DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Public Health

proposed

4462 Public Drinking Water Systems

PUBLIC NOTICE

Health Systems Protection, Office of Drinking Water, Division of Public Health, has proposed amendments to the State of Delaware Regulations Governing Public Drinking Water Systems. Amendments have been made to the following Sections:

On July 1, 2013, the Division plans to publish proposed amendments to the Delaware Regulations Governing Public Drinking Water Systems and hold them out for public comment per Delaware law.

Copies of the proposed regulations are available for review in the July 1, 2013 edition of the Delaware Register of Regulations, accessible online at: http://regulations.delaware.gov or by calling the Office of Drinking Water at (302) 741- 8630.

Any person who wishes to make written suggestions, testimony, briefs or other written materials concerning the proposed regulations must submit same to Deborah Harvey by 4:30 p.m. on Wednesday, July 31, 2013 at:

Deborah Harvey

Division of Public Health

417 Federal Street

Dover, DE 19901

Email: Deborah.Harvey@state.de.us

Phone: (302) 744-4700

4462 Public Drinking Water Systems

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

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

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

1.4-1.5 [Missing section numbers are reserved]

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

1.16 Required Sampling, Monitoring or Analyses:

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

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

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

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

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.

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

"First Draw Sample" means a one (1) liter sample of tap water, collected in accordance with subsection 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 Stream” means a course of running water flowing in a definite channel.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“SUVA” means Specific Ultraviolet Absorption at 254 nanometers (nm), an indicator of the humic content of water. It is a calculated parameter obtained by dividing a sample's ultraviolet absorption at a wavelength of 254 nm (UV254) (in 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.

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

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

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

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

3.7 Approved Sampler/Tester:

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

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

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

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 less 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:

4.2.3.2 Notification to New Billing Units:

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

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

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

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

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

4.2.4 Public Notification Requirements Pertaining to Lead

4.2.4.1 Applicability of Public Notification Requirements

4.2.4.1.1 [Reserved]

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

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

4.2.4.2 Manner of Notification

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

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

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

4.2.4.2.1.3 Once by hand delivery by June 19, 1988.

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

4.2.4.3 General Content of Notice

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

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

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

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

4.2.5 Public Notification Requirements Pertaining to VOCs and MRDLs: If a CWS or NTNCWS fails to comply with an applicable MCL or MRDL level established under subsections 6.1.1 and 8.3, the water supplier shall notify persons served by the system as provided in subsection 4.2.3.

4.2.6 Public Notification Requirements Pertaining to Unregulated Contaminants:

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

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

4.2.7 Procedures for Issuance of a Public Notice

4.2.7.1 PMCL Violation:

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

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

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

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

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

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

4.2.7.2 Other Violations or Circumstances Requiring Public Notification:

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

4.3.1.1.1 This section applies only to community water systems.

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

4.3.1.1.3 For purposes of this section, 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 subsection 6.2.1.3, at or above the level prescribed by CFR 141.24(h)(18) for the contaminants listed in subsection 6.2.1.1, 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 section 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 subsection 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 subsection 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 subsection 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 subsection 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 or MDRDL: The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control microbial contaminants.

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

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

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

4.3.3.4.1.34 Disinfection byproducts or microbial contaminants for which monitoring is required by sections CFR 141.142 and 141.143 except as provided under subsection 4.3.3.5.1 and which are detected in the finished water.

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 section 4.3.6);

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 subsection 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 monitoring location: the highest average of any of the monitoring locations and the range of all monitoring locations expressed in the same units as the MCL. For the MCLs for TTHM and HAA5 in subsection 6.2.1.2, systems must include the highest locational running annual average for TTHM and HAA5 and the range of individual sample results for all monitoring locations expressed in the same units as the MCL. If more than one location exceeds TTHM or HAA5 MCL, the system must include the locational running annual average for all locations that exceed the MCL.

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 monitoring locations: the average and range of detection expressed in the same units as the MCL. The system is required to include individual sample results for the IDSE conducted under subsection 8.8 when determining the range of the TTHM and HAA5 results to be reported in the annual consumer confidence report for the calendar year that the IDSE samples were taken.

Note to subsection 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 subsection 4.3.6;

4.3.3.4.4.5 For turbidity.

4.3.3.4.4.5.1 When it is reported pursuant to subsection 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 subsections 10.4, 10.9 or 10.4.4: The highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits specified in sections 10.4, 10.9 or 10.4.4 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 section 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 subsection 6.2.1.2 as an annual average, monitored and calculated in accordance with section 6.2.3 must include health effects language for TTHMs prescribed in subsection 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, MRDLs or treatment techniques and the report must contain a clear and readily understandable explanation of the violation including: the length of the violation, the potential adverse health effects, and actions taken by the system to address the violation. To describe the potential health effects, the system must use the relevant language of 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 subsection 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. 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 subsection 6.1.7. For systems which fail to take one or more actions prescribed by 6.1.7.1.2, 6.1.7.2, 6.1.7.3, 6.1.7.4, and 6.1.7.5, 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 subsection 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 subsections 6.1.2 and 6.1.4; 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 subsections 4.3.3.8.1 through 4.3.3.8.1.3 or systems may use their own comparable language. The report also must include the language of subsection 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.

4.3.3.8.6 Systems required to comply with section 5.4 Ground Water Rule.

4.3.3.8.6.1 Any ground water system that receives notice from the Division of a significant deficiency or notice from a laboratory of a fecal indicator-positive ground water source sample that is not invalidated by the Division under subsection 5.4.3.4 must inform its customers of any significant deficiency that is uncorrected at the time of the next report or of any fecal indicator-positive ground water source sample in the next report. The system must continue to inform the public annually until the Division determines that particular significant deficiency is corrected or the fecal contamination in the ground water source is addressed under subsection 5.4.4.1. Each report must include the following elements.

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

4.3.3.8.6.1.2 If the fecal contamination in the ground water source has been addressed under subsection 5.4.4.1 and the date of such action;

4.3.3.8.6.1.3 For each significant deficiency or fecal contamination in the ground water source that has not been addressed under subsection 5.4.4.1, the Division-approved plan and schedule for correction, including interim measures, progress to date, and any interim measures completed; and

4.3.3.8.6.1.4 If the system receives notice of a fecal indicator-positive ground water source sample that is not invalidated by the division under subsection 5.4.3.4, the potential health effects using the health effects language of subsection 4.2.2.5.1.

4.3.3.8.6.2 If directed by the Division, a system with significant deficiencies that have been corrected before the next report is issued must inform its customers of the significant deficiency, how the deficiency was corrected, and the date of the correction under subsection 4.3.3.8.6.1.

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.

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

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

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

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

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

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

4.3.4.4.2 A system 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 subsection 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 subsections 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 section 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 (μg/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.

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

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

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

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 monitoring plans developed pursuant to these regulations shall be kept for the same period of time as the records of analyses taken under the plan are required to be kept under subsection 4.4.1.1.1 except as specified elsewhere in this part.

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

4.4.1.1.8 Any decisions made pursuant to the provisions of subsections 8.8 and 8.9.

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

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

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

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.

5.1 Sampling:

5.1.1 Sampling Sites:

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

5.1.2 CWS Sampling Frequency:

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

5.1.3 Reduced Monitoring Frequency for CWSs:

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

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, subsection 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 subsection 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 subsection 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 subsection 7.1.2, exceeds one (1) NTU. This sample must be analyzed for the presence of total coliforms. When one (1) or more turbidity measurements in any day exceed one (1) NTU, the system must collect this coliform sample within twenty-four (24) hours of the first exceedance, unless the Division determines that the system, for logistical reasons outside the system's control, cannot have the sample analyzed within thirty (30) hours of collection. Sample results from this coliform monitoring must be included in determining the MCL for total coliforms.

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 subsection 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 subsection 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 subsection 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 to count with an analytical method using a membrane filter (e.g. Membrane Filter Technique). If a laboratory invalidates a sample because of such interference, the system must collect another sample from the same location as the original sample within twenty-four (24) hours of being notified of the interference problem, and have it analyzed for the presence of total coliforms. The system must continue to re-sample within twenty-four (24) hours and have the samples analyzed until it obtains a valid result. The Division may waive the twenty-four (24) hour time limit on a case-by-case basis.

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.

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

5.2.5.1.2 The Division has the discretion to allow the PWS, on a case by case basis, to forgo fecal coliform or E. coli testing on a total coliform-positive sample if that system assumes that the total coliform-positive sample is fecal coliform-positive or E. coli positive. Accordingly, the system shall notify the Division as specified in subsection 5.2.1.1.1 and the provisions of section 5.2.1.1.2 apply.

5.2.6 Response to Violation. A PWS which has exceeded the MCL for total coliforms in subsection 5.2.1 must report the violation to the Division no later than the end of the next business day after it learns of the violation, and notify the public in accordance with subsection 4.1. A PWS which has failed to comply with a coliform monitoring requirement, including the sanitary survey requirement, must report the monitoring violation to the Division within ten (10) days after the system discovers the violation, and notify the public in accordance with subsection 4.1.

5.3 Analytical Requirements. Analytical Methodology. The standard sample volume required for total coliform analysis, regardless of analytical method used, is one hundred (100) ml. Public water systems need only determine the presence or absence of total coliforms. A determination of total coliform density is not required. Public water systems must conduct total coliform analyses in accordance with 40 CFR 141.21(f)(3). Copies may be obtained from the Office of Drinking Water.

5.4 Ground Water Rule

5.4.1 General requirements and applicability

5.4.1.1 Scope of this section. The requirements of this subpart S constitute National Primary Drinking Water Regulations.

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

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

5.4.1.3.1 Sanitary survey information requirements for all ground water systems as described in subsection 5.4.2.

5.4.1.3.2 Microbial source water monitoring requirements for ground water systems that do not treat all of their ground water to at least 99.99 percent (4-log) treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer as described in subsection 5.4.3.

5.4.1.3.3 Treatment technique requirements, described in subsection 5.4.4, that apply to ground water systems that have fecally contaminated source waters, as determined by source water monitoring conducted under subsection 5.4.3, or that have significant deficiencies that are identified by the Division or that are identified by EPA under SDWA section 1445. A ground water system with fecally contaminated source water or with significant deficiencies subject to the treatment technique requirements of this section must implement one or more of the following corrective action options: correct all significant deficiencies; provide an alternate source of water; eliminate the source of contamination; or provide treatment that reliably achieves at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer.

5.4.1.3.4 Ground water systems that provide at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer are required to conduct compliance monitoring to demonstrate treatment effectiveness, as described in subsection 5.4.4.2.

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

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

5.4.2 Sanitary surveys for ground water systems.

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

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

5.4.2.3 The sanitary survey must include an evaluation of the applicable components listed in subsections 5.4.2.3.1 through 5.4.2.3.8:

5.4.2.3.1 Source,

5.4.2.3.2 Treatment,

5.4.2.3.3 Distribution system,

5.4.2.3.4 Finished water storage,

5.4.2.3.5 Pumps, pump facilities, and controls,

5.4.2.3.6 Monitoring, reporting, and data verification,

5.4.2.3.7 System management and operation, and

5.4.2.3.8 Operator compliance with State requirements.

5.4.3 Ground water source microbial monitoring and analytical methods.

5.4.3.1 Triggered source water monitoring.

5.4.3.1.1 General requirements. A ground water system must conduct triggered source water monitoring if the conditions identified in subsections 5.4.3.1.1.1 and 5.4.3.1.1.2 exist.

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

5.4.3.1.1.2 The system is notified that a sample collected under subsection 5.1 is total coliform-positive and the sample is not invalidated under subsection 5.2.2.

5.4.3.1.2 Sampling Requirements. A ground water system must collect, within 24 hours of notification of the total coliform-positive sample, at least one ground water source sample from each ground water source in use at the time the total coliform-positive sample was collected under subsection 5.1, except as provided in subsection 5.4.3.1.2.2.

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

5.4.3.1.2.2 If approved by the Division, systems with more than one ground water source may meet the requirements of subsection 5.4.3.1.2 by sampling a representative ground water source or sources. If directed by the Division, systems must submit for Division approval a triggered source water monitoring plan that identifies one or more ground water sources that are representative of each monitoring site in the system's sample siting plan under subsection 5.1 and that the system intends to use for representative sampling under this paragraph.

5.4.3.1.2.3 A ground water system serving 1,000 people or fewer may use a repeat sample collected from a ground water source to meet both the requirements of subsection 5.2.3 and to satisfy the monitoring requirements of subsection 5.4.3.1.2 for that ground water source only if the Division approves the use of E. coli as a fecal indicator for source water monitoring under subsection 5.4.3.1. If the repeat sample collected from the ground water source is E. coli positive, the system must comply with subsection 5.4.3.1.3.

5.4.3.1.3 Additional Requirements. If the Division does not require corrective action under subsection 5.4.4.1.2 for a fecal indicator-positive source water sample collected under subsection 5.4.3.1.2 that is not invalidated under subsection 5.4.3.4, the system must collect five additional source water samples from the same source within 24 hours of being notified of the fecal indicator-positive sample.

5.4.3.1.4 Consecutive and Wholesale Systems.

5.4.3.1.4.1 In addition to the other requirements of subsection 5.4.3.1, a consecutive ground water system that has a total coliform-positive sample collected under section 5.1 must notify the wholesale system(s) within 24 hours of being notified of the total coliform-positive sample.

5.4.3.1.4.2 In addition to the other requirements of subsection 5.4.3.1, a wholesale ground water system must comply with subsections 5.4.3.1.4.2.1 and 5.4.3.1.4.2.2.

5.4.3.1.4.2.1 A wholesale ground water system that receives notice from a consecutive system it serves that a sample collected under subsection 5.1 is total coliform-positive must, within 24 hours of being notified, collect a sample from its ground water source(s) under subsection 5.4.3.1.2 and analyze it for a fecal indicator under subsection 5.4.3.3.

5.4.3.1.4.2.2 If the sample collected under subsection 5.4.3.1.4.2.1 is fecal indicator-positive, the wholesale ground water system must notify all consecutive systems served by that ground water source of the fecal indicator source water positive within 24 hours of being notified of the ground water source sample monitoring result and must meet the requirements of subsection 5.4.3.1.3.

5.4.3.1.5 Exceptions to the Triggered Source Water Monitoring Requirements. A ground water system is not required to comply with the source water monitoring requirements of subsection 5.4.3.1 if either of the following conditions exists:

5.4.3.1.5.1 The Division determines, and documents in writing, that the total coliform-positive sample collected under subsection 5.1 is caused by a distribution system deficiency; or

5.4.3.1.5.2 The total coliform-positive sample collected under subsection 5.1 is collected at a location that meets State criteria for distribution system conditions that will cause total coliform-positive samples.

5.4.3.2 Assessment Source Water Monitoring. If directed by the Division, ground water systems must conduct assessment source water monitoring that meets State-determined requirements for such monitoring. A ground water system conducting assessment source water monitoring may use a triggered source water sample collected under subsection 5.4.3.1.2 to meet the requirements of subsection 5.4.3.2. Division-determined assessment source water monitoring requirements may include:

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

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

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

5.4.3.2.4 Analysis of all ground water source samples using one of the analytical methods listed in the in subsection 5.4.3.3.2 for the presence of E. coli, enterococci, or coliphage,

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

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

5.4.3.3 Analytical methods.

5.4.3.3.1 A ground water system subject to the source water monitoring requirements of subsection 5.4.3.1 must collect a standard sample volume of at least 100 mL for fecal indicator analysis regardless of the fecal indicator or analytical method used.

5.4.3.3.2 A ground water system must analyze all ground water source samples collected under subsection 5.4.3.1 using one of the analytical methods listed in the following table for the presence of E. coli, enterococci, or coliphage:

Analytical Methods for Source Water Monitoring

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

5.4.3.4.1 A ground water system may obtain Division invalidation of a fecal indicator-positive ground water source sample collected under subsection 5.4.3.1 only under the conditions specified in subsection 5.4.3.4.1.1 and 5.4.3.4.1.2.

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

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

5.4.3.4.2 If the Division invalidates a fecal indicator-positive ground water source sample, the ground water system must collect another source water sample under subsection 5.4.3.1 within 24 hours of being notified by the Division of its invalidation decision and have it analyzed for the same fecal indicator using the analytical methods in section 5.4.3.3. The Division may extend the 24-hour time limit on a case-by-case basis if the system cannot collect the source water sample within 24 hours due to circumstances beyond its control. In the case of an extension, the Division must specify how much time the system has to collect the sample.

5.4.3.5 Sampling location.

5.4.3.5.1 Any ground water source sample required under section 5.4.3.1 must be collected at a location prior to any treatment of the ground water source unless the State approves a sampling location after treatment.

5.4.3.5.2 If the system's configuration does not allow for sampling at the well itself, the system may collect a sample at a Division-approved location to meet the requirements of section 5.4.3.1 if the sample is representative of the water quality of that well.

5.4.3.6 New Sources. If directed by the Division, a ground water system that places a new ground water source into service after November 30, 2009, must conduct assessment source water monitoring under subsection 5.4.3.2. If directed by the Division, the system must begin monitoring before the ground water source is used to provide water to the public.

5.4.3.7 Public Notification. A ground water system with a ground water source sample collected under subsections 5.4.3.1 or 5.4.3.2 that is fecal indicator-positive and that is not invalidated under subsection 5.4.3.4, including consecutive systems served by the ground water source, must conduct public notification under subsection 4.2.1.1.1.

5.4.3.8 Monitoring Violations. Failure to meet the requirements of subsections 5.4.3.1 – 5.4.3.6 is a monitoring violation and requires the ground water system to provide public notification under subsection 4.2.1.1.3.

5.4.4 Treatment technique requirements for ground water systems.

5.4.4.1 Ground water systems with significant deficiencies or source water fecal contamination.

5.4.4.1.1 The treatment technique requirements of this section must be met by ground water systems when a significant deficiency is identified or when a ground water source sample collected under subsection 5.4.3.1.3 is fecal indicator-positive.

5.4.4.1.2 If directed by the Division, a ground water system with a ground water source sample collected under subsection 5.4.3.1.2, subsection 5.4.3.1.4, or subsection 5.4.3.2 that is fecal indicator-positive must comply with the treatment technique requirements of this section.

5.4.4.1.3 When a significant deficiency is identified at a Subpart H public water system that uses both ground water and surface water or ground water under the direct influence of surface water, the system must comply with provisions of this paragraph except in cases where the Division determines that the significant deficiency is in a portion of the distribution system that is served solely by surface water or ground water under the direct influence of surface water.

5.4.4.1.4 Unless the Division directs the ground water system to implement a specific corrective action, the ground water system must consult with the Division regarding the appropriate corrective action within 30 days of receiving written notice from the Division of a significant deficiency, written notice from a laboratory that a ground water source sample collected under subsection 5.4.3.1.3 was found to be fecal indicator-positive, or direction from the Division that a fecal indicator-positive collected under subsection 5.4.3.1.2, subsection 5.4.3.1.4, or subsection 5.4.3.2 requires corrective action. For the purposes of this section, significant deficiencies include, but are not limited to, defects in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that the Division determines to be causing, or have potential for causing, the introduction of contamination into the water delivered to consumers.

5.4.4.1.5 Within 120 days (or earlier if directed by the Division) of receiving written notification from the Division of a significant deficiency, written notice from a laboratory that a ground water source sample collected under subsection 5.4.3.1.3 was found to be fecal indicator-positive, or direction from the Division that a fecal indicator-positive sample collected under subsection 5.4.3.1.2, subsection 5.4.3.1.4, or subsection 5.4.3.2 requires corrective action, the ground water system must either:

5.4.4.1.5.1 Have completed corrective action in accordance with applicable Division plan review processes or other Division guidance or direction, if any, including Division-specified interim measures; or

5.4.4.1.5.2 Be in compliance with a Division-approved corrective action plan and schedule subject to the conditions specified in subsections 5.4.4.1.5.2.1 and 5.4.4.1.5.2.2.

5.4.4.1.5.2.1 Any subsequent modifications to a Division-approved corrective action plan and schedule must also be approved by the Division.

5.4.4.1.5.2.2 If the Division specifies interim measures for protection of the public health pending Division approval of the corrective action plan and schedule or pending completion of the corrective action plan, the system must comply with these interim measures as well as with any schedule specified by the Division.

5.4.4.1.6 Corrective Action Alternatives. Ground water systems that meet the conditions of subsections 5.4.4.1.1 or 5.4.4.1.2 must implement one or more of the following corrective action alternatives:

5.4.4.1.6.1 Correct all significant deficiencies;

5.4.4.1.6.2 Provide an alternate source of water;

5.4.4.1.6.3 Eliminate the source of contamination; or

5.4.4.1.6.4 Provide treatment that reliably achieves at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer for the ground water source.

5.4.4.1.7 Special notice to the public of significant deficiencies or source water fecal contamination.

5.4.4.1.7.1 In addition to the applicable public notification requirements of subsection 4.2.1.1.1, a community ground water system that receives notice from the Division of a significant deficiency or notification of a fecal indicator-positive ground water source sample that is not invalidated by the Division under subsection 5.4.3.4 must inform the public served by the water system under subsection 4.3.3.8.6 of the fecal indicator-positive source sample or of any significant deficiency that has not been corrected. The system must continue to inform the public annually until the significant deficiency is corrected or the fecal contamination in the ground water source is determined by the Division to be corrected under subsection 5.4.4.1.5.

5.4.4.1.7.2 In addition to the applicable public notification requirements of subsection 4.2.1.1.1, a non-community ground water system that receives notice from the Division of a significant deficiency must inform the public served by the water system in a manner approved by the Division of any significant deficiency that has not been corrected within 12 months of being notified by the Division, or earlier if directed by the Division. The system must continue to inform the public annually until the significant deficiency is corrected. The information must include:

5.4.4.1.7.2.1 The nature of the significant deficiency and the date the significant deficiency was identified by the Division;

5.4.4.1.7.2.2 The Division-approved plan and schedule for correction of the significant deficiency, including interim measures, progress to date, and any interim measures completed; and

5.4.4.1.7.2.3 For systems with a large proportion of non-English speaking consumers, as determined by the Division, information in the appropriate language(s) regarding the importance of the notice or a telephone number or address where consumers may contact the system to obtain a translated copy of the notice or assistance in the appropriate language.

5.4.4.1.7.3 If directed by the Division, a non-community water system with significant deficiencies that have been corrected must inform its customers of the significant deficiencies, how the deficiencies were corrected, and the dates of correction under subsection 5.4.4.1.7.2.

5.4.4.2 Compliance monitoring

5.4.4.2.1 Existing ground water sources. A ground water system that is not required to meet the source water monitoring requirements of this section for any ground water source because it provides at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer for any ground water source before December 1, 2009, must notify the Division in writing that it provides at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer for the specified ground water source and begin compliance monitoring in accordance with section 5.4.4.2.3 by December 1, 2009. Notification to the Division must include engineering, operational, or other information that the Division requests to evaluate the submission. If the system subsequently discontinues 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer for a ground water source, the system must conduct ground water source monitoring as required under section 5.4.3.

5.4.4.2.2 New ground water sources. A ground water system that places a ground water source in service after November 30, 2009, that is not required to meet the source water monitoring requirements of this section because the system provides at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer for the ground water source must comply with the requirements of subsections 5.4.4.2.2.1, 5.4.4.2.2.2 and 5.4.4.2.2.3.

5.4.4.2.2.1 The system must notify the Division in writing that it provides at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer for the ground water source. Notification to the Division must include engineering, operational, or other information that the division requests to evaluate the submission.

5.4.4.2.2.2 The system must conduct compliance monitoring as required under subsection 5.4.4.2.3 within 30 days of placing the source in service.

5.4.4.2.2.3 The system must conduct ground water source monitoring under subsection 5.4.3 if the system subsequently discontinues 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer for the ground water source.

5.4.4.2.3 Monitoring requirements. A ground water system subject to the requirements of subsections 5.4.4.2.1, 5.4.4.2.2.1 or 5.4.4.2.2.2 must monitor the effectiveness and reliability of treatment for that ground water source before or at the first customer as follows:

5.4.4.2.3.1 Chemical disinfection

5.4.4.2.3.1.1 Ground water systems serving greater than 3,300 people. A ground water system that serves greater than 3,300 people must continuously monitor the residual disinfectant concentration using analytical methods specified in section 8.2.1 at a location approved by the Division and must record the lowest residual disinfectant concentration each day that water from the ground water source is served to the public. The ground water system must maintain the Division-determined residual disinfectant concentration every day the ground water system serves water from the ground water source to the public. If there is a failure in the continuous monitoring equipment, the ground water system must conduct grab sampling every four hours until the continuous monitoring equipment is returned to service. The system must resume continuous residual disinfectant monitoring within 14 days.

5.4.4.2.3.1.2 Ground water systems serving 3,300 or fewer people. A ground water system that serves 3,300 or fewer people must monitor the residual disinfectant concentration using analytical methods specified in section 8.2.1 at a location approved by the Division and record the residual disinfection concentration each day that water from the ground water source is served to the public. The ground water system must maintain the Division-determined residual disinfectant concentration every day the ground water system serves water from the ground water source to the public. The ground water system must take a daily grab sample during the hour of peak flow or at another time specified by the Division. If any daily grab sample measurement falls below the Division-determined residual disinfectant concentration, the ground water system must take follow-up samples every four hours until the residual disinfectant concentration is restored to the Division-determined level. Alternatively, a ground water system that serves 3,300 or fewer people may monitor continuously and meet the requirements of subsection 5.4.4.2.3.1.1.

5.4.4.2.3.2 Membrane filtration. A ground water system that uses membrane filtration to meet the requirements of this section must monitor the membrane filtration process in accordance with all Division-specified monitoring requirements and must operate the membrane filtration in accordance with all Division-specified compliance requirements. A ground water system that uses membrane filtration is in compliance with the requirement to achieve at least 4-log removal of viruses when:

5.4.4.2.3.2.1 The membrane has an absolute molecular weight cut-off (MWCO), or an alternate parameter that describes the exclusion characteristics of the membrane, that can reliably achieve at least 4-log removal of viruses;

5.4.4.2.3.2.2 The membrane process is operated in accordance with Division-specified compliance requirements; and

5.4.4.2.3.2.3 The integrity of the membrane is intact.

5.4.4.2.3.3 Alternative treatment. A ground water system that uses a Division-approved alternative treatment to meet the requirements of this section by providing at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer must:

5.4.4.2.3.3.1 Monitor the alternative treatment in accordance with all Division-specified monitoring requirements; and

5.4.4.2.3.3.2 Operate the alternative treatment in accordance with all compliance requirements that the Division determines to be necessary to achieve at least 4-log treatment of viruses.

5.4.4.3 Discontinuing treatment. A ground water system may discontinue 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer for a ground water source if the Division determines and documents in writing that 4-log treatment of viruses is no longer necessary for that ground water source. A system that discontinues 4-log treatment of viruses is subject to the source water monitoring and analytical methods requirements of subsection 5.4.3.

5.4.4.4 Failure to meet the monitoring requirements of subsection 5.4.4.2.1 is a monitoring violation and requires the ground water system to provide public notification under subsection 4.2.1.1.3.

5.4.5 Treatment technique violations for ground water systems.

5.4.5.1 A ground water system with a significant deficiency is in violation of the treatment technique requirement if, within 120 days (or earlier if directed by the Division) of receiving written notice from the Division of the significant deficiency, the system:

5.4.5.1.1 Does not complete corrective action in accordance with any applicable Division plan review processes or other Division guidance and direction, including Division specified interim actions and measures, or

5.4.5.1.2 Is not in compliance with a Division-approved corrective action plan and schedule.

5.4.5.2 Unless the Division invalidates a fecal indicator-positive ground water source sample under subsection 5.4.3.4, a ground water system is in violation of the treatment technique requirement if, within 120 days (or earlier if directed by the Division) of meeting the conditions of subsection 5.4.4.1.1 or subsection 5.4.4.1.2, the system:

5.4.5.2.1 Does not complete corrective action in accordance with any applicable Division plan review processes or other Division guidance and direction, including Division-specified interim measures, or

5.4.5.2.2 Is not in compliance with a Division-approved corrective action plan and schedule.

5.4.5.3 A ground water system subject to the requirements of subsection 5.4.4.2.3 that fails to maintain at least 4-log treatment of viruses (using inactivation, removal, or a Division-approved combination of 4-log virus inactivation and removal) before or at the first customer for a ground water source is in violation of the treatment technique requirement if the failure is not corrected within four hours of determining the system is not maintaining at least 4-log treatment of viruses before or at the first customer.

5.4.5.4 Ground water system must give public notification under subsection 4.2.1.1.2 for the treatment technique violations specified in subsections 5.4.5.1, 5.4.5.2 and 5.4.5.3.

5.4.6 Reporting and recordkeeping for ground water systems.

5.4.6.1 Reporting. In addition to the requirements of section 4.1, a ground water system regulated under this section must provide the following information to the Division:

5.4.6.1.1 A ground water system conducting compliance monitoring under subsection 5.4.4.2 must notify the Division any time the system fails to meet any Division-specified requirements including, but not limited to, minimum residual disinfectant concentration, membrane operating criteria or membrane integrity, and alternative treatment operating criteria, if operation in accordance with the criteria or requirements is not restored within four hours. The ground water system must notify the Division as soon as possible, but in no case later than the end of the next business day.

5.4.6.1.2 After completing any corrective action under subsection 5.4.4.1, a ground water system must notify the Division within 30 days of completion of the corrective action.

5.4.6.1.3 If a ground water system subject to the requirements of subsection 5.4.3.1 does not conduct source water monitoring under subsection 5.4.3.1.5.3, the system must provide documentation to the Division within 30 days of the total coliform positive sample that it met the Division criteria.

5.4.6.2 Recordkeeping. In addition to the requirements of subsection 4.4, a ground water system regulated under this section must maintain the following information in its records:

5.4.6.2.1 Documentation of corrective actions. Documentation shall be kept for a period of not less than ten years.

5.4.6.2.2 Documentation of notice to the public as required under subsection 5.4.4.1.7. Documentation shall be kept for a period of not less than three years.

5.4.6.2.3 Records of decisions under subsection 5.4.3.1.5.2 and records of invalidation of fecal indicator-positive ground water source samples under subsection 5.4.3.4. Documentation shall be kept for a period of not less than five years.

5.4.6.2.4 For consecutive systems, documentation of notification to the wholesale system(s) of total-coliform positive samples that are not invalidated under subsection 5.2.2. Documentation shall be kept for a period of not less than five years.

5.4.6.2.5 For systems, including wholesale systems, that are required to perform compliance monitoring under subsection 5.4.4.2:

5.4.6.2.5.1 Records of the Division-specified minimum disinfectant residual. Documentation shall be kept for a period of not less than ten years.

