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DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Division of Public Health

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

PROPOSED

PUBLIC NOTICE

4462 Public Drinking Water Systems

On September 1, 2015, the Department of Health and Social Services, Division of Public Health, Office of Drinking Water, plans to republish revised Regulations Governing Public Drinking Water Systems and hold them out for public comment per Delaware law.

The purpose of the regulations is to update the regulations to align them with federal requirements and clarify the current regulations. The regulations are being revised to include:

Revised Total Coliform Rule (RTCR) as section 7.4. This rule was finalized by EPA on April 1, 2012.
Reorganization of the regulations by breaking up the large sections into smaller sections, allowing for easier reviews and checking of regulatory requirements. The Regulations are going from 10 sections to 20 sections.
Section 4.1.6 on page 16 is being expanded to provide specific examples of unusual events so water system owners/operators have a more clear idea of when they need to contact DPH.
Incorporate revisions identified by EPA when they reviewed the previous regulations.
Sections that are no longer relevant or that have been superseded by more recent regulations have been deleted.

NOTICE OF PUBLIC HEARING

A public hearing will be held on Wednesday September 30, 2015, at 2:00 p.m. in the Large Conference Room, Office of Drinking Water, Edgehill Shopping Center, 43 South DuPont Highway, Dover, Delaware.

Copies of the proposed regulations are available for review in the September 1, 2015 edition of the Delaware Register of Regulations, accessible online at: http://regulations.delaware.gov or by calling the Division of Public Health at (302) 744-4951.

Any person who wishes to make written suggestions, testimony, briefs or other written materials concerning the proposed regulation should submit such comments by Thursday, October 8, 2015 to:

Jamie Mack, Executive Assistant

Office of the Director

Delaware Division of Public Health

Jesse Cooper Building

417 Federal St.

Dover, DE 19901

Email: jamie.mack@state.de.us

Fax: 302-739-3984

4462 Public Drinking Water Systems

1.0 General Provisions

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

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

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

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.

2.0 Definitions

The following definitions shall apply to these regulations:

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

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

"Approved" means approved by the Division.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"Health 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:

Works which are of adequate capacity to meet the maximum demands without creating health hazards and which are located, designed and constructed to eliminate or prevent pollution.
Any one or any combination of the controlled processes of coagulation, sedimentation, absorption, filtration, disinfection or other processes appropriate to the sources of supply, which produces water consistently meeting the requirements of these Regulations.
Conscientious operation of a public water supply by an individual in direct responsible charge who is acceptable to the Division, and meets the certification requirements of the Division.

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

Tier 1 public notice – required for National Primary Drinking Water (NPDWR) violations and situations with significant potential to have serious adverse effects on human health as a result of short-term exposure.
Tier 2 public notice – required for all other NPDWR violations and situations with potential to have serious adverse effects on human health.
Tier 3 public notice – required for all other NPDWR violations and situations not included in Tier 1 and Tier 2.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

For the fermentation tube test, five (5) standard portions of either twenty (20) milliliters (ml) or one hundred (100) ml.
For the membrane filter technique, not less than one hundred (100) ml.

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

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

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

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

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

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

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

Total Organic Carbon (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.

17 DE Reg. 439 (10/01/13)

3.0 Source and Protection

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

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

4.1 Reporting

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Loss of pressure
Well pump failure
Main break with associated loss of pressure
Loss of disinfectant or other treatment failure
Acts of vandalism
Discovery of malicious intent

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:

Contaminant

MCL/MRDL/TT violations2

Monitoring and Testing Procedure violations

Tier of Public Notice Required

Citation

Tier of Public Notice Required

Citation

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

A. Microbiological Contaminants

1. Total coliform

2

5.0

3

5.0

2. Fecal coliform/E. coli

1

5.0

41,3

5.0

3. Turbidity MCL

2

7.0

3

7.0

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

52,1

7.1.1.2

3

7.1.2.2

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

62,1

7.1.2.1

3

7.1.2.2

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

2

10.4.1

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

10.4.3

10.9.1.2

10.13.1

3

10.5.1

10.10

10.13.1

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

72

10.7

10.8

10.9

10.13.1

3

10.8

10.10

10.13.1

8. Filter Backwash Recycling Rule violations.

2

10.12

3

10.12

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

2

10.13.1

3

10.13.1

10. Long Term 2 Enhanced Surface water Treatment Rule violations

2

10.14.11-10.14.21

222,3

10.14.2-10.14.6 and 10.14.9-10.14.10

11.Ground Water Rule Violations

2

5.4

3

5.4.4.2

B. Inorganic Chemicals (IOCs)

1. Antimony

2

6.1

3

6.1.2

2. Arsenic

2

86.1

3

116.1.2

3. Asbestos(fibers >10 microns)

2

6.1

3

6.1.2

4. Barium

2

6.1

3

6.1.2

5. Beryllium

2

6.1

3

6.1.2

6. Cadmium

2

6.1

3

6.1.2

7. Chromium (Total)

2

6.1

3

6.1.2

8. Cyanide

2

6.1

3

6.1.2]

