the violation.

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.

4.2.1.1.2.1.3.3.1 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).

4.2.1.1.2.1.3.3.2 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).

4.2.1.1.2.1.3.3.3 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 5.4.4.1.

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 les[s] frequent repeat notice for an MCL violation under the Total Coliform Rule 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 section 3.6 of these regulations;

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

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

4.2.1.1.3.2 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 4.2.2.4.3, 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:

Total Coliforms: Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially-harmful, bacteria may be present. Coliforms were found in more samples than allowed and this was a warning of potential problems.

Fecal Coliforms/E. coli: Fecal coliforms and E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly and people with severely compromised immune systems.

Fecal indicators (enterococci or coliphage): Fecal indicators are microbes whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause short-term health effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly, and people with severely compromised immune systems.

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:

Antimony: Some people who drink water containing antimony well in excess of the MCL over many years could experience increases in blood cholesterol and decreases in blood sugar.

Arsenic: Some people who drink water containing arsenic in excess of the MCL over many years could experience skin damage or problems with their circulatory system, and may have an increased risk of getting cancer.

Asbestos: Some people who drink water containing asbestos in excess of the MCL over many years may have an increased risk of developing benign intestinal polyps.

Barium: Some people who drink water containing barium in excess of the MCL over many years could experience an increase in their blood pressure.

Beryllium: Some people who drink water containing beryllium well in excess of the MCL over many years could develop intestinal lesions.

Cadmium: Some people who drink water containing cadmium in excess of the MCL over many years could experience kidney damage.

Chromium: Some people who use water containing chromium well in excess of the MCL over many years could experience allergic dermatitis.

Copper: Copper is an essential nutrient, but some people who drink water containing copper in excess of the action level over a relatively short amount of time could experience gastrointestinal distress. Some people who drink water containing copper in excess of the action level over many years could suffer liver or kidney damage. People with Wilson's Disease should consult their personal doctor.

Cyanide: Some people who drink water containing cyanide well in excess of the MCL over many years could experience nerve damage or problems with their thyroid.

Lead: Infants and children who drink water containing lead in excess of the action level could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure.

Mercury (inorganic): Some people who drink water containing inorganic mercury well in excess of the MCL over many years could experience kidney damage.

Nickel: Some people who drink water containing nickel well in excess of the MCL over many years could experience heart and liver damage.

Nitrate: Infants below the age of six months who drink water containing nitrate in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue-baby syndrome.

Nitrite: Infants below the age of six months who drink water containing nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue-baby syndrome.

Selenium: Selenium is an essential nutrient. However, some people who drink water containing selenium in excess of the MCL over many years could experience hair or fingernail losses, numbness in fingers or toes, or problems with their circulation.

Thallium: Some people who drink water containing thallium in excess of the MCL over many years could experience hair loss, changes in their blood, or problems with their kidneys, intestines, or liver.

4.2.2.4.1.3 Synthetic Organic Compounds

2,4-D: Some people who drink water containing the weed killer 2,4-D well in excess of the MCL over many years could experience problems with their kidneys, liver, or adrenal glands.

2,4,5-TP [Silvex]: Some people who drink water containing silvex in excess of the MCL over many years could experience liver problems.

Acrylamide: Some people who drink water containing high levels of acrylamide over a long period of time could have problems with their nervous system or blood, and may have an increased risk of getting cancer.

Alachlor: Some people who drink water containing alachlor in excess of the MCL over many years could have problems with their eyes, liver, kidneys, or spleen, or experience anemia, and may have an increased risk of getting cancer.

Atrazine. Some people who drink water containing atrazine well in excess of the MCL over many years could experience problems with their cardiovascular system or reproductive difficulties.

Benzo(a)pyrene (PAH). Some people who drink water containing benzo(a)pyrene in excess of the MCL over many years may experience reproductive difficulties and may have an increased risk of getting cancer.

Carbofuran: Some people who drink water containing carbofuran in excess of the MCL over many years could experience problems with their blood, or nervous or reproductive systems.