5.4.6.2.5.2 Records of the lowest daily residual disinfectant concentration and records of the date and duration of any failure to maintain the Division-prescribed minimum residual disinfectant concentration for a period of more than four hours. Documentation shall be kept for a period of not less than five years.

5.4.6.2.5.3 Records of Division-specified compliance requirements for membrane filtration and of parameters specified by the Division for Division-approved alternative treatment and records of the date and duration of any failure to meet the membrane operating, membrane integrity, or alternative treatment operating requirements for more than four hours. Documentation shall be kept for a period of not less than five years.

6.1 Inorganic Chemical Requirements

6.1.1 PMCLs AND SMCLs: The following are the inorganic PMCLs and SMCLs (mg/L - milligrams per liter). Compliance is determined pursuant to subsection 6.1.2.

6.1.1.1 Table of PMCLs

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

6.1.1.2 Table of SMCLs

The Maximum Contaminant Level Goals (MCLG) for lead and copper are as follows:

6.1.1.3 Table for Lead/Copper MCLGs

6.1.1.4 Arsenic. The analysis and determination of compliance with the 0.010 mg/L maximum contaminant level for arsenic use the requirements of 6.1.2

6.1.2 Sampling and Analytical Requirements:

6.1.2.1 Community water systems shall conduct monitoring to determine compliance with the maximum contaminant levels specified in subsection 6.1.1 in accordance with this section. Non-transient, non-community water systems shall conduct monitoring to determine compliance with the maximum contaminant levels specified in subsection 6.1.1 in accordance with this section. Transient, non-community water systems shall conduct monitoring to determine compliance with the nitrate and nitrite maximum contaminant levels in subsection 6.1.1 in accordance with this section.

6.1.2.2 Detection limits for each analytical method shall be in accordance with 40 CFR 141.23(a)(4)(i) as amended. Copies may be obtained from the Office of Drinking Water.

6.1.3 Monitoring shall be conducted as follows:

6.1.3.1 Groundwater systems shall take a minimum of one sample at every entry point to the distribution system which is representative of each well after treatment [hereafter called a sampling point] beginning in the compliance period starting January 1, 1993. The system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

6.1.3.1.1 Groundwater systems with 150 or more service connections shall begin monitoring for Phase II and Phase V contaminants on January 1, 1993.

6.1.3.1.2 Groundwater systems with less than 150 service connections shall begin monitoring for Phase II contaminants on January 1, 1993 and for Phase V contaminants on January 1, 1996.

6.1.3.2 Surface water systems shall take a minimum of one sample at every entry point to the distribution system after any application of treatment or in the distribution system at a point which is representative of each source after treatment [hereafter called a sampling point] beginning in the compliance period beginning January 1, 1993. The system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

NOTE: FOR PURPOSES OF THIS PARAGRAPH, SURFACE WATER SYSTEMS INCLUDE SYSTEMS WITH A COMBINATION OF SURFACE AND GROUND SOURCES.

6.1.3.2.1 Surface water systems with 150 or more service connections shall begin monitoring for Phase II and Phase V contaminants on January 1, 1993.

6.1.3.2.2 Surface water systems with less than 150 service connections shall begin monitoring for Phase II contaminants on January 1, 1993 and for Phase V contaminants on January 1, 1996.

6.1.3.3 If a system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water is representative of all sources being used).

6.1.3.4 The Division may reduce the total number of samples which must be analyzed by allowing the use of compositing. Composite samples from a maximum of five sampling points are allowed provided that the detection limit of the method used for analysis is less than one-fifth of the MCL. Compositing of samples must be done in the laboratory.

6.1.3.4.1 If the concentration in the composite sample is greater than or equal to one-fifth of the MCL of any inorganic chemical, then a follow-up sample must be taken within 14 days at each sampling point included in the composite. These samples must be analyzed for the contaminants which exceeded one-fifth of the MCL in the composite sample.

6.1.3.4.2 If the population served by the system is >3,300 persons, then compositing may only be permitted by the Division at sampling points within a single system. In systems serving <3,300 persons, the State may permit compositing among different systems provided the 5-sample limit is maintained.

6.1.3.4.3 If duplicates of the original sample taken from each sampling point used in the composite are available, the system may use these instead of resampling. The duplicates must be analyzed and the results reported to the Division within 14 days of collection.

6.1.3.5 The frequency of monitoring for asbestos shall be in accordance with subsection 6.1.4; the frequency of monitoring for antimony, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, 6.1.4 shall be in accordance with subsection 6.1.5; the frequency of monitoring for nitrate shall be in accordance with subsection 6.1.6; and the frequency of monitoring for nitrite shall be in accordance with subsection 6.1.7.

6.1.4 The frequency of monitoring conducted to determine compliance with the maximum contaminant level for asbestos specified in subsection 6.1.4 shall be conducted as follows:

6.1.4.1 Each community and non-transient, non-community water system is required to monitor for asbestos during the first three-year compliance period of each nine-year compliance cycle beginning in the compliance period starting January 1, 1993.

6.1.4.2 If the system believes it is not vulnerable to either asbestos contamination in its source water or due to corrosion of asbestos-cement pipe, or both, it may apply to the Division for a waiver of the monitoring requirement in subsection 6.1.4.1. If the Division grants the waiver, the system is not required to monitor.

6.1.4.3 The Division may grant a waiver based on a consideration of the following factors:

6.1.4.3.1 Potential asbestos contamination of the water source, and

6.1.4.3.2 The use of asbestos-cement pipe for finished water distribution and the corrosive nature of the water.

6.1.4.4 A waiver remains in effect until the completion of the three-year compliance period. Systems not receiving a waiver must monitor in accordance with the provisions of subsection 6.1.3.

6.1.4.5 A system vulnerable to asbestos contamination due solely to corrosion of asbestos-cement pipe shall take one sample at a tap served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

6.1.4.6 A system vulnerable to asbestos contamination due solely to source water shall monitor in accordance with the provision of subsection 6.1.3.

6.1.4.7 A system vulnerable to asbestos contamination due both to its source water supply and corrosion of asbestos-cement pipe shall take one sample at each entry point after treatment and a minimum of one tap sample served by asbestos-cement pipe and under conditions where asbestos contamination is most likely to occur.

6.1.4.8 A system which exceeds PMCL listed in subsection 6.1.1 shall monitor quarterly beginning in the next quarter after the violation occurred.

6.1.4.9 The Division may decrease the quarterly monitoring requirement to the frequency specified in subsection 6.1.4.1 provided the Division has determined that the system is reliably and consistently below the maximum contaminant level. In no case can a Division make this determination unless a groundwater system takes a minimum of two quarterly samples and a surface (or combined surface/ground) water system takes a minimum of four quarterly samples.

6.1.4.10 If monitoring data collected after January 1, 1990 are generally consistent with the requirements of this section then the Division may allow systems to use that data to satisfy the monitoring requirement for the initial compliance period beginning January 1, 1993.

6.1.5 The frequency of monitoring conducted to determine compliance with the maximum contaminant levels in subsection 6.1.1 for antimony, arsenic, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium and thallium shall be as follows:

6.1.5.1 Groundwater systems shall take one sample at each sampling point once every three (3) years. Surface Water systems [or combined surface/ground] shall take one sample annually at each sampling point beginning January 1, 1993.

6.1.5.2 The system may apply to the Division for a waiver from the monitoring frequencies specified in subsection 6.1.5.1.

6.1.5.3 A condition of the waiver shall require that a system shall take a minimum of one sample while the waiver is effective. The term during which the waiver is effective shall not exceed one compliance cycle (i.e., nine years).

6.1.5.4 The Division may grant a waiver provided surface water systems have monitored annually for at least three years and groundwater systems have conducted a minimum of three rounds of monitoring. (At least one sample shall have been taken since January 1, 1990) Both surface and groundwater systems shall demonstrate that all previous analytical results were less than the maximum contaminant level. Systems that use a new water source are not eligible for a waiver until three rounds of monitoring from the new source have been completed.

6.1.5.5 In determining the appropriate reduced monitoring frequency, the Division shall consider:

6.1.5.5.1 Reported concentrations from all previous monitoring.

6.1.5.5.2 The degree of variation in reported concentrations; and

6.1.5.5.3 Other factors which may affect contaminant concentrations such as changes in groundwater pumping rates, changes in the systems configuration, changes in the system’s operating procedures, or changes in stream flows or characteristics.

6.1.5.6 A decision by the Division to grant a waiver shall be made in writing and shall set forth the basis for the determination. The determination may be initiated by the Division or upon an application by the public water system. The public water system shall specify the basis for its request. The Division shall review and, where appropriate, revise its determination of the appropriate monitoring frequency when the system submits new monitoring data or when other data relevant to the system’s appropriate monitoring frequency become available.

6.1.5.7 Systems which exceed the MCLs as calculated in subsection 6.1.11 shall monitor quarterly beginning in the next quarter after the violation occurred.

6.1.5.8 The Division may decrease the quarterly monitoring requirement to the frequencies specified in subsections 6.1.5.1 and 6.1.5.2 provided it has determined that the system is reliably and consistently below the maximum contaminant level. In no case can the Division make this determination unless a groundwater system takes a minimum of two quarterly samples and a surface water system takes a minimum of four quarterly samples.

6.1.5.9 All new systems that use a new source of water or existing systems that add a new source of water that begin operation after January 22, 2004 must demonstrate compliance with the MCL within a period of time specified by the Division. The system must also comply with the initial sampling frequencies specified by the Division to ensure a system can demonstrate compliance with the MCL. Routine and increased monitoring frequencies shall be conducted in accordance with the requirements in this section.

6.1.6 All public water systems (community; non-transient, non-community; and transient, non-community systems) shall monitor to determine compliance with the maximum contaminant level for nitrate in subsection 6.1.1.

6.1.6.1 Community and non-transient, non-community water systems served by groundwater systems shall monitor annually beginning January 1, 1993; systems served by surface water shall monitor quarterly beginning January 1, 1993.

6.1.6.2 For community and non-transient, non-community water systems, the repeat monitoring frequency for groundwater systems shall be quarterly for at least one year following any one sample in which the concentration is >50 percent of the MCL. The Division may allow a groundwater system to reduce the sampling frequency to annually after four consecutive quarterly samples are reliably and consistently less than the MCL.

6.1.6.3 For community and non-transient, non-community water systems, the Division may allow a surface water system to reduce the sampling frequency to annually if all analytical results from four consecutive quarters are <50 percent of the MCL. A surface water system shall return to quarterly monitoring if any one sample is >50 percent of the MCL.

6.1.6.4 Each transient non-community water system shall monitor annually beginning January 1, 1993.

6.1.6.5 After the initial round of quarterly sampling is completed, each community and non-transient non-community system which is monitoring annually shall take subsequent samples during the quarter(s) which previously resulted in the highest analytical result.

6.1.7 All public water systems (community; non-transient, non-community; and transient, non-community systems) shall monitor to determine compliance with the maximum contaminant level for nitrite in subsection 6.1.1

6.1.7.1 All public water systems shall take one sample at each sampling point in the distribution system during the compliance period beginning January 1, 1993 and ending December 31, 1995.

6.1.7.2 After the initial sample, systems where an analytical result for nitrite is <50 percent of the MCL shall monitor at the frequency specified by the Division.

6.1.7.3 For community, non-transient, non-community, and transient non-community water systems, the repeat monitoring frequency for any water system shall be quarterly for at least one year following any one sample in which the concentration is >50 percent of the MCL. The Division may allow a system to reduce the sampling frequency to annually after determining the system is reliably and consistently less than the MCL.

6.1.7.4 Systems which are monitoring annually shall take each subsequent sample during the quarter(s) which previously resulted in the highest analytical result.

6.1.8 Confirmation Samples:

6.1.8.1 Where the results of sampling for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium, or thallium indicate an exceedance of the maximum contaminant level, the Division may require that one additional sample be collected, as soon as possible after the initial sample was taken (but not to exceed two weeks), at the same sampling point.

6.1.8.2 Where nitrate or nitrite sampling results indicate an exceedance of the maximum contaminant level, the system shall take a confirmation sample within 24 hours of the system’s receipt of notification of the analytical results of the first sample. Systems unable to comply with the 24-hour sampling requirement must immediately notify the consumers in the area served by the public water system in accordance with subsection 4.2. Systems exercising this option must take and analyze a confirmation sample within two weeks of notification of the analytical results of the first sample.

6.1.8.3 If a Division-required confirmation sample is taken for any contaminant, then the results of the initial and confirmation sample shall be averaged. The resulting average shall be used to determine the system’s compliance in accordance with subsection 6.1.11. The Division has the discretion to delete results of obvious sampling errors. Sampling errors include, but are not limited to samples collected from the wrong system or samples collected from private wells located within a public water system.

6.1.9 The Division may require more frequent monitoring than specified in subsections 6.1.4, 6.1.5, 6.1.6 and 6.1.7 or may require confirmation samples for positive and negative results at its discretion.

6.1.10 Systems may apply to the Division to conduct more frequent monitoring than the minimum monitoring frequencies specified in this section.

6.1.11 Compliance with subsection 6.1.1 shall be determined based on the analytical result(s) obtained at each sampling point:

6.1.11.1 For systems which are conducting monitoring at a frequency greater than annual, compliance with the maximum contaminant levels for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, 6.1.4 is determined by a running annual average at each sampling point. If the average at any sampling point is greater than the MCL, then the system is out of compliance. If anyone sample would cause the annual average to be exceeded, then the system is out of compliance immediately. Any sample below the detection limit shall be calculated at zero for the purpose of determining the annual average. If a system fails to collect the required number of samples, compliance (average concentration) will be based on the total number of samples collected.

6.1.11.2 For systems which are monitoring annually, or less frequently, the system is out of compliance with the maximum contaminant levels for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, 6.1.4 if the level of a contaminant at any sampling point is greater than the MCL. If a confirmation sample is required by the Division, the determination of compliance will be based on the annual average of the initial MCL exceedance and any Division-required confirmation samples. If a system fails to collect the required number of samples, compliance (average concentration) will be based on the total number of samples collected.

6.1.11.3 Compliance with the maximum contaminant levels for nitrate and nitrite is determined based on one sample if the levels of these contaminants are below the MCLs. If the levels of nitrate and/or nitrite exceed the MCLs in the initial sample, a confirmation sample is required and compliance shall be determined based on the average of the initial and confirmation samples.

6.1.11.4 If a public water system has a distribution system separable from other parts of the distribution system with no interconnections, the Division may allow the system to give public notice to only the area served by that portion of the system which is out of compliance.

6.1.11.5 Arsenic sampling results will be reported to the nearest 0.001 mg/L.

6.1.12 Each public water system shall monitor at the time designated by the Division during each compliance period.

6.1.13 At the discretion of the Division, nitrate levels not to exceed 20 mg/L may be allowed in TNCWS and NTNCWS if the supplier of water demonstrates to the satisfaction of the Division that:

6.1.13.1 Such water will not be available to children under one (1) year of age;

6.1.13.2 There will be continuous posting of the fact that nitrate levels exceed ten (10) mg/L and the potential health effects of exposure and;

6.1.13.3 No adverse health effects shall result.

6.1.3 Fluoride (F):

6.1.3.1 Where fluoridation has been or will be instituted as provided by Delaware Law and the fluoride content of a water supply is less than 0.8 mg/L, fluoride should be adjusted to provide a concentration within a range of 0.8-1.2 mg/L and shall not exceed 2.0 mg/L. Defluoridation of water shall be provided when the natural fluoride concentration exceeds 2.0 mg/L. In addition to the sampling and analysis required by section 6.1.5, fluoridated and defluoridated water supplies shall be sampled and analyzed daily by the supplier of water at a representative point(s) in the water supply system. In the event that the fluoride level exceeds 2.0 mg/L, samples shall be taken every two hours until the level returns to 2.0 mg/L [or less]. The exceedance shall be treated as a Tier 2 violation requiring public notification. If the fluoride level exceeds 4.0 mg/L a Tier 1 public notice is required. The fluoride levels shall be reported to the Division pursuant to subsection 4.1.1.

6.1.3.2 All municipal water supplies, whether municipally owned or privately owned, shall comply with subsection 6.1.3.1. All affected water supplies shall submit cost estimates to the Department of Health and Social Services no later than November 15, 1998.

6.1.4 Sodium (Na):

6.1.4.1 The supplier of water for a CWS shall collect and analyze one (1) sample per plant at the entry point of the distribution system for the determination of sodium concentration levels; samples must be collected and analyzed annually for systems utilizing surface water sources in whole or in part and at least every three (3) years for systems utilizing solely ground water sources. The minimum number of samples required to be taken by the system shall be based on the number of treatment plants used by the system, except that multiple wells drawing raw water from a single aquifer may, with Division approval be considered one (1) treatment plant for determining the minimum number of samples. The supplier of water may be required by the Division to collect and analyze water samples for sodium more frequently in locations where the sodium content is variable.

6.1.4.2 The supplier of water shall report to the Division the results of analyses for sodium pursuant to section 4.1.1.

6.1.4.3 The supplier of water shall notify appropriate local and State public health officials of the sodium levels by written notice by direct mail within three (3) months. A copy of each notice required to be provided by this paragraph shall be sent to the Division within ten (10) days of issuance. The supplier of water is not required to notify appropriate local and State public health officials of the sodium levels where the Division provides such notices in lieu of the supplier.

6.1.4.4 Analysis for sodium shall performed in accordance with 40 CFR 141.23(k)(1) as amended. Copies may be obtained from the Office of Drinking Water.

6.1.5 Inorganic Compliance Determination:

6.1.5.1 Analysis for the purpose of determining compliance with subsection 6.1.1 shall be in accordance with the following:

6.1.5.1.1 PMCL analyses for all CWSs utilizing surface water sources shall be conducted annually. SMCL analyses shall be performed at the discretion of the Division.

6.1.5.1.2 PMCL analyses for all CWSs utilizing only ground water sources shall be conducted at three (3) year intervals. SMCL analyses shall be performed at the discretion of the Division.

6.1.5.1.3 For NCWSs and NTNCWSs, whether supplied by surface or ground water sources, analyses for nitrate shall be conducted at intervals determined by the Division.

6.1.5.1.4 The Division has the authority to determine compliance or initiate enforcement action based upon analytical results and other information compiled by its sanctioned representatives and agencies.

6.1.5.2 The provision of subsections 6.1.5.6 and 6.1.5.7 notwithstanding compliance with the PMCL for nitrate shall be determined on the basis of the mean of two (2) analyses. When a level exceeding the PMCL for nitrate is found, a second analysis shall be initiated within twenty-four (24) hours, and if the mean of the two (2) analyses exceeds the PMCL, the supplier of water shall report his findings to the Division pursuant to subsection 4.1 and shall notify the public pursuant to subsection 4.2.

6.1.5.3 For the initial analyses required by subsections 6.1.5.1, 6.1.5.2 and 6.1.5.3, data for surface waters acquired within one (1) year prior to the effective date and data for ground waters acquired within three (3) years prior to the effective date of this section may be substituted at the discretion of the Division.

6.1.6 Analytical Methodology:

6.1.6.1 Analyses conducted to determine compliance with subsection 6.1.1 for inorganic chemicals shall be made in accordance with the following methods.

6.1.6.1.1 PMCLs shall be in accordance with 40 CFR 141.23(k)(1) as amended. Copies may be obtained from the Office of Drinking Water.

6.1.6.1.2 SMCLs shall be accordance with 40 CFR section 143.4 as amended. Copies may be obtained from the Office of Drinking Water.

6.1.6.1.3 Sample Collection and Preservation: - Sample collection for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, nitrate, nitrite, selenium and thallium under this section shall be conducted using the sample preservation method(s), container, and maximum holding time procedures in accordance with 40 CFR 141.23(k)(2) as amended. Copies may be obtained from the Office of Drinking Water.

6.1.6.1.4 Lab Approval: Analysis under this section shall only be conducted by laboratories that have received approval by EPA, other approved certifying organization, or the State of Delaware. To receive approval to conduct analyses for antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, nitrate, nitrite, 6.1.4 the laboratory must:

6.1.6.1.4.1 Analyze Performance Evaluation samples annually in accordance with subsection 1.14.

6.1.6.1.4.2 Achieve quantitative results on the analyses that are in accordance with 40 CFR 141.23(k)(3)(ii) and 40 CFR 141.23(k)(3)(iii) as amended. Copies may be obtained from the Office of Drinking Water.

6.1.7 Lead (Pb) and Copper (Cu):

6.1.7.1 Unless otherwise indicated, each of the provisions of this section applies to CWSs and NTNCWSs. The requirements in subsection 6.1.7 shall take effect November 9, 1992.

6.1.7.1.1 General Requirements:

6.1.7.1.1 Applicability and effective dates.

6.1.7.1.1.1 The requirements of subsection 6.1.7 constitute national primary drinking water regulations for lead and copper. Unless otherwise indicated, each of the provisions of this section applies to community water systems and non-transient, non-community water systems (hereinafter referred to as “water systems” or “systems”).

6.1.7.1.1.2 [Reserved]

6.1.7.1.2 Scope. These regulations establish a treatment technique that includes requirements for corrosion control treatment, source water treatment, lead service line replacement, and public education. These requirements are triggered, in some cases, by lead and copper action levels measured in samples collected at consumer’s taps.

6.1.7.1.3 Action Level:

6.1.7.1.3.1 The lead action level is exceeded if the concentration of lead in more than 10 percent of tap water samples collected during any monitoring period conducted in accordance with section 6.1.7.7 is greater than 0.015 mg/L (i.e., if the “90th percentile” lead level is greater than 0.015 mg/L).

6.1.7.1.3.2 The copper action level is exceeded if the concentration of copper in more than 10 percent of tap water samples collected during any monitoring period conducted in accordance with section 6.1.7.7 is greater than 1.3 mg/L (i.e., if the “90th percentile” copper level is greater than 1.3 mg/L).

6.1.7.1.3.3 The 90th percentile lead and copper levels shall be computed as follows:

6.1.7.1.3.3.1 The results of all lead or copper samples taken during a monitoring period shall be placed in ascending order from the sample with the lowest concentration to the sample with the highest concentration. Each sampling result shall be assigned a number ascending by single integers beginning with the number 1 for the sample with the lowest contaminant level. The number assigned to the sample with the highest contaminant level shall be equal to the total number of samples taken.

6.1.7.1.3.3.2 The number of samples taken during the monitoring period shall be multiplied by 0.9.

6.1.7.1.3.3.3 The contaminant concentration in the numbered sample yielded by the calculation in subsection 6.1.7.1.3.2 is the 90th percentile contaminant level.

6.1.7.1.3.3.4 For water systems serving fewer than 100 people that collect five samples per monitoring period, the 90th percentile is computed by taking the average of the highest and second highest concentrations.

6.1.7.1.3.3.5 For a public water system that has been allowed by the Division to collect fewer than five samples in accordance with subsection 6.1.7.7.3 the sample result with the highest concentration is considered the 90th percentile value.

6.1.7.1.4 Corrosion Control Treatment Requirements:

6.1.7.1.4.1 All water systems shall install and operate optimal corrosion control treatment as defined in subsection 1.1.

6.1.7.1.4.2 Any water system that complies with the applicable corrosion control treatment requirements specified by the Division under subsections 6.1.7.1.4 and 6.1.7.1.5 shall be deemed in compliance with each treatment requirement contained in subsection 6.1.7.1.4.1.

6.1.7.1.5 Source Water Treatment Requirements: Any system exceeding the lead or copper action level shall implement all applicable source water treatment requirements specified by the Division under section 6.1.7.4.

6.1.7.1.6 Lead Service Line Replacement: Any system exceeding the lead action level after implementation of applicable corrosion control and source water treatment requirements shall complete the lead service line replacement requirements contained in section 6.1.7.5.

6.1.7.1.7 Public Education Requirements: Pursuant to section 6.1.7.6, all water systems must provide a consumer notice of lead tap water monitoring results to persons served at the sites (taps) that are tested. Any system exceeding the lead action level shall implement the public education requirements contained in section 6.1.7.6.

6.1.7.1.8 Monitoring and Analytical Requirements: Tap water monitoring for lead and copper, monitoring for water quality parameters, source water monitoring for lead and copper, and analyses of the monitoring results under this section shall be completed in compliance with subsections 6.1.7.7, 6.1.7.8, 6.1.7.9 and 6.1.7.12.

6.1.7.1.9 Reporting Requirements: Systems shall report to the Division any information required by the treatment provisions of this section and subsection 6.1.7.10.

6.1.7.1.10 Recordkeeping Requirements: Systems shall maintain records in accordance with subsection 6.1.7.11.

6.1.7.1.11 Violation of National Primary Drinking Water Regulations:

6.1.7.1.11.1 Failure to comply with the applicable requirements of subsection 6.1.7 including requirements established by the Division pursuant to these provisions, shall constitute a violation of the national primary drinking water regulations for lead and/or copper.

6.1.7.2 Applicability of Corrosion Control Treatment Steps for Small, Medium-Size and Large Water Systems:

6.1.7.2.1 Systems shall complete the applicable corrosion control treatment requirements described in subsection 6.1.7.3 by the deadlines established in this section.

6.1.7.2.1.1 A large system (serving >50,000 persons) shall complete the corrosion control treatment steps specified in subsection 6.1.7.2.4, unless it is deemed to have optimized corrosion control under subsection 6.1.7.2.2.2 or 6.1.7.2.2.3.

6.1.7.2.1.2 A small system (serving <3,300 persons) and a medium-size system (serving >3,300 and <50,000 persons) shall complete the corrosion control treatment steps specified in paragraph 6.1.7.2.5, unless it is deemed to have optimized corrosion control under subsections 6.1.7.2.2.1, 6.1.7.2.2.2 or 6.1.7.2.2.3.

6.1.7.2.2 A system is deemed to have optimized corrosion control and is not required to complete the applicable corrosion control treatment steps identified in this section if the system satisfies one of the following criteria specified in 6.1.7.2.2.1 through 6.1.7.2.2.3. Any such system deemed to have optimized corrosion control under this paragraph, and which has treatment in place, shall continue to operate and maintain optimal corrosion control treatment and meet any requirements that the Division determines appropriate to ensure that optimal corrosion control treatment is maintained.

6.1.7.2.2.1 A small or medium-size water system is deemed to have optimized corrosion control if the system meets the lead and copper action levels during each of two consecutive six-month monitoring periods conducted in accordance with subsection 6.1.7.7.

6.1.7.2.2.2 Any water system may be deemed by the Division to have optimized corrosion control treatment if the system demonstrates to the satisfaction of the Division that it has conducted activities equivalent to the corrosion control steps applicable to such system under this section. If the Division makes this determination, it shall provide the systems with written notice explaining the basis for its decision and shall specify the water quality control parameters representing optimal corrosion control in accordance with subsection 6.1.7.3.6. Water systems deemed to have optimized corrosion control under this paragraph shall operate in compliance with the Division-designated optimal water quality control parameters in accordance with subsection 6.1.7.3.7 and continue to conduct lead and copper tap and water quality parameter sampling in accordance with subsection 6.1.7.7.4.3 and subsection 6.1.7.8.4 respectively. A system shall provide the Division with the following information in order to support a determination under this paragraph.

6.1.7.2.2.2.1 The results of all test samples collected for each of the water quality parameters in section 6.1.7.3.3.3.

6.1.7.2.2.2.2 A report explaining the test methods used by the water system to evaluate the corrosion control treatments listed in subsection 6.1.7.3.3.1, the results of all tests conducted, and the basis for the system’s selection of optimal corrosion control treatment.

6.1.7.2.2.2.3 A report explaining how corrosion control has been installed and how it is being maintained to insure minimal lead and copper concentrations at consumer’s taps; and

6.1.7.2.2.2.4 The results of tap water samples collected in accordance with subsection 6.1.7.7 at least once every six months for one year after corrosion control has been installed.

6.1.7.2.2.3 Any water system is deemed to have optimized corrosion control if it submits results of tap water monitoring conducted in accordance with subsection 6.1.7.7 and source water monitoring conducted in accordance with subsection 6.1.7.9 that demonstrates for two consecutive six-month monitoring periods that the difference between the 90th percentile tap water lead level computed under subsection 6.1.7.1.1.3, and the highest source water lead concentration, is less than the Practical Quantitation Level (PQL) for lead specified in subsection 6.1.7.12.

6.1.7.2.2.3.1 Those systems whose highest source water lead level is below the Method Detection Limit may also be deemed to have optimized corrosion control under this paragraph if the 90th percentile tap water lead level is less than or equal to the Practical Quantitation Level for lead for two consecutive six-month monitoring periods.

6.1.7.2.2.3.2 Any water system deemed to have optimized corrosion control in accordance with this paragraph shall continue monitoring for lead and copper at the tap no less frequently than once every three calendar years using the reduced number of sites specified in subsection 6.1.7.7.3 and collect the samples at times and locations specified in subsection 6.1.7.7.4.4. Any such system that has not conducted a round of monitoring pursuant to subsection 6.1.7.7.4 since September 30, 1997, shall complete a round of monitoring pursuant to this paragraph no later than September 30, 2000.

6.1.7.2.2.3.3 Any water system deemed to have optimized corrosion control pursuant to this paragraph shall notify the Division in writing pursuant to section 6.1.7.10.1.3 of any upcoming long-term change in treatment or addition of a new source as described in that section. The division must review and approve the addition of a new source or long-term change in water treatment before it is implemented by the water system. The Division may require any such system to conduct additional monitoring or to take other action the Division deems appropriate to ensure that such systems maintain minimal levels of corrosion in the distribution system.

6.1.7.2.2.3.4 As of July 12, 2001 a system is not deemed to have optimized corrosion control under this paragraph, shall implement corrosion control treatment pursuant to section 6.1.7.2.2.3.5 unless it meets the copper action level.

6.1.7.2.2.3.5 Any system triggered into corrosion control because it is no longer deemed to have optimized corrosion control under this paragraph shall implement corrosion control treatment in accordance with the deadlines in subsection 6.1.7.2.5. Any such large system shall adhere to the schedule specified in that subsection for medium-sized systems, with the time periods for completing each step being triggered by the date the system is no longer deemed to have optimized corrosion control under this subsection.

6.1.7.2.3 Any small or medium-size water system that is required to complete the corrosion control steps due to its exceedance of the lead or copper action level may cease completing the treatment steps whenever the system meets both action levels during each of two consecutive monitoring periods conducted pursuant to subsection 6.1.7.7 and submits the results to the Division. If any such water system thereafter exceeds the lead or copper action level during any monitoring period, the system (or the Division, as the case may be) shall recommence completion of the applicable treatment steps, beginning with the first treatment step which was not previously completed in its entirety. The Division may require a system to repeat treatment steps previously completed by the system where the Division determines that this is necessary to properly implement the treatment requirements of this section. The Division shall notify the system in writing of such a determination and explain the basis for its decision. The requirement for any small or medium-size system to implement corrosion control treatment steps in accordance with subsection 6.1.7.2.5 (including systems deemed to have optimized corrosion control under subsection 6.1.7.2.2.1) is triggered whenever any small or medium-size system exceeds the lead or copper action level.