9. Fluoride

1,2

6.1

3

6.1.2

10. Mercury (inorganic)

2

6.1

3

6.1.2

11. Nickel

2

6.1

3

6.1.2

12. Nitrate

1

6.1

121,3

6.1.2

13. Nitrite

1

6.1

121,3

6.1.2

14. Total Nitrate and Nitrite

1

6.1

3

6.1.2

15. Selenium

2

6.1

3

6.1.2

16. Thallium

2

6.1

3

6.1.2

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

1. Lead and Copper rule (TT)

2

6.7

3

6.7

D. Synthetic Organic Chemicals (SOCs)

1. 2,4 - D

2

6.2.1.1

3

6.2.2

2. 2,4,5 –TP

2

6.2.1.1

3

6.2.2

3. Alachlor

2

6.2.1.1

3

6.2.2

4. Atrazine

2

6.2.1.1

3

6.2.2

5. Benzo(a)pyrene (PAHs)

2

6.2.1.1

3

6.2.2

6. Carbofuran

2

6.2.1.1

3

6.2.2

7. Chlordane

2

6.2.1.1

3

6.2.2

8. Dalapon

2

6.2.1.1

3

6.2.2

9. Di (2-ethylhexyl) adipate

2

6.2.1.1

3

6.2.2

10. Di (2-ethylhexyl) phthalate

2

6.2.1.1

3

6.2.2

11. Dibromochloropropane

2

6.2.1.1

3

6.2.2

12. Dinoseb

2

6.2.1.1

3

6.2.2]