Chlordane: Some people who drink water containing chlordane in excess of the MCL over many years could experience problems with their liver or nervous system, and may have an increased risk of getting cancer.

Dalapon: Some people who drink water containing dalapon well in excess of the MCL over many years could experience minor kidney changes.

Di(2-ethylhexyl)adipate: Some people who drink water containing di (2-ethylhexyl) adipate well in excess of the MCL over many years could experience general toxic effects or reproductive difficulties.

Di(2-ethylhexyl)phthalate: Some people who drink water containing di (2-ethylhexyl) phthalate in excess of the MCL over many years may have problems with their liver, or experience reproductive difficulties, and may have an increased risk of getting cancer.

Dibromochloropropane (DBCP): Some people who drink water containing DBCP in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.

Dinoseb: Some people who drink water containing dinoseb well in excess of the MCL over many years could experience reproductive difficulties.

Diquat: Some people who drink water containing diquat in excess of the MCL over many years could get cataracts.

Dioxin (2,3,7,8-TCDD ): Some people who drink water containing dioxin in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.

Endothall: Some people who drink water containing endothall in excess of the MCL over many years could experience problems with their stomach or intestines.

Endrin: Some people who drink water containing endrin in excess of the MCL over many years could experience liver problems.

Epichlorohydrin: Some people who drink water containing high levels of epichlorohydrin over a long period of time could experience stomach problems, and may have an increased risk of getting cancer.

Ethylene dibromide (EDB): Some people who drink water containing ethylene dibromide in excess of the MCL over many years could experience problems with their liver, stomach, reproductive system, or kidneys, and may have an increased risk of getting cancer.

Glyphosate: Some people who drink water containing glyphosate in excess of the MCL over many years could experience problems with their kidneys or reproductive difficulties.

Heptachlor: Some people who drink water containing heptachlor in excess of the MCL over many years could experience liver damage and may have an increased risk of getting cancer.

Heptachlor Epoxide: Some people who drink water containing heptachlor epoxide in excess of the MCL over many years could experience liver damage, and may have an increased risk of getting cancer.

Hexachlorobenzene: Some people who drink water containing hexachlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys, or adverse reproductive effects, and may have an increased risk of getting cancer.

Hexachlorocyclopentadiene: Some people who drink water containing hexachlorocyclopentadiene well in excess of the MCL over many years could experience problems with their kidneys or stomach.

Lindane: Some people who drink water containing lindane in excess of the MCL over many years could experience problems with their kidneys or liver.

Methoxychlor: Some people who drink water containing methoxychlor in excess of the MCL over many years could experience reproductive difficulties.

Oxamyl [Vydate]: Some people who drink water containing oxamyl in excess of the MCL over many years could experience slight nervous system effects.

PCBs [Polychlorinated Biphenyls]: Some people who drink water containing PCBs in excess of the MCL over many years could experience changes in their skin, problems with their thymus gland, immune deficiencies, or reproductive or nervous system difficulties, and may have an increased risk of getting cancer.

Pentachlorophenol: Some people who drink water containing pentachlorophenol in excess of the MCL over many years could experience problems with their liver or kidneys, and may have an increased risk of getting cancer.

Picloram: Some people who drink water containing picloram in excess of the MCL over many years could experience problems with their liver.

Simazine: Some people who drink water containing simazine in excess of the MCL over many years could experience problems with their blood.

Toxaphene: Some people who drink water containing toxaphene in excess of the MCL over many years could have problems with their kidneys, liver, or thyroid, and may have an increased risk of getting cancer.

4.2.2.4.1.4 Volatile Organic Compounds:

Benzene: Some people who drink water containing benzene in excess of the MCL over many years could experience anemia or a decrease in blood platelets, and may have an increased risk of getting cancer.

Carbon Tetrachloride: Some people who drink water containing carbon tetrachloride in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.