6.1.7.2.4 Treatment Steps and Deadlines for Large Systems:

6.1.7.2.4.1 Except as provided in subsections 6.1.7.2.2.2 and 6.1.7.2.2.3, large systems shall complete the following corrosion control treatment steps (described in the referenced portions of subsections 6.1.7.3, 6.1.7.7 and 6.1.7.8 by the indicated dates.

Step 1: The system shall conduct two six month initial monitoring periods by January 1, 1993.

Step 2: The system shall complete corrosion control studies, section 6.1.7.3.3, in 18 months, by July 1, 1994.

Step 3: The Division shall designate optimal corrosion control treatment, section 6.1.7.3.4, in 6 months, by January 1, 1995.

Step 4: The system shall install optimal corrosion control treatment, section 6.1.7.3.5, in 24 months, by January 1, 1997.

Step 5: The system shall complete follow-up sampling, section 6.1.7.7.4.2 and section 6.1.7.8.3, in 12 months, by January 1, 1998

Step 6: The Division shall review installation of treatment and designate optimal water quality control parameters, section 6.1.7.3.6, in 6 months, by July 1, 1998.

Step 7: The system shall operate in compliance with the Division-specified optimal water quality control parameters, section 6.1.7.3.7, and continue to conduct tap sampling, section 6.1.7.7.4 and section 6.1.7.8.4.

6.1.7.2.5 Treatment Steps and Deadlines for Small-and Medium-Size Systems:

6.1.7.2.5.1 Except as provided in subsection 6.1.7.2.2, small and medium-size systems shall complete the following corrosion control treatment steps (described in the referenced portions of subsections 6.1.7.3, 6.1.7.7 and 6.1.7.8 by the indicated time periods.

Step 1: The system shall conduct initial tap sampling, subsection 6.1.7.7.4.1 and subsection 6.1.7.8.2, until the system either exceeds the lead or copper action level or becomes eligible for reduced monitoring under subsection 6.1.7.7.4.4. A system exceeding the lead or copper action level shall recommend optimal corrosion control treatment, section 6.1.7.3.1, within six months after the end of the monitoring period during which it exceeds one of the action levels.

Step 2: Within 12 months after the end of the monitoring period during which a system exceeds the lead or copper action level, the Division may require the system to perform corrosion control studies (subsection 6.1.7.3.2). If the Division does not require the system to perform such studies, the Division shall specify optimal corrosion control treatment, (subsection 6.1.7.3.4) within the following time frames.

6.1.7.2.5.1.1 For medium-size systems, within 18 months after the end of the monitoring period during which such system exceeds the lead or copper action level.

6.1.7.2.5.1.2 For small systems, within 24 months after the end of the monitoring period during which such system exceeds the lead or copper action level.

Step 3: If the Division requires a system to perform corrosion control studies under step 2, the system shall complete the studies, subsection 6.1.7.3.3, within 18 months after the Division requires that such studies be conducted.

Step 4: If the system has performed corrosion control studies under step 2, the Division shall designate optimal corrosion control treatment, subsection 6.1.7.3.4, within 6 months after completion of step 3.

Step 5: The system shall install optimal corrosion control treatment, subsection 6.1.7.3.5, within 24 months after the Division designates optimal corrosion control treatment.

Step 6: The system shall complete follow-up sampling, subsection 6.1.7.7.4.2 and subsection 6.1.7.8.3, within 36 months after the Division designates optimal corrosion control treatment.

Step 7: The Division shall review the system’s installation of treatment and designate optimal water quality control parameters, subsection 6.1.7.3.6, within 6 months after completion of Step 6.

Step 8: The system shall operate in compliance with the Division-designated optimal water quality control parameters, subsection 6.1.7.3.7, and continue to conduct tap sampling, subsection 6.1.7.7.4.3 and subsection 6.1.7.8.4.

6.1.7.3 Description of Corrosion Control Treatment Requirements: Each System shall complete the corrosion control treatment requirements described below which are applicable to such systems under subsection 6.1.7.2.

6.1.7.3.1 System Recommendation Regarding Corrosion Control Treatment: Based upon the results of lead and copper tap monitoring and water quality parameter monitoring, small and medium-size water systems exceeding the lead or copper action level shall recommend installation of one or more of the corrosion control treatments listed in subsection 6.1.7.3.3.1 which the system believes constitutes optimal corrosion control for that system. The Division may require the system to conduct additional water quality parameter monitoring in accordance with subsection 6.1.7.8.2 to assist the Division in reviewing the system’s recommendation.

6.1.7.3.2 Division Decision to Require Studies of Corrosion Control Treatment (Applicable to Small and Medium-Size Systems): The Division may require any small or medium-size system that exceeds the lead or copper action level to perform corrosion control studies under subsection 6.1.7.3.3 to identify optimal corrosion control treatment for the system.

6.1.7.3.3 Performance of Corrosion Control Studies:

6.1.7.3.3.1 Any public water system performing corrosion control studies shall evaluate the effectiveness of each of the following treatments, and, if appropriate, combinations of the following treatments to identify the optimal corrosion control treatment for that system:

6.1.7.3.3.1.1 Alkalinity and pH adjustment;

6.1.7.3.3.1.2 Calcium hardness adjustment; and

6.1.7.3.3.1.3 The addition of a phosphate or silicate based corrosion inhibitor at a concentration sufficient to maintain an effective residual concentration in all test tap samples.

6.1.7.3.3.2 The water system shall evaluate each of the corrosion control treatments using either pipe ring/loop tests, metal coupon tests, partial-system tests, or analyses based on documented analogous treatments with other systems of similar size, water chemistry and distribution system configuration.

6.1.7.3.3.3 The water system shall measure the following water quality parameters in any tests conducted under this paragraph before and after evaluating the corrosion control treatment listed above:

Lead;

Copper;

pH;

Alkalinity;

Calcium;

Conductivity;

Orthophosphate (when an inhibitor containing a phosphate compound is used);

Silicate (when a inhibitor containing a silicate compound is used);

Water temperature.

6.1.7.3.3.4 The water system shall identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment and document such constraints with at least one of the following:

6.1.7.3.3.4.1 Data and documentation showing that a particular corrosion control treatment has adversely affected other water treatment processes when used by another water system with comparable water quality characteristics; and/or

6.1.7.3.3.4.2 Data and documentation demonstrating that the water system has previously attempted to evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely affects other water quality treatment processes.

6.1.7.3.3.4 The water system shall evaluate the effect of the chemicals used for corrosion control treatment on other water quality treatments processes.

6.1.7.3.3.5 On the basis of an analysis of the data generated during each evaluation, the water system shall recommend to the Division in writing the treatment option that the corrosion control studies indicate constitutes optimal corrosion control treatment for that system. The water system shall provide a rationale for its recommendation along with all supporting documentation specified in subsections 6.1.7.3.3.1 through 6.1.7.3.3.5.

6.1.7.3.4 Division Designation of Optimal Corrosion Control Treatment:

6.1.7.3.4.1 Based upon consideration of available information including, where applicable, studies performed under subsection 6.1.7.3.3 and a system’s recommended treatment alternative, the Division shall either approve the corrosion control treatment option recommended by the system, or designate alternative corrosion control treatment(s) from among those listed in subsection 6.1.7.3.3.1. When designating optimal treatment the Division shall consider the effects that additional corrosion control treatment will have on water quality parameters and on other quality treatment processes.

6.1.7.3.4.2 The Division shall notify the system of its decision on optimal corrosion control treatment in writing and explain the basis for this determination within 6 months of receiving follow up samples. If the Division requests additional information to aid its review, the water system shall provide the information.

6.1.7.3.5 Installation of Optimal Corrosion Control: Each system shall properly install and operate throughout its distribution system the optimal corrosion control treatment designated by the Division under subsection 6.1.7.3.4.

6.1.7.3.6 Division Review of Treatment and Specification of Optimal Water Quality Control Parameters: The Division shall evaluate the results of all lead and copper tap samples and water quality parameter samples submitted by the water system and determine whether the system has properly installed and operated the optimal corrosion control treatment designated by the Division in subsection 6.1.7.3.4. Upon reviewing the results of tap water and water quality parameter monitoring by the system, both before and after the system installs optimal corrosion control treatment, the Division shall designate:

6.1.7.3.6.1 A minimum value or a range of values for pH measured at each entry point to the distribution system;

6.1.7.3.6.2 A minimum pH value measured in all tap samples. Such value shall be equal to or greater than 7.0 unless the Division determines that meeting a pH level of 7.0 is not technologically feasible or is not necessary for the system to optimize corrosion control;

6.1.7.3.6.3 If a corrosion inhibitor is used, a minimum concentration or a range of concentrations for the inhibitor, measured at each entry point to the distribution system and in all tap samples, that the Division determines is necessary to form a passivating film on the interior walls of the pipes of the distribution system;

6.1.7.3.6.4 If alkalinity is adjusted as part of optimal corrosion control treatment, a minimum concentration or a range of concentrations for alkalinity, measured at each entry point to the distribution system and in all tap samples;

6.1.7.3.6.5 If calcium carbonate stabilization is used as part of corrosion control, a minimum concentration or a range of concentrations for calcium, measured in all tap samples. The values for the applicable water quality control parameters listed above shall be those that the Division determines to reflect optimal corrosion control treatment for the system. The Division may designate values for additional water quality control parameters determined by the Division to reflect optimal corrosion control for the system. The Division shall notify the system in writing of these determinations and explain the basis for its decisions.

6.1.7.3.7 Continued Operation and Monitoring: All systems shall continue to operate and maintain optimal corrosion control treatment, including maintaining water quality parameter values at or above minimum values or within ranges designated by the Division under subsection 6.1.7.3.6 in accordance with this paragraph for all samples collected under subsection 6.1.7.8.4 through 6.1.7.8.6. Compliance with requirements of this paragraph shall be determined every six months, as specified under subsection 6.1.7.8.4. A water system is out of compliance with the requirements of this paragraph for a six-month period if it has excursions for any Division-specified parameter on more than nine days during the period. An excursion occurs whenever the daily value for one or more of the water quality parameters measured at a sampling location is below the minimum value or outside the range designated by the Division. Daily values are calculated as follows. The Division has the discretion to delete results of obvious sampling errors from this calculation.

6.1.7.3.7.1 On days when more than one measurement for the water quality parameter is collected at the sampling location, the daily value shall be the average of all the results collected during the day regardless of whether they are collected through continuous monitoring, grab sampling, or a combination of both. If EPA has approved an alternative formula under 40 CFR section 142.16 of this chapter in the State’s application for a program revision submitted pursuant to 40 CFR section 142.12 of this chapter, the State’s formula shall be used to aggregate multiple measurements taken at a sampling point for the water quality parameter in lieu of the formula in this paragraph.

6.1.7.3.7.2 On days when only one measurement for the water quality parameter is collected at the sampling location, the daily value shall be that measurement.

6.1.7.3.7.3 On days when no measurement is collected for the water quality parameter at the sampling location, the daily value shall be the daily value calculated on the most recent day on which the water quality parameter was measured at the sampling location.

6.1.7.3.8 Modification of Division’s Corrosion Control Treatment Decision: Upon its own initiative, or in response to a request by the water system or other interested party, the Division may modify treatment determination. The requests in writing must explain why the change is appropriate and provide supporting documentation. The treatment may be changed when the Division determines that it is necessary for the water system to continue optimizing corrosion control. The Division’s decision must specify new treatment, explain the basis for its decision, and provide for implementation.

6.1.7.3.9 EPA Treatment Decisions in Lieu of the Division’s Decisions: The regional administrator may issue federal determinations in lieu of the Division’s determinations when:

6.1.7.3.9.1 The Division fails to issue a determination in a timely manner.

6.1.7.3.9.2 The Division abuses its discretion in a substantial number of cases or in cases affecting large populations.

6.1.7.3.9.3 The technical basis of the Division’s decision is indefensible in federal enforcement action(s).

6.1.7.4 Source Water Treatment Requirements: Systems shall complete the applicable source water monitoring and treatment requirements (described in the referenced portions of subsection 6.1.7.4.2, and in subsections 6.1.7.7 and 6.1.7.9 by the following deadlines:

6.1.7.4.1 Deadlines for Completing Source Water Treatment Steps:

Step 1: A system exceeding the lead or copper action level shall complete lead and copper source water monitoring (subsection 6.1.7.9.2) and make a treatment recommendation to the Division (subsection 6.1.7.4.2.1) no later than 180 days after the end of the monitoring period during which the lead or copper action level was exceeded.

Step 2: The Division shall make a determination regarding source water treatment, subsection 6.1.7.4.2.2 within 6 months after submission of monitoring results under step 1.

Step 3: If the Division requires installation of source water treatment, the system shall install the treatment, subsection 6.1.7.4.2.3, within 24 months after completion of step 2.

Step 4: The system shall complete follow-up tap water monitoring, subsection 6.1.7.7.4.2, and source water monitoring, subsection 6.1.7.9.3, within 36 months after completion of step 2.

Step 5: The Division shall review the system’s installation and operation of source water treatment and specify maximum permissible source water levels for lead and copper, subsection 6.1.7.4.2.4, within 6 months after completion of step 4.

Step 6: The system shall operate in compliance with the Division-specified maximum permissible lead and copper source water levels, subsection 6.1.7.4.2.4, and continue source water monitoring, subsection 6.1.7.9.4.

6.1.7.4.2 Description of Source Water Treatment Requirements:

6.1.7.4.2.1 System Treatment Recommendation: Any system which exceeds the lead or copper action level shall recommend in writing to the Division the installation and operation of one of the source water treatments listed in subsection 6.1.7.4.2.2. A system may recommend that no treatment be installed based upon a demonstration that source water treatment is not necessary to minimize lead and copper levels at users’ taps.

6.1.7.4.2.2 Division Determination Regarding Source Water Treatment: The Division shall complete an evaluation of the results of all source water samples submitted by the water system to determine whether source water treatment is necessary to minimize lead or copper levels in water delivered to users’ taps. If the Division determines that treatment is needed, the Division shall either require installation and operation of the source water treatment recommended by the system (if any) or require the installation and operation of another source water treatment from among the following: ion exchange, reverse osmosis, lime softening or coagulation/filtration. If the Division requests additional information to aid in its review, the water system shall provide the information by the date specified by the Division in its request. The Division shall notify the system in writing of its determination and set forth the basis for its decision.

6.1.7.4.2.3 Installation of Source Water Treatment: Each system shall properly install and operate the source water treatment designated by the Division under subsection 6.1.7.4.2.2.

6.1.7.4.2.4 Division Review of Source Water Treatment and Specification of Maximum Permissible Source Water Levels: The Division shall review the source water samples taken by the water system both before and after the system installs source water treatment, and determine whether the system has properly installed and operated the source water treatment designated by the Division. Based upon its review, the Division shall designate the maximum permissible lead and copper concentrations for finished water entering the distribution system. Such levels shall reflect the contaminant removal capability of the treatment properly operated and maintained. The Division shall notify the system in writing and explain the basis for its decision.

6.1.7.4.2.5 Continued Operation and Maintenance: Each water system shall maintain lead and copper levels below the maximum permissible concentrations designated by the Division at each sampling point monitored in accordance with subsection 6.1.7.9. The system is out of compliance with this paragraph if the level of lead or copper at any sampling point is greater than the maximum permissible concentration designated by the Division.

6.1.7.4.2.6 Modification of Division Treatment Decisions: Upon its own initiative or in response to a request by a water system or other interested party, the Division may modify its determination of the source water treatment under subsection 6.1.7.4.2.2, or maximum permissible lead and copper concentrations for finished water entering the distribution system under subsection 6.1.7.4.2.4. A request for modification by a system or other interested party shall be in writing, explain why the modification is appropriate, and provide supporting documentation. The Division may modify its determination where it concludes that such change is necessary to ensure that the system continues to minimize lead and copper concentrations in source water. A revised determination shall be made in writing and set forth the new treatment requirements, explain the basis for the Division’s decision and provide an implementation schedule for completing the treatment modifications.

6.1.7.4.2.7 EPA Treatment Decisions in Lieu of the Division’s Decisions: The regional administrator may issue federal determinations in lieu of the Division’s determination when:

6.1.7.4.2.7.1 The Division fails to issue a determination in a timely manner.

6.1.7.4.2.7.2 The Division abuses its discretion in a substantial number of cases or in cases affecting large populations.

6.1.7.4.2.7.3 The technical basis of the Division’s decision is indefensible in federal enforcement action(s).

6.1.7.5 Lead Service Line Replacement Requirements:

6.1.7.5.1 Systems that fail to meet the lead action level in tap samples taken pursuant to subsection 6.1.7.7.4.2 after installing corrosion control and/or source water treatment (whichever sampling occurs later) shall replace lead service lines in accordance with the requirements of this section. If a system is in violation of subsections 6.1.7.2 or 6.1.7.4 for failure to install source water or corrosion control treatment, the Division may require the system to commence lead service line replacement under this section after the date by which the system was required to conduct monitoring under subsection 6.1.7.7.4.2 has passed.

6.1.7.5.1.1 A system shall replace annually at least 7 percent of the initial number of lead service lines in its distribution system. The initial number of lead service lines is the number of lead lines in place at the time the replacement program begins. The systems shall identify the initial number of lead service lines in its distribution system, including an identification of the portion(s) owned by the system, based upon a materials evaluation, including the evaluation required under subsection 6.1.7.7.1 and relevant legal authorities (e.g., contracts, local ordinances) regarding the portion owned by the system. The first year of lead service line replacement shall begin on the first day following the end of the monitoring period in which the action level was exceeded under subsection 6.1.7.5.1. If monitoring is required annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs. If the Division has established an alternate monitoring period, then the end of the monitoring period will be the last day of that period.

6.1.7.5.1.2 Any water system resuming a lead service line replacement program after the cessation of its lead service line replacement program as allowed by subsection 6.1.7.5.6 shall update its inventory of lead service lines to include those sites that were previously determined not to require replacement through the sampling provision under subsection 6.1.7.5.3. The system will then divide the updated number of remaining lead service lines by the number of remaining years in the program to determine the number of lines that must be replaced per year (7 percent lead service line replacement is based on a 15-year replacement program, so, for example, systems resuming lead service line replacement after previously conducting two years of replacement would divide the updated inventory by 13). For those systems that have completed a 15-year lead service line replacement program, the Division will determine a schedule for replacing or retesting lines that were previously tested under the replacement program when the system re-exceeds the action level.

6.1.7.5.3 A system is not required to replace an individual lead service line if the lead concentration in all service line samples from that line taken pursuant to subsection 6.1.7.7.2.3, is less than or equal to 0.015 mg/L.

6.1.7.5.4 A water system shall replace the entire service line (up to the building inlet) unless it demonstrates to the satisfaction of the Division under subsection 6.1.7.5.5 that it controls less than the entire service line. In such cases, the system shall replace the portion of the line which the Division determines is under the system’s control. The system shall notify the user served by the line that the system will replace the portion of the service line under its control and shall offer to replace the building owner’s portion of the line, but is not required to bear the cost of replacing the building owner’s portion of the line. For buildings where only a portion of the lead service line is replaced, the water system shall inform the resident(s) that the system will collect a first flush tap water sample after partial replacement of the service line is completed if the resident(s) so desire. In cases where the resident(s) accept the offer, the system shall collect the sample and report the results to the resident(s) within 14 days following partial lead service replacement.

6.1.7.5.4.1 At least 45 days prior to commencing with the partial replacement of a lead service line, the water system shall provide notice to the resident(s) of all buildings served by the line explaining that they may experience a temporary increase in lead levels in their drinking water, along with guidance on measures consumers can take to minimize their exposure to lead. The Division may allow the water system to provide notice under the previous sentence less than 45 days prior to commencing partial lead service line replacement where such replacement is in conjunction with emergency repairs. In addition, the water system shall inform the resident(s) served by the line that the system will, at the system’s expense, collect a sample from each partially-replaced lead service line that is representative of the water in the service line for analysis of lead content, as prescribed under subsection 6.1.7.7.2.3, within 72 hours after completion of the partial replacement of the service line. The system shall collect the sample and report the results of the analysis to the owner and the resident(s) served by the line within three business days of receiving the results. Mailed notices post-marked within three business days of receiving the results shall be considered “on time.”

6.1.7.5.4.2 The water system shall provide the information required by subsection 6.1.7.5.4.1 to the residents of individual dwellings by mail or by other methods approved by the Division. In instances where multi-family dwellings are served by the line, the water system shall have the option to post the information at a conspicuous location.

6.1.7.5.5 A water system is presumed to control the entire lead service line (up to the building inlet) unless the system demonstrates to the satisfaction of the Division, in a letter submitted under subsection 6.1.7.10.5.4, that it does not have any of the following forms of control over the entire line (as defined by Division statutes, municipal ordinances, public service contracts or other applicable legal authority); authority to set standards for construction, repair, or maintenance of the line, authority to replace, repair, or maintain the service line, or ownership of the service line. The Division shall review the information supplied by the system and determine whether the system controls less than the entire service line, in such cases, shall determine the extent of the system’s control. The Division’s determination shall be in writing and explain the basis for its decision.

6.1.7.5.6 The Division shall require a system to replace lead service lines on a shorter schedule than that required by this section, taking into account the number of lead service lines in the system, where such a shorter replacement schedule is feasible. The Division shall make this determination in writing and notify the system of its finding within 6 months after the system is triggered into lead service line replacement based on monitoring referenced in subsection 6.1.7.5.1.

6.1.7.5.7 Any system may cease replacing lead service lines whenever first draw samples collected pursuant to subsection 6.1.7.7.2.2 meet the lead action level during each of two consecutive monitoring periods and the system submits the results to the Division. If the first draw samples in any such water system thereafter exceeds the lead action level, the system shall recommence replacing lead service lines, pursuant to subsection 6.1.7.5.2.

6.1.7.5.8 To demonstrate compliance with subsections 6.1.7.5.1 through 6.1.7.5.4, a system shall report to the Division the information specified in subsection 6.1.7.10.5.

6.1.7.6 Public education and supplemental monitoring requirements. All water systems must deliver a consumer notice of lead tap water monitoring results to persons served by the water system at sites that are tested, as specified in subsection 6.1.7.6.4. A water system that exceeds the lead action level based on tap water samples collected in accordance with subsection 6.1.7.7 shall deliver the public education materials contained in subsection 6.1.7.6.1 in accordance with the requirements of subsection 6.1.7.6.2. Water systems that exceed the lead action level must sample the tap water of any customer who requests it in accordance with subsection 6.1.7.6.3.

6.1.7.6.1 Content of written public education materials.

6.1.7.6.1.1 Community water systems and non-transient non-community water systems. Water systems must include the following elements in printed materials (e.g., brochures and pamphlets) in the same order as listed below. In addition, language in subsections 6.1.7.6.1.1.1 through 6.1.7.6.1.1.2 and 6.1.7.6.1.1.6 must be included in the materials, exactly as written, except for the text in brackets in these sections for which the water system must include system-specific information. Any additional information presented by a water system must be consistent with the information below and be in plain language that can be understood by the general public. Water systems must submit all written public education materials to the Division prior to delivery. The Division may require the system to obtain approval of the content of written public materials prior to delivery.

6.1.7.6.1.1.1 IMPORTANT INFORMATION ABOUT LEAD IN YOUR DRINKING WATER [INSERT NAME OF WATER SYSTEM] found elevated levels of lead in drinking water in some homes/buildings. Lead can cause serious health problems, especially for pregnant women and young children. Please read the information closely to see what you can do to reduce lead in your drinking water.

6.1.7.6.1.1.2 Health effects of lead. Lead can cause serious health problems if too much enters your body from drinking water or other sources. It can cause damage to the brain and kidneys, and can interfere with the production of red blood cells that carry oxygen to all parts of your body. The greatest risk of lead exposure is to infants, young children, and pregnant women. Scientists have linked the effects of lead on the brain with lowered IQ in children. Adults with kidney problems and high blood pressure can be affected by low levels of lead more than healthy adults. Lead is stored in the bones, and it can be released later in life. During pregnancy, the child receives lead from the mother’s bones, which may affect development.

6.1.7.6.1.1.3 Sources of lead.

6.1.7.6.1.1.3.1 Explain what lead is.

6.1.7.6.1.1.3.2 Explain possible sources of lead in drinking water and how lead enters drinking water. Include information on home/building plumbing materials and service lines that may contain lead.

6.1.7.6.1.1.3.3 Discuss other important sources of lead exposure in addition to drinking water (e.g., paint).

6.1.7.6.1.1.4 Discuss the steps the consumer can take to reduce their exposure to lead in drinking water.

6.1.7.6.1.1.4.1 Encourage running the water to flush out the lead.

6.1.7.6.1.1.4.2 Explain the concerns with using hot water from the tap and specifically caution against use of hot water for preparing baby formula.

6.1.7.6.1.1.4.3 Explain that boiling water does not reduce lead levels.

6.1.7.6.1.1.4.4 Discuss other options consumers can take to reduce exposure to lead in drinking water, such as alternative sources or treatment of water.

6.1.7.6.1.1.4.5 Suggest that parents have their child’s blood tested for lead.

6.1.7.6.1.1.5 Explain why there are elevated levels of lead in the system’s drinking water (if known) and what the water system is doing to reduce the lead levels in homes/buildings in this area.

6.1.7.6.1.1.6 For more information, call us at [INSERT YOUR PHONE NUMBER] [(IF APPLICABLE), or visit our website at [INSERT YOUR WEBSITE HERE)]. For more information on reducing lead exposure around your home/building and the health effects of lead, visit EPA’s Web site at http://www.epa.gov/lead or contact your health care provider.

6.1.7.6.1.2 Community water systems. In addition to including the elements specified in subsection 6.1.7.6.1.1 community water systems must:

6.1.7.6.1.2.1 Tell consumers how to get their water tested.

6.1.7.6.1.2.2 Discuss lead in plumbing components and the difference between low lead and lead free.

6.1.7.6.2 Delivery of public education material.

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

6.1.7.6.2.2 A community water system that exceeds the lead action level on the basis of tap water samples collected in accordance with subsection 6.1.7.7, and that is not already conducting public education tasks under this section, must conduct the public education tasks under this section within 60 days after the end of the monitoring period in which the exceedance occurred:

6.1.7.6.2.2.1 Deliver printed materials meeting the content requirements of subsection 6.1.7.6.1 to all bill paying customers.

6.1.7.6.2.2.2.1 Contact customers who are most at risk by delivering education materials that meet the content requirements of subsection 6.1.7.6.1 to local public health agencies even if they are not located within the water system’s service area, along with an informational notice that encourages distribution to all the organization’s potentially affected customers or community water system’s users. The water system must contact the local public health agencies directly by phone or in person. The local public health agencies may provide a specific list of additional community based organizations serving target populations, which may include organizations outside the service area of the water system. If such lists are provided, systems must deliver education materials that meet the content requirements of subsection 6.1.7.6.1 to all organizations on the provided lists.

6.1.7.6.2.2.2.2 Contact customers who are most at risk by delivering materials that meet the content requirements of subsection 6.1.7.6.1 to the following organizations listed in 6.1.7.6.2.2.2.2.1 through 6.1.7.6.2.2.2.2.6 that are located within the water system’s service area, along with an informational notice that encourages distribution to all the organization’s potentially affected customers or community water system’s users:

6.1.7.6.2.2.2.2.1 Public and private schools or school boards.

6.1.7.6.2.2.2.2.2 Women, Infants and Children (WIC) and Head Start Programs.

6.1.7.6.2.2.2.2.3 Public and private hospitals and medical clinics.

6.1.7.6.2.2.2.2.4 Pediatricians.

6.1.7.6.2.2.2.2.5 Family planning clinics.

6.1.7.6.2.2.2.2.6 Local welfare agencies.

6.1.7.6.2.2.2.3 Make a good faith effort to locate the following organizations within the service area and deliver materials that meet the content requirements of subsection 6.1.7.6.1 to them, along with an informational notice that encourages distribution to all potentially affected customers or users. The good faith effort to contact at-risk customers may include requesting a specific list of these organizations from the local public health agencies, even if the agencies are not located within the water system’s service area:

6.1.7.6.2.2.2.3.1 Licensed childcare centers

6.1.7.6.2.2.2.3.2 Public and private preschools

6.1.7.6.2.2.2.3.3 Obstetricians-Gynecologists and Midwives.

6.1.7.6.2.2.3 No less often than quarterly, provide information on or in each water bill as long as the system exceeds the action level for lead. The message on the water bill must include the following statement exactly as written except for the test in brackets for which the water system must include system-specific information: [INSERT NAME OF WATER SYSTEM] found high levels of lead in drinking water in some homes. Lead can cause serious health problems. For more information please call [INSERT NAME OF WATER SYSTEM] [or visit (INSERT YOUR WEBSITE HERE)] The message or delivery mechanism can be modified in consultation with the Division; specifically, the Division may allow a separate mailing of public education materials to customers if the waster system cannot place the information on water bills.

6.1.7.6.2.2.4 Post material meeting the content requirements of section 6.1.7.6.1 on the water system’s website if the system serves a population greater than 100,000.

6.1.7.6.2.2.5 Submit a press release to newspaper, television and radio stations.

6.1.7.6.2.2.6 In addition to subsections 6.1.7.6.2.2.1 through 6.1.7.6.2.2.5, systems must implement at least three activities from one of the categories listed below. The educational content and selection of these activities must be determined in consultation with the Division.

6.1.7.6.2.2.6.1 Public Service Announcements.

6.1.7.6.2.2.6.2 Paid advertisements.

6.1.7.6.2.2.6.3 Public Area Information Displays.

6.1.7.6.2.2.6.4 Emails to customers.

6.1.7.6.2.2.6.5 Public meetings.

6.1.7.6.2.2.6.6 Household deliveries.

6.1.7.6.2.2.6.7 Targeted individual customer contact.

6.1.7.6.2.2.6.8 Direct material distribution to all multi-family homes and institutions.

6.1.7.6.2.2.6.9 Other methods approved by the Division.

6.1.7.6.2.2.7 For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the Division has established an alternative monitoring period, the last day of that period.

6.1.7.6.2.3 As long as a community water system exceeds the action level, it must repeat the activities pursuant to subsection 6.1.7.6.2.2 as described in subsections 6.1.7.6.2.3.1 through 6.1.7.6.2.3.4.

6.1.7.6.2.3.1 A community water system shall repeat the tasks contained in subsections 6.1.7.6.2.2.1, 6.1.7.6.2.2.2 and 6.1.7.6.2.2.6 every 12 months.