13. Dioxin (2,3,7,8 – TCDD)

2

6.2.1.1

3

6.2.2

14. Diquat

2

6.2.1.1

3

6.2.2

15. Endothall

2

6.2.1.1

3

6.2.2

16. Endrin

2

6.2.1.1

3

6.2.2

17. Ethylene Dibromide

2

6.2.1.1

3

6.2.2

18. Glyphosate

2

6.2.1.1

3

6.2.2

19. Heptachlor

2

6.2.1.1

3

6.2.2

20. Heptachlor epoxide

2

6.2.1.1

3

6.2.2

21. Hexachlorobenzene

2

6.2.1.1

3

6.2.2

22. Hexachlorocyclopentadiene

2

6.2.1.1

3

6.2.2

23. Lindane

2

6.2.1.1

3

6.2.2

24. Methoxychlor

2

6.2.1.1

3

6.2.2

25. Oxamyl (Vydate)

2

6.2.1.1

3

6.2.2

26. Pentachlorophenol

2

6.2.1.1

3

6.2.2

27. Picloram

2

6.2.1.1

3

6.2.2

28. Polychlorinated biphenyls (PCBs)

2

6.2.1.1

3

6.2.2

29. Simazine

2

6.2.1.1

3

6.2.2

30. Toxaphene

2

6.2.1.1

3

6.2.2

E. Volatile Organic Chemicals (VOCs)

1. Benzene

2

6.2.1.3

3

6.2.2

2. Carbon tetrachloride

2

6.2.1.3

3

6.2.2

3. Chlorobenzene (monochlorobenzene)

2

6.2.1.3

3

6.2.2

4. o-Dichlorobenzene

2

6.2.1.3

3

6.2.2

5. p-Dichlorobenzene

2

6.2.1.3

3

6.2.2

6. 1,2-Dichloroethane

2

6.2.1.3

3

6.2.2

7. 1,1-Dichloroethylene

2

6.2.1.3

3

6.2.2

8. cis-1,2,-Dichloroethylene

2

6.2.1.3

3

6.2.2

9. trans-1,2-Dichloroethylene

2

6.2.1.3

3

6.2.2

10. Dichloromethane

2

6.2.1.3

3

6.2.2

11. 1,2-Dichloropropane

2

6.2.1.3

3

6.2.2

12. Ethylbenzene

2

6.2.1.3

3

6.2.2

13. Styrene

2

6.2.1.3

3

6.2.2

14. Tetrachloroethylene

2

6.2.1.3

3

6.2.2

15. Toluene

2

6.2.1.3

3

6.2.2

16. 1,2,4-Trichlorobenzene

2

6.2.1.3

3

6.2.2

17. 1,1,1-Trichloroethane

2

6.2.1.3

3

6.2.2

18. 1,1,2-Trichloroethane

2

6.2.1.3

3

6.2.2

19. Trichloroethylene

2

6.2.1.3

3

6.2.2

20. Vinyl chloride

2

6.2.1.3

3

6.2.2

21. Xylenes (total)

2

6.2.1.3

3

6.2.2

22. Methyl tert Butyl Ether

2

6.2.1.3

3

6.2.2

F. Radioactive Contaminants

1. Beta/photon emitters

2

9.1.1.4

3

9.2

2. Alpha emitters

2

9.1.1.3

3

9.2

3. Combined radium (226 & 228)

2

9.1.1.2

3

9.2

4. Uranium

92

9.1.1.5

103

9.2

G. Disinfection Byproducts (DBPs), Byproduct Precursors, Disinfection Residuals.13

1. Total trihalomethanes (TTHMs)

2

146.2.1.2

3

6.2.3

2. Haloacetic Acids (HAA5)

2

6.2.1.2

3

6.2.3

3. Bromate

2

6.2.1.2

3

6.2.3

4. Chlorite

2

6.2.1.2

3

6.2.3

5. Chlorine(MRDL)

2

8.3.1

3

8.4

6. Chloramine (MRDL)

2

8.3.1

3

8.4

7. Chlorine dioxide (MRDL), where any

two consecutive daily samples at

entrance to the distribution system only

are above MRDL

2

8.3.1

215,3

8.4

8. Chlorine dioxide (MRDL), where

sample(s) in distribution system the

next day are also above MRDL

161

8.3.1

1

8.4

9. Control of DBP precursors – TOC (TT)

2

8.7

3

8.7.1.1

10. Bench marking and disinfection

profiling

N/A

N/A

3

10.8]

11. Development of monitoring plan

N/A

N/A

3

10.8

H. Other Treatment Techniques

1. Acrylamide

2

6.3.3

N/A

N/A

2. Epichlorohydrin

2

6.3.3

N/A

N/A

II. Unregulated Contaminant Monitoring17

A. Unregulated contaminants

N/A

N/A

3

CFR 141.40

III. Other Situations Requiring Public Notice

A. Exceedance of nitrate MCL for

non-community systems, as allowed

by the Division

1

6.1.2.11

N/A

N/A

B. Availability of unregulated

contaminant monitoring data

3

CFR 141.40

N/A

N/A

C. Waterborne disease outbreak

1

1.0

N/A

N/A

D. Other waterborne emergency20

1

N/A

N/A

N/A

E. Other situations as determined by

the Division

211,2,3

N/A

N/A

N/A

F. Source water sample positive for

Ground Water Rule Fecal indicators:

E. coli, enterococci, or coliphage.

1

5.4.3.7

N/A

N/A

1 Violations and other situations not listed in this table (e.g., failure to prepare Consumer Confidence Reports) do not require notice, unless otherwise determined by the Division. The Division may, at their option, also require a more stringent public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead of tier 3) for specific violations and situations listed in this Table, as authorized under section 4.2.1.1.5.
2 MCL – Maximum Contaminant Level, MRDL – Maximum Residual Disinfectant Level, TT – Treatment Technique
3 The term Violations of National Primary Drinking Water Regulations (NPDWR) is used here to include violations of MCL, MRDL, treatment technique, monitoring, and testing procedure requirements.
4 Failure to test for fecal coliform or E. coli is a Tier 1 violation if testing is not done after any repeat sample tests positive for coliform. All other total coliform monitoring and testing procedure violations are Tier 3
5 Systems that violate the turbidity MCL of 5 NTU based on an average of measurements over two consecutive days must consult with the Division within 24 hours after learning of the violation. Based on this consultation, the Division may subsequently decide to elevate the violation to Tier 1. If a system is unable to make contact with the Division in the 24-hour period, the violation is automatically elevated to Tier 1.
6 Systems with treatment technique violations involving a single exceedance of a maximum turbidity limit under the Surface Water Treatment Rule (SWTR), the Interim Enhanced Surface Water Treatment Rule (IESWTR) or the Long Term 1 Enhanced Surface Water Treatment Rule (LT1ESWTR are required to consult with the Division within 24 hours after learning of the violation. Based on this consultation, the Division may subsequently decide to elevate the violation to Tier 1. If a system is unable to make contact with the Division in the 24-hour period, the violation is automatically elevated to Tier 1.
7 Most of the requirements of the IESWTR sections 10.7, 10.9 through 10.11 become effective January 1, 2002 for Subpart H systems (surface water systems and groundwater under the direct influence of surface water) serving at least 10,000 persons. However, section 10.8 has some requirements that become effective as early as April 16, 1999. The SWTR remains in effect for systems serving at least 10,000 persons even after 2002; the IESWTR adds additional requirements and does not in many cases supersede the SWTR.
8 The arsenic MCL citations are effective January 23, 2006. Until then, the citations are §141.11(b) and §141.23(n).
9 The uranium MCL Tier 2 violation citations are effective December 8, 2003 for all community water systems.
10 The uranium Tier 3 violation citations are effective December 8, 2000 for all community water systems.
11 The arsenic Tier 3 violation MCL citations are effective December 8, 2003 for all community water systems.
12 Failure to take a confirmation sample within 24 hours for nitrate or nitrite after an initial sample exceeds the MCL is a Tier 1 violation. Other monitoring violations for nitrate are Tier 3.
13 Subpart H community and non-transient non-community systems serving > 10,000 must comply with new DBP MCLs, disinfectant MRDLs, and related monitoring requirements beginning January 1, 2002. All other community and non-transient non-community systems must meet the MCLs and MRDLs beginning January 1, 2004. Subpart H transient non-community systems serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2002. Subpart H transient non-community systems serving fewer than 10,000 persons and using only groundwater not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2004.
14 CFR 141.64(b)(1) 141.132(a)-(b) apply until §§141.620-141.630 take effect under the schedule in §141.620(c).
15 Failure to monitor for chlorine dioxide at the entrance to the distribution system the day after exceeding the MRDL at the entrance to the distribution system is a Tier 2 violation.
16 If any daily sample taken at the entrance to the distribution system exceeds the MRDL for chlorine dioxide and one or more samples taken in the distribution system the next day exceed the MRDL, Tier 1 notification is required. Failure to take the required samples in the distribution system after the MRDL is exceeded at the entry point also triggers Tier 1 notification.
17 Some water systems must monitor for certain unregulated contaminants listed in CFR 141.40
20 Other waterborne emergencies require a Tier 1 public notice under section 4.2.1.1.1.1.8 for situations that do not meet the definition of a waterborne disease outbreak given in 40 CFR 141.2 but that still have the potential to have serious adverse effects on health as a result of short-term exposure. These could include outbreaks not related to treatment deficiencies, as well as situations that have the potential to cause outbreaks, such as failures or significant interruption in water treatment processes, natural disasters that disrupt the water supply or distribution system, chemical spills, or unexpected loading of possible pathogens into the source water.
21 The Division may place other situations in any tier it believes appropriate, based on threat to public health.
22 Failure to collect three or more samples for Cryptosporidium analysis is a Tier 2 violation requiring special notice as specified in section 4.2.1.1.1.1.6. All other monitoring and testing violations are Tier 3.

4.2.3.2 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:

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

4.2.5 Public Notification Requirements Pertaining to VOCs and MRDLs: If a CWS or NTNCWS fails to comply with an applicable MCL or MRDL level established under 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 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). If the US EPA has developed and published a final health advisory then the system must report the results in accordance with this section. 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

Contaminant

Traditional MCL in mg/L

To convert for CCR, multiply by

MCL in CCR units

MCLG

Microbiological Contaminants

1. Total coliform bacteria

MCL: (systems that collect >40 samples/month) 5% of monthly samples are positive; (systems that collect <40 samples/month) 1 positive monthly sample.

0

2. Fecal coliform and E. coli

A routine sample and a repeat sample are total coliform positive, and one is also fecal coliform or E. coli positive.