Chlorobenzene [Monochlorobenzene]: Some people who drink water containing chlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys.

o-Dichlorobenzene: Some people who drink water containing o-dichlorobenzene well in excess of the MCL over many years could experience problems with their liver, kidneys, or circulatory systems.

p-Dichlorobenzene: Some people who drink water containing p-dichlorobenzene in excess of the MCL over many years could experience anemia, damage to their liver, kidneys, or spleen, or changes in their blood.

1,2-Dichloroethane: Some people who drink water containing 1,2-dichloroethane in excess of the MCL over many years may have an increased risk of getting cancer.

1,1-Dichloroethylene:Some people who drink water containing 1,1-dichloroethylene in excess of the MCL over many years could experience problems with their liver.

Cis-1,2-Dichloroethylene: Some people who drink water containing cis-1,2-dichloroethylene in excess of the MCL over many years could experience problems with their liver.

Trans-1,2-Dichloroethylene: Some people who drink water containing trans-1,2-dichloroethylene well in excess of the MCL over many years could experience problems with their liver.

Dichloromethane: Some people who drink water containing dichloromethane in excess of the MCL over many years could have liver problems and may have an increased risk of getting cancer.

1,2-Dichloropropane: Some people who drink water containing 1,2-dichloropropane in excess of the MCL over many years may have an increased risk of getting cancer.

Ethylbenzene: Some people who drink water containing ethylbenzene well in excess of the MCL over many years could experience problems with their liver or kidneys.

Methyl [tert] Butyl Ether (MTBE): Some people who drink water containing MTBE in excess of the MCL over many years may experience problems of the central nervous system, including loss of muscle coordination, tremors, difficulty breathing, and drowsiness.

Styrene: Some people who drink water containing styrene well in excess of the MCL over many years could have problems with their liver, kidneys, or circulatory system.

Tetrachloroethylene: Some people who drink water containing tetrachloroethylene in excess of the MCL over many years could have problems with their liver, and may have an increased risk of getting cancer.

1,2,4-Trichlorobenzene: Some people who drink water containing 1,2,4-trichlorobenzene well in excess of the MCL over many years could experience changes in their adrenal glands.

1,1,1-Trichloroethane: Some people who drink water containing 1,1,1-trichloroethane in excess of the MCL over many years could experience problems with their liver, nervous system, or circulatory system.

1,1,2-Trichloroethane: Some people who drink water containing 1,1,2-trichloroethane well in excess of the MCL over many years could have problems with their liver, kidneys, or immune systems.

Trichloroethylene: Some people who drink water containing trichloroethylene in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.

Toluene: Some people who drink water containing toluene well in excess of the MCL over many years could have problems with their nervous system, kidneys, or liver.

Vinyl Chloride: Some people who drink water containing vinyl chloride in excess of the MCL over many years may have an increased risk of getting cancer.

Xylenes: Some people who drink water containing xylenes in excess of the MCL over many years could experience damage to their nervous system.

4.2.2.4.1.5 Radiological Compounds

Beta/photon emitters: Certain minerals are radioactive and may emit forms of radiation known as photons and beta radiation. Some people who drink water containing beta and photon emitters in excess of the MCL over many years may have an increased risk of getting cancer.

Alpha emitters: Certain minerals are radioactive and may emit a form of radiation known as alpha radiation. Some people who drink water containing alpha emitters in excess of the MCL over many years may have an increased risk of getting cancer.

Combined Radium 226/228: Some people who drink water containing radium 226 or 228 in excess of the MCL over many years may have an increased risk of getting cancer.

Uranium: Some people who drink water containing uranium in excess of the MCL over many years may have an increased risk of getting cancer and kidney toxicity.

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).

Chlorine: Some people who use water containing chlorine well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chlorine well in excess of the MRDL could experience stomach discomfort.

Chloramines: Some people who use water containing chloramines well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chloramines well in excess of the MRDL could experience stomach discomfort or anemia.

Chlorine dioxide, where any two consecutive daily samples taken at the entrance to the distribution system are above the MRDL: Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia.