6.1.7.6.2.3.2 A community water system shall repeat the tasks contained in section 6.1.7.6.2.2.3 with every billing cycle.

6.1.7.6.2.3.3 A community water system serving a population greater than 100,000 shall post and retain material on a publicly accessible website pursuant to subsection 6.1.7.6.2.2.4.

6.1.7.6.2.3.4 The community water system shall repeat the task in subsection 6.1.7.6.2.2.5 twice every 12 months on a schedule agreed upon with the Division. The Division can allow activities in subsection 6.1.7.6.2.2 to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the Division in advance of the 60-day deadline.

6.1.7.6.2.4 Within 60 days after the end of the monitoring period in which the exceedence occurred (unless it already is repeating public education tasks pursuant to section 6.1.7.6.2.5), a non-transient non-community water system shall deliver the public education materials specified by subsection 6.1.7.6.1 as follows:

6.1.7.6.2.4.1 Post informational posters on lead in drinking water in a public place or common area in each of the buildings served by the system; and

6.1.7.6.2.4.2 Distribute informational pamphlets and/or brochures on lead in drinking water to each person served by the non-transient non-community water system. The Division may allow the system to utilize electronic transmission in lieu of or combined with printed materials as long as it achieves at least the same coverage.

6.1.7.6.2.4.3 For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the Division has established an alternate monitoring period, the last day of that period.

6.1.7.6.2.5 A non-transient non-community water system shall repeat the tasks contained in section 6.1.7.6.2.4 at least once during each calendar year in which the system exceeds the lead action level. The Division can allow activities in subsection 6.1.7.6.4 to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the Division in advance of the 60-day deadline.

6.1.7.6.2.6 A water system may discontinue delivery of public education materials if the system has met the lead action level during the most recent six-month monitoring period conducted pursuant to subsection 6.1.7.7. Such a system shall recommence public education in accordance with this section if it subsequently exceeds the lead action level during any monitoring period.

6.1.7.6.2.7 A community water system may apply to the Division, in writing (unless the Division has waived the requirement for prior Division approval), to use only the text specified in section 6.1.7.6.1.1 in lieu of the text in subsections 6.1.7.6.1.1 and 6.1.7.6.1.2 and to perform the tasks listed in subsections 6.1.7.6.2.4 and 6.1.7.6.2.5 in lieu of the tasks listed in subsections 6.1.7.6.2.2 and 6.1.7.6.2.3 if:

6.1.7.6.2.7.1 The system is a facility, such as a prison or a hospital, where the population served is not capable of or is prevented from making improvements to plumbing or installing point of use treatment devices; and,

6.1.7.6.2.7.2 The system provides water as part of the cost of services provided and does not separately charge for water consumption.

6.1.7.6.2.8 A community water system serving 3,300 or fewer people may limit certain aspects of their public education programs as follows:

6.1.7.6.2.8.1 With respect to the requirements of subsection 6.1.7.6.2.2.6, a system serving 3,300 or fewer people must implement at least one of activities listed in that section.

6.1.7.6.2.8.2 With respect to the requirements of subsection 6.1.7.6.2.2.2, a system serving 3,300 or fewer people may limit the distribution of the public education materials required under that section to facilities and organizations served by the system that are most likely to be visited regularly by pregnant women and children.

6.1.7.6.2.8.3 With respect to the requirements of subsection 6.1.7.6.2.5, the Division may waive this requirement for systems serving 3,300 or fewer people as long as the system distributes notices to every household served by the system.

6.1.7.6.3 Supplemental monitoring and notification of results. A water system that fails to meet the lead action level on the basis of tap samples collected in accordance with subsection 6.1.7.7 shall offer to sample the tap water of any customer who requests it. The system is not required to pay for collecting or analyzing the sample, nor is the system required to collect and analyze the sample itself.

6.1.7.6.4 Notification of results.

6.1.7.6.4.1 Reporting requirement. All water systems must provide a notice of the individual tap results from the lead tap water monitoring carried out under the requirements of 6.1.7.7 to the persons served by the water system at the specific sample site from which the sample was taken (e.g., the occupants of the residence where the tap was tested).

6.1.7.6.4.2 Timing of notification. A water system must provide the consumer notice as soon as practical, but no later than 30 days after the system learns of the tap monitoring results.

6.1.7.6.4.3 Content. The consumer notice must include the results of the lead tap water monitoring for the tap that was tested, an explanation of the health effects of lead, list steps consumers can take to reduce exposure to lead in drinking water and contact information for the water utility. The notice must also provide the maximum contaminant level goal and the action level for lead and the definitions for those terms from subsection 4.3.3.3.

6.1.7.6.4.4 Delivery. The consumer notice must be provided to persons served at the tap that was tested, either by mail or by another method approved by the Division. For example, upon approval by the Division, a non-transient non-community water system could post the results on a bulletin board in the facility to allow users to review the information. The system must provide the notice to customers at sample taps tested, including consumers who do not receive water bills.

6.1.7.7 Monitoring Requirements for Lead and Copper in Tap Water:

6.1.7.7.1 Sample Site Location:

6.1.7.7.1.1 By the applicable date for commencement of monitoring under subsection 6.1.7.7.4.1, each water system shall complete a materials evaluation of its distribution system in order to identify a pool of targeted sampling sites that meets the requirements of this section, and which is sufficiently large enough to ensure that the water system can collect the number of lead and copper tap samples required in subsection 6.1.7.7.3. All large systems shall have established targeted sampling sites by January 1,1992; all medium size systems by July 1, 1992; and all small systems by July 1, 1993. All sites from which first draw samples are collected shall be selected from this pool of targeted sampling sites. Sampling sites may not include faucets that have point-of-use or point-of-entry treatment devices designed to remove inorganic contaminants.

6.1.7.7.1.2 A water system shall use the information on lead, copper, and galvanized steel that is required to collect under subsection 7.2.4 of these regulations (special monitoring for corrosivity characteristics) when conducting a materials evaluation. When an evaluation of the information collected pursuant to subsection 7.2.4 is insufficient to locate the requisite number of lead and copper sampling sites that meet the targeting criteria in subsection 6.1.7.7.1, the water system shall review the sources of information listed below in order to identify a sufficient number of sampling sites. In addition, the system shall seek to collect such information where possible in the course of its normal operations (e.g., checking service line materials when reading water meters or performing maintenance activities):

6.1.7.7.1.2.1 All plumbing codes, permits, and records in the files of the building department(s) which indicate the plumbing materials that are installed within publicly and privately owned structures connected to the distribution system;

6.1.7.7.1.2.2 All inspections and records of the distribution system that indicate the material composition of the service connections that connect a structure to the distribution system; and

6.1.7.7.1.2.3 All existing water quality information, which includes the results of all prior analyses of the system or individual structures connected to the system, indicating locations that may be particularly susceptible to high lead or copper concentrations.

6.1.7.7.1.3 The sampling sites selected for a community water system’s sampling pool (“tier 1 sampling sites”) shall consist of single family structures that:

6.1.7.7.1.3.1 Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or

6.1.7.7.1.3.2 Are served by a lead service line. When multiple-family residences comprise at least 20 percent of the structures served by a water system, the system may include these types of structures in its sampling pool.

6.1.7.7.1.4 Any community water system with insufficient tier 1 sampling sites shall complete its sampling pool with “tier 2 sampling sites”, consisting of buildings, including multiple-family residences that:

6.1.7.7.1.4.1 Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or

6.1.7.7.1.4.2 are served by a lead service line.

6.1.7.7.1.5 Any community water system with insufficient tier 1 and tier 2 sampling sites shall complete its sampling pool with “tier 3 sampling sites”, consisting of single family structures that contain copper pipes with lead solder installed before 1983. A community water system with insufficient tier 1, tier 2, and tier 3 sampling sites shall complete its sampling pool with representative sites throughout the distribution system. For the purpose of this paragraph, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the system.

6.1.7.7.1.6 The sampling sites selected for a non-transient non-community water system (“tier 1 sampling sites”) shall consist of buildings that:

6.1.7.7.1.6.1 Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or

6.1.7.7.1.6.2 Are served by a lead service line.

6.1.7.7.1.7 A non-transient non-community water system with insufficient tier 1 sites that meet the targeting criteria in subsection 6.1.7.7.1.6 shall complete its sampling pool with tier 2 sampling sites that contain copper pipes with lead solder installed before 1983. If additional sites are needed to complete the sampling pool, the non-transient non-community water system shall use representative sites throughout the distribution system. For the purpose of this paragraph, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the water system.

6.1.7.7.1.8 Any water system whose distribution system contains lead service lines shall draw 50 percent of the samples it collects during each monitoring period from sites that contain lead pipes, or copper pipes with lead solder, and 50 percent of those samples from sites served by a lead service line. A water system that cannot identify a sufficient number of sampling sites served by a lead service line shall collect first-draw samples from all of the sites identified as being served by such lines.

6.1.7.7.2 Sample Collection Methods:

6.1.7.7.2.1 All tap samples for lead and copper collected in accordance with this section, with the exception of lead service line samples collected under subsection 6.1.7.5.3 and samples collected under subsection 6.1.7.7.2.5, shall be first draw samples.

6.1.7.7.2.2 Each first-draw tap sample for lead and copper shall be one liter in volume and have stood motionless in the plumbing system of each sampling site for at least six hours. First-draw samples from residential housing shall be collected from the cold-water kitchen tap or bathroom sink tap. First-draw samples from a non-residential building shall be one liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. Non-first-draw samples collected in lieu of first-draw samples pursuant to subsection 6.1.7.7.2.5 shall be one liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. First-draw samples may be collected by the system or the system may allow residents to collect first-draw samples after instructing the residents of the sampling procedures specified in this paragraph. To avoid problems of residents handling nitric acid, acidification of first-draw samples may be done up to 14 days after the sample is collected. After acidification to resolubilize the metals, the sample must stand in the original container for the time specified in the approved EPA method before the sample can be analyzed. If a system allows residents to perform sampling, the system may not challenge, based on the alleged errors in sample collection, the accuracy of sampling results.

6.1.7.7.2.3 Each service line sample shall be one liter in volume and have stood motionless in the lead service line for at least six hours. Lead service line samples shall be collected in one of the following three ways:

6.1.7.7.2.3.1 At the tap after flushing the volume of water between the tap and the lead service line. The volume of water shall be calculated based on the interior diameter and length of the pipe between the tap and the lead service line;

6.1.7.7.2.3.2 Tapping directly into the lead service line; or

6.1.7.7.2.3.3 If the sampling site is a building constructed as a single-family residence, allowing the water to run until there is a significant change in temperature which would be indicative of water that has been standing in the lead service line.

6.1.7.7.2.4 A water system shall collect each first-draw tap sample from the same sampling site from which it collected a previous sample. If, for any reason, the water system cannot gain entry to a sampling site in order to collect a follow-up tap sample, the system may collect the follow-up tap sample from the pool as long as the new site meets the same targeting criteria, and is within reasonable proximity of the original site.

6.1.7.7.2.5 A non-transient non-community water system, or a community water system that meets the criteria of subsection 6.1.7.6.2.7 that does not have enough taps that can supply first-draw samples as defined in subsection 6.1.7.7.2.2, may apply to the Division in writing to substitute non-first-draw samples. Such systems must collect as many first-draw samples from appropriate taps as possible and identify sampling times and locations that would likely result in the longest standing time for the remaining sites. The Division has the discretion to waive the requirement for prior Division approval of non-first-draw sample sites selected by the system, either through regulation or written notification to the system.

6.1.7.7.2.6 Invalidation of lead and copper tap samples. A sample invalidated under this paragraph does not count toward determining lead or copper 90th percentile levels under subsection 6.1.7.1.1 or toward the minimum monitoring requirements of subsection 6.1.7.7.3.

6.1.7.7.2.6.1 The Division may invalidate a lead or copper tap sample at least if one of the following conditions is met.

6.1.7.7.2.6.1.1 The laboratory establishes that improper sample analysis caused erroneous results.

6.1.7.7.2.6.1.2 The Division determines that the sample was taken from a site that did not meet the site selection criteria of this section.

6.1.7.7.2.6.1.3 The sample container was damaged in transit.

6.1.7.7.2.6.1.4 There is substantial reason to believe that the sample was subject to tampering.

6.1.7.7.2.6.2 The system must report the results of all samples to the Division and all supporting documentation for samples the systems believes should be invalidated.

6.1.7.7.2.6.3 To invalidate a sample under subsection 6.1.7.7.2.6.1 the decision and the rationale for the decision must be documented in writing. The Division may not invalidate a sample solely on the grounds that a follow-up sample result is higher or lower than that of the original sample.

6.1.7.7.2.6.4 The system must collect replacement samples for any samples invalidated under this section if, after the invalidation of one or more samples, the system has too few samples to meet the minimum requirements of subsection 6.1.7.7.3. Any such replacement samples must be taken as soon as possible, but no later than 20 days after the date the Division invalidates the sample or by the end of the applicable monitoring period, whichever occurs later. Replacement samples taken after the end of the applicable monitoring period shall not also be used to meet the monitoring requirements of a subsequent monitoring period. The replacement samples shall be taken at the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the monitoring period.

6.1.7.7.3 Number of Samples: Water systems shall collect at least one sample during each monitoring period specified in subsection 6.1.7.7.4 from the number of sites listed in the second column below (“standard monitoring”). A system conducting reduced monitoring under subsection 6.1.7.7.4.4 shall collect one sample from the number of sites specified in the third column (“reduced monitoring”) below during each monitoring period specified in section 6.1.7.7.4.4. Such reduced monitoring sites shall be representative of the sites required for standard monitoring. A public water system that has fewer than five drinking water taps, that can be used for human consumption meeting the sample site criteria of section 6.1.7.7.1 to reach the required number of sample sites listed in subsection 6.1.7.7.3, must collect at least one sample from each tap and then must collect additional samples from those taps on different days during the monitoring period to meet the required number of sites. Alternatively the Division may allow these public water systems to collect a number of samples less than the number of sites specified in subsection 6.1.7.7.3, provided that 100 percent of all taps that can be used for human consumption are sampled. The Division must approve this reduction of the minimum number of samples in writing based on a request from the system or onsite verification by the Division. The Division may specify sampling locations when a system is conducting reduced monitoring. The table is as follows:

6.1.7.7.4 Timing of Monitoring:

6.1.7.7.4.1 Initial Tap Sampling: The first six-month monitoring period for small, medium-size and large systems shall begin on the following dates:

6.1.7.7.4.1.1 All large systems shall monitor during two consecutive six-month periods.

6.1.7.7.4.1.2 All small and medium-size systems shall monitor during each six-month monitoring period until:

6.1.7.7.4.1.2.1 The system exceeds the lead or copper action level and is therefore required to implement the corrosion control treatment requirements under subsection 6.1.7.2 in which case the system shall continue monitoring in accordance with subsection 6.1.7.7.4.2, or

6.1.7.7.4.1.2.2 The system meets the lead and copper action levels during two consecutive six-month monitoring periods, in which case the system may reduce monitoring in accordance with subsection 6.1.7.7.4.4.

6.1.7.7.4.2 Monitoring after Installation of Corrosion Control and Source Water Treatment:

6.1.7.7.4.2.1 Any large system which installs optimal corrosion control treatment pursuant to section 6.1.7.2.4 Step 4 shall monitor during two consecutive six-month periods by the date specified in subsection 6.1.7.2.4 Step 5.

6.1.7.7.4.2.2 Any small or medium-size system which installs optimal corrosion control treatment pursuant to subsection 6.1.7.2.5 Step 5 shall monitor during two consecutive six-month periods by the date specified in subsection 6.1.7.2.5 Step 6.

6.1.7.7.4.2.3 Any system which installs source water treatment pursuant to subsection 6.1.7.4.1 Step 3 shall monitor during two consecutive six-month periods by the date specified in subsection 6.1.7.4.1 Step 4.

6.1.7.7.4.3 Monitoring after Division specifies Water Quality Parameter Values for Optimal Corrosion Control: After the Division specifies the values for water quality control parameters under subsection 6.1.7.3.6, the system shall monitor during each subsequent six-month monitoring period, with the first monitoring period to begin on the date the Division specifies the optimal values under subsection 6.1.7.3.6.

6.1.7.7.4.4 Reduced Monitoring:

6.1.7.7.4.4.1 A small or medium-size water system that meets the lead and copper action levels during each of two consecutive six-month monitoring periods may reduce the number of samples in accordance with subsection 6.1.7.7.3, and reduce the frequency of sampling to once per year. A small or medium water system collecting fewer than five samples as specified in subsection 6.1.7.7.3, that meets the lead and copper action levels during each of two consecutive six-month monitoring periods may reduce the frequency of sampling to once per year. In no case can the system reduce the number of samples required below the minimum of one sample per available tap. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period.

6.1.7.7.4.4.2 Any water system that meets the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the Division under subsection 6.1.7.3.6 during each of two consecutive six-month monitoring periods may reduce the frequency of monitoring to once per year and to reduce the number of lead and copper samples in accordance with subsection 6.1.7.7.3 if it receives written approval from the Division. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period. The Division shall review monitoring, treatment and other relevant information submitted by the water system in accordance with subsection 6.1.7.10, and shall notify the system in writing when it determines the system is eligible to commence reduced monitoring pursuant to this paragraph. The Division shall review, and where appropriate, revise its determination when the system submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.

6.1.7.7.4.4.3 A small or medium-size water system that meets the lead and copper action levels during three consecutive years of monitoring may reduce the frequency of monitoring for lead and copper from annually to once every three years. Any water system that meets the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the Division under subsection 6.1.7.3.6 during three consecutive years of monitoring may reduce the frequency of monitoring from annually to once every three years if it receives written approval from the Division. Samples collected once every three years shall be collected no later than every third calendar year. The Division shall review monitoring, treatment and other relevant information submitted by the water system in accordance with subsection 6.1.7.10 and shall notify the system in writing when it determines the system is eligible to reduce the frequency of monitoring to once every three years. The Division shall review, and where appropriate, revise its determination when the system submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.

6.1.7.7.4.4.4 A water system that reduces the number and frequency of sampling shall collect these samples from sites included in the pool of targeted sampling sites identified in subsection 6.1.7.7.1. Systems sampling annually or less frequently shall conduct the lead and copper tap sampling during the months of June, July, August or September unless the Division has approved a different sampling period in accordance with section 6.1.7.7.4.4.4.1.

6.1.7.7.4.4.4.1 The Division, at its discretion, may approve a different period for conducting the lead and copper tap sampling for systems collecting a reduced number of samples. Such a period shall be no longer than four consecutive months and must represent a time of normal operation where the highest levels of lead are most likely to occur. For a non-transient non-community water system that does not operate during the months of June through September, and for which the period of normal operation where the highest levels of lead are most likely to occur is not known, The Division shall designate a period that represents a time of normal operation for the system. This sampling shall begin during the period approved or designated by the Division in the calendar year immediately following the end of the second consecutive six-month monitoring period for systems initiating annual monitoring and during the three-year period following the end of the third consecutive calendar year of annual monitoring for systems initiating triennial monitoring.

6.1.7.7.4.4.4.2 Systems monitoring annually, that have been collecting samples during the months of June through September and that receive Division approval to alter their sample collection period under subsection 6.1.7.7.4.4.4.1, must collect their next round of samples during a time period that ends no later than 21 months after the previous round of sampling. Systems monitoring triennially that have been collecting samples during the months of June through September, and receive Division approval to alter the sampling collection period as per subsection 6.1.7.7.4.4.4.1, must collect their next round of samples during a time period that ends no later than 45 months after the previous round of sampling. Subsequent rounds of sampling must be collected annually or triennially, as required by this section. Small systems with waivers, granted pursuant to subsection 6.1.7.7.6, that have been collecting samples during the months of June through September and receive Division approval to alter their sample collection period under subsection 6.1.7.7.4.4.4.1 must collect their next round of samples before the end of the 9-year period.

6.1.7.7.4.4.5 Any water system that demonstrates for two consecutive 6-month monitoring periods that the tap water lead level computed under subsection 6.1.7.1.1.3 is less than or equal to 0.005 mg/L and the tap water copper level computed under subsection 6.1.7.1.1.3 is less than or equal to 0.65 mg/L may reduce the number of samples in accordance with subsection 6.1.7.7.3 and reduce the frequency of sampling to once every three calendar years.

6.1.7.7.4.4.6 Return to standard monitoring after failure to meet action levels or operate within specified water quality parameters.

6.1.7.7.4.4.6.1 A small or medium-size water system subject to reduced monitoring that exceeds the lead or copper action levels shall resume sampling in accordance with subsection 6.1.7.7.4.4.3 and collect the number of samples specified for standard monitoring under subsection 6.1.7.7.3. Such a system shall also conduct water quality parameter monitoring in accordance with subsection 6.1.7.8.2, 6.1.7.8.3 or 6.1.7.8.4 (as appropriate) during the monitoring period in which it exceeded the action level. Any such system may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in subsection 6.1.7.7.3 after it has completed two subsequent consecutive 6-month rounds of monitoring that meet the requirements of subsection 6.1.7.7.4.4.1 and/or may resume triennial monitoring for lead and copper at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either subsection 6.1.7.7.4.3 or 6.1.7.7.4.4.5.

6.1.7.7.4.4.6.2 Any water system subject to reduced monitoring frequency that fails to meet the lead action level during any four-month monitoring period or that fails to operate at or above the minimum value or within the range of values for the water quality control parameters specified by the Division under section 6.1.7.3.6 for more than nine days in any 6-month period specified in subsection 6.1.7.8.4 shall conduct tap water sampling for lead and copper at the frequency specified in subsection 6.1.7.7.4.3, collect the number of samples specified for standard monitoring under subsection 6.1.7.7.3, and shall resume monitoring for water quality parameters within the distribution system in accordance with subsection 6.1.7.8.4. This standard tap water sampling shall begin no later than the six-month period beginning January 1 of the calendar year following the lead action level exceedence or water quality parameter excursion. Such a system may resume reduced monitoring for lead and copper at the tap and for water quality parameters within the distribution system under the following conditions:

6.1.7.7.4.4.6.2.1 The system may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in subsection 6.1.7.7.3 after it has completed two subsequent 6-month rounds of monitoring that meet the criteria of section 6.1.7.7.4.4.2 and the system has received written approval from the Division that it is appropriate to resume reduced monitoring on the annual frequency. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period.

6.1.7.7.4.4.6.2.2 The system may resume triennial monitoring for lead and copper at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either subsections 6.1.7.7.4.4.3 or 6.1.7.7.4.4.5 and the system has received written approval from the Division that it is appropriate to resume triennial monitoring.

6.1.7.7.4.4.6.2.3 The system may reduce the number of water quality parameter tap water samples required in accordance with subsection 6.1.7.8.5.1 and the frequency with which it collects such samples in accordance with subsection 6.1.7.8.5.2. Such a system may not resume triennial monitoring for water quality parameters at the tap until it demonstrates, in accordance with the requirements of subsection 6.1.7.8.5.2, that it has re-qualified for triennial monitoring.

6.1.7.7.4.4.7 Any water system subject to a reduced monitoring frequency under subsection 6.1.7.7.4.4 shall notify the Division in writing in accordance with subsection 6.1.7.10.1.3 of any upcoming long-term change in treatment or addition of a new source as described in that section. The Division must review and approve the addition of a new source or long-term change in water treatment before it is implemented by the water system. The Division may require the system to resume sampling in accordance with subsection 6.1.7.7.4.3 and collect the number of samples specified for standard monitoring under subsection 6.1.7.7.3 or take other appropriate steps such as increased water quality parameter monitoring or re-evaluation of its corrosion control treatment given the potentially different water quality considerations.

6.1.7.7.5 Additional Monitoring by Systems: The results of any monitoring conducted in addition to the minimum requirements of this section shall be considered by the system and the Division in making any determinations (i.e., calculating the 90th percentile lead or copper level) under this section.

6.1.7.7.6 Monitoring Waivers for Small Systems: Any small system that meets the criteria of this paragraph may apply to the Division to reduce the frequency of monitoring for lead and copper under this section to once every nine years (i.e., a “full waiver”) if it meets all of the materials criteria specified in subsection 6.1.7.7.6.1 and all of the monitoring criteria specified in subsection 6.1.7.7.6.2. If Division regulations permit, any small system that meets the criteria in subsections 6.1.7.7.6.1 and 6.1.7.7.6.2 only for lead, or only for copper, may apply to the Division for a waiver to reduce the frequency of tap water monitoring to once every nine years for that contaminant only (i.e., a “partial waiver”).

6.1.7.7.6.1 Materials Criteria: The system must demonstrate that its distribution system and service lines and all drinking water supply plumbing, including plumbing conveying drinking water within all residences and buildings connected to the system, are free of lead-containing materials and/or copper-containing materials, as those terms are defined in this paragraph, as follows:

6.1.7.7.6.1.1 Lead. To qualify for a full waiver, or a waiver of the tap water monitoring requirements for lead (i.e., a “lead waiver”), the water system must provide certification and supporting documentation to the Division that the system is free of all lead-containing materials as follows:

6.1.7.7.6.1.1.1 It contains no plastic pipe which contain lead plasticizers, or plastic service lines which contain lead plasticizers; and

6.1.7.7.6.1.1.2 It is free of lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze alloy fittings and fixtures, unless such fittings and fixtures meet the specifications of any standard established pursuant to 42 U.S.C. 300g-6(e) (Safe Drinking Water Act section 1417(e)).

6.1.7.7.6.1.2 Copper. To qualify for a full waiver, or a waiver of the tap water monitoring requirements for copper (i.e., a “copper waiver”), the water system must provide certification and supporting documentation to the Division that the system contains no copper pipes or copper service lines.

6.1.7.7.6.2 Monitoring Criteria for Waiver Issuance: The system must have completed at least one six-month round of standard tap water monitoring for lead and copper at sites approved by the Division and from the number of sites required by subsection 6.1.7.7.3 and demonstrate that the 90th percentile levels for any and all rounds of monitoring conducted since the system became free of all lead-containing and/or copper-containing materials, as appropriate, meet the following criteria.

6.1.7.7.6.2.1 Lead levels. To qualify for a full waiver, or a lead waiver, the system must demonstrate that the 90th percentile lead level does not exceed 0.005 mg/L.

6.1.7.7.6.2.2 Copper levels. To qualify for a full waiver, or a copper waiver, the system must demonstrate that the 90th percentile copper level does not exceed 0.65 mg/L.

6.1.7.7.6.3 Division Approval of Waiver Application: The Division shall notify the system of its waiver determination, in writing, setting forth the basis of its decision and any condition of the waiver. As a condition of the waiver, the Division may require the system to perform specific activities (e.g., limited monitoring, periodic outreach to customers to remind them to avoid installation of materials that void the waiver) to avoid the risk of lead or copper concentration of concern in tap water. The small system must continue monitoring for lead and copper at the tap as required by subsections 6.1.7.7.4.1 through 6.1.7.7.4.4, as appropriate, until it receives written notification from the Division that the waiver has been approved.

6.1.7.7.6.4 Monitoring frequency for systems with waivers.

6.1.7.7.6.4.1 A system with a full waiver must conduct tap water monitoring for lead and copper in accordance with subsection 6.1.7.7.4.4.4 at the reduced number of sampling sites identified in subsection 6.1.7.7.3 at least once every nine years and provide the materials certification specified in subsection 6.1.7.7.6.1 for both lead and copper to the Division along with the monitoring results. Samples collected every nine years shall be collected no later than every ninth calendar year.

6.1.7.7.6.4.2 A system with a partial waiver must conduct tap water monitoring for the waived contaminant in accordance with section 6.1.7.4.4.4 at the reduced number of sample sites specified in subsection 6.1.7.7.3 at least once every nine years and provide the materials certification specified in subsection 6.1.7.7.6.1 pertaining to the waived contaminant along with the monitoring results. Such a system also must continue to monitor for the non-waived contaminant in accordance with subsections 6.1.7.7.4.1 through 6.1.7.7.4.4, as appropriate.

6.1.7.7.6.4.3 Any water system with a full or partial waiver shall notify the Division in writing in accordance with subsection 6.1.7.10.1.3 of any upcoming long-term change in treatment or addition of a new source, as described in that section. The Division must review and approve the addition of a new source or long-term change in water treatment before it is implemented by the water system. The Division has the authority to require the system to modify waiver conditions (e.g., require re-certification that the system is free of lead-containing and/or copper-containing materials or require additional round(s) of monitoring), if it deems such modifications are necessary to address treatment or source water changes at the system.

6.1.7.7.6.4.4 If a system with a full or partial waiver becomes aware that it is no longer free of lead-containing or copper-containing materials, as appropriate, (e.g., as a result of new construction or repairs), the system shall notify the Division in writing no later than 60 days after becoming aware of such a change.

6.1.7.7.6.5 Continued Eligibility: If the system continues to satisfy the requirements of subsection 6.1.7.7.6.4, the waiver will be renewed automatically, unless any of the conditions listed in subsections 6.1.7.7.6.5.1 through 6.1.7.7.6.5.3 occurs. A system whose waiver has been revoked may re-apply for a waiver at such time as it again meets the appropriate materials and monitoring criteria of subsections 6.1.7.7.6.1 and 6.1.7.7.6.2.

6.1.7.7.6.5.1 A system with a full waiver or a lead waiver no longer satisfies the materials criteria of subsection 6.1.7.7.6.1.1 or has a 90th percentile level greater than 0.005 mg/L.

6.1.7.7.6.5.2 A system with a full waiver or a copper waiver no longer satisfies the materials criteria of subsection 6.1.7.7.6.1.2 or has a 90th percentile copper level greater than 0.65 mg/L.

6.1.7.7.6.5.3 The Division notifies the system, in writing, that the waiver has been revoked, setting forth the basis of its decision.

6.1.7.7.6.6 Requirements Following Waiver Revocation: A system whose full or partial waiver has been revoked by the Division is subject to the corrosion control treatment and lead and copper tap water monitoring requirements, as follows:

6.1.7.7.6.6.1 If the system exceeds the lead and/or copper action level, the system must implement corrosion control treatment in accordance with the deadlines specified in section 6.1.7.2.5, and any other applicable requirements of this section.

6.1.7.7.6.6.2 If the system meets both the lead and copper action level, the system must monitor for lead and copper at the tap no less frequently than once every three years using the reduced number of sample sites specified in subsection 6.1.7.7.3.

6.1.7.7.6.7 Pre-existing Waivers: Small system waivers approved by the Division in writing prior to April 11, 2000 shall remain in effect under the following conditions:

6.1.7.7.6.7.1 If the system has demonstrated that it is both free of lead-containing and copper-containing materials, as required by subsection 6.1.7.7.6.1 and that its 90th percentile lead levels and 90th percentile copper levels meet the criteria of subsection 6.1.7.7.6.2, the waiver remains in effect so long as the system continues to meet the waiver eligibility criteria of subsection 6.1.7.7.6.5. The first round of tap monitoring conducted pursuant to subsection 6.1.7.7.6.4 shall be completed no later than nine years after the last time the system has monitored for lead and copper at the tap.