0

3. Fecal Indicators (enterococci or coliphage)

TT

TT

N/A

4. Total organic carbon (ppm)

TT

TT

N/A

5. Turbidity

TT (NTU)

TT

n/a

Radioactive Contaminants

6. Beta/photon emitters

4 mrem/yr

4 mrem/yr

0

7. Alpha emitters

15 pCi/l

15 pCi/l

0

8. Combined radium

5 pCi/l

5 pCi/l

0

9. Uranium

30 µg/L

30 µg/L

Inorganic Contaminants

10. Antimony

.006

1000

6 ppb

6

11. Arsenic

.010

1000

10

0

12. Asbestos

7 MFL

7 MFL

7

13. Barium

2

2 ppm

2

14. Beryllium

.004

1000

4 ppb

4

15. Cadmium

.005

1000

5 ppb

5

16. Chromium

.1

1000

100 ppb

100

17. Copper

AL=1.3

AL=1.3 ppm

1.3

18. Cyanide

.2

1000

200 ppb

200

19. Fluoride

2.0

2.0 ppm

2.0

20. Lead

AL=.015

1000

AL=15 ppb

0

21. Mercury (inorganic)

.002

1000

2 ppb

2

22. Nitrate (as Nitrogen)

10

10 ppm

10

23. Nitrite (as Nitrogen)

1

1 ppm

1

23a. Nitrate/nitrite (as Nitrogen)

10

10 ppm

10

24. Selenium

.05

1000

50 ppb

50

25. Thallium

.002

1000

2 ppb

0.5

Synthetic Organic Contaminants including Pesticides and Herbicides

26. 2,4-D

.07

1000

70 ppb

70

27. 2,4,5-TP [Silvex]