Add for public notification only: The chlorine dioxide violations reported today are the result of exceedances at the treatment facility only, not within the distribution system which delivers water to consumers. Continued compliance with chlorine dioxide levels within the distribution system minimizes the potential risk of these violations to consumers.

Chlorine dioxide, where one or more distribution system samples are above the MRDL: Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia.

Add for public notification only: The chlorine dioxide violations reported today include exceedances of the EPA standard within the distribution system which delivers water to consumers. Violations of the chlorine dioxide standard within the distribution system may harm human health based on short-term exposures. Certain groups, including fetuses, infants, and young children, may be especially susceptible to nervous system effects from excessive exposure to chlorine dioxide-treated water.

Disinfection byproducts and treatment technique for DBPs: The United States Environmental Protection Agency (EPA) sets drinking water standards and requires the disinfection of drinking water. However, when used in the treatment of drinking water, disinfectants react with naturally-occurring organic and inorganic matter present in water to form chemicals called disinfection byproducts (DBPs). EPA has determined that a number of DBPs are a health concern at certain levels of exposure. Certain DBPs, including some trihalomethanes (THMs) and some haloacetic acids (HAAs), have been shown to cause cancer in laboratory animals. Other DBPs have been shown to affect the liver and the nervous system, and cause reproductive or developmental effects in laboratory animals. Exposure to certain DBPs may produce similar effects in people. EPA has set standards to limit exposure to THMs, HAAs, and other DBPs.

Bromate: Some people who drink water containing bromate in excess of the MCL over many years may have an increased risk of getting cancer.

Chlorite: Some infants and young children who drink water containing chlorite in excess of the MCL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorite in excess of the MCL. Some people may experience anemia.

Haloacetic Acids (HAA): Some people who drink water containing haloacetic acids in excess of the MCL over many years may have an increased risk of getting cancer.

TTHMs [Total Trihalomethanes]: Some people who drink water containing trihalomethanes in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous systems, and may have an increased risk of getting cancer.

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 section 4.2.2 of this part and certifications made to the Division pursuant to subsection 4.2.1.1.4 must be kept for five (5) years after issuance.

4.2.3 Frequency, Tier Designation and Distribution of Public Notification:

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

Contaminant

MCL/MRDL/TT violations2

Monitoring and Testing Procedure violations

Tier of Public Notice Required

Citation

Tier of Public Notice Required

Citation

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

A. Microbiological Contaminants

1. Total coliform

2

5.0

3

5.0

2. Fecal coliform/E. coli

1

5.0

41,3

5.0

3. Turbidity MCL

2

7.0

3

7.0

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

52,1

7.1.1.2

3

7.1.2.2

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

62,1

7.1.2.1

3

7.1.2.2

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

2

10.4.1

10.4.2 The turbidity level of representative samples of a system’s filtered water must at no time exceed five (5) NTU, measured as specified in section 10.6

10.4.3

10.9.1.2

10.13.1

3

10.5.1

10.10

10.13.1

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

72

10.7

10.8

10.9

10.13.1

3

10.8

10.10

10.13.1

8. Filter Backwash Recycling Rule violations.

2

10.12

3

10.12

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

2

10.13.1

3

10.13.1

10. Long Term 2 Enhanced Surface water Treatment Rule violations

2

10.14.11-10.14.21

222,3

10.14.2-10.14.6 and 10.14.9-10.14.10

11.Ground Water Rule Violations

2

5.4

3

5.4.4.2

B. Inorganic Chemicals (IOCs)

1. Antimony

2

6.1

3

6.1.2

2. Arsenic

2

86.1

3

116.1.2

3. Asbestos(fibers >10 microns)

2

6.1

3

6.1.2

4. Barium

2

6.1

3

6.1.2

5. Beryllium

2

6.1

3

6.1.2

6. Cadmium

2

6.1

3

6.1.2

7. Chromium (Total)

2

6.1

3