6.1.7.7.6.7.2 If the system has met the materials criteria of subsection 6.1.7.7.6.1 but has not met the monitoring criteria of subsection 6.1.7.7.6.2, the system shall conduct a round of monitoring for lead and copper at the tap demonstrating that it meets the criteria of subsection 6.1.7.7.6.2, no later than September 30, 2003. Thereafter, the waiver shall remain in effect as long as the system meets the continued eligibility criteria of subsection 6.1.7.7.6.5. The first round of tap water monitoring conducted pursuant to subsection 6.1.7.7.6.4 shall be completed no later than nine years after the round of monitoring conducted pursuant to subsection 6.1.7.7.6.2.

6.1.7.8 Monitoring Requirements for Water Quality Parameters: All large water systems and all small and medium-size systems that exceed the lead or copper action level shall monitor water quality parameters in addition to lead and copper in accordance with this section. The requirements of this section are summarized in the table at the end of this section.

6.1.7.8.1 General Requirements:

6.1.7.8.1.1 Sample Collection Methods:

6.1.7.8.1.1.1 Tap samples shall be representative of water quality throughout the distribution system taking into account the number of persons served, the different sources of water, the different treatment methods employed by the system, and seasonal variability. Tap sampling under this section is not required to be conducted at taps targeted for lead and copper sampling under subsection 6.1.7.7.1. (NOTE: Systems may find it convenient to conduct tap sampling for water quality parameters at sites used for coliform sampling under Section 5.0.)

6.1.7.8.1.1.2 Samples collected at the entry point(s) to the distribution system shall be from locations representative of each source after treatment. If a system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water is representative of all sources being used).

6.1.7.8.1.2 Number of Samples:

6.1.7.8.1.2.1 Systems shall collect two tap samples for applicable water quality parameters during each monitoring period specified under subsections 6.1.7.8.2 and 6.1.7.8.5 from the following number of sites:

6.1.7.8.1.2.2 Except as provided in subsection 6.1.7.8.3.3, systems shall collect two samples for each applicable water quality parameter at each entry point to the distribution system during each monitoring period specified in subsection 6.1.7.8.2. During each monitoring period specified in subsections 6.1.7.8.3 through 6.1.7.8.5, systems shall collect one sample for each applicable water quality parameter at each entry point to the distribution system.

6.1.7.8.2 Initial Sampling: All large water systems shall measure the applicable water quality parameters as specified below at taps and at each entry point to the distribution system during each six-month monitoring period specified in subsection 6.1.7.7.4.1. All small and medium-size systems shall measure the applicable water quality parameters at the locations specified below during each six-month monitoring period specified in subsection 6.1.7.7.4.1 during which the system exceeds the lead or copper action levels.

6.1.7.8.2.1 At taps:

pH;

Alkalinity;

Orthophosphate, when an inhibitor containing a phosphate compound is used;

Silica, when an inhibitor containing a silicate compound is used;

Calcium;

Conductivity; and

Water Temperature.

6.1.7.8.2.2 At each entry point to the distribution system, all of the applicable parameters listed in subsection 6.1.7.8.2.1.

6.1.7.8.3 Monitoring after Installation of Corrosion Control: Any large system which installs optimal corrosion control treatment pursuant to subsection 6.1.7.2.4 Step 4 shall measure the water quality parameters at the locations and frequencies specified below during each six-month monitoring period specified in subsection 6.1.7.7.4.2.1. Any small or medium-size system which installs optimal corrosion control treatment shall conduct such monitoring during each six-month monitoring period specified in subsection 6.1.7.7.4.2.2 in which the system exceeds the lead or copper action level.

6.1.7.8.3.1 At taps two samples for:

pH;

Alkalinity;

Orthophosphate, when an inhibitor containing a phosphate compound is used;

Silica, when an inhibitor containing a silicate compound is used;

Calcium, when calcium carbonate stabilization is used as part of corrosion control.

6.1.7.8.3.2 Except as provided in subsection 6.1.7.8.3.3 at each entry point to the distribution system, one sample every two weeks (bi-weekly) for:

pH;

When alkalinity is adjusted as part of optimal corrosion control, a reading of the dosage rate of the chemical used to adjust alkalinity, and the alkalinity concentration; and

When a corrosion inhibitor is used as part of optimal corrosion control, a reading of the dosage rate of the inhibitor used, and the concentration of orthophosphate or silica (whichever is applicable).

6.1.7.8.3.3 Any groundwater system can limit entry point sampling described in subsection 6.1.7.8.3.2 to those entry points that are representative of water quality and treatment conditions throughout the system. If water from untreated groundwater sources mixes with water from treated groundwater sources, the system must monitor for water quality parameters both at representative entry points receiving treatment and representative points receiving no treatment. Prior to the start of any monitoring under this paragraph, the system shall provide to the Division written information identifying the selected entry points and documentation, including information on seasonal variability, sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.

6.1.7.8.4 Monitoring after Division Specifies Water Quality Parameter Values for Optimal Corrosion Control: After the Division specifies the values for applicable water quality control parameters reflecting optimal corrosion control treatment under subsection 6.1.7.3.6, all large systems shall measure the applicable water quality parameters in accordance with subsection 6.1.7.8.3 and determine compliance with the requirements of subsection 6.1.7.3.7 every six months with the first six-month period to begin on either January 1 or July 1, whichever comes first, after the Division specifies the optimal values under subsection 6.1.7.3.6. Any small or medium-size system shall conduct such monitoring during each six-month period specified in this paragraph in which the system exceeds the lead or copper action level. For any such small and medium-size system that is subject to a reduced monitoring frequency pursuant to subsection 6.1.7.7.4.4 at the time of the action level exceedance, the start of the applicable six-month period under this paragraph shall coincide with the start of the applicable monitoring period under subsection 6.1.7.7.4.4. Compliance with the Division-designated optimal water quality parameter values shall be determined as specified under subsection 6.1.7.3.7.

6.1.7.8.5 Reduced Monitoring:

6.1.7.8.5.1 Any water system that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment during each of two consecutive six-month monitoring periods under subsection 6.1.7.8.4 shall continue monitoring at the entry point(s) to the distribution system as specified in subsection 6.1.7.8.3.2. Such system may collect two tap samples for applicable water quality parameters from the following reduced number of sites during each six-month monitoring period.

6.1.7.8.5.2 Frequency of monitoring

6.1.7.8.5.2.1 Any water system that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the Division under subsection 6.1.7.3.6 during three consecutive years of monitoring may reduce the frequency with which it collects the number of tap samples for applicable water quality parameters specified in subsection 6.1.7.8.5.1 from every six months to annually. This sampling begins during the calendar year immediately following the end of the monitoring period in which the third consecutive year of six-month monitoring occurs. Any water system that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the Division under subsection 6.1.7.3.6, during three consecutive years of annual monitoring under this paragraph may reduce the frequency with which it collects the number of tap samples for applicable water quality parameters specified in subsection 6.1.7.8.5.1 from annually to every three years. This sampling begins no later than the third calendar year following the end of the monitoring period in which the third consecutive year of monitoring occurs.

6.1.7.8.5.2.2 A water system may reduce the frequency with which it collects tap samples for applicable water quality parameters specified in subsection 6.1.7.8.5.1 to every three years if it demonstrates during two consecutive monitoring periods that its tap water lead level at the 90th percentile is less than or equal to the PQL (Practical Quantitation Level) for lead specified in subsection 6.1.7.12, that its tap water copper level at the 90th percentile is less than or equal to 0.65 mg/L for copper in subsection 6.1.7.1.3.2, and that it also has maintained the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the Division under subsection 6.1.7.3.6. Monitoring conducted every three years shall be done no later than every third calendar year.

6.1.7.8.5.3 A water system that conducts sampling annually shall collect these samples evenly throughout the year so as to reflect seasonal variability.

6.1.7.8.5.4 Any water system subject to reduced monitoring frequency that fails to operate within the range of values for the water quality parameters specified by the Division under section 6.1.7.3.6 for more than nine days in any six-month period specified in subsection 6.1.7.3.7 shall resume distribution system tap water sampling in accordance with the number and frequency requirements in subsection 6.1.7.8.4. Such a system may resume annual monitoring for water quality parameters at the tap at the reduced number of sites specified in section 6.1.7.8.5.1 after it has completed two subsequent consecutive six-month rounds of monitoring that meet the criteria of that section and/or may resume triennial monitoring for water quality parameters at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either subsections 6.1.7.8.5.2.1 or 6.1.7.8.5.2.2.

6.1.7.8.6 Additional Monitoring by Systems: The results of any monitoring conducted in addition to the minimum requirements of this section shall be considered by the system and the Division in making any determinations (i.e., determining concentrations of water quality parameters) under this section or section 6.1.7.3.

SUMMARY OF MONITORING REQUIREMENTS FOR WATER QUALITY PARAMETERS1

6.1.7.9 Monitoring Requirements for Lead and Copper in Source Water:

6.1.7.9.1 Sample Location Collection Methods, and Number of samples:

6.1.7.9.1.1 A water system that fails to meet the lead or copper action level on the basis of tap samples collected in accordance with subsection 6.1.7.7 shall collect lead and copper source water samples in accordance with the requirements regarding sample location, number of samples, and collection methods:

6.1.7.9.1.1.1 Groundwater systems shall take a minimum of one sample at every entry point to the distribution system which is representative of each well after treatment (hereafter called a sampling point). The system shall take one sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

6.1.7.9.1.1.2 Surface water systems shall take a minimum of one sample at every entry point to the distribution system after any application of treatment or in the distribution system at a point which is representative of each source after treatment (hereafter called a sampling point). The system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant. NOTE: For the purpose of this paragraph, surface water systems include systems with a combination of surface and groundwater sources.

6.1.7.9.1.1.3 If a system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water is representative of all sources being used).

6.1.7.9.1.1.4 The Division may reduce the total number of samples which must be analyzed by allowing the use of compositing. Compositing of samples must be done by certified laboratory personnel. Composite samples from a maximum of five samples are allowed, provided that if the lead concentration in the composite sample is greater than or equal to 0.001 mg/L or the copper concentration is greater than or equal to 0.160 mg/L, then either:

6.1.7.9.1.1.4.1 A follow-up sample shall be taken and analyzed within 14 days at each sampling point included in the composite; or

6.1.7.9.1.1.4.2 If duplicates of or sufficient quantities from the original samples from each sampling point used in the composite are available, the system may use these instead of resampling.

6.1.7.9.1.2 Where the results of sampling indicate an exceedance of maximum permissible source water levels established under subsection 6.1.7.4.2.4, the Division may require that one additional sample be collected as soon as possible after the initial sample was taken (but not to exceed two weeks) at the same sampling point. If a Division-required confirmation sample is taken for lead or copper, then the results of the initial and confirmation sample shall be averaged in determining compliance with the Division-specified maximum permissible levels. Any sample value below the detection limit shall be considered to be zero. Any value above the detection limit but below the PQL shall either be considered as the measure value or be considered one-half the PQL.

6.1.7.9.2 Monitoring Frequency after System Exceeds Tap Water Action Level: Any system which exceeds the lead or copper action level at the tap shall collect one source water sample from each entry point to the distribution system within six months after the end of the monitoring period during which the lead or copper action level was exceeded. For monitoring periods that are annual or less frequent, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or if the Division has established an alternate monitoring period, the last day of that period.

6.1.7.9.3 Monitoring Frequency after Installation of Source Water Treatment: Any system which installs source water treatment pursuant to subsection 6.1.7.4.1 Step 3 shall collect an additional source water sample from each entry point to the distribution system during two consecutive six-month monitoring periods by the deadline specified in subsection 6.1.7.4.1 Step 4.

6.1.7.9.4 Monitoring Frequency after Division Specifies Maximum Permissible Source Water Levels or Determines that Source Water Treatment is not Needed:

6.1.7.9.4.1 A system shall monitor at the frequency specified below in cases where the Division specifies maximum permissible source water levels under subsection 6.1.7.4.2.4 or determines that the system is not required to install source water treatment under subsection 6.1.7.4.2.2.

6.1.7.9.4.1.1 A water system using only groundwater shall collect samples once during the three-year compliance period (as that term is defined in section 1.0) in effect when the applicable Division determination under subsection 6.1.7.9.4.1 is made. Such systems shall collect samples once during each subsequent compliance period. Triennial samples shall be collected every third calendar year.

6.1.7.9.4.1.2 A water system using surface water (or a combination of surface and groundwater) shall collect samples once during each calendar year, the first annual monitoring period to begin during the year in which the applicable Division determination is made under subsection 6.1.7.9.4.1.

6.1.7.9.4.2 A system is not required to conduct source water sampling for lead and/or copper if the system meets the action level for the specific contaminant in tap water samples during the entire source water sampling period applicable to the system under subsection 6.1.7.9.4.1.1 or 6.1.7.9.4.1.2.

6.1.7.9.5 Reduced Monitoring Frequency:

6.1.7.9.5.1 A water system using only groundwater may reduce the monitoring frequency for lead and copper in source water to once during each nine-year compliance cycle (as that term is defined in section 1.0) provided that the samples are collected no later than every ninth calendar year and if the system meets one of the following criteria:

6.1.7.9.5.1.1 The system demonstrates that finished drinking water entering the distribution system has been maintained below the maximum permissible lead and copper concentrations specified by the Division in subsection 6.1.7.4.2.4 during at least three consecutive compliance periods under subsection 6.1.7.9.4.1; or

6.1.7.9.5.1.2 The Division has determined that source water treatment is not needed and the system demonstrates that, during at least three consecutive compliance periods in which sampling was conducted under section 6.1.7.9.4.1, the concentration of lead in source water was less than or equal to 0.005 mg/L and the concentration of copper in source water was less than or equal to 0.65 mg/L.

6.1.7.9.5.2 A water system using surface water (or a combination of surface and ground water) may reduce the monitoring frequency in subsection 6.1.7.9.4.1 to once during each nine-year compliance cycle (as that term is defined in section 1.0) provided that the samples are collected no later than every ninth calendar year and if the system meets one of the following criteria:

6.1.7.9.5.2.1 The system demonstrates that finished drinking water entering the distribution system has been maintained below the maximum permissible lead and copper concentrations specified by the Division in subsection 6.1.7.4.2.4 during at least three consecutive years; or

6.1.7.9.5.2.2 The Division has determined that source water treatment is not needed and the system demonstrates that, during at least three consecutive years, the concentration of lead in source water was less than or equal to 0.005 mg/L and the concentration of copper in source water was less than or equal to 0.65 mg/L.

6.1.7.10 Reporting Requirements: All water systems shall report all of the following information to the Division in accordance with this section.

6.1.7.10.1 Reporting Requirements for Tap Water Monitoring for Lead and Copper and for Water Quality Parameter Monitoring:

6.1.7.10.1.1 Except as provided in subsection 6.1.7.10.1.1.8, a water system shall report the information specified below for all tap water samples specified in 6.1.7.7 and for all water quality parameter samples specified in 6.1.7.8 within the first 10 days following the end of each applicable monitoring period specified in subsections 6.1.7.7, and 6.1.7.8, (i.e., every six-months, annually, every 3 years or every 9 years). For monitoring periods with a duration less than six months, the end of the monitoring period is the last date samples can be collected during the period specified in sections 6.1.7.7 and 6.1.7.8.

6.1.7.10.1.1.1 The results of all tap samples for lead and copper including the location of each site and the criteria under subsections 6.1.7.7.1.3, 6.1.7.7.1.4, 6.1.7.7.1.5, 6.1.7.7.1.6 or 6.1.7.7.1.7 under which the site was selected for the system’s sampling pool;

6.1.7.10.1.1.2 Documentation for each tap water lead or copper sample for which the water system requests invalidation pursuant to subsection 6.1.7.7.2.6;

6.1.7.10.1.1.3 [Reserved]

6.1.7.10.1.1.4 The 90th percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period (calculated in accordance with subsection 6.1.7.1.1.3) unless the Division calculates the 90th percentile lead and copper levels under subsection 6.1.7.10.8;

6.1.7.10.1.1.5 With the exception of initial tap sampling conducted pursuant to subsection 6.1.7.7.4.1 the system shall designate any site which was not sampled during previous monitoring periods, and include an explanation of why sampling sites have changed;

6.1.7.10.1.1.6 The results of all tap samples for pH, and where applicable, alkalinity, calcium, conductivity, temperature, and orthophosphate or silica collected under subsections 6.1.7.8.2 through 6.1.7.8.5.

6.1.7.10.1.1.7 The results of all samples collected at the entry point(s) to the distribution system for applicable water quality parameters under subsections 6.1.7.8.2 through 6.1.7.8.5.

6.1.7.10.1.1.8 A water system shall report the results of all water quality parameter samples collected under subsections 6.1.7.8.3 through 6.1.7.8.6 during each six-month monitoring period specified in subsection 6.1.7.8.4 within the first ten days following the end of the monitoring period unless the Division has specified a more frequent reporting requirement.

6.1.7.10.1.2 For a non-transient non-community water system, or a community water system meeting the criteria of subsection 6.1.7.6.2.7, that does not have enough taps that can provide first-draw samples, the system must either:

6.1.7.10.1.2.1 Provide written documentation to the Division identifying standing times and locations for enough non-first-draw samples to make up its sampling pool under section 6.1.7.7.2.5 by the start of the first applicable monitoring period under subsection 6.1.7.7.4 that commences after April 11, 2000, unless the Division has waived prior Division approval of non-first-draw sample sites selected by the system pursuant to subsection 6.1.7.7.2.5; or

6.1.7.10.1.2.2 If the Division has waived prior approval of non-first-draw sample sites selected by the system, identify, in writing, each site that did not meet the six-hour minimum standing time and the length of standing time for that particular substitute sample collected pursuant to subsection 6.1.7.7.2.5 and include this information with the lead and copper tap sample results required to be submitted pursuant to subsection 6.1.7.10.1.1.1.

6.1.7.10.1.3 At a time specified by the Division, or if no specific time is designated by the Division, then as early as possible prior to the addition of a new source or any long-term change in water treatment, a water system deemed to have optimized corrosion control under subsection 6.1.7.2.2.3, a water system subject to reduced monitoring pursuant to subsection 6.1.7.7.4.4, or a water system subject to a monitoring waiver pursuant to subsection 6.1.7.7.7, shall submit written documentation to the Division describing the change or addition. The Division must review and approve the addition of the new source or long-term change in treatment before it is implemented by the water system. Examples of long-term treatment changes include the addition of a new treatment process or modification of an existing treatment process. Examples of modifications include switching secondary disinfectants, switching coagulants (e.g., orthophosphate to blended phosphate). Long-term changes can include dose changes to existing chemicals if the system is planning long-term changes to its finished pH or residual inhibitor concentration. Long-term treatment changes would not include chemical dose fluctuations associated with daily raw water quality changes.

6.1.7.10.1.4 Any small system applying for a monitoring waiver under subsection 6.1.7.7.6, or subject to a waiver granted pursuant to subsection 6.1.7.7.6.3, shall provide the following information to the Division in writing by the specified deadline:

6.1.7.10.1.4.1 By the start of the first applicable monitoring period in subsection 6.1.7.7.4, any small water system applying for a monitoring waiver shall provide the documentation required to demonstrate that it meets the waiver criteria of subsections 6.1.7.7.6.1 and 6.1.7.7.6.2.

6.1.7.10.1.4.2 No later than nine years after the monitoring previously conducted pursuant to subsection 6.1.7.7.6.2 or subsection 6.1.7.7.6.4.1, each small system desiring to maintain its monitoring waiver shall provide the information required by subsections 6.1.7.7.6.4.1 and 6.1.7.7.6.4.2.

6.1.7.10.1.4.3 No later than 60 days after it becomes aware that it is no longer free of lead-containing and/or copper-containing material, as appropriate, each small system with a monitoring waiver shall provide written notification to the Division, setting forth the circumstances resulting in the lead-containing and/or copper-containing materials being introduced into the system and what corrective action, if any, the system plans to remove these materials.

6.1.7.10.1.4.4 By October 10, 2003, any small system with a waiver granted prior to April 11, 2000 and that has not previously met the requirements of subsection 6.1.7.7.6.2 shall provide the information required by that subsection.

6.1.7.10.1.5 Each groundwater system that limits water quality parameter monitoring to a subset of entry points under subsection 6.1.7.8.3.3 shall provide, by the commencement of such monitoring, written correspondence to the Division that identifies the selected entry points and includes the information sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.

6.1.7.10.2 Source Water Monitoring Reporting Requirements:

6.1.7.10.2.1 A water system shall report the sampling results for all source water samples collected in accordance with section 6.1.7.9 within the first 10 days following the end of each source water monitoring period (i.e., annually, per compliance period, per compliance cycle) specified in section 6.1.7.9.

6.1.7.10.2.2 With the exception of the first round of source water sampling conducted pursuant to section 6.1.7.9.2, the system shall specify any site which was not sampled during previous monitoring periods, and include an explanation of why the sampling point has changed.

6.1.7.10.3 Corrosion Control Treatment Reporting Requirements: By the applicable dates under section 6.1.7.2, systems shall report the following information:

6.1.7.10.3.1 for systems demonstrating that they have already optimized corrosion control, information required in subsections 6.1.7.2.2.2 or 6.1.7.2.2.3.

6.1.7.10.3.2 for systems required to optimize corrosion control, their recommendation regarding optimal corrosion control treatment under subsection 6.1.7.3.1.

6.1.7.10.3.3 for systems required to evaluate the effectiveness of corrosion control treatments under subsection 6.1.7.3.3, the information required by that paragraph.

6.1.7.10.3.4 for systems required to install optimal corrosion control designated by the Division under subsection 6.1.7.3.4, a letter certifying that the system has completed installing that treatment.

6.1.7.10.4 Source Water Treatment Reporting Requirements: By the applicable dates in subsection 6.1.7.4, systems shall provide the following information to the Division:

6.1.7.10.4.1 if required under subsection 6.1.7.4.2.1 their recommendation regarding source water treatment;

6.1.7.10.4.2 for systems required to install source water treatment under subsection 6.1.7.4.2.2, a letter certifying that the system has completed installing the treatment designated by the Division within 24 months after the Division designated the treatment.

6.1.7.10.5 Lead Service Line Replacement Reporting Requirements: Systems shall report the following information to the Division to demonstrate compliance with the requirements of subsection 6.1.7.5:

6.1.7.10.5.1 No later than 12 months after the end of the monitoring period in which a system exceeds the lead action level in sampling referred to in subsection 6.1.7.5.1, the system must submit written documentation to the Division of the material evaluation conducted as required in subsection 6.1.7.7.1, identify the initial number of lead service lines in its distribution system at the time the system exceeds the lead action level, and provide the system’s schedule for annually replacing at least 7 percent of the initial number of lead service lines in its distribution system.

6.1.7.10.5.2 No later than 12 months after the end of the monitoring period in which a system exceeds the lead action level in sampling referred to in subsection 6.1.7.5.1, and every 12 months thereafter, the system shall demonstrate to the Division in writing that the system has either:

6.1.7.10.5.2.1 Replaced in the previous 12 months at least 7 percent of the initial lead service lines (or a greater number of lines specified by the Division under subsection 6.1.7.5.5 in its distribution system; or

6.1.7.10.5.2.2 Conducted sampling which demonstrates that the lead concentration in all service lines samples from an individual line(s), taken pursuant to subsection 6.1.7.7.2.3, is less than or equal to 0.015 mg/L. In such cases, the total number of lines replaced and/or which meet the criteria in subsection 6.1.7.5.3 shall equal at least 7 percent of the initial number of lead lines identified under subsection 6.1.7.10.5.1 (or the percentage specified by the Division under subsection 6.1.7.5.5.

6.1.7.10.5.3 The annual letter submitted to the Division under subsection 6.1.7.10.5.2 shall contain the following information:

6.1.7.10.5.3.1 the number of lead service lines scheduled to be replaced during the previous year of the system’s replacement schedule;

6.1.7.10.5.3.2 the number and location of each lead service line replaced during the previous year of the system’s replacement schedule;

6.1.7.10.5.3.3 if measured, the water lead concentration and location of each lead service line sampled, the sampling method, and the date of sampling.

6.1.7.10.5.4 Any system which collects lead service line samples following partial lead service line replacement required by subsection 6.1.7.5 shall report the results to the Division within the first ten days of the month following the month in which the system receives the laboratory results, or as specified by the Division. The Division, at its discretion may eliminate this requirement to report these monitoring results. Systems shall also report any additional information as specified by the Division, and in a time and manner prescribed by the Division, to verify that all partial lead service line replacement activities have taken place.

6.1.7.10.6 Public Education Program Reporting Requirements:

6.1.7.10.6.1 Any water system that is subject to the public education requirements in subsection 6.1.7.6 shall, within ten days after the end of each period in which the system is required to perform public education tasks in accordance with subsection 6.1.7.6.2, send written documentation to the Division that contains:

6.1.7.10.6.1.1 A demonstration that the system has delivered the public education materials that meet the content requirements in subsection 6.1.7.6.1 and the delivery requirements in subsection 6.1.7.6.2; and

6.1.7.10.6.1.2 A list of all newspapers, radio stations, television stations, and facilities and organizations to which the system delivered public education materials during the period in which the system was required to perform public education tasks.

6.1.7.10.6.2 Unless required by the Division, a system that previously has submitted the information required in subsection 6.1.7.10.6.1.2 need not resubmit the information required by subsection 6.1.7.10.6.1.2, as long as there have been no changes in the distribution list and the system certifies that the public education materials were distributed to the same list submitted previously.

6.1.7.10.6.3 No later than 3 months following the end of the monitoring period, each system must mail a sample copy of the consumer notification of tap results to the Division along with a certification that the notification has been distributed in a manner consistent with the requirements of subsection 6.1.7.6.4.

6.1.7.10.7 Reporting of Additional Monitoring Data: Any system which collects sampling data in addition to that required by this section shall report the results to the Division within the first ten days following the end of the applicable monitoring period under subsections 6.1.7.7, 6.1.7.8 and 6.1.7.9 during which the samples are collected.

6.1.7.10.8 Reporting of the 90th percentile lead and copper concentrations where the Division calculates a system’s 90th percentile concentrations. A water system is not required to report the 90th percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period, as required by subsection 6.1.7.10.1.1.4 if:

6.1.7.10.8.1 The Division has previously notified the water system that it will calculate the water system’s 90th percentile lead and copper concentrations, based on the lead and copper tap results submitted pursuant to subsection 6.1.7.10.8.2.1, and has specified a date before the end of the applicable monitoring period by which the system must provide the results of lead and copper tap water samples;

6.1.7.10.8.2 The system has provided the following information to the Division by the date specified in subsection 6.1.7.10.8.1:

6.1.7.10.8.2.1 The results of all tap samples for lead and copper including the location of each site and the criteria under subsections 6.1.7.7.1.3, 6.1.7.7.1.4, 6.1.7.7.1.5, 6.1.7.7.1.6 and/or 6.1.7.7.1.7 under which the site was selected for the system’s sampling pool, pursuant to subsection 6.1.7.10.1.1.1; and

6.1.7.10.8.2.2 An identification of sampling sites utilized during the current monitoring period that were not sampled during previous monitoring periods, and an explanation why sampling sites have changed; and

6.1.7.10.8.3 The Division has provided the results of the 90th percentile lead and copper calculations, in writing, to the water system before the end of the monitoring period.

6.1.7.11 Recordkeeping Requirements: Any system subject to the requirements of this section shall retain on its premises original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, Division determinations, and any other information required by subsections 6.1.7.2 through 6.1.7.9. Each water system shall retain the records required by this section for no fewer than 12 years.

6.1.7.12 Analytical Methodology: Analysis for compliance with this section shall be conducted in accordance with 40 CFR 141.89. Copies may be obtained from the Office of Drinking Water.

6.2 Organic Chemical Requirements:

6.2.1 PMCLs: The following are the organic PMCLs (mg/L-milligrams per liter). Compliance is determined pursuant to subsections 6.2.2, 6.2.3, and 6.2.4.

6.2.1.1 The following maximum contaminant levels for synthetic organic contaminants apply to community water systems and non-transient, non-community water systems:

Pesticides and PCBs

6.2.1.2 Disinfection Byproducts (DBPs)

6.2.1.2.1 Maximum Contaminant Level Goals for disinfection byproducts.

6.2.1.3 Volatile Synthetic Organic Chemicals (VOCs)

6.2.2 Sampling, Analytical Requirements and Compliance Determination For Contaminants Listed in subsections 6.2.1.1 and 6.2.1.3:

6.2.2.1 Monitoring of the contaminants listed in subsections 6.2.1.1 and 6.2.1.3 for the purposes of determining compliance with the MCLs shall be conducted as follows:

6.2.2.2.1 Groundwater systems shall take a minimum of one sample at every entry point to the distribution system which is representative of each well after treatment (hereafter called a sampling point). Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

6.2.2.2.2 Surface water systems shall take a minimum of one sample at points in the distribution system that are representative of each source or at each entry point to the distribution system after treatment (hereafter called a sampling point). Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant. (NOTE: For purposes of this paragraph, surface water systems include systems with a combination of surface and ground sources).

6.2.2.2.3 If the system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating condition (i.e., when water representative of all sources is being used).

6.2.2.2.4 Monitoring frequency:

6.2.2.2.4.1 Each community and non-transient non-community water system shall take four consecutive quarterly samples for each contaminant listed in subsections 6.2.1.1 and 6.2.1.3 during each compliance period beginning with the compliance period starting January 1, 1993.

6.2.2.2.4.2 Systems serving more than 3,300 persons which do not detect a contaminant in the initial compliance period may reduce the sampling frequency to a minimum of two quarterly samples in one year during each repeat compliance period.

6.2.2.2.4.3 Systems serving less than or equal to 3,300 persons which do not detect a contaminant in the initial compliance period may reduce the sampling frequency to a minimum of one sample during each repeat compliance period.

6.2.2.2.5 Each community and non-transient water system which does not detect a contaminant listed in subsections 6.2.1.1 and 6.2.1.3 may apply to the Division for a waiver from the requirement of subsection 6.2.2.4.1 upon completion of the initial monitoring. A system must reapply for a waiver at the end of each compliance period.