.05

1000

50 ppb

50

28. Acrylamide

TT

TT

0

29. Alachlor

.002

1000

2 ppb

0

30. Atrazine

.003

1000

3 ppb

3

31. Benzo(a)pyrene [PAH]

.0002

1,000,000

200 ppt

0

32. Carbofuran

.04

1000

40 ppb

40

33. Chlordane

.002

1000

2 ppb

0

34. Dalapon

.2

1000

200 ppb

200

35. Di(2-ethylhexyl)adipate

.4

1000

400 ppb

400

36. Di(2-ethylhexyl) phthalate

.006

1000

6 ppb

0

37. Dibromochloropropane

.0002

1,000,000

200 ppt

0

38. Dinoseb

.007

1000

7 ppb

7

39. Diquat

.02

1000

20 ppb

20

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

.00000003

1,000,000,000

30 ppq

0

41. Endothall

.1

1000

100 ppb

100

42. Endrin

.002

1000

2 ppb

2

43. Epichlorohydrin

TT

TT

0

44. Ethylene dibromide

.00005

1,000,000

50 ppt

0

45. Glyphosate

.7

1000

700 ppb

700

46. Heptachlor

.0004

1,000,000

400 ppt

0

47. Heptachlor epoxide

.0002

1,000,000

200 ppt

0

48. Hexachlorobenzene

.001

1000

1 ppb

0

49. hexachlorocyclopentadiene

.05

1000

50 ppb

50

50. Lindane

.0002

1,000,000

200 ppt

200

51. Methoxychlor

.04

1000

40 ppb

40

52. Oxamyl [Vydate]

.2

1000

200 ppb

200

53. PCBs [Polychlorinated biphenyls]

.0005

1,000,000

500 ppt

0

54. Pentachlorophenol

.001

1000

1 ppb

0

55. Picloram

.5

1000

500 ppb

500

56. Simazine

.004

1000

4 ppb

4

57. Toxaphene

.003

1000

3 ppb

0

Volatile Organic Contaminants

58. Benzene

.005

1000

5 ppb

0

59. Bromate

.010

1000

10

0

60. Carbon tetrachloride

.005

1000

5 ppb

0

61. Chloramines

MRDL = 4.0

MRDL = 4.0

MRDLG =4.0

62. Chlorine

MRDL = 4.0

MRDL =4.0

MRDLG =4.0

63. Chlorite

1

1

0.8

64. Chlorine dioxide

MRDL = .8

1000

MRDL = 800

MRDLG = 800

65. Chlorobenzene

.1

1000

100 ppb

100

66. o-Dichlorobenzene

.6

1000

600 ppb

600

67. p-Dichlorobenzene

.075

1000

75 ppb

75

68. 1,2-Dichloroethane

.005

1000

5 ppb

0

69. 1,1-Dichloroethylene

.007

1000

7 ppb

7

70. cis-1,2-Dichloroethylene

.07

1000

70 ppb

70

71. trans-1,2-Dichloroethylene

.1

1000

100 ppb

100

72. Dichloromethane

.005

1000

5 ppb

0

73. 1,2-Dichloropropane

.005

1000

5 ppb

0

74. Ethylbenzene

.7

1000

700 ppb

700

75. Haloacetic acids (HAA)

.060

1000

60 ppb

N/A

76. Methyl tert Butyl Ether

.01

1000

10 ppb

0

77. Styrene

.1

1000

100 ppb

100

78. Tetrachloroethylene

.001

1000

1 ppb

0

79. 1,2,4-Trichlorobenzene

.07

1000

70 ppb

70

80. 1,1,1-Trichloroethane

.2

1000

200 ppb

200

81. 1,1,2-Trichloroethane

.005

1000

5 ppb

3

82. Trichloroethylene

.001

1000

1 ppb

0

83. TTHMs [Total trihalomethanes]

0.10/0.080

1000

100/80 ppb

N/A

84. Toluene

1

1 ppm

1

85. Vinyl Chloride

.001

1000

1 ppb

0

86. Xylenes

10

10 ppm

10

. Control of DBP Precursors (TOC)

TT

TT

N/A

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

Contaminant

Major sources in drinking water

Microbiological Contaminants

1. Total Coliform Bacteria

Naturally present in the environment

2. Fecal coliform and E. coli

Human and animal fecal waste.

3. Fecal Indicators (enterococci or coliphage)

Human and animal fecal waste.

4. Total organic carbon (ppm)

Naturally present in the environment

5. Turbidity

Soil runoff

Radioactive Contaminants

6. Beta/photon emitters

Decay of natural and man-made deposits.

7. Alpha emitters

Erosion of natural deposits.

8. Combined radium

Erosion of natural deposits.

9. Uranium

Erosion of natural deposits.

Inorganic Contaminants

10. Antimony

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

11. Arsenic

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

12. Asbestos

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

13. Barium

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

14. Beryllium

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

15. Cadmium

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

16. Chromium

Discharge from steel and pulp mills; Erosion of natural deposits.

17. Copper

Corrosion of household plumbing systems; Erosion of natural deposits.

18. Cyanide

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

19. Fluoride

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

20. Lead

Corrosion of household plumbing systems; Erosion of natural deposits.

21. Mercury [inorganic]

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

22. Nitrate [as Nitrogen]

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

23. Nitrite [as Nitrogen]

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

23a. Nitrate/nitrite (as Nitrogen)

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

24. Selenium

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

25. Thallium

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

Synthetic Organic Contaminants including Pesticides and Herbicides

26. 2,4-D

Runoff from herbicide used on row crops.

27. 2,4,5-TP [Silvex]

Residue of banned herbicide.

28. Acrylamide

Added to water during sewage/ wastewater treatment.

29. Alachlor

Runoff from herbicide used on row crops.

30. Atrazine

Runoff from herbicide used on row crops.

31. Benzo(a)pyrene [PAH]

Leaching from linings of water storage tanks and distribution lines.

32. Carbofuran

Leaching of soil fumigant used on rice and alfalfa.

33. Chlordane

Residue of banned termiticide.

34. Dalapon

Runoff from herbicide used on rights of way.

35. Di(2-ethylhexyl) adipate

Discharge from chemical factories.

36. Di(2-ethylhexyl) phthalate

Discharge from rubber and chemical factories.

37. Dibromochloropropane

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

38. Dinoseb

Runoff from herbicide used on soybeans and vegetables.

39. Diquat

Runoff from herbicide use.

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

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

41. Endothall

Runoff from herbicide use.

42. Endrin

Residue of banned insecticide.

43. Epichlorohydrin

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

44. Ethylene dibromide

Discharge from petroleum refineries.

45. Glyphosate

Runoff from herbicide use.

46. Heptachlor

Residue of banned termiticide.

47. Heptachlor epoxide

Breakdown of heptachlor.

48. Hexachlorobenzene

Discharge from metal refineries and agricultural chemical factories.

49. Hexachlorocyclopentadiene

Discharge from chemical factories.

50. Lindane

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

51. Methoxychlor

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

52. Oxamyl [Vydate]

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

53. PCBs [Polychlorinated biphenyls]

Runoff from landfills; Discharge of waste chemicals.

54. Pentachlorophenol

Discharge from wood preserving factories.

55. Picloram

Herbicide runoff.

56. Simazine

Herbicide runoff.