6.2.2.2.6 The Division may grant a waiver after evaluating the following factors: Knowledge of previous use (including transport, storage, or disposal) of the contaminant within the watershed or zone of influence of the system. If a determination by the Division reveals no previous use of the contaminant within the watershed or zone of influence, a waiver may be granted. If previous use of the contaminant is unknown, or it has been used previously, then the following factors shall be used to determine whether a waiver is granted:

6.2.2.2.6.1 Previous analytical results.

6.2.2.2.6.2 The proximity of the system to a potential point or non-point source of contamination. Point sources include spills and leaks of chemicals at or near water treatment facilities or at manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities. Non-point sources include the use of pesticides to control insect and weed pests on agricultural areas, forest lands, home and gardens, and other land application uses.

6.2.2.2.6.3 The environmental persistence and transport of the pesticide or PCBs.

6.2.2.2.6.4 How well the water source is protected against contamination due to such factors as depth of the well, the type of soil and the integrity of the well casing.

6.2.2.2.6.5 Elevated nitrate levels at the water supply source.

6.2.2.2.6.6 Use of PCBs in equipment used in the production, storage or distribution of water (i.e., PCBs used in pumps, transformers, etc).

6.2.2.2.7 If an organic contaminant listed in subsections 6.2.1.1 and 6.2.1.3 is detected in any sample then:

6.2.2.2.7.1 Each system must monitor quarterly at each sampling point which resulted in a detection.

6.2.2.2.7.2 The Division may decrease the quarterly monitoring requirement specified in section 6.2.2.7.1 provided it has determined that the system is reliably and consistently below the maximum contaminant level. In no case shall the Division make this determination unless a groundwater system takes a minimum of two quarterly samples and a surface water system take a minimum of four quarterly samples.

6.2.2.2.7.3 After the Division determines the system is reliably and consistently below the maximum contaminant level the Division may allow the system to monitor annually. Systems which monitor annually must monitor during the quarter that previously yielded the highest analytical result.

6.2.2.2.7.4 Systems which have 3 consecutive annual samples with no detection of a contaminant may apply to the Division for a waiver as specified in subsection 6.2.2.2.6.

6.2.2.2.7.5 If monitoring results in detection of one or more of certain related contaminants (heptachlor or heptachlor epoxide), then subsequent monitoring shall analyze for all related contaminants.

6.2.2.2.8 Systems which violate the MCL listed in subsections 6.2.1.1 and 6.2.1.3 must monitor quarterly. After a minimum of four quarterly samples show the system is in compliance and the Division determines the system to be reliably and consistently below the MCL as specified in section 6.2.2.11, the system shall monitor at the frequency specified in subsection 6.2.2.7.3.

6.2.2.2.9 The Division may require a confirmation sample for positive or negative results. If a confirmation sample is required by the Division, the result must be averaged with the first sampling result and the average used for the compliance determination as specified in subsection 6.2.2.11. The Division has the discretion to delete results of obvious sampling errors from this calculation.

6.2.2.2.10 The Division may reduce the total number of samples a system must analyze by allowing the use of compositing. Composite samples from a maximum of five sampling points are allowed. Detection Limit must be less than one-fifth of the MCL. Compositing of samples must be done in the laboratory and analyzed within 14 days of sample collections.

6.2.2.10.1 If the concentration in the composite sample detects one or more contaminants listed in subsections 6.2.1.1 and 6.2.1.3, then a follow-up sample must be taken and analyzed within 14 days from each sampling point included in the composite.

6.2.2.10.2 If duplicates of the original sample taken from each sampling point used in the composite are available, the system may use these duplicates instead of resampling. The duplicate must be analyzed and the results reported to the Division within 14 days of collection.

6.2.2.10.3 If the population served by the system is >3,300 persons, then compositing may only be permitted by the Division at sampling points within a single system. In systems serving <3,300 persons, the Division may permit compositing among different systems provided the 5-sample limit is maintained.

6.2.2.2.11 Compliance with subsections 6.2.1.1 and 6.2.1.3 shall be determined based on the analytical results obtained at each sampling point. If one sampling [point is in violation of the MCL, the system is in violation of the MCL.

6.2.2.11.1 For systems which are conducting monitoring at a frequency greater than annually, compliance is determined by a running annual average of all samples taken at each sampling point. If the annual average of any sampling point is greater than the MCL, then the system is out of compliance. If the initial sample or a subsequent sample would cause the annual average to be exceeded, then the system is out of compliance immediately. Any samples below the detection limit shall be calculated as zero for purposes of determining the annual average.

6.2.2.11.2 If monitoring is conducted annually, or less frequently, the system is out of compliance if the level of a contaminant at any sampling point is greater than the MCL. If a confirmation sample is required by the Division, the determination of compliance will be based on the average of the two samples.

6.2.2.11.3 If any sample result will cause the running annual average to exceed the MCL at any sampling point, the system is out of compliance with the MCL immediately.

6.2.2.11.4 If a system fails to collect the required number of samples, compliance will be based on the total number of samples collected.

6.2.2.11.5 If a sample result is less than the detection limit, zero will be used to calculate the annual average.

6.2.2.11.6 If a public water system has a distribution system separable from other parts of the distribution system with no interconnections, the Division may allow the system to give public notice to only that portion of the system which is out of compliance.

6.2.2.2.12 Analysis for the contaminants listed in subsections 6.2.1.1 and 6.2.1.3 shall be conducted in accordance with 40 CFR 141.24(e). Copies may be obtained from the Office of Drinking Water.

6.2.2.2.13 Analysis for PCBs shall be conducted as follows:

6.2.2.2.13.1 Each system which monitors for PCBs shall analyze each sample in accordance with 40 CFR 141.24(h)(13)(i) (see subsection 6.2.2.13.2). Copies may be obtained from the Office of Drinking Water.

6.2.2.2.13.2 If PCBs (as one of seven Aroclors) are detected (as designated in this paragraph) in any sample analyzed using in subsection 6.2.2.13.1, the system shall reanalyze the sample in accordance with 40 CFR 141.24(h)(13)(ii) to quantitate PCBs (as decachlorobiphenyl). Copies may be obtained from the Office of Drinking Water.

6.2.2.2.13.3 Compliance with the PCB MCL shall be determined based upon the quantitative results of analyses conducted in accordance with 40 CFR 141.24(h)(13)(iii). Copies may be obtained from the Office of Drinking Water.

6.2.2.2.14 If monitoring data collected after January 1, 1990, are generally consistent with the requirements of subsection 6.2.2, then the Division may allow systems to use that data to satisfy the monitoring requirement for the initial compliance period beginning January 1, 1993.

6.2.2.2.15 The Division may increase the required monitoring frequency, where necessary, to detect variations within the system (e.g., fluctuations in concentration due to seasonal use, changes in water source).

6.2.2.2.16 The Division has the authority to determine compliance or initiate enforcement action based upon analytical results and other information compiled by their sanctioned representatives and agencies.

6.2.2.2.17 Each public water system shall monitor at the time designated by the Division within each compliance period.

6.2.2.2.18 Detection as used in this paragraph shall be defined as found in 40 CFR 141.24(h)(18). Copies may be obtained from the Office of Drinking Water.

6.2.2.2.19 Analysis under this section shall only be conducted by laboratories that have received certification by EPA or the Division and have met the following conditions:

6.2.2.2.19.1 To receive certification to conduct analyses for the contaminants in subsections 6.2.1.1 and 6.2.1.3 the laboratory must:

6.2.2.2.19.1.1 Analyze Performance Evaluation samples annually in accordance with section 2.14.

6.2.2.2.19.1.2 The laboratory shall achieve quantitative results on the analyses that are within the acceptance limits: specified in 40 CFR 141.24(h)(19)(i)(B). Copies may be obtained from the Office of Drinking Water.

6.2.2.2.20 All new systems or systems that use a new source of water that begins operation after January 22, 2004 must demonstrate compliance with the MCL within a period of time specified by the Division. The system must also comply with the initial sampling frequencies specified by the Division to ensure a system can demonstrate compliance with the MCL. Routine and increased monitoring frequencies shall be conducted with the requirements in this section.

6.2.2.3 Sampling, Analytical Requirements and Compliance Determination for Contaminants Listed in 6.2.1.2:

6.2.2.3.1 Monitoring of contaminants listed in 6.2.1.2 for the purpose of determining compliance with the MCLs listed in subsection 6.2.1.2 shall be conducted as follows:

6.2.2.3.1 Community water systems which serve a population of 10,000 or more individuals and which add a disinfectant (oxidant) to the water in any part of the drinking water treatment process shall analyze for total trihalomethanes in accordance with this section. For the purpose of this section, the minimum number of samples required to be taken by the system shall be based on the number of treatment plants used by the system, except that multiple wells drawing raw water from a single aquifer may, with the Division's approval, be considered one treatment plant for determining the minimum number of samples. All samples taken within an established frequency shall be collected within a twenty-four (24) hour period.

6.2.2.3.2 For all community water systems utilizing surface water sources in whole or part, and for all community water systems utilizing only ground water sources that have not been determined by the Division to qualify for the monitoring requirements of subsections 6.2.2.3.3 and 6.2.2.3.4, analyses for total trihalomethanes shall be performed at quarterly intervals on at least four (4) water samples from each treatment plant used by the systems. At least twenty-five (25) percent of the samples shall be taken at locations within the distribution system reflecting the maximum residence time of the water in the system. The remaining seventy-five (75) percent shall be taken at representative locations in the distribution system taking into account number of persons served, different sources of water and different treatment methods employed. The results of all analyses per quarter shall be arithmetically averaged and reported to the division within ten (10) days of the end of the quarter in which the samples were collected. All samples collected shall be used in the computation of the average, unless the analytical results are invalidated for technical reasons. Sampling and analyses shall be conducted in accordance with the methods listed in subsection 6.2.2.3.6.

6.2.2.3.3 The monitoring frequency required by subsection 6.2.2.3.2 may be reduced by the Division to a minimum of one (1) sample analyzed for contaminants listed in 6.2.1.2 per quarter taken at a point in the distribution system reflecting the maximum residence time of the water in the system, upon written determination by the Division that the data from at least one (1) year of monitoring in accordance with subsection 6.2.2.3.2 and local conditions demonstrate that total trihalomethane concentrations will be consistently below the PMCL.

6.2.2.3.4 If at any time during which the reduced monitoring frequency prescribed under this paragraph applies, the results from any analysis exceed 0.10 mg/L of TTHMs and such results are confirmed by at least one (1) check sample taken promptly after such results are received, or if the system makes any significant change to its source of water or treatment program, the system shall immediately begin monitoring in accordance with the requirements of subsection 6.2.2.3.2, which monitoring shall continue for at least one (1) year before the frequency may be reduced again. At the option of the Division, a system's monitoring frequency may and should be increased above the minimum in those cases where it is necessary to detect variations of TTHM levels within the distribution system.

6.2.2.3.5 The monitoring frequency required by subsection 6.2.2.3.2 may be reduced by the Division for ground water supplies to a minimum of one (1) sample for maximum TTHM potential per year for each treatment plant used by the system taken at a point in the distribution system reflecting maximum residence time of the water in the system. The system shall submit to the Division the results of at least one (1) sample analyzed for maximum TTHM potential for each treatment plant used by the system taken at a point in the distribution system. The system's monitoring frequency may only be reduced by the Division when, based upon the data, the system has a maximum TTHM potential of less than 0.10 mg/L and when, based upon an assessment of local conditions of the system, the system is not likely to approach or exceed the PMCL for TTHMs. The results of all analyses shall be reported to the Division within thirty (30) days of the system's receipt of such results. All samples collected shall be used for determining whether the system must comply with the monitoring requirements of subsections 6.2.2.3.2, 6.2.2.3.3 and 6.2.2.3.4, unless the analytical results are invalidated for technical reasons. Sampling and analyses shall be conducted in accordance with the methods listed in subsection 6.2.2.3.8.

6.2.2.3.6 If at any time during which the reduced monitoring frequency prescribed under subsection 6.2.3.5 applies, the results from any analyses taken by the system for maximum TTHM potential are equal to or greater than 0.10 mg/L, and such results are confirmed by at least one (1) check sample taken promptly after such results are received, the system shall immediately begin monitoring in accordance with the requirements of subsections 6.2.2.3.2, 6.2.2.3.3 and 6.2.2.3.4 and such monitoring shall continue for at least one (1) year before the frequency may be reduced again. In the event of any significant change to the system's raw water or treatment program, the system shall immediately analyze an additional sample for maximum TTHM potential taken at a point in the distribution system reflecting maximum residence time of the water in the system for the purpose of determining whether the system must comply with the monitoring requirements of subsections 6.2.2.3.2, 6.2.2.3.3 and 6.2.2.3.4. At the option of the Division, monitoring frequencies may and should be increased above the minimum in those cases where this necessary to detect variations of TTHM levels within the distribution system.

6.2.2.3.7 Compliance with subsection 6.2.1.2 shall be determined based on running annual average of quarterly samples collected by the system as prescribed in subsections 6.2.2.3.2 or 6.2.2.3.3. If the average of samples covering any twelve (12) month period exceeds the PMCL, the supplier of water shall report to the Division pursuant to section 4.1 and notify the public pursuant to section 4.2. Monitoring after public notification shall be at a frequency designated by the Division and shall continue until a monitoring schedule as a condition to an enforcement action shall become effective.

6.2.2.3.8 Sampling and analyses pursuant to this section shall be conducted in accordance with 40 CFR 141.24(e). Copies may be obtained from the Office of Drinking Water.

6.2.2.3.9 Before a community water system makes any significant modifications to its existing treatment process for the purposes of achieving compliance with section 6.2.1.2, such system must submit and obtain Division approval of a detailed plan setting forth its proposed modification and those safeguards that it will implement to ensure that the bacteriological quality of the drinking water served by such system will not be adversely affected by such modification. Each system shall comply with the provisions set forth in the Division approved plan. At a minimum, a Division approved plan shall require the system modifying its disinfection practice to:

6.2.2.3.9.1 Evaluate the water system for sanitary defects and evaluate the source water for biological quality.

6.2.2.3.9.2 Evaluate its existing treatment practice and consider improvements that will minimize disinfectant demand and optimize finished water quality throughout the distribution system.

6.2.2.3.9.3 Provide baseline water quality survey data of the distribution system. Such data should include the results from monitoring for coliform and fecal coliform bacteria, fecal streptococci, standard plate counts at 35ºC and 20ºC, phosphate, ammonia, nitrogen and total organic carbon. Virus studies should be required where source waters are heavily contaminated with sewage effluent.

6.2.2.3.9.4 Conduct additional monitoring to assure continued maintenance of optimal biological quality in finished water, for example, when chloramines are introduced as disinfectants or when pre-chlorination is being discontinued. Additional monitoring should also be required by the Division for chlorate, chlorite and chlorine dioxide when chlorine dioxide is used as a disinfectant. Standard plate count analyses should also be required by the division as appropriate before and after any modifications.

6.2.2.3.9.5 Demonstrate an active disinfectant residual of >0.04 mg/L throughout the distribution system at all times during and after the modification.

6.2.2.3.10 The requirements in subsections 6.2.2.3.1 through 6.2.2.3.7 apply to subpart H community water systems which serve a population of 10,000 or more until December 16, 2001. The requirements in subsections 6.2.2.3.1 through 6.2.2.3.7 apply to community water systems which use only ground water not under the direct influence of surface water that add a disinfectant (oxidant) in any part of the treatment process and serve a population of 10,000 or more until December 16, 2003. After December 16, 2003, this section is no longer applicable.

6.2.2.3.11 Compliance dates for DBPs.

6.2.2.3.11.1 CWSs and NTNCWS. Subpart H systems serving 10,000 or more persons must comply with this section beginning December 16, 2001. Subpart H systems serving fewer than 10,000 persons and systems using only ground water not under the direct influence of surface water must comply with this section beginning December 16, 2003.

6.2.2.3.11.2 A system that is installing GAC or membrane technology to comply with this section may apply to the State for an extension of up to 24 months past the dates in subsection 6.2.2.3.11.1, but not beyond December 16, 2003. In granting the extension, States must set a schedule for compliance and may specify any interim measures that the system must take. Failure to meet the schedule or interim treatment requirements constitutes a violation of a National Primary Drinking Water Regulation.

6.2.2.4 Sampling, Analytical Requirements and Compliance Determination for VOCs: Monitoring of the contaminants listed in subsection 6.2.1.3 for the purpose of determining compliance with the MCLs shall be conducted as follows:

6.2.2.4.1 Groundwater systems shall take a minimum of one sample at every entry point to the distribution system which is representative of each well after treatment (hereafter called a sampling point). If conditions warrant, the Division may designate additional sampling points within the distribution system or at the consumer's tap which more accurately determine consumer exposure. Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

6.2.2.4.2 Surface water systems shall take a minimum of one sample at points in the distribution system that are representative of each source or at each entry point to the distribution system after treatment (hereafter called a sampling point). If conditions warrant, the Division may designate additional sampling points within the distribution system or at the consumer's tap which more accurately determines consumer exposure. Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source, treatment plan, or within the distribution system. NOTE: For purposes of this paragraph, surface water systems include systems with a combination of surface and ground surfaces.

6.2.2.4.3 If the system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water representative of all sources is being used).

6.2.2.4.4 Each community and non-transient non-community water system shall take four consecutive quarterly samples for each contaminant listed in subsection 6.2.1.3, during each compliance period beginning in the initial compliance period.

6.2.2.4.5 Groundwater and surface water systems which do not detect one of the contaminants listed in subsection 6.2.1.3 after conducting the initial round of monitoring required in 6.2.2.4.4 of this section may take one sample annually.

6.2.2.4.6 For groundwater and surface water systems, if the initial monitoring for contaminants listed in subsection 6.2.1.3 as allowed in subsection 6.2.2.4.18 has been completed by December 31, 1992 and the system did not detect any contaminant listed in subsection 6.2.1.3 then the system shall take one sample annually. After a minimum of three years of annual sampling, the Division may allow groundwater systems which have no previous detection of any contaminant listed in subsection 6.2.1.3 to take one sample during each compliance period.

6.2.2.4.7 Each community and non-transient non-community groundwater system which does not detect a contaminant listed in subsection 6.2.1.3 may apply to the Division for a waiver from the requirement of subsections 6.2.2.4.5 and 6.2.2.4.6 after completing the initial monitoring. (For the purposes of this section, detection is defined as >0.0005 mg/L). A waiver shall be effective for no more than six years (two compliance periods).

6.2.2.4.7.1 The Division may also issue waivers to small systems (those serving <3,300 persons) for the initial round of monitoring for 1,2,4-trichlorobenzene.

6.2.2.4.8 The Division may grant a waiver after evaluating the following factor(s):

6.2.2.4.8.1 Knowledge of previous use (including transport, storage, or disposal) of the contaminant within the watershed or zone of influence of the system. If a determination by the Division reveals no previous use of the contaminant within the watershed or zone of influence, a waiver may be granted.

6.2.2.4.8.2 If previous use of the contaminant is unknown or it has been used previously, then the following factors shall be used to determine whether a waiver is granted.

6.2.2.4.8.2.1 Previous analytical results.

6.2.2.4.8.2.2 The proximity of the system to potential point or non-point source of contamination. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities.

6.2.2.4.8.2.3 The environmental persistence and transport of the contaminants.

6.2.2.4.8.2.4 The number of persons served by the public water system and the proximity of a smaller system to a larger system.

6.2.2.4.8.2.5 How well the water source is protected against contamination such as whether it is a surface or groundwater system. Groundwater systems must consider factors such as depth of the well, the type of soil, and well head protection. Surface water systems must consider watershed protection.

6.2.2.4.9 As a condition of the waiver a system must take one sample at each sampling point during the time the waiver is effective (i.e., one sample during two compliance periods or six years) and update its vulnerability assessment considering the factors listed in subsection 6.2.2.4.8. Based on this vulnerability assessment the Division must confirm that the system is non-vulnerable. If the Division does not make this reconfirmation within three years of the initial determination, then the waiver is invalidated and the system is required to sample annually as specified in subsection 6.2.2.4.5.

6.2.2.4.10 Each community and not-transient non-community surface water system which does not detect a contaminant listed is subsection 6.2.1.3 may apply to the Division for a waiver from the requirements of subsection 6.2.2.4.6 after completing the initial monitoring. Composite samples from a maximum of five sampling points are allowed, provided that the detection limit of the method used for analysis is less than one-fifth of the MCL. Systems meeting this criterion must be determined by the Division to be non-vulnerable based on a vulnerability assessment during each compliance period. Each system receiving a waiver shall sample at the frequency specified by the Division (if any).

6.2.2.4.11 If a contaminant listed in subsection 6.2.1.3, excluding vinyl chloride, is detected at a level exceeding 0.0005 mg/L in any sample then:

6.2.2.4.11.1 The system must monitor quarterly at each sampling point which resulted in a detection.

6.2.2.4.11.2 The Division may decrease the quarterly monitoring requirement specified in subsection 6.2.2.4.11.1 provided it has determined that the system is reliably and consistently below the maximum contaminant level. In no case shall the Division make this determination unless a groundwater system takes a minimum of two quarterly samples and a surface water system takes a minimum of four quarterly samples.

6.2.2.4.11.3 If the Division determines that the system is reliably and consistently below the MCL, the Division may allow the system to monitor annually. Systems which monitor annually must monitor during the quarter(s) which previously yielded the highest analytical result.

6.2.2.4.11.4 Systems which have three consecutive annual samples with no detection of a contaminant may apply to the Division for a waiver as specified in subsection 6.2.2.4.7.

6.2.2.4.11.5 Groundwater systems which have detected one or more of the following two-carbon organic compounds: trichloroethylene, tetrachloroethylene, 1,2-dichloroethane, trans-1,2-dichloroethylene, 1,1,1-trichloroethane, cis-1,2-dichloroethylene or 1,1-dichloroethylene shall monitor quarterly for vinyl chloride. A vinyl chloride sample shall be taken at each sampling point at which one or more of the two-carbon organic compounds was detected. If the results of the first analysis do not detect vinyl chloride, the Division may reduce the quarterly monitoring frequency of vinyl chloride monitoring to one sample during each compliance period. Surface water systems are required to monitor for vinyl chloride as specified by the Division.

6.2.2.4.12 Systems which violate the requirements of subsection 6.2.1.3 as determined by subsection 6.2.4.15 must monitor quarterly. After a minimum of four consecutive quarterly samples shows the system is in compliance as specified in subsection 6.2.2.4.15, and the Division determines that the system is reliably and consistently below the maximum contaminant level, the system may monitor at the frequency and time specified in subsection 6.2.2.4.11.3.

6.2.2.4.13 The Division may require a confirmation sample for positive or negative results. If a confirmation sample is required by the Division, the result must be averaged with the first sampling result and the average is used for the compliance determination as specified by subsection 6.2.2.4.15. The Division has the discretion to delete results of obvious sampling errors from this calculation.

6.2.2.4.14 The Division may reduce the total number of samples a system must analyze by allowing the use of compositing. Composite samples from a maximum of five sampling points are allowed, providing that the detection limit of the method used for analysis is less than one-fifth of the MCL. Compositing of samples must be done in the laboratory and analyzed within 14 days of sample collection.

6.2.2.4.14.1 If the concentration in the composite sample is >0.0005 mg/L for any contaminant listed in subsection 6.2.1.3, then a follow-up sample must be taken and analyzed within 14 days from each sampling point included in the composite.

6.2.2.4.14.2 If duplicates of the original sample taken from each sampling point used in the composite are available, the system may use these instead of resampling. The duplicate must be analyzed and the results reported to the Division within 14 days of collection.

6.2.2.4.14.3 If the population served by the system is >3,300 persons, then compositing may only be permitted by the Division at sampling points within a single system. In systems serving <3,300 persons, the Division may permit compositing among different systems provided the 5-sample limit is maintained.

6.2.2.4.14.4 Compositing samples prior to GC analysis:

6.2.2.4.14.4.1 Add 5 ml or equal larger amounts of each sample (up to 5 samples are allowed) to a 25 ml glass syringe. Special precautions must be made to maintain zero headspace in the syringe.

6.2.2.4.14.4.2 The samples must be cooled at 4o C during this step to minimize volatilization losses.

6.2.2.4.14.4.3 Mix well and draw out a 5-ml aliquot for analysis.

6.2.2.4.14.4.4 Follow sample introduction, purging and desorption steps described in the method.

6.2.2.4.14.4.5 If less than five samples are used for compositing, a proportionately small syringe may be used.

6.2.2.4.14.5 Compositing samples prior to GC/MS analysis:

6.2.4.14.5.1 Inject 5-ml or equal larger amounts of each aqueous sample (up to 5 samples are allowed) into a 25-ml purging device using the sample introduction technique described in the method.

6.2.4.14.5.2 The total volume of the sample in the purging device must be 25 ml.

6.2.4.14.5.3 Purge and desorb as described in the method.

6.2.2.4.15 Compliance with subsection 6.2.1.3 shall be determined based on the analytical results obtained at each sampling point:

6.2.4.15.1 For systems which are conducting monitoring at a frequency greater than annual, compliance is determined by a running annual average of all samples taken at each sampling point. If the annual average of any sampling point is greater than the MCL, then the system is out of compliance. If the initial sample or a subsequent sample would cause the annual average to be exceeded, then the system is out of compliance immediately. Any samples below the detection limit shall be calculated as zero for purposes of determining the annual average.

6.2.4.15.2 If monitoring is conducted annually, or less frequently, the system is out of compliance if the level of a contaminant at any sampling point is greater than the MCL. If a confirmation sample is required by the Division, the determination of compliance will be based on the average of the two samples.

6.2.4.15.3 If a public water system has a distribution system separable from other parts of the distribution system with no interconnections, the Division may allow the system to give public notice to only that area served by that portion of the system which is out of compliance.

6.2.2.4.16 Analysis for the contaminants listed in subsection 6.2.1.3 shall be conducted in accordance with 40 CFR 141.24(e). Copies may be obtained from the Office of Drinking Water.

6.2.2.4.17 Analysis under this section shall only be conducted by laboratories that have received approval by EPA or the Division according to the following conditions:

6.2.2.4.17.1 To receive conditional approval to conduct analyses for the contaminants in subsection 6.2.1.3, excluding vinyl chloride, the laboratory must:

6.2.2.4.17.1.1 Analyze Performance Evaluation samples annually.

6.2.2.4.17.1.2 Achieve the quantitative acceptance limits for at least 80 percent of the regulated organic chemicals listed in subsection 6.2.1.3.

6.2.2.4.17.1.3 Achieve quantitative results on the analyses performed under subsection 6.2.2.4.16 that are within +20 percent of the actual amount of the substances in the Performance Evaluation sample when the actual amount is greater than or equal to 0.010 mg/L.

6.2.2.4.17.1.4 Achieve quantitative results on the analyses performed under subsection 6.2.2.4.16 that are within +40 percent of the actual amount of the substance in the Performance Evaluation sample when the actual amount is less than 0.010 mg/L.

6.2.2.4.17.1.5 Achieve a method detection limit of 0.0005 mg/L according to the procedures listed in Appendix B of 40 CFR Part 136. Copies may be obtained from the Office of Drinking Water.

6.2.2.4.17.1.5.1 {Reserved}.

6.2.2.4.17.2 To receive certification for vinyl chloride, the laboratory must:

6.2.2.4.17.2.1 Analyze Performance Evaluation samples annually.

6.2.2.4.17.2.2 Achieve quantitative results on the analyses performed under subsection 6.2.4.17.2.1 that are within +40 percent of the actual amount of vinyl chloride in the Performance Evaluation sample.

6.2.2.4.17.2.3 Achieve a method detection limit of 0.0005 mg/l, according to the procedures listed in Appendix B of 40 CFR Part 136. Copies may be obtained from the Office of Drinking Water.

6.2.2.4.17.2.4 Obtain certification for the contaminants listed in subsection 6.2.2.1.3.

6.2.2.4.18 The Division may allow the use of monitoring data collected after January 1, 1988 for purposes of initial monitoring compliance. If the data are generally consistent with the other requirements in this section, the Division may use those data (i.e., a single sample rather than four quarterly samples) to satisfy the initial monitoring requirement of subsection 6.2.4.4.

6.2.2.4.18.1 Systems which use grandfathered samples and did not detect any contaminant listed in subsection 6.2.2.1.3, excluding vinyl chloride, shall begin monitoring annually in accordance with subsection 6.2.2.4.6 beginning with the initial compliance period.

6.2.2.4.19 The Division may increase required monitoring where necessary to detect variations within the system.

6.2.2.4.20 Each approved laboratory must determine the method detection limit (MDL), as defined in Appendix B of 40 CFR Part 136, copies may be obtained from the Office of Drinking Water, at which it is capable of detecting VOCs. The acceptable MDL is 0.0005 mg/L. This concentration is the detection concentration for purposes of this section.

6.2.2.4.21 Each public water system shall monitor at the time designated by the Division within each compliance period.

6.2.3 Best Available Technologies (BAT)

6.2.3.1 The Division hereby identifies as indicated in the table below either granular activated carbon (GAC), packed tower aeration (PTA), or oxidation (OX) through chlorination or ozonation as the best technology, treatment technique, or other means available for achieving compliance with the maximum contaminant level for organic contaminants identified in subsections 6.2.1.1 and 6.2.1.3.

BAT for Organic Contaminants Listed in subsections 6.2.1.1 and 6.2.1.3

BAT for Organic Contaminants Listed in subsection 6.2.1.2

6.3.1.1 The Administrator, pursuant to section 1412 of the Act, hereby identifies the following as the best technology, treatment techniques, or other means available for achieving compliance with the maximum contaminant levels for TTHM and HAA5 identified in subsection 6.2.1.2 for consecutive systems and applies only to the disinfected water that consecutive systems buy or otherwise receive:

6.3.2 BAT for Inorganic Contaminants Listed in subsection 6.1.1.1

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

2 BAT for Chromium III only.

3 BAT for Selenium IV only.

4 BAT for Arsenic V. Pre-oxidation may be required to convert Arsenic III to Arsenic V.

5 To obtain high removals, iron to arsenic ratio must be at least 20:1.

Key to BATs in Table

1 = Activated Alumina

2 = Coagulation/Filtration Not BAT for systems <500 service connections.

3 = Direct and Diatomite Filtration

4 = Granular Activated Carbon

5 = Ion Exchange

6 = Lime Softening Not BAT for systems <500 service connections.

7 = Reverse Osmosis

8 = Corrosion Control

9 = Electrodialysis

10 = Chlorine

11 = Ultraviolet

12 = Oxidation/Filtration

6.3.3 Treatment techniques for acrylamide and epichlorohydrin.

6.3.3.1 Each public water system must certify annually in writing to the Division (using a third party or manufacturer's certification) that when acrylamide and epichlorohydrin are used in drinking water systems, the combination (or product) of dose and monomer level does not exceed the levels specified as follows:

- Acrylamide = 0.05% dosed at 1 PPM (or equivalent).

- Epichlorohydrin = 0.01% dosed at 20 PPM (or equivalent).

6.3.4 The Administrator, U.S. Environmental Protection Agency, pursuant to section 1412 of the Safe Drinking Water Act, hereby identifies in the following table the affordable technology, treatment technique, or other means available to systems serving 10,000 persons or fewer for achieving compliance with the MCL for arsenic:

SMALL SYSTEM COMPLIANCE TECHNOLOGIES (SSCTs)1 FOR ARSENIC2

1.section 1412(b)(4)(E)(ii) of the Safe Drinking Water Act specifies that SSCTs must be affordable and technically feasible for small systems.

2.SSCTs for Arsenic V. Preoxidation may be required to convert Arsenic III to Arsenic V.

3.The Safe Drinking Water Act specifies three categories of small systems: (i) those serving 25 or more, but fewer than 501, (ii) those serving more than 500, but fewer than 3,301, and (iii) those serving more than 3,300, but fewer than 10,001.

4.When POU or POE devices are used for compliance, programs to ensure proper long-term operation, maintenance, and monitoring must be provided by the water system to ensure adequate performance.

5.Unlikely to be installed solely for arsenic removal. May require pH adjustment to optimal range if high removals are needed.

6.Technologies reject a large volume of water – may not be appropriate for areas where water quantity may be an issue.

7.To obtain high removals, iron to arsenic ratio must be at least 20:1.

6.4 Maximum Contaminant Level (MCL) Effective Dates:

Fluoride - October 2, 1987

Phase I (VOCs) - January 9, 1989

Phase II - July 30, 1992

Phase IIB - January 1, 1993

Phase V - January 17, 1994

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

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

7.1.1.1 One (1) NTU, as determined by a monthly average pursuant to subsection 7.1.2, except that five (5) or fewer NTUs may be allowed if the supplier of water can demonstrate to the Division that the higher turbidity does not do any of the following:

7.1.1.1.1 Interfere with disinfection;

7.1.1.1.2 Prevent maintenance of an effective disinfectant agent throughout the distribution system or;

7.1.1.1.3 Interfere with microbiological determinations.

7.1.1.2 Five (5) NTUs based on an average for two (2) consecutive days pursuant to subsection 7.1.2.

7.1.2 Turbidity Sampling and Analytical Methodology:

7.1.2.1 Samples shall be taken by suppliers of water for both CWSs and NCWSs using surface water in whole or in part at a representative entry point(s) to the water distribution system at least once per day, for the purpose of making turbidity measurements to determine compliance with subsection 7.1.1. The turbidity measurements shall be made in accordance with 40 CFR 141.74(a)(1). Copies may be obtained from the Office of Drinking Water.

7.1.2.2 If the result of a turbidity analysis indicates that the MCL has been exceeded, the sampling and measurement shall be confirmed by resampling as soon as practicable and preferably within one (1) hour. If the repeat sample confirms that the MCL has been exceeded, the supplier of water shall report to the Division within forty-eight (48) hours. The repeat sample shall be the sample used for the purpose of calculating the monthly average. If the monthly average of the daily samples exceeds the MCL, or if the average of two (2) samples taken on consecutive days exceeds five (5) NTU, the supplier of water shall report to the Division and notify the public as directed in subsections 4.1 and 4.2.

7.1.2.3 When required by the Division, samples shall be taken by suppliers of water for both CWSs and NCWSs utilizing ground water only, at representative points in the distribution system.

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

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

7.2.1.1 The minimum number of samples required to be taken by the system shall be based on the number of treatment plants used by the system, except that multiple wells drawing raw water from a single aquifer may be considered one (1) treatment plant for determining the minimum number of samples.

7.2.1.2 Determination of the corrosivity characteristics of the water shall include measurement of pH, calcium hardness, alkalinity, temperature, total dissolved solids (total filterable residue) and the calculation of the Langelier Index (LI) in accordance with subsection 7.2.3.1. The determination of corrosivity characteristics shall only include one (1) round of sampling (two (2) samples per plant for surface water and one sample per plant for ground water sources). However, the Division may require addition or more frequent monitoring as appropriate. In addition, the Division has the discretion to require monitoring for additional parameters which may indicate corrosivity characteristics such as sulfates and chlorides. In certain cases, the Aggressive Index (AI) as described in subsection 7.2.3.2 can be used instead of the LI. The Division will make this determination. Waters exhibiting a LI of less than -2.0 or an AI of less than 10.0 shall be considered highly corrosive/aggressive.

7.2.2 Reporting to the Division: The supplier of water shall report to the Division the results of the analyses for corrosivity characteristics pursuant to subsection 4.1.1.

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

7.2.3.1 Langelier Index -- "Standard Methods for the Examination of Water and Wastewater," 19th Edition, Method 203.

7.2.3.2 Aggressive Index -- "AWWA Standard for Asbestos-Cement Pipe, 4 in. through 24 in. for Water Other Liquids," AWWA C400-77, Revision of C400-75, AWWA, Denver, Colorado.

7.2.3.3 Total Filterable Residue -- "Standard Methods for the Examination of Water and Wastewater," 19th Edition, Method 208B, or "Methods of Chemical Analysis of Water and Wastes," Method 160.1.

7.2.3.4 Temperature, Calcium, Alkalinity, and pH -- in accordance with 40 CFR 141.23(k)(1). Copies may be obtained from the Office of Drinking Water.

7.2.3.5 Chloride and Sulfate – in accordance with 40 CFR 143.4. Copies may be obtained from the Office of Drinking Water.

7.2.3.6 Any alternate analytical technique approved by the Division.

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

7.2.4.1 Lead from piping, solder, caulking, interior lining of distribution mains, alloys and home plumbing.

7.2.4.2 Copper from piping and alloys, service lines and home plumbing.

7.2.4.3 Galvanized piping, service lines and home plumbing.

7.2.4.4 Ferrous piping materials such as cast iron and steel.

7.2.4.5 Asbestos cement pipe.

7.2.4.6 Vinyl lined asbestos cement pipe.

7.2.4.7 Coal tar lined pipes and tanks.

7.2.4.8 In addition, the Division may require identification and reporting of other materials of construction present in distribution systems that may contribute contaminants to the drinking water.

8.1 Regulatory Classification:

8.1.1 All public water systems shall:

8.1.1.1 Meet all bacteriological requirements;

8.1.1.2 Meet the nitrate and nitrite requirements and;

8.1.1.3 Conform with provisions of Section 5.0.

8.1.2 All community and non-transient non-community public water systems as defined in Section 1.0 shall:

8.1.2.1 Meet all the requirements of subsection 8.1.1 and;

8.1.2.2 Meet all other Primary Standards and;

8.1.2.3 Meet all requirements of subsection 6.1.7.

8.1.3 All community public water systems as defined in Section 1.0 and that serve more than 500 service connections within the state shall:

8.1.3.1 Meet all requirements of subsection 8.1.1 and;

8.1.3.2 Meet all requirements of subsection 8.1.2 and;

8.1.3.3 Meet all other primary and secondary standards.

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

8.2 Disinfection: When it is specifically required by these regulations, or when it is deemed to be required to ensure compliance with subsection 3.4 or where it is demonstrated through bacteriological testing that there is a need for disinfection, continuous disinfection shall be provided. The disinfection shall be chlorine, unless a substitute is approved prior to installation. Plans and specifications for the disinfection system shall be approved in accordance with subsection 2.11. When the disinfection is instituted, it shall be operated such that a free chlorine residual of at least 0.3 mg/L is maintained throughout the water distribution system. The supplier of water shall keep accurate records of the amount of chlorine used and shall have an approved test kit for measuring both free and total chlorine residuals. The supplier of water shall be required to conduct chlorine residual testing at least daily, and shall report these results to the Division on a monthly basis in accordance with subsection 4.1.1. If a substitute disinfectant is approved, the operational and monitoring requirements shall be specified by the Division.

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

8.3 Maximum Residual Disinfection Levels (MRDLs):

8.3.1 Maximum residual disinfection levels are as follows:

8.3.2 Compliance dates:

8.3.2.1 CWSs and NTNCWSs. Subpart H systems serving 10,000 or more persons must comply with this section beginning December 16, 2001. Subpart H systems serving fewer than 10,000 persons and systems using only ground water not under the direct influence of surface water must comply with section 8.4 beginning December 16, 2003.

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

8.3.3 The Administrator, U.S. Environmental Protection Agency, pursuant to section 1412 of the Safe Drinking Water Act, hereby identifies the following as the best technology, treatment techniques, or other means available for achieving compliance with the maximum residual disinfectant levels identified in section 8.3.1: control of treatment processes to reduce disinfectant demand and control of disinfection treatment processes to reduce disinfectant levels.

8.4 Sampling, Analytical Requirements, and Compliance Determinations for Disinfectant Residuals, Disinfection Byproducts, and Disinfection Precursors:

8.4.1 General requirements: The requirements of this section constitute national primary drinking water regulations.

8.4.1.1 The regulations in this section establish criteria under which community water systems (CWSs) and non-transient, non-community water systems (NTNCWSs) which add a chemical disinfectant to the water in any part of the drinking water treatment process must modify their practices to meet MCLs and MRDLs in subsections 6.2.1.2 and 8.3, respectively, and must meet the treatment technique requirements for disinfection byproduct precursors in subsection 8.7.

8.4.1.2 The regulations in this section establish criteria under which transient NCWSs that use chlorine dioxide as a disinfectant or oxidant must modify their practices to meet the MRDL for chlorine dioxide in subsection 8.3.

8.4.1.3 EPA has established MCLs for TTHM and HAA5 and treatment technique requirements for disinfection byproduct precursors to limit the levels of known and unknown disinfection byproducts which may have adverse health effects. These disinfection byproducts may include chloroform; bromodichloromethane; dibromochloromethane; bromoform; dichloroacetic acid; and trichloroacetic acid.

8.4.2 Compliance Dates

8.4.2.1 CWSs and NTNCWSs. Unless otherwise noted, systems must comply with the requirements of this section as follows. Subpart H systems serving 10,000 or more persons must comply with this section beginning December 16, 2001. Subpart H systems serving fewer than 10,000 persons and systems using only ground water not under the direct influence of surface water must comply with this section beginning December 16, 2003. All systems must comply with these MCLs until the date specified in subsection 8.9.1.3.

8.4.2.2 Transient NCWSs. Subpart H systems serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant must comply with any requirements for chlorine dioxide and chlorite in this section beginning December 16, 2001. Subpart H systems serving fewer than 10,000 persons and using chlorine dioxide as a disinfectant or oxidant and systems using only ground water not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must comply with any requirements for chlorine dioxide and chlorite in this section beginning December 16, 2003.

8.4.3 Each CWS and NTNCWS regulated under subsection 8.4.1 must be operated by qualified personnel who meet the requirements specified by the State and are included in a State register of qualified operators.

8.4.4 Control of disinfectant residuals. Notwithstanding the MRDLs in subsection 8.3, systems may increase residual disinfectant levels in the distribution system of chlorine or chloramines (but not chlorine dioxide) to a level and for a time necessary to protect public health, to address specific microbiological contamination problems caused by circumstances such as, but not limited to, distribution line breaks, storm run-off events, source water contamination events, or cross-connection events.

8.4.5 For compliance with this section systems must use analytical methods in accordance with 40 CFR 141.131(a); 40 CFR 141.131(b)(1-2); 40 CFR 141.131(c)(1-2); and 40 CFR 141.131(d)(1-6. Copies may be obtained from the Office of Drinking Water.

8.4.5.1 Analysis under this section for disinfection byproducts must be conducted by laboratories that have received certification by EPA or the Division, except as specified under subsection 8.4.7.2.1.3. To receive certification to conduct analysis for the contaminants in subsection 6.2.1.2, the laboratory must carry out annual analyses of performance evaluation (PE) samples approved by EPA or the Division. In the analyses of PE samples, the laboratory must achieve quantitative results within the acceptance limit on all of the analytes included in each PE sample. The acceptance limit is defined as the 95% confidence interval calculated around the mean of the PE study data between a maximum and a minimum acceptance limit of+/-50% and +/-15% of the study mean.

8.4.5.2 A party approved by the EPA or the Division must measure residual disinfectant concentration.

8.4.6 Monitoring requirements – General requirements:

8.4.6.1 Systems must take all samples during normal operating conditions.

8.4.6.2 Systems may consider multiple wells drawing from a single aquifer as one treatment plant for determining the minimum of TTHM and HAA5 samples required, with the approval of the Division in accordance with criteria developed under subsection 6.2.3.1.

8.4.6.3 Failure to monitor in accordance with the monitoring plan required under subsection 8.4.11 is a monitoring violation.

8.4.6.4 Failure to monitor will be treated as a violation for the entire period covered by the annual average where compliance is based on a running annual average of monthly or quarterly samples or averages and the system's failure to monitor makes it impossible to determine compliance with MCLs or MRDLs.

8.4.6.5 Systems may use only data collected under the provisions of this section or 61 FR 24368, May 14, 1996 to qualify for reduced monitoring.

8.4.7 Monitoring requirements for disinfection byproducts:

8.4.7.1 TTHM and HAA5

8.4.7.1.1 Routine monitoring. Systems must monitor at the frequency indicated in the following table:

1 If a system elects to sample more frequently than the minimum required, at least 25% of all samples collected each quarter (including those taken in excess of the required frequency) must be taken at locations that represent the maximum residence time of the water in the distribution system. The remaining samples must be taken at locations representative of at least average residence time in the distribution system.

2 Multiple wells drawing from a single aquifer may be considered one treatment plant for determining the minimum number of samples required, with Division approval in accordance with criteria developed under subsection 6.2.3.1.

8.4.7.1.2 Reduced monitoring. Systems may reduce monitoring, except as otherwise provided, in accordance with the following table:

Note: Any Subpart H system serving fewer than 500 persons may not reduce its monitoring to less than one sample per treatment plant per year.

8.4.7.1.3 Monitoring requirements for source water TOC. In order to qualify for reduced monitoring for TTHM and HAA5 under subsection 8.4.7.1.2, subpart H systems not monitoring under the provisions of subsection 8.4.9.1 must take monthly TOC samples every 30 days at a location prior to any treatment, beginning April 1, 2008 or earlier, if specified by the Division. In addition to meeting the other criteria for reduced monitoring in subsection 8.4.7.1.2, the source water TOC running annual average must be <=4.0 mg/L (based on the most recent four quarters of monitoring) on a continuing basis at each treatment plant to reduce or remain on reduced monitoring for TTHM and HAA5. Once qualified for reduced monitoring for TTHM and HAA5 under subsection 8.4.7.1.2, a system may reduce source water TOC monitoring to quarterly TOC samples taken every 90 days at a location prior to treatment.

8.4.7.1.4 Systems on a reduced monitoring schedule may remain on that reduced schedule as long as the average of all samples taken in the year (for systems which must monitor quarterly) or the result of the sample (for systems which must monitor no more frequently than annually) is no more than 0.060 mg/L and 0.045 mg/L for TTHMs and HAA5, respectively. Systems that do not meet these levels must resume monitoring at the frequency identified in subsection 8.4.7.1.1 in the quarter immediately following the quarter in which the system exceeds 0.060 mg/L and 0.045 mg/L for TTHMs and HAA5, respectively. For systems using only groundwater not under the direct influence of surface water and serving fewer than 10,000 persons, if either the TTHM annual average is >0.080 mg/L or the HAA5 annual average is >0.060 mg/L, the system must go to increased monitoring identified in subsection 8.4.7.1.1(sample location column) in the quarter immediately following the monitoring period in which the system exceeds 0.080 mg/L or 0.060 mg/L for TTHMs or HAA5s respectively.

8.4.7.1.5 Systems on increased monitoring may return to routine monitoring if, after at least one year of monitoring their TTHM annual average is <0.060 mg/L and their HAA5 annual average is <0.045 mg/L.

8.4.7.1.6 The Division may return a system to routine monitoring at the Division’s discretion.

8.4.7.2 Chlorite. Community and non-transient non-community water systems using chlorine dioxide, for disinfection or oxidation, must conduct monitoring for chlorite.

8.4.7.2.1 Routine monitoring

8.4.7.2.1.1 Daily monitoring. Systems must take daily samples at the entrance to the distribution system. For any daily sample that exceeds the chlorite MCL, the system must take additional samples in the distribution system the following day at the locations required by section 8.4.7.2.2, in addition to the sample required at the entrance to the distribution system.

8.4.7.2.1.2 Monthly monitoring. Systems must take a three-sample set each month in the distribution system. The system must take one sample at each of the following locations: near the first customer, at a location representative of average residence time, and at a location reflecting maximum residence time in the distribution system. Any additional routine sampling must be conducted in the same manner (as three-sample sets, at the specified locations). The system may use the results of additional monitoring conducted under subsection 8.4.7.2.2 to meet the requirement for monitoring in this paragraph.

8.4.7.2.1.3 A party approved by EPA or the Division must measure daily chlorite samples at the entrance to the distribution system.

8.4.7.2.2 Additional monitoring. On each day following a routine sample monitoring result that exceeds the chlorite MCL at the entrance to the distribution system, the system is required to take three chlorite distribution system samples at the following locations: as close to the first customer as possible, in a location representative of average residence time, and as close to the end of the distribution system as possible (reflecting maximum residence time in the distribution system).

8.4.7.2.3 Reduced monitoring.

8.4.7.2.3.1 Chlorite monitoring at the entrance to the distribution system required by subsection 8.4.7.2.1.1 may not be reduced.

8.4.7.2.3.2 Chlorite monitoring in the distribution system required by subsection 8.4.7.2.1.2 may be reduced to one three-sample set per quarter after one year of monitoring where no individual chlorite sample taken in the distribution system under subsection 8.4.7.2.1.2 has exceeded the chlorite MCL and the system has not been required to conduct monitoring under subsection 8.4.7.2.2. The system may remain on the reduced monitoring schedule until either any of the three individual chlorite samples taken quarterly in the distribution system under subsection 8.4.7.2.1.2 exceeds the chlorite MCL or the system is required to conduct monitoring under subsection 8.4.7.2.2, at which time the system must revert to routine monitoring.

8.4.7.3 Bromate.

8.4.7.3.1 Routine monitoring. Community and non-transient non-community systems using ozone, for disinfection or oxidation, must take one sample per month for each treatment plant in the system using ozone. Systems must take samples monthly at the entrance to the distribution system while the ozonation system is operating under normal conditions.

8.4.7.3.2 Reduced monitoring.

8.4.7.3.2.1 Until March 31, 2009, systems required to analyze for bromate may reduce monitoring from monthly to once per quarter, if the system demonstrates that the average source water bromide concentration is less than 0.05 mg/L based upon representative monthly bromide measurements for one year. The system may remain on reduced bromate monitoring until the running annual average source water bromide concentration, computed quarterly, is equal to or greater than 0.05 mg/L based upon representative monthly measurements. If the running annual average source water bromide concentration is >0.05 mg/L, the system must resume routine monitoring required by subsection 8.4.7.3.1.

8.4.7.3.2.2 Beginning April 1, 2009, systems may no longer use the provisions of subsection 8.4.7.3.2.1 to qualify for reduced monitoring. A system required to analyze for bromate may reduce monitoring from monthly to quarterly, if the system running annual average bromate concentration is <0.0025 mg/L based on monthly bromate measurements under subsection 8.4.7.3.1 for the most recent four quarters, with samples analyzed using Method 317.0 Revision 2.0, 326.0 or 321.8. If a system has qualified for reduced bromate monitoring under subsection 8.4.7.3.2.1 that system may remain on reduced monitoring as long as the running annual average of quarterly bromate samples <0.0025 mg/L based on samples analyzed using Method 317.0 Revision 2.0, 326.0, or 321.8. If the running annual average bromate concentration is >0.0025 mg/L, the system must resume routine monitoring required by subsection 8.4.7.3.1.

8.4.8 Monitoring requirements for disinfectant residuals.

8.4.8.1 Chlorine and Chloramines.

8.4.8.1.1 Routine monitoring. Systems must measure the residual disinfectant level at the same points in the distribution system and at the same time as total coliforms are sampled, as specified in Section 5.0. Subpart H systems may use the results of residual disinfectant concentration sampling conducted under subsection 10.5.3, in lieu of taking separate samples.

8.4.8.1.2 Reduced monitoring. Monitoring may not be reduced.

8.4.8.2 Chlorine dioxide.

8.4.8.2.1 Routine monitoring. Community, non-transient non-community, and transient non-community water systems that use chlorine dioxide for disinfection or oxidation must take daily samples at the entrance to the distribution system. For any daily sample that exceeds the MRDL, the system must take samples in the distribution system the following day at the locations required by subsection 8.4.8.2.2, in addition to the sample required at the entrance to the distribution system.

8.4.8.2.2 Additional monitoring. On each day following a routine sample monitoring result that exceeds the MRDL, the system is required to take three chlorine dioxide distribution system samples. If chlorine dioxide or chloramines are used to maintain a disinfectant residual in the distribution system, or if chlorine is used to maintain a disinfectant residual in the distribution system and there are no disinfection addition points after the entrance to the distribution system (i.e., no booster chlorination), the system must take three samples as close to the first customer as possible, at intervals of at least six hours. If chlorine is used to maintain a disinfectant residual in the distribution system and there are one or more disinfection addition points after the entrance to the distribution system (i.e., booster chlorination), the system must take one sample at each of the following locations: as close to the first customer as possible, in a location representative of average residence time, and as close to the end of the distribution system as possible (reflecting maximum residence time in the distribution system).

8.4.8.2.3 Reduced monitoring. Chlorine dioxide monitoring may not be reduced.

8.4.9 Monitoring requirements for disinfection byproduct precursors (DBPP).

8.4.9.1 Routine monitoring. Subpart H systems which use conventional filtration treatment (as defined in Section 1.0) must monitor each treatment plant for TOC no later than the point of combined filter effluent turbidity monitoring and representative of the treated water. All systems required to monitor under this paragraph must also monitor for TOC in the source water prior to any treatment at the same time as monitoring for TOC in the treated water. These samples (source water and treated water) are referred to as paired samples. At the same time as the source water sample is taken, all systems must monitor for alkalinity in the source water prior to any treatment. Systems must take one paired sample and one source water alkalinity sample per month per plant at a time representative of normal operating conditions and influent water quality.

8.4.9.2 Reduced monitoring. Subpart H systems with an average treated water TOC of less than 2.0 mg/L for two consecutive years, or less than 1.0 mg/L for one year, may reduce monitoring for both TOC and alkalinity to one paired sample and one source water alkalinity sample per plant per quarter. The system must revert to routine monitoring in the month following the quarter when the annual average treated water TOC >2.0 mg/L.

8.4.10 Bromide: Until April 1, 2009, systems required to analyze for bromate may reduce bromate monitoring from monthly to once per quarter, if the system demonstrates that the average source water bromide concentration is less than 0.05 mg/L based upon representative monthly measurements for one year. The system must continue bromide monitoring to remain on reduced bromate monitoring.

8.4.11 Monitoring plans. Each system required to monitor under this subsection 8.4 must develop and implement a monitoring plan. The system must maintain the plan and make it available for inspection by the State and the general public no later than 30 days following the applicable compliance dates in subsection 8.4.2. All Subpart H systems serving more than 3300 people must submit a copy of the monitoring plan to the State no later than the date of the first report required under subsection 8.6. The State may also require the plan to be submitted by any other system. After review, the State may require changes in any plan elements. The plan must include at least the following elements.

8.4.11.1 Specific locations and schedules for collecting samples for any parameters included in this section.

8.4.11.2 How the system will calculate compliance with MCLs, MRDLs, and treatment techniques.

8.4.11.3 If approved for monitoring as a consecutive system, or if providing water to a consecutive system, under the provisions of subsection 2.16.1, the sampling plan must reflect the entire distribution system.

8.5 Compliance requirements:

8.5.1 General requirements.

8.5.1.1 Where compliance is based on a running annual average of monthly or quarterly samples or averages and the system's failure to monitor for TTHM, HAA5, or bromate, this failure to monitor will be treated as a monitoring violation for the entire period covered by the annual average. Where compliance is based on a running annual average of monthly or quarterly samples or averages and the system's failure to monitor makes it impossible to determine compliance with MRDLs for chlorine and chloramines, this failure to monitor will be treated as a monitoring violation for the entire period covered by the annual average.

8.5.1.2 All samples taken and analyzed under the provisions of this section must be included in determining compliance, even if that number is greater than the minimum required.

8.5.1.3 If, during the first year of monitoring under subsection 8.4, any individual quarter’s average will cause the running annual average of that system to exceed the MCL, the system is out of compliance at the end of that quarter.

8.5.2 Disinfection byproducts.

8.5.2.1 TTHMs and HAA5s

8.5.2.1.1 For systems monitoring quarterly, compliance with MCLs in subsection 6.2.1.2 must be based on a running annual arithmetic average, computed quarterly, of quarterly arithmetic averages of all samples collected by the system as prescribed by subsection 8.4.7.1. If the running annual arithmetic average of quarterly averages covering any consecutive four-quarter period exceeds the MCL, the system is in violation of the MCL and must notify the public pursuant to subsection 4.2, in addition to reporting to the State pursuant to subsection 8.6. If a PWS fails to complete four consecutive quarters' monitoring, compliance with the MCL for the last four-quarter compliance period must be based on an average of the available data.

8.5.2.1.2 For systems monitoring less frequently than quarterly, compliance must be based on an average of samples taken that year under the provisions of subsection 8.4.7.1. If the average of these samples exceeds the MCL, the system must increase monitoring to once per quarter per treatment plant and such a system is not in violation of the MCL until it has completed one year of quarterly monitoring, unless the result of fewer than four quarters of monitoring will cause the running annual average to exceed the MCL, in which case the system is in violation at the end of that quarter. Systems required to increase monitoring frequency to quarterly monitoring must calculate compliance by including the sample that triggered the increased monitoring plus the following three quarters of monitoring.

8.5.2.2 Bromate. Compliance must be based on a running annual arithmetic average, computed quarterly, of monthly samples (or, for months in which the system takes more than one sample, the average of all samples taken during the month) collected by the system as prescribed by section 8.4.7.3. If the average of samples covering any consecutive four-quarter period exceeds the MCL, the system is in violation of the MCL and must notify the public pursuant to section 4.2, in addition to reporting to the State pursuant to section 8.6. If a PWS fails to complete 12 consecutive months' monitoring, compliance with the MCL for the last four-quarter compliance period must be based on an average of the available data.

8.5.2.3 Chlorite. Compliance must be based on an arithmetic average of each three sample set taken in the distribution system as prescribed by subsections 8.4.7.2.1.1 and 8.4.7.2.2. If the arithmetic average of any three sample set exceeds the MCL, the system is in violation of the MCL and must notify the public pursuant to subsection 4.2, in addition to reporting to the State pursuant to subsection 8.6.

8.5.3 Disinfectant residuals.

8.5.3.1 Chlorine and chloramines.

8.5.3.1.1 Compliance must be based on a running annual arithmetic average, computed quarterly, of monthly averages of all samples collected by the system under subsection 8.4.8.1. If the average of quarterly averages covering any consecutive four-quarter period exceeds the MRDL, the system is in violation of the MRDL and must notify the public pursuant to subsection 4.2, in addition to reporting to the State pursuant to subsection 8.6.

8.5.3.1.2 In cases where systems switch between the use of chlorine and chloramines for residual disinfection during the year, compliance must be determined by including together all monitoring results of both chlorine and chloramines in calculating compliance. Reports submitted pursuant to section 8.6 must clearly indicate which residual disinfectant was analyzed for each sample.

8.5.3.2 Chlorine dioxide

8.5.3.2.1 Acute violations. Compliance must be based on consecutive daily samples collected by the system under subsection 8.4.8.2. If any daily sample taken at the entrance to the distribution system exceeds the MRDL, and on the following day one (or more) of the three samples taken in the distribution system exceed the MRDL, the system is in violation of the MRDL and must take immediate corrective action to lower the level of chlorine dioxide below the MRDL and must notify the public pursuant to the procedures for acute health risks in subsection 4.2 in addition to reporting to the Division pursuant to subsection 8.6. Failure to take samples in the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system will also be considered an MRDL violation and the system must notify the public of the violation in accordance with the provisions for acute violations under subsection 4.2 in addition to reporting to the Division in accordance with subsection 8.6.

8.5.3.2.2 Non-acute violations. Compliance must be based on consecutive daily samples collected by the system under subsection 8.4.8.2. If any two consecutive daily samples taken at the entrance to the distribution system exceed the MRDL and all distribution system samples taken are below the MRDL, the system is in violation of the MRDL and must take corrective action to lower the level of chlorine dioxide below the MRDL at the point of sampling and will notify the public pursuant to the procedures for non-acute health risks in subsection 4.2 in addition to reporting to the Division pursuant to subsection 8.6. Failure to monitor at the entrance to the distribution system the day following an exceedance of the chlorine dioxide MRDL at the entrance to the distribution system is also an MRDL violation and the system must notify the public of the violation in accordance with the provisions for non-acute violations under subsection 4.2 in addition to reporting to the Division in accordance with subsection 8.6.

8.5.4 Disinfection byproduct precursors (DBPP). Compliance must be determined as specified by subsection 8.7.3. Systems may begin monitoring to determine whether Step 1 TOC removals can be met 12 months prior to the compliance date for the system. This monitoring is not required and failure to monitor during this period is not a violation. However, any system that does not monitor during this period, and then determines in the first 12 months after the compliance date that it is not able to meet the Step 1 requirements in subsection 8.7.2.2 and must therefore apply for alternate minimum TOC removal (Step 2) requirements, is not eligible for retroactive approval of alternate minimum TOC removal (Step 2) requirements as allowed pursuant to subsection 8.7.2.3 and is in violation. Systems may apply for alternate minimum TOC removal (Step 2) requirements any time after the compliance date. For systems required to meet Step 1 TOC removals, if the value calculated under subsection 8.7.3.1.4 is less than 1.00, the system is in violation of the treatment technique requirements and must notify the public pursuant to subsection 4.2, in addition to reporting to the Division pursuant to subsection 8.6.

8.6 Reporting and recordkeeping requirements:

8.6.1 Systems required to sample quarterly or more frequently must report to the State within 10 days after the end of each quarter in which samples were collected, notwithstanding the provisions of subsections 4.1.1, 4.1.2, 4.1.3, 4.1.7 and 4.1.8. Systems required to sample less frequently than quarterly must report to the State within 10 days after the end of each monitoring period in which samples were collected.

8.6.2 Disinfection byproducts. Systems must report the information specified in the following table:

1 The Division may choose to perform calculations and determine whether the MCL was exceeded, in lieu of having the system report that information.

8.6.3 Disinfectants. Systems must report the information specified in the following table:

1 The Division may choose to perform calculations and determine whether the MRDL was exceeded, in lieu of having the system report that information.