57. Toxaphene

Runoff/leaching from insecticide used on cotton and cattle.

Volatile Organic Contaminants

58. Benzene

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

59. Bromate

Byproduct of drinking water disinfection.

60. Carbon tetrachloride

Discharge from chemical plants and other industrial activities.

61. Chloramines

Water additive used to control microbes.

62. Chlorine

Water additive used to control microbes.

63. Chlorite

Byproduct of drinking water disinfection.

64. Chlorine dioxide

Water additive used to control microbes.

65. Chlorobenzene

Discharge from chemical and agricultural chemical factories.

66. o-Dichlorobenzene

Discharge from industrial chemical factories.

67. p-Dichlorobenzene

Discharge from industrial chemical factories.

68. 1,2-Dichloroethane

Discharge from industrial chemical factories.

69. 1,1-Dichloroethylene

Discharge from industrial chemical factories.

70. cis-1,2-Dichloroethylene

Discharge from industrial chemical factories.

71. trans-1,2-Dichloroethylene

Discharge from industrial chemical factories.

72. Dichloromethane

Discharge from pharmaceutical and chemical factories.

73. 1,2-Dichloropropane

Discharge from industrial chemical factories.

74. Ethylbenzene

Discharge from petroleum refineries.

75. Haloacetic acids

By-product of drinking water disinfection.

76. Methyl tert Butyl Ether (MTBE)

Discharge from petroleum refineries; Leaching from gas storage tanks.

77. Styrene

Discharge from rubber and plastic factories; Leaching from landfills.

78. Tetrachloroethylene

Discharge from factories and dry cleaners.

79. 1,2,4-Trichlorobenzene

Discharge from textile- finishing factories.

80. 1,1,1-Trichloroethane

Discharge from metal degreasing sites and other factories.

81. 1,1,2-Trichloroethane

Discharge from industrial chemical factories.

82. Trichloroethylene

Discharge from metal degreasing sites and other factories.

83. TTHMs [Total trihalomethanes]

By-product of drinking water disinfection.

84. Toluene

Discharge from petroleum factories.

85. Vinyl Chloride

Leaching from PVC piping; Discharge from plastics factories.

86. Xylenes

Discharge from petroleum factories; Discharge from chemical factories.

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.

17 DE Reg. 439 (10/01/13)
5.0 Microbiological Requirements

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:

Population Served

Number of Samples Per Month

25-1,000

1

1,001-2,500

2

2,501-3,300

3

3,301-4,100

4

4,101-4,900

5

4,901-5,800

6

5,801-6,700

7

6,701-7,600

8

7,601-8,500

9

8,501-12,900

10

12,901-17,200

15

17,201-21,500

20

21,501-25,000

25

25,001-33,000

30

33,001-41,000

40

41,001-50,000

50

50,001-59,000

60

59,001-70,000

70

70,001-83,000

80

83,001-96,000

90

96,001-130,000

100

130,001-220,000

120

5.1.3 Reduced Monitoring Frequency for CWSs:

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

Fecal Indicator1
Methodology
Method Citation
E. coli
Colilert3
Colisure3
Membrane Filter Method with MI Agar
m-Coliblue24 Test5
E*Colite Test6
EC-MUG7
NA-MUG7
9223 B.2
9223 B.2
EPA Method 16044
 
 
 
9221 F.2
9222 G.2
Enterococci
Multiple Tube Technique
Membrane Filter Technique
Membrane Filter Technique
Enterolert9
9230B.2
9230C.2
EPA Method 16008
Coliphage
Two-Step Enrichment Presence-Absence Procedure
Single Agar Layer Procedure
EPA Method 1601.10
 