8.6.4 Disinfection byproduct precursors and enhanced coagulation or enhanced softening. Systems must report the information specified in the following table:

1 The Division may choose to perform calculations and determine whether the treatment technique was met, in lieu of having the system report the information.

8.7 Treatment Technique for Control of Disinfection Byproduct (DBP) Precursors:

8.7.1 Applicability.

8.7.1.1 Subpart H systems using conventional filtration treatment (as defined in section 1.0) must operate with enhanced coagulation or enhanced softening to achieve the TOC percent removal levels specified in subsection 8.7.2 unless the system meets at least one of the alternative compliance criteria listed in subsections 8.7.1.2 or 8.7.1.3.

8.7.1.2 Alternative compliance criteria for enhanced coagulation and enhanced softening systems. Subpart H systems using conventional filtration treatment may use the alternative compliance criteria in subsections 8.7.1.2.1 through 8.7.1.2.6 to comply with this section in lieu of complying with subsection 8.7.2. Systems must still comply with monitoring requirements in 8.4.9.

8.7.1.2.1 The system’s source water TOC level, measured according to 40 CFR 141.131(d)(3), is less than 2.0 mg/L, calculated quarterly as a running annual average.

8.7.1.2.2 The system’s treated water TOC level, measured according to 40 CFR 141.131(d)(3), is less than 2.0 mg/L, calculated quarterly as a running annual average.

8.7.1.2.3 The system's source water TOC level, measured as required by 40 CFR 141.131(d)(3), is less than 4.0 mg/L, calculated quarterly as a running annual average; the source water alkalinity, measured according to 40 CFR 141.131(d)(1), is greater than 60 mg/L (as CaCO3), calculated quarterly as a running annual average; and either the TTHM and HAA5 running annual averages are no greater than 0.040 mg/L and 0.030 mg/L, respectively; or prior to the effective date for compliance in subsection 8.4.2, the system has made a clear and irrevocable financial commitment not later than the effective date for compliance in subsection 8.4.2 to use of technologies that will limit the levels of TTHMs and HAA5 to no more than 0.040 mg/L and 0.030 mg/L, respectively. Systems must submit evidence of a clear and irrevocable financial commitment, in addition to a schedule containing milestones and periodic progress reports for installation and operation of appropriate technologies, to the State for approval not later than the effective date for compliance in subsection 8.4.2. These technologies must be installed and operating not later than June 16, 2005. Failure to install and operate these technologies by the date in the approved schedule will constitute a violation of National Primary Drinking Water Regulations.

8.7.1.2.4 The TTHM and HAA5 running annual averages are no greater than 0.040 mg/L and 0.030 mg/L, respectively, and the system uses only chlorine for primary disinfection and maintenance of a residual in the distribution system.

8.7.1.2.5 The system's source water SUVA, prior to any treatment and measured monthly according to 40 CFR 141.131(d)(4), is less than or equal to 2.0 L/mg-m, calculated quarterly as a running annual average.

8.7.1.2.6 The system’s finished water SUVA, measured monthly according to 40 CFR 141.131(d)(4), is less than or equal to 2.0 L/mg-m, calculated quarterly as a running annual average.

8.7.1.3 Additional alternative compliance criteria for softening systems. Systems practicing enhanced softening that cannot achieve the TOC removals required by 8.7.2.2 may use the alternative compliance criteria in subsections 8.7.1.3.1 and 8.7.1.3.2 in lieu of complying with subsection 8.7.2. Systems must still comply with monitoring requirements in subsection 8.4.9.

8.7.1.3.1 Softening that results in lowering the treated water alkalinity to less than 60 mg/L (as CaCO3), measured monthly according to 40 CFR 141.131(d)(1) and calculated quarterly as a running annual average.

8.7.1.3.2 Softening that results in removing at least 10 mg/L of magnesium hardness (as CaCO3), measured monthly according to subsection 8.4.5.1 and calculated quarterly as an annual running average.

8.7.2 Enhanced coagulation and enhanced softening performance requirements.

8.7.2.1 Systems must achieve the percent reduction of TOC specified in subsection 8.7.2.2 between the source water and the combined filter effluent, unless the State approves a system's request for alternate minimum TOC removal (Step 2) requirements under subsection 8.7.2.3.

8.7.2.2 Required Step 1 TOC reductions, indicated in the following table, are based upon specified source water parameters measured in accordance with 40 CFR 141.131(d). Systems practicing softening are required to meet the Step 1 TOC reductions in the far-right column (Source water alkalinity >120 mg/L) for the specified source water TOC:

Step 1 Required Removal of TOC by Enhanced Coagulation and Enhanced Softening for Subpart H Systems Using Conventional Treatment1,2

1 Systems meeting at least one of the conditions in subsections 8.7.1.2.1 through 8.7.1.2.6 are not required to operate with enhanced coagulation.

2 Softening systems meeting one of the alternative compliance criteria in subsection 8.7.1.3 are not required to operate with enhanced softening.

3 Systems practicing softening must meet the TOC removal requirements in this column.

8.7.2.3 Subpart H conventional treatment systems that cannot achieve the Step 1 TOC removals required by subsection 8.7.2.2 due to water quality parameters or operational constraints must apply to the State, within three months of failure to achieve the TOC removals required by subsection 8.7.2.2, for approval of alternative minimum TOC (Step 2) removal requirements submitted by the system. If the State approves the alternative minimum TOC removal (Step 2) requirements, the State may make those requirements retroactive for the purposes of determining compliance. Until the State approves the alternate minimum TOC removal (Step 2) requirements, the system must meet the Step 1 TOC removals contained in subsection 8.7.2.2.

8.7.2.4 Alternate minimum TOC removal (Step 2) requirements. Applications made to the State by enhanced coagulation systems for approval of alternative minimum TOC removal (Step 2) requirements under subsection 8.7.2.3 must include, as a minimum, results of bench- or pilot-scale testing conducted under subsection 8.7.2.4.1 and used to determine the alternate enhanced coagulation level.

8.7.2.4.1 Alternate enhanced coagulation level is defined as coagulation at a coagulant dose and pH as determined by the method described in subsections 8.7.2.4.1 through 8.7.2.4.5 such that an incremental addition of 10 mg/L of alum (as aluminum) (or equivalent amount of ferric salt) results in a TOC removal of < 0.3 mg/L. The percent removal of TOC at this point on the ``TOC removal versus coagulant dose'' curve is then defined as the minimum TOC removal required for the system. Once approved by the State, this minimum requirement supersedes the minimum TOC removal required by the table in subsection 8.7.2.2. This requirement will be effective until such time as the State approves a new value based on the results of a new bench- and pilot-scale test. Failure to achieve State-set alternative minimum TOC removal levels is a violation of National Primary Drinking Water Regulations.

8.7.2.4.2 Bench- or pilot-scale testing of enhanced coagulation must be conducted by using representative water samples and adding 10 mg/L increments of alum (as aluminum) (or equivalent amounts of ferric salt) until the pH is reduced to a level less than or equal to the enhanced coagulation Step 2 target pH shown in the following table:

Enhanced Coagulation Step 2 Target pH

8.7.2.4.3 For waters with alkalinities of less than 60 mg/L for which addition of small amounts of alum or equivalent addition of iron coagulant drives the pH below 5.5 before significant TOC removal occurs, the system must add necessary chemicals to maintain the pH between 5.3 and 5.7 in samples until the TOC removal of 0.3 mg/L per 10 mg/L alum added (as aluminum) (or equivalent addition of iron coagulant) is reached.

8.7.2.4.4 The system may operate at any coagulant dose or pH necessary (consistent with other NPDWRs) to achieve the minimum TOC percent removal approved under subsection 8.7.2.3.

8.7.2.4.5 If the TOC removal is consistently less than 0.3 mg/L of TOC per 10 mg/L of incremental alum dose (as aluminum) at all dosages of alum (or equivalent addition of iron coagulant), the water is deemed to contain TOC not amenable to enhanced coagulation. The system may then apply to the State for a waiver of enhanced coagulation requirements.

8.7.3 Compliance Calculations:

8.7.3.1 Subpart H systems other than those identified in subsections 8.7.1.2 or 8.7.1.3 must comply with requirements contained in subsections 8.7.2.2 or 8.7.2.3. Systems must calculate compliance quarterly, beginning after the system has collected 12 months of data, by determining an annual average using the following method:

8.7.3.1.1 Determine actual monthly TOC removal, equal to: (1-(treated water TOC/source water TOC)) X 100.

8.7.3.1.2 Determine the required monthly TOC percent removal (from either the table in subsection 8.7.2.2 or from subsection 8.7.2.3).

8.7.3.1.3 Divide the value in subsection 8.7.3.1.1 by the value in section 8.7.3.1.2.

8.7.3.1.4 Add together the results of subsection 8.7.3.1.3 for the last 12 months and divide by 12.

8.7.3.1.5 If the value calculated in subsection 8.7.3.1.4 is less than 1.00, the system is not in compliance with the TOC percent removal requirements.

8.7.3.2 Systems may use the provisions in subsections 8.7.3.2.1 through 8.7.3.2.5 in lieu of the calculations in subsections 8.7.3.1.1 through 8.7.3.1.5 to determine compliance with TOC percent removal requirements.

8.7.3.2.1 In any month that the system's treated or source water TOC level, measured according to 40 CFR 141.131(d)(3), is less than 2.0 mg/L, the system may assign a monthly value of 1.0 (in lieu of the value calculated in subsection 8.7.3.1.3) when calculating compliance under the provisions of subsection 8.7.3.1.

8.7.3.2.2 In any month that a system practicing softening removes at least 10 mg/L of magnesium hardness (as CaCO3), the system may assign a monthly value of 1.0 (in lieu of the value calculated in subsection 8.7.3.1.3) when calculating compliance under the provisions of subsection 8.7.3.1.

8.7.3.2.3 In any month that the system's source water SUVA, prior to any treatment and measured according to 40 CFR 141.131(d)(4), is <2.0 L/mg-m, the system may assign a monthly value of 1.0 (in lieu of the value calculated in subsection 8.7.3.1.3) when calculating compliance under the provisions of subsection 8.7.3.1.

8.7.3.2.4 In any month that the system's finished water SUVA, measured according to 40 CFR 141.131(d)(4), is <2.0 L/mg-m, the system may assign a monthly value of 1.0 (in lieu of the value calculated in subsection 8.7.3.1.3) when calculating compliance under the provisions of section 8.7.3.1.

8.7.3.2.5 In any month that a system practicing enhanced softening lowers alkalinity below 60 mg/L (as CaCO3), the system may assign a monthly value of 1.0 (in lieu of the value calculated in subsection 8.7.3.1.3) when calculating compliance under the provisions of subsection 8.7.3.1.

8.7.3.3 Subpart H systems using conventional treatment may also comply with the requirements of this section by meeting the criteria in subsection 8.7.1.2 or 8.7.1.3.

8.7.4 Treatment technique requirements for DBP precursors. The Division? identifies the following as treatment techniques to control the level of disinfection byproduct precursors in drinking water treatment and distribution systems: For Subpart H systems using conventional treatment, enhanced coagulation or enhanced softening.

8.8 Initial Distribution System Evaluations

8.8.1 General requirements.

8.8.1.1 The requirements of subsection 8.8 constitute national primary drinking water regulations. The regulations in this subpart establish monitoring and other requirements for identifying subsection 8.9 compliance monitoring locations for determining compliance with maximum contaminant levels for total trihalomethanes (TTHM) and haloacetic acids (five)(HAA5). You must use an Initial Distribution System Evaluation (IDSE) to determine locations with representative high TTHM and HAA5 concentrations throughout your distribution system. IDSEs are used in conjunction with, but separate from, subsection 8.4 compliance monitoring, to identify and select subsection 8.9 compliance monitoring locations.

8.8.1.2 Applicability. You are subject to these requirements if your system is a community water system that uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light; or if your system is a nontransient noncommunity water system that serves at least 10,000 people and uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light.

8.8.1.3 Schedule.

8.8.1.3.1 You must comply with the requirements of this section on the schedule in the table in this paragraph.

8.8.1.3.2 For the purpose of the schedule in subsection 8.8.1.3.1, the Division may determine that the combined distribution system does not include certain consecutive systems based on factors such as receiving water from a wholesale system only on an emergency basis or receiving only a small percentage and small volume of water from a wholesale system. The Division may also determine that the combined distribution system does not include certain wholesale systems based on factors such as delivering water to a consecutive system only on an emergency basis or delivering only a small percentage and small volume of water to a consecutive system.

8.8.1.4 You must conduct standard monitoring that meets the requirements in subsection 8.8.2, or a system specific study that meets the requirements in section 8.8.3, or certify to the State that you meet 40/30 certification criteria under subsection 8.8.4, or qualify for a very small system waiver under subsection 8.8.5.

8.8.1.4.1 You must have taken the full complement of routine TTHM and HAA5 compliance samples required of a system with your population and source water under subsection 8.4 of this part (or you must have taken the full complement of reduced TTHM and HAA5 compliance samples required of a system with your population and source water under subsection 8.4 if you meet reduced monitoring criteria under subsection 8.4 of this part) during the period specified in subsection 8.8.4.1 to meet the 40/30 certification criteria in subsection 8.8.4. You must have taken TTHM and HAA5 samples under subsections 8.4.5.1 and 8.4.6 to be eligible for the very small system waiver in subsection 8.8.5.

8.8.1.4.2 If you have not taken the required samples, you must conduct standard monitoring that meets the requirements in subsection 8.8.2, or a system specific study that meets the requirements in subsection 8.8.3.

8.8.1.5 You must use only the analytical methods specified in subsection 8.4.5.1, or otherwise approved by EPA for monitoring under this section, to demonstrate compliance with the requirements of this section.

8.8.1.6 IDSE results will not be used for the purpose of determining compliance with MCLs in subsection 6.2.1.2.

8.8.2 Standard monitoring.

8.8.2.1 Standard monitoring plan. Your standard monitoring plan must comply with subsections 8.8.2.1 through 8.8.2.1.4. You must prepare and submit your standard monitoring plan to the Division according to the schedule in subsection 8.8.1.3.

8.8.2.1.1 Your standard monitoring plan must include a schematic of your distribution system (including distribution system entry points and their sources, and storage facilities), with notes indicating locations and dates of all projected standard monitoring, and all projected compliance monitoring in subsection 8.4.

8.8.2.1.2 Your standard monitoring plan must include justification of standard monitoring location selection and a summary of data you relied on to justify standard monitoring location selection.

8.8.2.1.3 Your standard monitoring plan must specify the population served and system type (subpart H or ground water).

8.8.2.1.4 You must retain a complete copy of your standard monitoring plan submitted under this subsection (8.8.2.1), including any Division modification of your standard monitoring plan, for as long as you are required to retain your IDSE report under subsection 8.8.2.3.4.

8.8.2.2 Standard monitoring.

8.8.2.2.1 You must monitor as indicated in the table in this subsection (8.8.2.2.1). You must collect dual sample sets at each monitoring location. One sample in the dual sample set must be analyzed for TTHM. The other sample in the dual sample set must be analyzed for HAA5. You must conduct one monitoring period during the peak historical month for TTHM levels or HAA5 levels or the month of warmest water temperature. You must review available compliance, study, or operational data to determine the peak historical month for TTHM or HAA5 levels or warmest water temperature.

8.8.2.2.2 You must take samples at locations other than the existing monitoring locations in subsection 8.4. Monitoring locations must be distributed throughout the distribution system.

8.8.2.2.3 If the number of entry points to the distribution system is fewer than the specified number of entry point monitoring locations, excess entry point samples must be replaced equally at high TTHM and HAA5 locations. If there is an odd extra location number, you must take a sample at a high TTHM location. If the number of entry points to the distribution system is more than the specified number of entry point monitoring locations, you must take samples at entry points to the distribution system having the highest annual water flows.

8.8.2.2.4 Your monitoring under this subsection 8.8.2.2 may not be reduced under the provisions of subsection 9.2.5.

8.8.2.3 IDSE report. Your IDSE report must include the elements required in subsections 8.8.2.3.1 through 8.8.2.3.4. You must submit your IDSE report to the Division according to the schedule in subsection 8.8.1.3.

8.8.2.3.1 Your IDSE report must include all TTHM and HAA5 analytical results from compliance monitoring under subsection 8.4 and all standard monitoring conducted during the period of the IDSE as individual analytical results and LRAAs presented in a tabular or spreadsheet format acceptable to the Division. If changed from your standard monitoring plan submitted under subsection 8.8.1, your report must also include a schematic of your distribution system, the population served, and system type (subpart H or ground water).

8.8.2.3.2 Your IDSE report must include an explanation of any deviations from your approved standard monitoring plan.

8.8.2.3.3 You must recommend and justify compliance monitoring locations and timing under subsection 8.9 based on the protocol in subsection 8.8.6.

8.8.2.3.4 You must retain a complete copy of your IDSE report submitted under this section for 10 years after the date that you submitted your report. If the Division modifies the monitoring requirements under subsection 8.9 that you recommended in your IDSE report or if the Division approves alternative monitoring locations, you must keep a copy of the Division's notification on file for 10 years after the date of the Division's notification. You must make the IDSE report and any Division notification available for review by the Division or the public.

8.8.3 System specific studies.

8.8.3.1 System specific study plan. Your system specific study plan must be based on either existing monitoring results as required under subsection 8.8.1.1 or modeling as required under subsection 8.8.1.2. You must prepare and submit your system specific study plan to the Division according to the schedule in subsection 8.8.1.3.

8.8.3.1.1 Existing monitoring results. You may comply by submitting monitoring results collected before you are required to begin monitoring under subsection 8.8.1.3. The monitoring results and analysis must meet the criteria in subsections 8.8.3.1.1.1 and 8.8.3.1.1.2.

8.8.3.1.1.1 Minimum requirements.

8.8.3.1.1.1.1 TTHM and HAA5 results must be based on samples collected and analyzed in accordance with subsection 8.4.5.1. Samples must be collected no earlier than five years prior to the study plan submission date.

8.8.3.1.1.1.2 The monitoring locations and frequency must meet the conditions identified in this subsection 8.8.3.1.1.1.2. Each location must be sampled once during the peak historical month for TTHM levels or HAA5 levels or the month of warmest water temperature for every 12 months of data submitted for that location. Monitoring results must include all compliance monitoring results under subsection 8.4 plus additional monitoring results as necessary to meet minimum sample requirements.

8.8.3.1.1.2 Reporting monitoring results. You must report the information in this subsection 8.8.3.1.1.2.

8.8.3.1.1.2.1 You must report previously collected monitoring results and certify that the reported monitoring results include all compliance and non-compliance results generated during the time period beginning with the first reported result and ending with the most recent results collected under subsection 8.4.

8.8.3.1.1.2.2 You must certify that the samples were representative of the entire distribution system and that the treatment and distribution system have not changed significantly since the samples were collected.

8.8.3.1.1.2.3 Your study monitoring plan must include a schematic of your distribution system (including distribution system entry points and their sources, and storage facilities), with notes indicating the locations and dates of all completed or planned system specific study monitoring.

8.8.3.1.1.2.4 Your system specific study plan must specify the population served and system type (subpart H or ground water).

8.8.3.1.1.2.5 You must retain a complete copy of your system specific study plan submitted under this subsection 8.8.3.1.1, including any Division modification of your system specific study plan, for as long as you are required to retain your IDSE report under subsection 8.8.3.2.5.

8.8.3.1.1.2.6 If you submit previously collected data that fully meet the number of samples required under subsection 8.8.3.1.1.1.2 and the Division rejects some of the data, you must either conduct additional monitoring to replace rejected data on a schedule the Division approves or conduct standard monitoring under subsection 8.8.2.

8.8.3.1.2 Modeling. You may comply through analysis of an extended period simulation hydraulic model. The extended period simulation hydraulic model and analysis must meet the criteria in this subsection 8.8.3.1.2.

8.8.3.1.2.1 Minimum requirements.

8.8.3.1.2.1.1 The model must simulate 24 hour variation in demand and show a consistently repeating 24 hour pattern of residence time.

8.8.3.1.2.1.2 The model must represent the criteria listed in subsections 8.8.3.1.2.1.2.1 through 8.8.3.1.2.1.2.9.

8.8.3.1.2.1.2.1 75% of pipe volume;

8.8.3.1.2.1.2.2 50% of pipe length;

8.8.3.1.2.1.2.3 All pressure zones;

8.8.3.1.2.1.2.4 All 12-inch diameter and larger pipes;

8.8.3.1.2.1.2.5 All 8-inch and larger pipes that connect pressure zones, influence zones from different sources, storage facilities, major demand areas, pumps, and control valves, or are known or expected to be significant conveyors of water;

8.8.3.1.2.1.2.6 All 6-inch and larger pipes that connect remote areas of a distribution system to the main portion of the system;

8.8.3.1.2.1.2.7 All storage facilities with standard operations represented in the model; and

8.8.3.1.2.1.2.8 All active pump stations with controls represented in the model; and

8.8.3.1.2.1.2.9 All active control valves.

8.8.3.1.2.1.3 The model must be calibrated, or have calibration plans, for the current configuration of the distribution system during the period of high TTHM formation potential. All storage facilities must be evaluated as part of the calibration process. All required calibration must be completed no later than 12 months after plan submission.

8.8.3.1.2.2 Reporting modeling. Your system specific study plan must include the information in this subsection 8.8.3.1.2.2.

8.8.3.1.2.2.1 Tabular or spreadsheet data demonstrating that the model meets requirements in subsection 8.8.3.1.2.1.2.

8.8.3.1.2.2.2 A description of all calibration activities undertaken, and if calibration is complete, a graph of predicted tank levels versus measured tank levels for the storage facility with the highest residence time in each pressure zone, and a time series graph of the residence time at the longest residence time storage facility in the distribution system showing the predictions for the entire simulation period (i.e., from time zero until the time it takes to for the model to reach a consistently repeating pattern of residence time).

8.8.3.1.2.2.3 Model output showing preliminary 24 hour average residence time predictions throughout the distribution system.

8.8.3.1.2.2.4 Timing and number of samples representative of the distribution system planned for at least one monitoring period of TTHM and HAA5 dual sample monitoring at a number of locations no less than would be required for the system under standard monitoring in section 8.8.2 during the historical month of high TTHM. These samples must be taken at locations other than existing compliance monitoring locations in subsection 8.4.

8.8.3.1.2.2.5 Description of how all requirements will be completed no later than 12 months after you submit your system specific study plan.

8.8.3.1.2.2.6 Schematic of your distribution system (including distribution system entry points and their sources, and storage facilities), with notes indicating the locations and dates of all completed system specific study monitoring (if calibration is complete) and all compliance monitoring under subsection 8.4.

8.8.3.1.2.2.7 Population served and system type (subpart H or ground water).

8.8.3.1.2.2.8 You must retain a complete copy of your system specific study plan submitted under this subsection 8.8.3.1.2, including any Division modification of your system specific study plan, for as long as you are required to retain your IDSE report under subsection 8.8.3.1.2.7.

8.8.3.1.2.3 If you submit a model that does not fully meet the requirements under subsection 8.8.3.1.2, you must correct the deficiencies and respond to Division inquiries concerning the model. If you fail to correct deficiencies or respond to inquiries to the Division's satisfaction, you must conduct standard monitoring under 8.8.2.

8.8.3.2 IDSE report. Your IDSE report must include the elements required in subsections 8.8.3.2.1 through 8.8.3.2.6. You must submit your IDSE report according to the schedule in subsection 8.8.1.3.

8.8.3.2.1 Your IDSE report must include all TTHM and HAA5 analytical results from compliance monitoring under subsection 8.4 and all system specific study monitoring conducted during the period of the system specific study presented in a tabular or spreadsheet format acceptable to the Division. If changed from your system specific study plan submitted under paragraph (a) of this section, your IDSE report must also include a schematic of your distribution system, the population served, and system type (subpart H or ground water).

8.8.3.2.2 If you used the modeling provision under subsection 8.8.3.1.2, you must include final information for the elements described in subsection 8.8.3.1.2.2, and a 24-hour time series graph of residence time for each compliance monitoring location selected under subsection 8.9.

8.8.3.2.3 You must recommend and justify compliance monitoring locations under subsection 8.9 and timing based on the protocol in subsection 8.8.6.

8.8.3.2.4 Your IDSE report must include an explanation of any deviations from your approved system specific study plan.

8.8.3.2.5 Your IDSE report must include the basis (analytical and modeling results) and justification you used to select the recommended monitoring locations under subsection 8.9.

8.8.3.2.6 You may submit your IDSE report in lieu of your system specific study plan on the schedule identified in subsection 8.8.1.3 for submission of the system specific study plan if you believe that you have the necessary information by the time that the system specific study plan is due. If you elect this approach, your IDSE report must also include all information required under subsection 8.8.3.1.

8.8.3.2.7 You must retain a complete copy of your IDSE report submitted under this section for 10 years after the date that you submitted your IDSE report. If the Division modifies the monitoring requirements under subsection 8.9 that you recommended in your IDSE report or if the Division approves alternative monitoring locations, you must keep a copy of the Division's notification on file for 10 years after the date of the Division's notification. You must make the IDSE report and any Division notification available for review by the Division or the public.

8.8.4 40/30 certification.

8.8.4.1 Eligibility. You are eligible for 40/30 certification if you had no TTHM or HAA5 monitoring violations under subsection 8.4 of this part and no individual sample exceeded 0.040 mg/L for TTHM or 0.030 mg/L for HAA5 during an eight consecutive calendar quarter period beginning no earlier than the date specified in this subsection (8.8.4.1).

1 Unless you are on reduced monitoring under section 8.4 of this part and were not required to monitor during the specified period. If you did not monitor during the specified period, you must base your eligibility on compliance samples taken during the 12 months preceding the specified period.

8.8.4.2 40/30 certification.

8.8.4.2.1 You must certify to your Division that every individual compliance sample taken under subsection 8.4 of this part during the periods specified in subsection 8.8.4.1 were < =0.040 mg/L for TTHM and < =0.030 mg/L for HAA5, and that you have not had any TTHM or HAA5 monitoring violations during the period specified in subsection 8.8.4.1.

8.8.4.2.2 The Division may require you to submit compliance monitoring results, distribution system schematics, and/or recommended compliance monitoring under subsection 8.9 locations in addition to your certification. If you fail to submit the requested information, the Division may require standard monitoring under subsection 8.8.2 or a system specific study under subsection 8.8.3.

8.8.4.2.3 The Division may still require standard monitoring under subsection 8.8.2 or a system specific study under subsection 8.8.3 even if you meet the criteria in subsection 8.8.4.1.

8.8.4.2.4 You must retain a complete copy of your certification submitted under this subsection for 10 years after the date that you submitted your certification. You must make the certification, all data upon which the certification is based, and any Division notification available for review by the Division or the public.

8.8.5 Very small system waivers.

8.8.5.1 If you serve fewer than 500 people and you have taken TTHM and HAA5 samples under subsection 8.4 of this part, you are not required to comply with this section unless the Division notifies you that you must conduct standard monitoring under subsection 8.8.2 or a system specific study under subsection 8.8.3.

8.8.5.2 If you have not taken TTHM and HAA5 samples under subsection 8.4 of this part or if the Division notifies you that you must comply with this section, you must conduct standard monitoring under subsection 8.8.2 or a system specific study under subsection 8.8.3.

8.8.6 Subsection 8.9 compliance monitoring location recommendations.

8.8.6.1 Your IDSE report must include your recommendations and justification for where and during what month(s) TTHM and HAA5 monitoring for subsection 8.9 of this part should be conducted. You must base your recommendations on the criteria in subsections 8.8.6.2 through 8.8.6.5.

8.8.6.2 You must select the number of monitoring locations specified in the table in this subsection (8.8.6.2). You will use these recommended locations as routine compliance monitoring locations for subsection 8.9, unless the Division requires different or additional locations. You should distribute locations throughout the distribution system to the extent possible.

8.8.6.3 You must recommend compliance monitoring locations under subsection 8.9 based on standard monitoring results, system specific study results, and compliance monitoring results under subsection 8.4. You must follow the protocol in subsections 8.8.6.3.1 through 8.8.6.3.8. If required to monitor at more than eight locations, you must repeat the protocol as necessary. If you do not have existing compliance monitoring results from subsection 8.4 or if you do not have enough existing compliance monitoring results from subsection 8.4, you must repeat the protocol, skipping the provisions of subsections 8.8.6.3.3 and 8.8.6.3.7 as necessary, until you have identified the required total number of monitoring locations.

8.8.6.3.1 Location with the highest TTHM LRAA not previously selected as a monitoring location under subsection 8.9.

8.8.6.3.2 Location with the highest HAA5 LRAA not previously selected as a monitoring location under subsection 8.9.

8.8.6.3.3 Existing average residence time compliance monitoring location under subsection 8.4 (maximum residence time compliance monitoring location for ground water systems) with the highest HAA5 LRAA not previously selected as a monitoring location under subsection 8.9.

8.8.6.3.4 Location with the highest TTHM LRAA not previously selected as a monitoring location under subsection 8.9.

8.8.6.3.5 Location with the highest TTHM LRAA not previously selected as a monitoring location under subsection 8.9.

8.8.6.3.6 Location with the highest HAA5 LRAA not previously selected as a monitoring location under subsection 8.9.

8.8.6.3.7 Existing average residence time compliance monitoring location under subsection 8.4 (maximum residence time compliance monitoring location for ground water systems) with the highest TTHM LRAA not previously selected as a monitoring location under subsection 8.9.

8.8.6.3.8 Location with the highest HAA5 LRAA not previously selected as a monitoring location under subsection 8.9.

8.8.6.4 You may recommend locations other than those specified in subsection 8.8.6.3 if you include a rationale for selecting other locations. If the Division approves the alternate locations, you must monitor at these locations to determine compliance under subsection 8.9 of this part.

8.8.6.5 Your recommended schedule must include monitoring under subsection 8.9 during the peak historical month for TTHM and HAA5 concentration, unless the Division approves another month. Once you have identified the peak historical month, and if you are required to conduct routine monitoring at least quarterly, you must schedule compliance monitoring under subsection 8.9 at a regular frequency of every 90 days or fewer.

8.9 Stage 2 Disinfection Byproducts Requirements

8.9.1 General requirements.

8.9.1.1 General. The requirements of subsection 8.9 constitute national primary drinking water regulations. The regulations in this section establish monitoring and other requirements for achieving compliance with maximum contaminant levels based on locational running annual averages (LRAA) for total trihalomethanes (TTHM) and haloacetic acids (five)(HAA5), and for achieving compliance with maximum residual disinfectant residuals for chlorine and chloramine for certain consecutive systems.

8.9.1.2 Applicability. You are subject to these requirements if your system is a community water system or a nontransient noncommunity water system that uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light.

8.9.1.3 Schedule. You must comply with the requirements in this section on the schedule in the following table based on your system type.