EPA Method 1602.11
Analyses must be conducted in accordance with the documents listed below. The Director of the Federal Register approves the incorporation by reference of the documents listed in footnotes 2-11 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the documents may be obtained from the sources listed below. Copies may be inspected at EPA's Drinking Water Docket, EPA West, 1301 Constitution Avenue, NW., EPA West, Room B102, Washington DC 20460 (Telephone: 202-566-2426); or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741- 6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
1 The time from sample collection to initiation of analysis may not exceed 30 hours. The ground water system is encouraged but is not required to hold samples below 10oC during transit.
2 Methods are described in Standard Methods for the Examination of Water and Wastewater 20th edition (1998) and copies may be obtained from the American Public Health Association, 1015 Fifteenth Street, NW., Washington, DC 20005-2605.
3 Medium is available through IDEXX Laboratories, Inc., One IDEXX Drive, Westbrook, Maine 04092.
4 EPA Method 1604: Total Coliforms and Escherichia coli in Water by Membrane Filtration Using a Simultaneous Detection Technique (MI Medium); September 2002, EPA 821-R-02-024. Method is available at http://www.epa.gov/nerlcwww/1604sp02.pdf or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
5 A description of the m-ColiBlue24 Test, “Total Coliforms and E. coli Membrane Filtration Method with m-ColiBlue24[reg] Broth, “Method No. 10029 Revision 2, August 17, 1999, is available from Hach Company, 100 Dayton Ave., Ames, IA 50010 or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
6 A description of the E*Colite Test, “Charm E*Colite Presence/ Absence Test for Detection and Identification of Coliform Bacteria and Escherichia coli in Drinking Water, January 9, 1998, is available from Charm Sciences, Inc., 659 Andover St., Lawrence, MA 01843-1032 or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
7 EC-MUG (Method 9221F) or NA-MUG (Method 9222G) can be used for E. coli testing step as described in Sec. 141.21(f)(6)(i) or (ii) after use of Standard Methods 9221 B, 9221 D, 9222 B, or 9222 C.
8 EPA Method 1600: Enterococci in Water by Membrane Filtration Using membrane-Enterococcus Indoxyl-[beta]-D-Glucoside Agar (mEI) EPA 821-R- 02-022 (September 2002) is an approved variation of Standard Method 9230C. The method is available at http://www.epa.gov/nerlcwww/1600sp02.pdf or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. The holding time and temperature for ground water samples are specified in footnote 1 above, rather than as specified in section 8 of EPA Method 1600.
9 Medium is available through IDEXX Laboratories, Inc., One IDEXX Drive, Westbrook, Maine 04092. Preparation and use of the medium is set forth in the article “Evaluation of Enterolert for Enumeration of Enterococci in Recreational Waters,” by Budnick, G.E., Howard, R.T., and Mayo, D.R., 1996, Applied and Environmental Microbiology, 62:3881- 3884.
10 EPA Method 1601: Male-specific (F+) and Somatic Coliphage in Water by Two-step Enrichment Procedure; April 2001, EPA 821-R-01-030. Method is available at http://www.epa.gov/nerlcwww/1601ap01.pdf or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
11 EPA Method 1602: Male-specific (F+) and Somatic Coliphage in Water by Single Agar Layer (SAL) Procedure; April 2001, EPA 821-R-01-029. Method is available at http://www.epa.gov/nerlcwww/1602ap01.pdf or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460.

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.

6.0 Inorganic and Organic Chemical Requirements

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

PMCLs Substance

MCL

Antimony (Sb)

0.006 mg/L

Arsenic (As)**

0.010 mg/L

Asbestos

7 MF/L*

Barium (Ba)

2 mg/L

Beryllium (Be)

0.004 mg/L

Cadmium (Cd)

0.005 mg/L

Chromium (Cr)

0.1 mg/L

Cyanide (Cn)

0.2 mg/L

Fluoride (F)

2.0 mg/L (See section 6.1.3)

Mercury (Hg)

0.002 mg/L

Nickel (Ni)

0.1 mg/L

Nitrate-Nitrogen (NO3-N)

10 mg/L See (section 6.1.11.3)

Nitrite-Nitrogen (NO2-N)

1 mg/L

Total Nitrate-Nitrogen and Nitrite-Nitrogen (NO3-N + NO2-N)

10 mg/L

Selenium (Se)

0.05 mg/L

Thallium (Tl)

0.002 mg/L

Turbidity

See section 7.1

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

6.1.1.2 Table of SMCLs

SMCLs Substance

MCL

Aluminum

0.05–0.2 mg/L

Chloride (Cl)

250 mg/L

Color

15 color units

Corrosivity

Noncorrosive (See section 7.)

Foaming agents

0.50 mg/L

Iron (Fe)

0.30 mg/L

Manganese (Mn)

0.05 mg/L

Odor

3 threshold odor number

pH

6.5-8.5

Silver

0.1 mg/L

Sulfate (SO4)

250 mg/L

Total Dissolved Solids (TDS)

500 mg/L

Zinc (Zn)

5 mg/L

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

6.1.1.3 Table for Lead/Copper MCLGs

Lead

0 mg/L

Copper

1.3 mg/L

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. he 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: