(a)
Definitions.
As used in this section:
(1) "Action level" means the concentration of
lead or copper in water specified in subsection (j)(6)(B) of this section which
determines, in some cases, the treatment requirements contained in subsection
(j)(6) of this section that a system is required to complete;
(2) "Active source of supply" means all
springs, streams, watercourses, brooks, rivers, lakes, ponds, wells, or
underground water from which water is taken on a regular or periodic basis for
water supply purposes. A number of wells drawing water from a single aquifer or
more than 1 surface water body or a combination of surface water and ground
water sources connected to a common distribution system may be considered a
single source of supply;
(3)
"Analyte" has the same meaning as provided in section 19a-29a of the
Connecticut General Statutes;
(4)
"Annual average" means the arithmetic average of the quarterly averages of 4
consecutive quarters of monitoring;
(5) "Bag filters" means pressure-driven
separation devices that remove particulate matter larger than 1 micrometer
using an engineered porous filtration media and 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;
(6) "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);
(7)
"Cartridge filters" means pressure-driven separation devices that remove
particulate matter larger than 1 micrometer using an engineered porous
filtration media and 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;
(8) "Certified distribution system operator"
means an operator who has met the education, experience, and examination
requirements specified in section
25-32-11
of the Regulations of Connecticut State Agencies and has been certified by the
department;
(9) "Certified
operator" means an operator who has met the education, experience, and
examination requirements specified in sections
25-32-7a
to
25-32-14,
inclusive, of the Regulations of Connecticut State Agencies and has been
certified by the department;
(10)
"Certified water treatment plant operator" means an operator who has met the
education, experience, and examination requirements of section
25-32-9
of the Regulations of Connecticut State Agencies and has been certified by the
department;
(11) "CFR" means Code
of Federal Regulations;
(12) "Clean
compliance history" means a record of no maximum contaminant level violations
under subsection (e)(7) of this section, no monitoring violations under
subsection (x) of this section, and no coliform treatment technique trigger
exceedances or treatment technique violations under subsection (x) of this
section;
(13) "Coagulation" means a
process using coagulant chemicals and mixing by which colloidal and suspended
materials are destabilized and agglomerated into flocs;
(14) "Coliform" means a group of bacteria
found in the intestines of warm-blooded animals (including humans) and found in
plants, soil, air, and water;
(15)
"Combined distribution system" means the interconnected distribution system
consisting of the distribution systems of wholesale systems and of the
consecutive public water systems that receive finished water;
(16) "Community water system" or "CWS" means
a public water system that regularly serves at least 25 year-round
residents;
(17) "Compliance cycle"
means the 9 calendar-year cycle during which public water systems shall
monitor. Each compliance cycle consists of 3 3-year compliance periods. The
first calendar year cycle began on January 1, 1993 and ended on December 31,
2001;
(18) "Compliance period"
means a 3 calendar-year period within a compliance cycle;
(19) "Comprehensive performance evaluation"
or "CPE" means a thorough review and analysis of a treatment plant's
performance-based capabilities and associated administrative, operation and
maintenance practices. It is conducted to identify factors that may be
adversely impacting a plant's capability to achieve compliance and emphasizes
approaches that can be implemented without significant capital improvements.
The comprehensive performance evaluation shall comprise of a written report
consisting of at least the following components:
(A) Assessment of plant
performance;
(B) Evaluation of
major unit processes;
(C)
Identification and prioritization of performance limiting factors;
(D) Assessment of the applicability of
comprehensive technical assistance;
(E) Identification of improvements selected
by a public water system to enhance the treatment plant's capability to achieve
compliance; and
(F) A schedule of
dates for the implementation of the improvements;
(20) "Comprehensive technical assistance"
means a performance improvement phase that is implemented using results from
the comprehensive performance evaluation;
(21) "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;
(22) "Consecutive public water system" or
"consecutive system" means a public water system that receives some or all of
its finished water from 1 or more wholesale systems. Delivery may be through a
direct connection or through the distribution system of 1 or more consecutive
public water systems;
(23)
"Consultation" means a telephone call, electronic mail exchange or meeting at
which the public water system reports to the department the nature of the
violation and the department, in turn, determines the action that shall be
taken by the public water system;
(24) "Consumer" has the same meaning as
provided in section 25-32a of the Connecticut General Statutes;
(25) "Contaminant" means any physical,
chemical, biological, or radiological substance or matter in water;
(26) "Conventional filtration treatment"
means a series of processes including coagulation, flocculation, sedimentation
or dissolved air flotation, and filtration resulting in substantial particulate
removal;
(27) "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;
(28) "Cryptosporidium" means a protozoan
found in the intestines of livestock and in water contaminated by sewage or
runoff containing animal waste;
(29) "CT" or "CTcalc" means the product of
the "residual disinfectant concentration" (C) in milligrams per liter
determined before or at the first consumer, and the corresponding "disinfectant
contact time" (T) in minutes (i.e., "C" X "T"). If a public water system
applies disinfectants at more than 1 point prior to the first consumer, it
shall determine the CT of each disinfectant sequence before or at the first
consumer to determine the total percent inactivation;
(30) "CT99.9" means the CT value required for
99.9 percent (3 log) inactivation of Giardia lamblia cysts;
(31) "Department" means the Department of
Public Health;
(32) "Diatomaceous
earth filtration" means a process resulting in substantial particulate removal
in which a pre-coat 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;
(33) "Direct filtration"
means a series of processes including coagulation and filtration, but excluding
sedimentation, resulting in substantial particulate removal;
(34) "Direct integrity test" means a physical
test applied to a membrane filtration unit in order to identify and isolate
integrity breaches (i.e., 1 or more leaks that could result in contamination of
the filtrate);
(35) "Disinfectant
contact time" ("T" in CTcalc) 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;
(A) Where only 1 "C" is measured (single
application point), "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 which
residual disinfectant concentration ("C") is measured;
(B) Where more than 1 "C" is measured
(multiple application points), "T" is:
(i) For
the first measurement of "C", the time in minutes that it takes for water to
move from the first point of disinfectant application to a point before or at
the point where the first "C" is measured; and
(ii) 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 subsequent "T" is
being calculated;
(C)
Disinfectant contact time in pipelines shall be calculated based on plug flow
by dividing the internal volume of the pipe by the maximum hourly flow rate
through that pipe; and
(D)
Disinfectant contact time within mixing basins, clearwells, and storage
reservoirs shall be determined by tracer studies or an equivalent
demonstration;
(36)
"Disinfection" means a process which inactivates microbial pathogens in water
by chemical oxidants or equivalent agents;
(37) "Disinfection profile" means a summary
of daily giardia lamblia inactivation through the treatment plant;
(38) "Distribution system" means any
combination of pipes, tanks, pumps, or similar devices or mechanisms that
deliver water from the sources, treatment facilities or storage facilities to
the consumer;
(39) "Domestic or
other non-distribution system plumbing problem" means a coliform contamination
problem in a public water system with more than 1 service connection that is
limited to the specific service connection from which the coliform-positive
sample was taken;
(40) "Dose
equivalent" means the product of the absorbed dose from ionizing radiation and
such factors as account for differences in biological effectiveness due to the
type of radiation and its distribution in the body as specified by the
International Commission on Radiation Units and Measurements;
(41) "Drinking water" means water, treated or
untreated, intended for human consumption, which includes drinking, bathing,
showering, cooking, dishwashing and maintaining oral hygiene;
(42) "Dual sample set" means a set of 2
samples collected at the same time and same location, with 1 sample analyzed
for total trihalomethanes (TTHM) and the other sample analyzed for total
haloacetic acids (HAA5);
(43) "EC
medium plus MUG" means analytical tests for waterborne bacteria as specified in
40 CFR
141.21(f), as amended from
time to time;
(44) "E. coli" or
"Escherichia coli" means a species of fecal coliform that thrives at the body
temperature of mammals;
(45) "End
of the distribution system" means the last service connection on a dead-end
water main;
(46) "Enhanced
coagulation" means the addition of sufficient coagulant for improved removal of
disinfection byproduct precursors by conventional filtration
treatment;
(47) "Enhanced
softening" means the improved removal of disinfection byproduct precursors by
precipitative softening;
(48) "EPA"
means the United States Environmental Protection Agency;
(49) "Fecal coliform" means bacteria that
grows in the colon of mammals and is transmitted through fecal
material;
(50) "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;
(51) "Filtration" means
a process for removing particulate matter from water by passage through porous
media;
(52) "Finished water" means
water that is introduced into the distribution system of a public water system
and is intended for distribution and consumption without further treatment,
except as treatment is necessary to maintain water quality in the distribution
system (e.g., booster disinfection, addition of corrosion control
chemicals);
(53) "First-draw
sample" means a 1-liter sample of tap water, collected in accordance with
subsection (e)(8)(B)(ii) of this section, that has been standing in plumbing
pipes at least 6 hours and is collected without flushing the tap;
(54) "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;
(55) "Flowing stream" means
a course of running water flowing in a definite channel;
(56) "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 the MCLs under subsection (e)(11)(B)(i) of this section is 120
days;
(57) "GAC20" means granular
activated carbon filter beds with an empty-bed contact time of 20 minutes based
on average daily flow and a carbon reactivation frequency of every 240
days;
(58) "Gross alpha particle
activity" means the total radioactivity due to alpha particle emission as
inferred from measurements on a dry sample;
(59) "Gross beta particle activity" means the
total radioactivity due to beta particle emissions as inferred from
measurements on a dry sample;
(60)
"Ground water" means the supply of source water under the earth's surface that
is not under the influence of surface water;
(61) "Ground water system" means a public
water system that provides ground water, in whole or part, directly to
consumers but does not include a public water system that combines ground water
with surface water prior to treatment or ground water under the direct
influence of surface water;
(62)
"Ground water under the direct influence of surface water" or "GWUDI" means any
water beneath the surface of the ground with either a 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. The
department determination of direct influence may be based on site-specific
measurements of water quality or documentation of well construction
characteristics and geology, or both, which may include a field
evaluation;
(63) "Haloacetic acid
five" or "HAA5" means 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
2 significant figures;
(64)
"Hydrogeologic sensitivity assessment" or "HSA" means the department's act of
making a determination of whether a ground water system obtains water from
hydrogeologically sensitive settings taking into account information regarding
the specific aquifer from which the system is drawing water, well construction
records, characterization of the hydrogeology of the source aquifer, and
whether the aquifer has a hydrogeologic barrier that would prevent the vertical
movement of microbial pathogens from the surface into the aquifer;
(65) "Lake" means a natural or man-made basin
or hollow on the earth's surface, including a reservoir, in which water
collects or is stored that may or may not have a current or single direction of
flow;
(66) "Large", when used in
reference to a public water system, means serving more than 50,000
persons;
(67) "Lead service line"
means a service line made of lead that connects the water main to a building
inlet and any lead pigtail, gooseneck or other fitting connected to such lead
line;
(68) "Legionella" means a
genus of bacteria, some species of which have caused a type of pneumonia called
legionnaires' disease;
(69) "Level
1 assessment" means an evaluation conducted pursuant to subsection (x) of this
section by a public water system or the department, if the department elects to
conduct the evaluation, to identify the possible presence of sanitary defects,
defects in distribution system coliform monitoring practices, and, when
possible, the likely reason that the public water system triggered the
evaluation;
(70) "Level 2
assessment" means an evaluation conducted pursuant to subsection (x) of this
section by a level 2 assessor or the department, if the department elects to
conduct the evaluation, to identify the possible presence of sanitary defects,
defects in distribution system coliform monitoring practices, and, when
possible, the likely reason that the public water system triggered the
evaluation;
(71) "Level 2 assessor"
means a professional civil or environmental engineer licensed in accordance
with chapter 391 of the Connecticut General Statutes with knowledge of the
regulation of public water systems in the state of Connecticut, a certified
distribution system operator that is certified at the classification level
equal to or higher than the classification level for the distribution system at
the public water system at which the assessment is being conducted, or a
certified water treatment plant operator that is certified at the
classification level equal to or higher than the classification level for the
water treatment plant at the public water system at which the assessment is
being conducted who shall:
(A) Have
successfully completed a 6 hour level 2 assessment training provided by the
department prior to conducting a level 2 assessment; and
(B) Not be an employee of the public water
system at which the assessment is being conducted;
(72) "Local director of health" means a city,
town, borough, or district director of health or the director of health's
authorized agent;
(73) "Locational
running annual average" or "LRAA" means the average of sample analytical
results for samples taken at a particular monitoring location during the
previous 4 calendar quarters;
(74)
"Man-made beta particles and photon emitters" means all radionuclides emitting
beta particles or photons, or both, listed in Maximum Permissible Body Burdens
and Maximum Concentrations of Radionuclides in Air or Water for Occupational
Exposure, National Bureau of Standards Handbook 69, except the daughter
products of thorium-232, uranium-235 and uranium-238;
(75) "Maximum contaminant level" or "MCL"
means the maximum permissible level of a contaminant in water that is delivered
to any consumer of a public water system;
(76) "Maximum contaminant level goal" or
"MCLG" means the maximum level of a contaminant in drinking water at which no
known or anticipated adverse effect on the health of persons would occur; and
which allows an adequate margin of safety. Maximum contaminant level goals are
non-enforceable health goals;
(77)
"Maximum residual disinfectant level" or "MRDL" means a level of a disinfectant
added for water treatment that shall not be exceeded at the consumer's tap
without an unacceptable possibility of adverse health effects. MRDL is
enforceable in the same manner as maximum contaminant level;
(78) "Maximum residual disinfectant level
goal" or "MRDLG" means the maximum level of a disinfectant added for water
treatment at which no known or anticipated adverse effect on the health of
persons would occur, and which allows an adequate margin of safety. MRDLG is a
non-enforceable health goal and does not reflect the benefit of the addition of
the chemical for control of waterborne microbial contaminants;
(79) "Medium-size" means serving more than
3,300 and less than or equal to 50,000 persons;
(80) "Membrane filtration" means a pressure
or vacuum driven separation process in which particulate matter larger than 1
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;
(81) "Method detection
limit" or "MDL" means the minimum concentration of a substance that can be
measured and reported with 99 percent confidence that the true value is greater
than 0;
(82) "Mg/l" means
milligrams per liter;
(83)
"Microbial pathogen" means a microorganism, such as a bacterium, virus or
parasite, that can cause infection and illness in humans, including, but not
limited to: Echovirus, Coxsackie viruses, Hepatitis A and E, Rotavirus,
Norovirus, E. coli, Salmonella species, Shigella species, and Vibrio
cholerae;
(84) "Molecular Weight
Cutoff" or "MWCO" means a measure of the removal characteristic of a membrane
in terms of atomic weight or mass, as opposed to pore size, that is typically
measured in terms of Daltons;
(85)
"Near the first service connection" means at 1 of the 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;
(86) "Non-community water
system" means a public water system that serves at least 25 persons at least 60
days out of the year and is not a community water system;
(87) "Non-transient non-community water
system" or "NTNC" means a public water system that is not a community system
and that regularly serves at least 25 of the same persons over 6 months per
year;
(88) "Notification level"
means the level of a contaminant that if exceeded shall require public
notification by a public water system to its consumers;
(89) "Optimal corrosion control treatment"
means the corrosion control treatment that minimizes the lead and copper
concentrations at users' taps while ensuring that the treatment does not cause
the community water system or non-transient non-community water system to
violate any drinking water statutes or regulations;
(90) "Picocurie" or "pCi" means the quantity
of radioactive material producing 2.22 nuclear transformations per
minute;
(91) "Physical parameters"
means color, turbidity, pH, and odor;
(92) "Physical parameter level goal" means
the level or range for physical parameters recommended by the
department;
(93) "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 the treatment
plant;
(94) "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;
(95) "Point of entry" or
"entry point" means a location on an active source of supply that is after any
treatment and before the entrance to the distribution system;
(96) "Practical quantification level" or
"PQL" means the lowest concentration that can be reliably measured within
specific limits of precision and accuracy during routine laboratory operating
conditions;
(97) "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;
(98) "Public water system"
or "system" means any water company supplying drinking water to 15 or more
consumers or 25 or more persons, based on the "Design Population" as defined in
section
16-262m-8(a)(3)
of the Regulations of Connecticut State Agencies, daily at least 60 days of the
year that does not meet all of the following conditions:
(A) Consists only of distribution and storage
facilities;
(B) Does not have any
treatment facilities, other than those for non-potable use;
(C) Obtains all of its water from, but is not
owned or operated by, a public water system;
(D) Does not separately bill the consumers
for water use or consumption; and
(E) Is not a carrier which conveys passengers
in interstate commerce;
(99) "Raw water" means water in its natural
state on the surface of the earth or underground;
(100) "Repeat sample" means a sample that is
collected as a result of a total coliform-positive routine sample;
(101) "Reservoir" means a natural or man-made
basin or hollow on the earth's surface, including a lake, in which water
collects or is stored that may or may not have a current or single direction of
flow;
(102) "Residual disinfectant
concentration" or "RDC" ("C" in CTcalc) means the concentration of disinfectant
measured in mg/l in a representative sample of water;
(103) "Routine sample" means a sample that is
collected at a location and frequency as specified in a system's sample siting
plan;
(104) "Sanitarian" means a
person who is trained in environmental health and who is qualified to carry out
educational and investigational duties in the fields of environmental health
such as investigation of air, water, sewage, foodstuffs, housing and refuse by
observing, sampling, testing and reporting; and who is licensed pursuant to
section 20-361 of the Connecticut General Statutes;
(105) "Sanitary defect" means a defect that
is providing, or has the potential for providing, a pathway of entry for
microbial contamination into the distribution system or that is indicative of a
failure or imminent failure in a barrier that is already in place;
(106) "Sanitary survey" means a review of a
public water system by the department to evaluate the adequacy of the system,
its sources and operations and the distribution of safe drinking
water;
(107) "Seasonal system"
means a non-community water system that is not operated as a public water
system on a year-round basis and starts up at the beginning of each operating
season and shuts down by depressurizing and dewatering all or a portion of its
distribution system at the end of each operating season;
(108) "Sedimentation" means a process for
removal of solids before filtration by gravity or separation;
(109) "Self assessment" means an assessment
which shall comprise a written report consisting of at least the following
components:
(A) Assessment of filter
performance;
(B) Development of a
filter profile;
(C) Identification
and prioritization of factors limiting filter performance;
(D) Assessment of the applicability of
improvements;
(E) Identification of
improvements selected by a public water system to enhance filtration and
achieve compliance; and
(F) A
schedule of dates for the implementation of the improvements;
(110) "Service line sample" means
a 1 liter sample of water, collected in accordance with subsection
(e)(8)(B)(iii) of this section, that has been standing for at least 6 hours in
a service line;
(111) "Significant
change to disinfection practice" means 1 of the following changes:
(A) Changes to the point of
disinfection;
(B) Changes to the
disinfectant(s) used in the treatment plant;
(C) Changes to the disinfection process;
or
(D) Any other modification
identified by the department that has or may have a significant impact on
disinfection practices or the effectiveness of such practices, or
both;
(112) "Significant
deficiency" means any situation, practice, or condition in a public water
system with respect to design, operation, maintenance, or administration that
the department determines to be causing, or has the potential for causing,
risks to health or safety of the public served by the system. Significant
deficiencies shall include, but are not limited to, defects in design,
operation, or maintenance, or a failure or malfunction of the sources,
treatment, including violations of subsection (j)(2) of this section, storage,
or distribution system that the department determines to be causing, or has the
potential for causing, the introduction of fecal contamination into the water
delivered to consumers;
(113)
"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;
(114) "Slow sand
filtration" means a process involving passage of raw water through a bed of
sand at low velocity (generally less than 0.16 gallons per minute per square
foot), resulting in substantial particulate removal by physical and biological
mechanisms;
(115) "Small" means
serving 3,300 persons or fewer;
(116) "Source water" means raw water before
any kind or type of treatment at the source of supply;
(117) "Special purpose sample" means a sample
that is taken:
(A) To determine whether
disinfection practices are sufficient following routine maintenance work, such
as pipe placement, replacement, or repair, on the distribution system;
or
(B) As part of a system's start
up procedure under subsection (x) of this section and that is not collected in
accordance with a system's sampling plan under subsection (x) of this
section;
(118) "Subpart
H system" means a public water system that is supplied by a surface water or
ground water under the direct influence of surface water source, or
both;
(119) "Surface water" means
all water that is open to the atmosphere and subject to surface
runoff;
(120) "SUVA" means specific
ultraviolet absorption at 254 nanometers (nm), an indicator of the humic
content of water. 1 nm is equal to 1 billionth
(10-9) of a meter. 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;
(121) "System with a single service
connection" means a system that supplies drinking water to consumers via a
single service line;
(122) "Tier 1
notice" means a notice that a public water system is required to provide for
the violations and other situations in subparagraphs (A) through (G),
inclusive, of this subdivision:
(A) Violation
of the maximum contaminant level for total coliforms when fecal coliform or E.
coli are present in the distribution system, when the public water system fails
to test for fecal coliforms or E. coli when any repeat sample tests positive
for coliform, failure to comply with the maximum contaminant level for E. coli
for samples taken under the provisions of subsection (x) of this
section;
(B) Violation of the
maximum contaminant level for nitrate, nitrite, or total nitrate and nitrite,
or when the public water system fails to take a confirmation sample not later
than 24 hours after the public water system's receipt of the first sample
showing an exceedance of the nitrate or nitrite maximum contaminant
level;
(C) Violation of the maximum
residual disinfectant level for chlorine dioxide when 1 or more samples taken
in the distribution system the day following an exceedance of the maximum
residual disinfectant level at the entrance of the distribution system exceed
the maximum residual disinfectant level, or when the public water system does
not take the required samples in the distribution system;
(D) Violation of the maximum contaminant
level for turbidity as specified in subsections (e)(7)(H)(ii), (j)(2)(D) and
(j)(4) of this section, where the department determines after consultation with
the public water system that the violation of the maximum contaminant level for
turbidity combined with other site-specific information indicate that potential
pathogens may have passed the point of entry to the distribution system, or
where the public water system does not consult with the department not later
than 24 hours after the public water system learns of the violation;
(E) Occurrence of a waterborne disease
outbreak, or other waterborne emergency, including, but not limited to, 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;
(F) 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
department based on available scientific and epidemiological findings, and
including, but not limited to, the detection of any chemical listed in
subsections (e)(2) through (e)(4), inclusive, of this section at a level that
is determined by the department based on available scientific and
epidemiological findings to have serious adverse effects on human health as a
result of short-term exposure ; or
(G) Detection of E. coli, enterococci, or
coliphage in ground water source samples as specified in subsections (e)(12)(C)
and (D) of this section.
(123) "Tier 2 notice" means a notice that a
public water system is required to provide for the violations and other
situations in subparagraphs (A) through (D), inclusive, of this subdivision:
(A) All violations of the maximum contaminant
level, maximum residual disinfectant level or treatment technique requirements,
except where a tier 1 notice is required ;
(B) Violations of monitoring and testing
procedure requirements for chlorine dioxide, except where a tier 1 or a tier 3
notice is required;
(C) Failure to
comply with the terms and conditions of any variance, order, consent order,
consent agreement or exemption; or
(D) Failure to take corrective action or
failure to maintain at least 4 log treatment of viruses using inactivation,
removal, or a department-approved combination of 4 log virus inactivation and
removal before or at the first consumer under subsections (e)(7)(E)(vi) or
(j)(14) of this section.
(124) "Tier 3 notice" means a notice that a
public water system is required to provide for the violations and other
situations in subparagraphs (A) through (F), inclusive, of this subdivision:
(A) Violation of a monitoring requirement,
except where a tier 1 notice or a tier 2 notice is required;
(B) Failure to comply with a testing
procedure requirement, except where a tier 1 notice or a tier 2 notice is
required;
(C) Operation under an
administrative order, variance, or an exemption;
(D) Failure to provide the notice of the
availability of unregulated contaminant monitoring results, as required under
40
CFR 141.207, as amended from time to time;
(E) Exceedance of the fluoride
secondary maximum contaminant level, as required under
40 CFR
141.208, as amended from time to time;
or
(F) Violation of a reporting or
record-keeping requirement under subsection (x) of this section.
(125) "Too numerous to count"
means that the total number of bacterial colonies exceeds 200 on a 47 mm
diameter membrane filter used for coliform detection;
(126) "Total organic carbon" or "TOC" means
total organic carbon in mg/l measured using heat, oxygen, ultraviolet
irradiation, chemical oxidants, or combinations of these oxidants that convert
organic carbon to carbon dioxide, rounded to 2 significant figures;
(127) "Total trihalomethanes" or "TTHM" means
the sum of the concentrations in milligrams per liter of bromodichloromethane,
dibromochloromethane, tribromoethane (bromoform) and trichloromethane
(chloroform) rounded, to 2 significant figures;
(128) "Transient non-community water system"
or "TNC" means a non-community water system that does not meet the definition
of a non-transient non-community water system;
(129) "Treatment" means the process of
altering the physical, chemical, biological or radiological quality of source
water for use as drinking water;
(130) "Treatment technique" means a specific
treatment method required by the department to control the level of
contaminants in drinking water;
(131) "Two-stage lime softening" means a
process in which chemical addition and hardness precipitation occur in each of
2 distinct unit clarification processes in series prior to
filtration;
(132) "Uncovered
finished water clearwell, tank or basin" means a container used to store water
that shall undergo no further treatment to reduce microbial pathogens, except
residual disinfection, and is directly open to the atmosphere;
(133) "Virus" means a microorganism of fecal
origin which is infectious to humans by waterborne transmission;
(134) "Water company" has the same meaning as
provided in section 25-32a of the Connecticut General Statutes;
(135) "Waterborne disease outbreak" means the
significant occurrence of acute infectious illness, epidemiologically
associated with the ingestion of water from a public water system as determined
by the department;
(136) "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 a direct connection or
through the distribution system of 1 or more consecutive public water systems;
and
(137) "Zone of influence" means
the land area that directly overlies and has the same horizontal extent as the
part of the water table or other potentiometric surface that is perceptibly
lowered by the withdrawal of water. The zone of influence delineated by the use
of modeling is that area of land in which the water table or potentiometric
surface is lowered by at least 0.5 foot. In the event of inadequate information
and data to delineate the zone of influence, a radius of 1 mile shall be
utilized for unconsolidated aquifer ground water sources and a radius of 1,000
feet shall be utilized for confined and bedrock aquifer ground water sources.
(e)
Finished water.
(1) Physical parameters. A failure to meet a
physical parameter level goal is not a violation under this section. The
physical parameter level goals for physical parameters are as follows in
subparagraphs (A) through (D), inclusive, of this subdivision:
(A) Color is less than or equal to 15
standard units leaving the treatment plant and at sites that are representative
of water throughout the distribution system.
(B) Turbidity is less than or equal to 5
standard units at sites that are representative of water throughout the
distribution system.
(C) Odor is
less than or equal to a value of 2 in the treatment plant effluent on a scale
of 0 to 5 as follows:
0-None |
3-Distinct |
1-Very Faint |
4-Decided |
2-Faint |
5-Strong |
(D) pH is not less than 6.4 and not greater
than 10.0 at a point of entry to the distribution system and in the
distribution system. A system conducting water quality parameter monitoring for
pH in accordance with subdivision (9)(D) of this subsection shall comply with
the pH requirements in subsection (j)(8)(G) of this section.
(2) Inorganic chemicals.
CWSs and NTNCs shall test for the inorganic chemicals
specified below in Table 2-E of this subdivision. TNCs shall test for nitrate
and nitrite only.
TABLE 2-E. INORGANIC
CHEMICALS(a) AND THEIR LIMITS
Chemical |
Maximum Contaminant Level (mg/l) |
Antimony |
0.006 |
Arsenic |
0.010 |
Asbestos |
7 MFL 1 |
Barium |
2 |
Beryllium |
0.004 |
Cadmium |
0.005 |
Chromium |
0.1 |
Cyanide |
0.2 |
Fluoride |
4.0 |
Mercury |
0.002 |
Nickel |
0.1 |
Nitrate nitrogen |
10 (as N) |
Nitrite nitrogen |
1 (as N) |
Nitrate nitrogen plus nitrite
nitrogen |
10 (as N) |
Selenium |
0.05 |
Silver |
0.05 |
Sulfate |
** |
Chloride |
250 |
Thallium |
0.002 |
Lead |
*** |
Copper |
*** |
Sodium |
* |
Notes
(a) The method detection limits
for inorganic chemicals shall conform to those accepted and approved by EPA as
described in
40 CFR
141.23(a), as amended from
time to time.
* Sodium has no MCL, but has a notification level of 100
mg/l. The notification requirements for sodium are set forth in subsection
(i)(5)(B) of this section.
** A MCL has not been established for this chemical.
*** See subsection (j)(6) of this section. The MCLG for
lead is 0 and for copper is 1.3 mg/l.
1 MFL = million fibers per liter
longer than 10 micrometers.
(3) Pesticides, Herbicides and PCBs.
Community and non-transient non-community water systems shall test for
pesticides, herbicides and PCB specified below.
Pesticides, Herbicides, PCB, and their limits
Chemical1 |
Maximum Contaminant Level (mg/l) |
Alachlor |
0.002 |
Aldicarb |
** |
Aldicarb sulfoxide |
** |
Aldicarb sulfone |
** |
Aldrin |
** |
Atrazine |
0.003 |
Benzo(A)pyrene |
0.0002 |
Butachlor |
** |
Carbaryl |
** |
Carbofuran |
0.04 |
Chlordane |
0.002 |
Dalapon |
0.2 |
Di(2-ethylhexyl)adipate |
0.4 |
Di(2-ethylhexyl)phthalates |
0.006 |
Dicamba |
** |
Dieldrin |
** |
Dinoseb |
0.007 |
Diquat |
0.02 |
Dibromochloropropane (DBCP) |
0.0002 |
2,4-D |
0.07 |
Ethylene dibromide (EDB) |
0.00005 |
Endrin |
0.002 |
Endothall |
0.1 |
Glyphosate |
0.7 |
Heptachlor |
0.0004* |
Heptachlor epoxide |
0.0002* |
Hexachlorobenzene |
0.001 |
Hexachlorocyclopentadiene |
0.05 |
3-Hydroxycarbofuran |
** |
Lindane |
0.0002 |
Methoxychlor |
0.04 |
Methomyl |
** |
Metolachlor |
** |
Metribuzin |
** |
Oxamyl (vydate) |
0.2 |
Picloram |
0.5 |
Propachlor |
** |
Simazine |
0.004 |
2,3,7,8-TCDD (dioxin) |
0.00000003 |
Polychlorinated biphenyls (PCB) |
0.0005 |
Pentachlorophenol |
0.001 |
Toxaphene |
0.003 |
2,4,5-TP (silvex) |
0.05 |
Notes:
1The method detection limits for
all pesticides, herbicides and PCB shall conform to those accepted and approved
by EPA.
**MCL has not been established for this chemical.
*If monitoring results in detection of one (1) or more of
these contaminants, then subsequent monitoring shall analyze for all these
contaminants.
(4) Organic
Chemicals.
CWSs and NTNCs shall test for the organic chemicals
specified below in Table 4-E1 of this subdivision.
TABLE 4-E1. ORGANIC CHEMICALS(a)
AND THEIR LIMITS
Chemical(b) |
Maximum Contaminant Level (mg/l) |
Benzene |
0.005 |
Bromobenzene |
** |
Bromomethane |
** |
n-Butyl Benzene |
** |
Carbon Tetrachloride |
0.005 |
Chlorobenzene |
0.1 |
Chloroethane |
** |
Chloromethane |
** |
o-Chlorotoluene |
** |
p-Chlorotoluene |
** |
Dibromomethane |
** |
m-Dichlorobenzene |
** |
o-Dichlorobenzene |
0.6 |
p-Dichlorobenzene |
0.075 |
1, 1-Dichloroethane |
** |
1, 2-Dichloroethane (EDC) |
0.005 |
1, 1-Dichloroethylene |
0.007 |
cis-1, 2-Dichloroethylene |
0.07 |
Trans-1, 2-Dichloroethylene |
0.1 |
Dichloromethane (Methylene
chloride) |
0.005 |
1, 2-Dichloropropane |
0.005 |
1, 3-Dichloropropane |
** |
2, 2-Dichloropropane |
** |
1, 1-Dichloropropene |
** |
1, 3-Dichloropropene |
** |
Ethylbenzene |
0.7 |
Methyl Tert Butyl Ether (MTBE) |
** |
Naphthalene |
** |
n-Propyl Benzene |
** |
Styrene |
0.1 |
1, 1, 1, 2-Tetrachloroethane |
** |
1, 1, 2, 2-Tetrachloroethane |
** |
Tetrachloroethylene |
0.005 |
Toluene |
1 |
Total Trihalomethanes (TTHM) |
0.080 |
Bromodichloromethane |
* |
Bromoform |
* |
Chlorodibromomethane |
* |
Chloroform |
* |
1, 1, l-Trichloroethane |
0.2 |
1, 1, 2-Trichloroethane |
0.005 |
1, 2, 4-Trichlorobenzene |
0.07 |
Trichloroethylene |
0.005 |
1, 2, 3-Trichloropropane |
** |
1, 2, 4-Trimethylbenzene |
** |
1, 3, 5-Trimethylbenzene |
** |
Vinyl Chloride
(c) |
0.002 |
Xylenes (total) |
10 |
m-Xylene |
*** |
o-Xylene |
*** |
p-Xylene |
*** |
Notes:
*The MCL for Total Trihalomethanes (TTHM) is 0.080 mg/l,
which is the sum of the 4 constituent Trihalomethanes.
**A MCL has not been established for this chemical.
***The MCL for Xylenes (total) is 10 mg/l, which is the sum
of the 3 constituent Xylenes.
(a)The
MDL for all organic chemicals is 0.0005 mg/l with the exception of MTBE which
has an MDL of 0.002 mg/l.
(b)The
department may require the testing of other chemicals for which a MCLG has been
proposed by EPA or which the department has reason to believe may be health
threatening.
(c)Quarterly analysis
for vinyl chloride is required for ground water systems only when 1 or more of
the following compounds are detected: trichloroethylene, 1, 2,
Tetrachloroethylene, 1, 2 Dichloroethane, 1, 1, 1 Trichloroethane, Cis 1,2
Dichloroethylene, Trans 1, 2 Dichloroethylene, or 1, 1 Dichloroethylene. If the
first analysis does not detect vinyl chloride, the department may reduce the
frequency of vinyl chloride monitoring to once every 3 years.
(5) Radioactivity.
(A) Analysis for the contaminants listed in
the table in
40 CFR
141.25(a), as amended from
time to time, shall be conducted to determine compliance with section
19-13-B102(e)(5)(I) to (L), inclusive, of the Regulations of Connecticut State
Agencies in accordance with the methods described in
40 CFR
141.25(a), as amended from
time to time, or their equivalent determined by EPA in accordance with
40 CFR
141.27, as amended from time to
time.
(B) When the identification
and measurement of radionuclides other than those listed in
40 CFR
141.25(a), as amended from
time to time, is required, the references listed in
40 CFR
141.25(b)(1), as amended
from time to time, and
40 CFR
141.25(b)(2), as amended
from time to time, are to be used, except in cases where alternative methods
have been approved in accordance with
40 CFR
141.27, as amended from time to time.
(C) For the purpose of monitoring
radioactivity concentrations in drinking water, the required sensitivity of the
radioanalysis is defined in terms of a detection limit. The detection limit
shall be that concentration which can be counted with a precision of plus or
minus 100 percent at the 95 percent confidence level (1.96s where s is the
standard deviation of the net counting rate of the sample).
(i) To determine compliance with section
19-13-B102(e)(5)(I) of the Regulations of Connecticut State Agencies, the
detection limit shall not exceed the concentrations in Table 1.
TABLE 1.-Detection Limits for Gross Alpha Particle
Activity, Radium 226, Radium 228, and Uranium
CONTAMINANT |
DETECTION LIMIT |
Gross alpha particle activity |
3 pCi/L |
Radium 226 |
1 pCi/L |
Radium 228 |
1 pCi/L |
Uranium |
1 µg/L |
(ii) To determine compliance with Section
19-13-B102(e)(5)(J) of the Regulations of Connecticut State Agencies, the
detection limits shall not exceed the concentrations listed in Table 2.
TABLE 2-Detection Limits for Man-Made Beta Particle and
Photon Emitters
RADIONUCLIDE |
DETECTION LIMIT |
Tritium |
1,000 pCi/L |
Strontium-89 |
10 pCi/L |
Strontium-90 |
2 pCi/L |
Iodine-131 |
1 pCi/L |
Cesium-134 |
10 pCi/L |
Gross beta |
4 pCi/L |
Other radionuclides |
1/10 of the applicable limit |
(D) To judge compliance with the maximum
contaminant levels listed in section 19-13-102(e)(5)(I) to (L), inclusive, of
the Regulations of Connecticut State Agencies, averages of data shall be used
and shall be rounded to the same number of significant figures as the maximum
contaminant level for the substance in question.
(E) The department may determine compliance
or initiate enforcement action based upon analytical results or other
information compiled by their sanctioned representatives and
agencies.
(F) Monitoring and
compliance requirements for gross alpha particle activity, radium-226,
radium-228, and uranium.
(i) Community water
systems (CWS) shall conduct initial monitoring to determine compliance with
section 19-13-B102(e)(5)(I) of the Regulations of Connecticut State Agencies by
December 31, 2007. For the purposes of monitoring for gross alpha particle
activity, radium-226, radium-228, uranium, and beta particle and photon
radioactivity in drinking water, ''detection limit'' is defined as in section
19-13-B102(e)(5)(C) of the Regulations of Connecticut State Agencies.
(I) Applicability and sampling location for
existing community water systems or sources. All existing CWS using ground
water, surface water or systems using both ground and surface water (for the
purpose of this section hereafter referred to as systems) shall sample at every
entry point to the distribution system that is representative of all sources
being used (hereafter called a sampling point) under normal operating
conditions. The system shall take each sample at the same sampling point unless
conditions make another sampling point more representative of each
source.
(II) Applicability and
sampling location for new community water systems or sources. All new CWS or
CWS that use a new source of water shall begin to conduct initial monitoring
for the new source within the first quarter after initiating use of the source.
CWS shall conduct more frequent monitoring when ordered by the department in
the event of possible contamination or when changes in the distribution system
or treatment processes occur which may increase the concentration of
radioactivity in finished water.
(ii) Initial monitoring: systems shall
conduct initial monitoring for gross alpha particle activity, radium-226,
radium-228, and uranium as follows:
(I)
Systems shall collect four consecutive quarterly samples at all sampling points
before December 31, 2007.
(II) For
gross alpha particle activity, uranium, radium-226, and radium-228 monitoring,
the department may waive the final two quarters of initial monitoring for a
sampling point if the results of the samples from the previous two quarters are
below the detection limit specified in Table 1 of section
19-13-B102(e)(5)(C)(i) of the Regulations of Connecticut State
Agencies.
(III) If the average of
the initial monitoring results for a sampling point is above the MCL, the
system shall collect and analyze quarterly samples at that sampling point until
the system has results from four consecutive quarters that are at or below the
MCL, unless the system enters into another schedule as part of a formal
compliance agreement with the department.
(iii) Reduced monitoring: the department may
grant permission to a community water system to reduce the future frequency of
monitoring from once every three years to once every six or nine years at each
sampling point, based on the following criteria:
(I) If the average of the initial monitoring
results for each contaminant (i.e., gross alpha particle activity, uranium,
radium-226, or radium-228) is below the detection limit specified in Table 1,
in section 19-13-B102(e)(5)(c)(i) of the Regulations of Connecticut State
Agencies, the system shall collect and analyze for that contaminant using at
least one sample at that sampling point every nine years.
(II) For gross alpha particle activity and
uranium, if the average of the initial monitoring results for each contaminant
is at or above the detection limit but at or below 1/2 the MCL, the system
shall collect and analyze for that contaminant using at least one sample at
that sampling point every six years. For combined radium-226 and radium-228,
the analytical results shall be combined. If the average of the combined
initial monitoring results for radium-226 and radium-228 is at or above the
detection limit but at or below 1/2 the MCL, the system shall collect and
analyze for that contaminant using at least one sample at that sampling point
every six years.
(III) For gross
alpha particle activity and uranium, if the average of the initial monitoring
results for each contaminant is above 1/2 the MCL but at or below the MCL, the
system shall collect and analyze at least one sample at that sampling point
every three years. For combined radium-226 and radium-228, the analytical
results shall be combined. If the average of the combined initial monitoring
results for radium-226 and radium-228 is above 1/2 the MCL but at or below the
MCL, the system shall collect and analyze at least one sample at that sampling
point every three years.
(IV)
Systems shall use the samples collected during the reduced monitoring period to
determine the monitoring frequency for subsequent monitoring periods (e.g., if
a system's sampling point is on a nine year monitoring period, and the sample
result is above 1/2 MCL, then the next monitoring period for that sampling
point is three years).
(V) If a
system has a monitoring result that exceeds the MCL while on reduced
monitoring, the system shall collect and analyze quarterly samples at that
sampling point until the system has results from four consecutive quarters that
are below the MCL, unless the system enters into another schedule as part of a
formal compliance agreement with the department.
(iv) A gross alpha particle activity
measurement may be substituted for the required radium-226 measurement provided
that the measured gross alpha particle activity does not exceed 5 pCi/L. A
gross alpha particle activity measurement may be substituted for the required
uranium measurement provided that the measured gross alpha particle activity
does not exceed 15 pCi/L. The gross alpha measurement shall have a confidence
interval of 95% (1.65s, where s is the standard deviation of the net counting
rate of the sample) for radium-226 and uranium. When a system uses a gross
alpha particle activity measurement in lieu of a radium-226 and/or uranium
measurement, the gross alpha particle activity analytical result shall be used
to determine the future monitoring frequency for radium-226 and/or uranium. If
the gross alpha particle activity result is less than detection, 1/2 the
detection limit shall be used to determine compliance and the future monitoring
frequency.
(G)
Monitoring and compliance requirements for beta particle and photon
radioactivity. To determine compliance with the maximum contaminant levels in
Section 19-13-B102(e)(5)(J) of the Regulations of Connecticut State Agencies
for beta particle and photon radioactivity, a system shall monitor at a
frequency as follows:
(i) Community water
systems (both surface and ground water) designated by the department as
vulnerable shall sample for beta particle and photon radioactivity. Systems
shall collect quarterly samples for beta emitters and annual samples for
tritium and strontium-90 at each entry point to the distribution system
(hereafter called a sampling point), beginning within one quarter after being
notified by the department. Systems already designated by the department shall
continue to sample until the department reviews and either reaffirms or removes
the designation.
(I) If the gross beta
particle activity minus the naturally occurring potassium-40 beta particle
activity at a sampling point has a running annual average (computed quarterly)
less than or equal to 50 pCi/L (screening level), the department may reduce the
frequency of monitoring at that sampling point to once every 3 years. Systems
shall collect all samples required in subparagraph (G)(i) of this section
during the reduced monitoring period.
(ii) Community water systems (both surface
and ground water) designated by the department as utilizing waters contaminated
by effluents from nuclear facilities shall sample for beta particle and photon
radioactivity. Systems shall collect quarterly samples for beta emitters and
iodine-131 and annual samples for tritium and strontium-90 at each entry point
to the distribution system (hereafter called a sampling point), beginning
within one quarter after being notified by the department. Systems already
designated by the department as systems using waters contaminated by effluents
from nuclear facilities shall continue to sample until the department reviews
and either reaffirms or removes the designation.
(I) Quarterly monitoring for gross beta
particle activity shall be based on the analysis of monthly samples. The
quarterly result is an average of the three monthly results.
(II) For iodine-131, a composite of five
consecutive daily samples shall be analyzed once each quarter. As ordered by
the department, and in consultation with the community water system, more
frequent monitoring shall be conducted when iodine-131 is identified in the
finished water.
(III) Annual
monitoring for strontium-90 and tritium shall be conducted by means of the
analysis of four quarterly samples. The annual result is an average of the four
quarterly results.
(IV) If the
gross beta particle activity beta minus the naturally occurring potassium-40
beta particle activity at a sampling point has a running annual average
(computed quarterly) less than or equal to 15 pCi/L (screening level), the
department may reduce the frequency of monitoring at that sampling point to
every 3 years. Systems shall collect all samples required in subparagraph
(G)(ii) of this subdivision during the reduced monitoring period.
(iii) Community water systems
designated by the department to monitor for beta particle and photon
radioactivity may not apply to the Department for a waiver from the monitoring
frequencies specified in Section 19-13-B102(e)(5)(G)(i) or (ii) of the
Regulations of Connecticut State Agencies.
(iv) Community water systems may analyze for
naturally occurring potassium-40 beta particle activity from the same or
equivalent sample used for the gross beta particle activity analysis. Systems
may subtract the potassium-40 beta particle activity value from the total gross
beta particle activity value to determine if the screening level is exceeded.
The potassium-40 beta particle activity shall be calculated by multiplying
elemental potassium concentrations (in mg/L) by a factor of 0.82.
(v) If the gross beta particle activity minus
the naturally occurring potassium-40 beta particle activity exceeds the
screening level, an analysis of the sample shall be performed to identify the
major radioactive constituents present in the sample and the appropriate doses
shall be calculated and summed to determine compliance with Section
19-13-B102(e)(5)(J) of the Regulations of Connecticut State Agencies, using the
formula in
40 CFR
141.66(d)(2), as amended
December 7, 2000. Doses shall also be calculated and combined for measured
levels of tritium and strontium to determine compliance.
(vi) Systems shall monitor monthly at the
sampling point(s) which exceed the maximum contaminant level in Section
19-13-B102(e)(5)(J) of the Regulations of Connecticut State Agencies, beginning
the month after the exceedance occurs. Systems shall continue monthly
monitoring until the system has established, by a rolling average of 3 monthly
samples, that the MCL is being met. Systems who establish that the MCL is being
met shall return to quarterly monitoring until they meet the requirements set
forth in Section 19-13-B102(e)(5)(G)(i)(I) or section
19-13-B102(e)(5)(G)(ii)(I) of the Regulations of Connecticut State
Agencies.
(H) General
monitoring and compliance requirements for radionuclides.
(i) The Department may require more frequent
monitoring than specified in Section 19-13-B102(e)(5)(F) or (G) of the
Regulations of Connecticut State Agencies, or may require confirmation samples
for positive and negative results when the department determines that the
source of supply is vulnerable or subject to contamination. The results of the
initial and confirmation samples shall be averaged for use in compliance
determinations.
(ii) Each public
water systems shall monitor at the time designated by the department during
each compliance period.
(iii)
Compliance: Compliance with Section 19-13-B102(e)(5)(I) and (J) of the
Regulations of Connecticut State Agencies, shall be determined based on the
analytical result(s) obtained at each sampling point. If one sampling point is
in violation of an MCL, the system is in violation of the MCL.
(I) For systems monitoring more than once per
year, compliance with the MCL is determined by a running annual average at each
sampling point. If the average of any sampling point is greater than the MCL,
then the system is out of compliance with the MCL.
(II) For systems monitoring more than once
per year, if any sample result causes the running average to exceed the MCL at
any sample point, the system is out of compliance with the MCL
immediately.
(III) Systems shall
include all samples taken and analyzed under the provisions of this section in
determining compliance, even if that number is greater than the minimum
required.
(IV) If a system does not
collect all required samples when compliance is based on a running annual
average of quarterly samples, compliance shall be based on the running average
of the samples collected.
(V) If a
sample result is less than the detection limit, zero shall be used to calculate
the annual average, unless a gross alpha particle activity is being used in
lieu of radium-226 and/or uranium. If the gross alpha particle activity result
is less than detection, 1/2 the detection limit shall be used to calculate the
annual average.
(iv) If
the department determines there has been an error in the methods applied to the
collection or analysis of the sample, the department shall invalidate the
sample result.
(v) If the MCL for
radioactivity set forth in Section 19-13-B102(e)(5)(I) and (J) of the
Regulations of Connecticut State Agencies, is exceeded, the community water
system shall give notice to the department pursuant to section 19-13-B102(h)
and (i), of the Regulations of Connecticut State Agencies and shall conform to
public notification and consumer confidence reporting requirements pursuant to
section 19-13-B102(i) of the Regulations of Connecticut State
Agencies.
(I) MCL for
uranium, combined radium-226 and radium-228, and gross alpha particle activity
(excluding radon and uranium). The maximum contaminant levels for uranium,
combined radium-226 and radium-228 and gross alpha particle activity (including
radium-226 but excluding radon and uranium) are listed in Table 3.
Table 3
Contaminant |
Maximum Contaminant Level |
Combined radium-226 and radium-228 |
5 Picouries Per Liter (pCi/L) |
Gross alpha particle activity (including radium-226
but excluding radon and uranium) |
15 pCi/L |
Uranium |
30 µg/l (Micrograms/Liter) |
NOTE: The combined radium-226 and radium-228 value is
determined by the addition of the results of the analysis for radium-226 and
the analysis for radium-228.
(J) MCL for beta particle and photon
radioactivity. The average annual concentration of beta particle and photon
radioactivity from man-made radionuclides in drinking water shall not produce
an annual dose equivalent to the total body or any internal organ greater than
4 millirem/year (mrem/yr), as listed in Table 4. Except for radionuclides
listed in Table 5, the concentration of man-made radionuclides causing 4 mrem
total body or organ dose equivalents shall be calculated as described in
40 CFR
141.66(d)(2), as amended
December 7, 2000. If two or more radionuclides are present, the sum of their
annual dose equivalent to the total body or to any organ shall not exceed 4
mrem/yr.
Table 4
Contaminant |
Maximum Contaminant Level |
Beta particle and photon
radioactivity |
Concentration shall not produce an annual dose
equivalent to the total body or any internal organ greater than 4 mrem/yr
|
TABLE 5 - average annual concentrations assumed to produce:
a total body or organ dose of 4 mrem/yr
Contaminant |
Critical Organ |
Level |
Tritium |
Total body |
20,000 pCi/L |
Strontium-90 |
Bone Marrow |
8 pCi/L |
(K) Compliance dates. Compliance dates for
combined radium-226 and -radium-228, gross alpha particle activity, gross beta
particle and photon radioactivity, and uranium: Community water systems shall
comply with theMCLS listed in paragraphs (I) and (J) of this section and
compliance shall be determined in accordance with the requirements of
paragraphs (A) to (H), inclusive, of this section. Compliance with reporting
requirements for the radionuclides under section 19-13-B102(i) of the
Regulations of Connecticut State Agencies is required.
(L) The best available technologies (BATS)
for compliance with the MCLS for radionuclides shall conform to those approved
by the U.S. EPA and specified in
40 CFR
141.66, as amended December 7,
2000.
(6) MCLGs for
microbiological contaminants. MCLGs for Giardia lamblia, viruses, Legionella,
Cryptosporidium and E. coli are as specified in Table 1-A1 of this subdivision:
TABLE 1-A1. MCLGs
CONTAMINANT |
MCLG |
(i) Giardia lamblia |
0 |
(ii) Viruses |
0 |
(iii) Legionella |
0 |
(iv) Cryptosporidium |
0 |
(v) E. coli |
0 |
(7) Monitoring requirements
(A) Monitoring frequency for total coliform
and physical parameters for CWSs. CWSs shall monitor for total coliform and
physical parameters in accordance with subsection (x) of this section.
(B) Monitoring frequency for total
coliform and physical parameters for non-community water systems.
Non-community water systems shall monitor for total
coliform and physical parameters in accordance with subsection (x) of this
section.
(C) CWSs and NTNCs
shall conduct monitoring to determine compliance with the MCLs specified in
subsections (e)(2), (e)(3) and (e)(4) of this section.
(i) Monitoring frequency for CWSs and NTNCs.
CWSs and NTNCs shall monitor in accordance with the frequencies listed in Table
7-C1 of this clause.
TABLE 7-C1. MONITORING FREQUENCY FOR CWSs AND NTNCs
Contaminant |
BASE SAMPLING REQUIREMENT |
REDUCED SAMPLING REQUIREMENT
5 |
Ground Water Systems |
Surface Water Systems
4 |
Ground Water Systems |
Surface Water Systems |
Asbestos |
Every 9 years |
Every 9 years |
Not Applicable |
Not Applicable |
Nitrate 1
Nitrite
1 |
Annually |
Quarterly |
Not Applicable |
Annually 2 |
Inorganic chemicals |
Every 3 years |
Annually |
Not Applicable |
Not Applicable |
Organic chemicals |
Quarterly
6 |
Quarterly
6 |
Annually*
3 |
Annually 3 |
Pesticides, herbicides and polychlorinated
biphenyls |
Quarterly
6 |
Quarterly
6 |
Systems serving more than 3,300 persons: 2 quarters
per year every 3 years 3. Systems serving 3,300
persons or less; every 3 years 3 |
Notes:
1 Each TNC shall monitor
annually for nitrate and nitrite.
2 Applicable only if all
analytical results from 4 consecutive quarters are less than 50 percent of the
MCL.
3 Applicable only if no single
contaminant is detected in the results of the 4 consecutive quarters of the
base sampling requirement.
*Reduce to once every 3 years after 3 years of no detection
of any contaminant in annual sampling.
4 Or GWUDI systems.
5 Applicable only if approved in
writing by the department.
6 See subsections (e)(7)(C)(x),
(xiii) and (xiv) of this section for exception.
(ii) A system shall monitor quarterly
beginning in the next quarter, if in any 1 sample an inorganic chemical, with
the exception of nitrate and nitrite, exceeds the MCL; organic chemical,
pesticide, herbicide or polychlorinated biphenyl is detected at a level
exceeding the MDL; or nitrate or nitrite exceeds or equals 50 percent of the
MCL.
(iii) The department may
decrease the quarterly monitoring requirement of clause (ii) of this
subparagraph for inorganic chemicals, with the exception of nitrate and
nitrite, to the base sampling requirement and organic chemicals, along with
pesticides, herbicides and polychlorinated biphenyls, to annual sampling
provided the department has determined that the system is reliably and
consistently below the MCL for a minimum of 2 consecutive quarters for a ground
water system and a minimum of 4 consecutive quarters for a surface water
system. The department may decrease the quarterly monitoring requirement for
systems which violated the MCL for organic chemicals, pesticides, herbicides
and polychlorinated biphenyls to annual sampling provided that the system is
reliably and consistently below the MCL for a minimum of 4 consecutive
quarters. The department may decrease the quarterly monitoring requirement for
systems which exceeded the MDL for a contaminant that does not have an
established MCL to the reduced sampling requirement.
(iv) After 3 consecutive annual samples as
required in clause (iii) of this subparagraph are less than the MDL, the
department may allow a system to reduce the sampling frequency for organic
chemicals, pesticides, herbicides and polychlorinated biphenyls to the reduced
sampling requirement.
(v) After 4
consecutive quarterly samples as required in clause (ii) of this subparagraph
are reliably and consistently less than the MCL for a ground water system and
less than 50 percent of the MCL for a surface water system, the department may
allow a system to reduce the sampling frequency for nitrate and nitrite to
annually.
(vi) After the initial
round of quarterly sampling is completed, a system that is monitoring annually
shall take subsequent samples during the quarter(s) that resulted in the
highest analytical result.
(vii)
The department may increase the required monitoring frequency to detect
variations within the system.
(viii) Each system shall monitor at the time
designated by the department within each compliance period.
(ix) The department may determine compliance
or initiate enforcement action based upon analytical results or other
information compiled by the department.
(x) With the exception of nitrate, nitrite
and TTHM, the department may allow the use of monitoring data collected after
January 1, 1990 to satisfy the base sampling requirement provided the data is
generally consistent with subsection (e) of this section for pesticides,
herbicides, polychlorinated biphenyls, organic chemicals and inorganic
chemicals. Systems which use grandfathered samples of organic chemicals and did
not detect any contaminant listed in subsection (e)(4) of this section shall
monitor annually.
(xi) The
department may grant a system a waiver from monitoring for dioxin if the
department determines that the watershed or zone of influence has not been or
is not being used for any of the following land uses: pesticides and herbicides
manufacturer, pulp and paper manufacturer, plastics manufacturer, wood
preservative manufacturer, landfill and domestic waste transfer station, or
hazardous waste disposal facility, and that the system has no water quality
history indicating the presence of dioxin. The waiver shall be in writing and
is subject to renewal for each compliance period. To request a waiver from
monitoring, the system shall submit an application to the department in
accordance with subsection (t) of this section. Such application shall include
documentation that the watershed or zone of influence has not been or is not
being used for pesticides and herbicides manufacturer, pulp and paper
manufacturer, plastics manufacturer, wood preservative manufacturer, a landfill
and domestic waste transfer station, or a hazardous waste disposal facility and
that the system has no water quality history indicating the presence of dioxin.
If the department grants the waiver, the system is not required to monitor for
the compliance period for which the waiver is granted.
(xii) The department may grant a system a
waiver from monitoring for endothall if the department determines that within
the past year endothall has not been applied to any body of water, or to turf
on sod farms or golf courses within the watershed or zone of influence of the
source of supply. The waiver shall be in writing and is subject to renewal for
each compliance period. To request a waiver from monitoring, the system shall
submit an application to the department in accordance with subsection (t) of
this section. Such application shall include documentation that within the past
year endothall has not been applied to any body of water or to turf on sod
farms or golf courses within the watershed or zone of influence of the source
of supply. If the department grants the waiver, the system is not required to
monitor for the compliance period for which the waiver is granted.
(xiii) The department may grant a system a
waiver from the monitoring requirement for pesticides, herbicides and
polychlorinated biphenyls if the department determines that the system's
previous analytical results, collected from the source of supply and analyzed
in accordance with the EPA's approved testing techniques and methodologies,
showed no detectable limit of the contaminant to be waived and the source of
supply is constructed and protected pursuant to sections
19-13-B32
and
19-13-B51d of
the Regulations of Connecticut State Agencies. The waiver shall be in writing
and is subject to renewal for each compliance period. To request a waiver from
monitoring, the system shall submit an application to the department in
accordance with subsection (t) of this section. Such application shall include
documentation that the system's previous analytical results, collected from the
source of supply and analyzed in accordance with the EPA's approved testing
techniques and methodologies, showed no detectable limit of the contaminant and
that the source of supply is constructed and protected pursuant to sections
19-13-B32
and
19-13-B51d of
the Regulations of Connecticut State Agencies. If the department grants the
waiver, the system is not required to monitor for the compliance period for
which the waiver is granted.
(xiv)
The department may grant a system a waiver from the monitoring requirement for
organic chemicals (VOCs) if the department determines that the contaminant has
not been previously used within the watershed or zone of influence and that the
system's initial monitoring results showed no detectable limit of the
contaminant to be waived. The waiver shall be in writing and is subject to
renewal for each compliance period. To request a waiver from monitoring, the
system shall submit an application to the department in accordance with
subsection (t) of this section. Such application shall include documentation
that the contaminant has not been previously used within the watershed or zone
of influence and the system's initial monitoring results showed no detectable
limit of the contaminant. If the department grants the waiver, the system is
not required to monitor for the compliance period for which the waiver is
granted. As a condition of the waiver, the system shall take 1 sample at each
sampling point during the time the waiver is effective.
(xv) All new systems or systems that use a
new source of water shall demonstrate compliance with the MCL for inorganic
chemicals, organic chemicals, pesticides, herbicides, and polychlorinated
biphenyls. The system shall also comply with the initial sampling frequencies
specified by the department to ensure a system can demonstrate compliance with
the MCL. Routine and increased monitoring frequencies shall be conducted in
accordance with the requirements in this section.
(D) Sampling sites.
(i) Systems shall collect total coliform and
physical parameter samples in accordance with the system's sample siting plan
required under subsection (x)(3) of this section.
(ii) Samples for organic chemicals, inorganic
chemicals, pesticides, herbicides and PCB shall be collected after treatment,
if any, at every entry point to the distribution system which is representative
of each active source of supply. If the system draws water from more than one
active source of supply and the sources are blended before distribution, and
the system elects to sample the blended water, the system shall then sample at
an entry point to the system during periods when water representative of these
sources is being used. The department may designate additional sampling points
within the distribution system or at consumers' taps, which more accurately
determine consumer exposure. All samples shall be taken at the same sampling
point unless the department determines that conditions make another sampling
point more representative of each source, treatment plant or the distribution
system. If a source is not active, it shall be tested when activated and
subject to approval by the department prior to being put into
service.
(iii) Systems shall
collect the asbestos sample(s) from the distribution system at a location that
is representative of each entry point. When applicable, the sample(s) shall be
collected from a tap served by an asbestos cement pipe and under conditions
where asbestos contamination is most likely to occur.
(iv) The department may reduce the total
number of samples a system shall analyze for asbestos, organic chemicals,
pesticides, herbicides and PCB by allowing the use of compositing. Composite
samples from a maximum of five (5) sampling points within a single system for
all public water systems and from different systems for systems serving three
thousand three hundred (3,300) persons or less are allowed, provided that the
method detection limit (MDL) used for analysis multiplied by the number of
composite samples is less than the MCL (e.g., MDL multiplied by the number of
samples is less than the MCL). Compositing of samples shall be done in a state
approved laboratory and analyzed within fourteen (14) days of sample
collection. If the concentration in the composite sample is greater than or
equal to the method detection limit of any contaminant listed in subsections
(e)(2) through (e)(4) of this section, then a follow-up sample shall be taken
and analyzed within fourteen (14) days from each sampling point included in the
composite. These samples shall be analyzed for the contaminants that were
detected in the composite sample. If duplicates of the original sample taken
from each sampling point used in the composite are available, then the system
may use these instead of resampling. The duplicates shall be analyzed and the
results reported to the department within fourteen (14) days of
collection.
(E) Sanitary
surveys.
(i) General requirements.
(I) A sanitary survey shall include, but not
be limited to, an onsite inspection by the department of the system's water
source or sources, facilities, equipment, operations, maintenance, and
monitoring compliance program.
(II) Only the department or an agent approved
by the department may conduct a sanitary survey. The department shall review
the sanitary survey results to determine the adequacy of the system, including
the existing monitoring frequency. The system is responsible for ensuring that
the survey takes place.
(III)
Systems shall provide to the department, at the department's request, any
information that will enable the department to conduct a sanitary survey
including, but not limited to information necessary to perform a HSA.
(IV) In conducting a sanitary survey of a
system using ground water, information on sources of contamination within the
delineated wellhead protection area shall be considered. If such information
had been collected since the last sanitary survey, a special study to collect
new information is not necessary.
(V) The department, during a sanitary survey,
shall identify sources of contamination using the results of source water
assessments or other relevant information.
(VI) The system's certified operator shall be
present at the sanitary survey.
(ii) Sanitary survey frequency.
(I) A sanitary survey shall be completed no
less frequently than every 3 years for CWSs and every 5 years for non-community
water systems. The department may conduct more frequent sanitary surveys for
any system.
(1) The initial sanitary survey
for each CWS shall be conducted by December 31, 2012, unless the CWS provides
at least 4 log treatment of viruses using inactivation, removal, or a
department-approved combination of 4 log inactivation and removal before or at
the first consumer for all of the system's ground water sources, in which case
the initial sanitary survey shall be conducted by December 31, 2014.
(2) The initial sanitary survey for each
non-community water system shall be conducted by December 31, 2014.
(II) The department may conduct
sanitary surveys once every 5 years for a CWS that uses only ground water
sources if the CWS provides at least 4 log treatment of viruses using
inactivation, removal, or a department-approved combination of 4 log
inactivation and removal before or at the first consumer for all of the CWS's
ground water sources.
(III) The
department may use a phased review process to meet the requirements of this
clause if all the applicable components of the sanitary survey under clause
(iii) of this subparagraph are evaluated within the required
interval.
(iii) Sanitary
survey components.
A sanitary survey is composed of, but not limited to, an
evaluation of the following 8 components:
(I) Source;
(II) Treatment;
(III) Distribution system;
(IV) Finished water storage;
(V) Pumps, pump facilities, and
controls;
(VI) Monitoring,
reporting, and data verification;
(VII) System management and operation;
and
(VIII) Compliance by the system
with the requirements in sections
25-32-7a
through
25-32-14,
inclusive, of the Regulations of Connecticut State Agencies.
(iv) Response to significant
deficiencies or violations of the Regulations of Connecticut State Agencies in
the sanitary survey report or other written notification.
(I) If the department identifies significant
deficiencies or violations of the Regulations of Connecticut State Agencies
adopted under Titles 19a or 25 of the Connecticut General Statutes that relate
to the sanitary survey components in clause (iii) of this subparagraph at a
system, then the department shall issue a sanitary survey report or other
written notification to the system containing the system's significant
deficiencies or violations, or both, and may require the system to implement a
specific corrective action as set forth in subclause (VI) of this clause or a
specific interim measure as set forth in subclause (VII) of this clause, or
both.
(II) Unless the department in
the sanitary survey report or other written notification requires a system to
implement a specific corrective action for a significant deficiency, a system
shall consult with the department regarding appropriate corrective action and a
schedule for implementing corrective action not later than 30 days after
receiving the sanitary survey report or other written notification. The
department may require a system to comply with department-specified interim
measures as set forth in subclause (VII) of this clause pending completion of
corrective action.
(III) Not later
than 45 days after receiving the sanitary survey report or other written
notification, or earlier if directed by the department:
(1) The system shall, unless the department
in the sanitary survey report or other written notification requires a system
to implement a specific corrective action for a significant deficiency, submit
an application to the department requesting approval of the corrective actions
the system will take to address the significant deficiencies, and the proposed
schedule for completing such actions. Such application shall be submitted in
accordance with subsection (t) of this section. If the department approves such
application, such application shall constitute the department-approved
corrective action plan and schedule.
(2) If the department in the sanitary survey
report or other written notification requires the system to implement a
specific corrective action for a significant deficiency, the system shall
notify the department that the system will complete, or has completed, the
specified corrective action by a date certain. Such response shall be submitted
in accordance with subsection (t) of this section.
(3) If the department in the sanitary survey
report or other written notification identifies a violation or violations of
the Regulations of Connecticut State Agencies, the system shall submit to the
department an application requesting approval of the actions the system will
take, or has taken, to address the violation or violations and the proposed
schedule for completing such actions. Such application shall be submitted in
accordance with subsection (t) of this section.
(IV) Not later than 120 days after receiving
the sanitary survey report or other written notification, or earlier if
directed by the department, a system with a significant deficiency or
deficiencies shall:
(1) Have either completed
the corrective action and any interim measures required by the department in
the sanitary survey report or other written notification or have completed
corrective action and any interim measures in accordance with a
department-approved corrective action plan and schedule; or
(2) Be in compliance with a
department-approved corrective action plan and schedule unless the system has
applied for and the department granted a modification. A system may seek to
modify the department-approved corrective action plan and schedule by
submitting an application to the department requesting approval of the proposed
modification or modifications to the department-approved corrective action plan
and schedule in accordance with subsection (t) of this section. Such
application shall contain the proposed modification or modifications to the
department-approved corrective action plan and schedule. The system is required
to comply with the department-approved corrective action plan and schedule
until such modification or modifications are approved.
(V) When a significant deficiency is
identified at a Subpart H system, the Subpart H system shall comply with the
provisions of this clause, except in cases where the department determines that
the significant deficiency is located in a portion of the distribution system
that is served solely by a surface water or GWUDI source. If the significant
deficiency is located in a portion of the distribution system that is served
solely by a surface water or GWUDI source, the department may choose not to
require the Subpart H system to implement 1 or more of the corrective actions
in subclauses (VI)(1) through (3), inclusive, of this clause.
(VI) The department shall require in a
sanitary survey report or other written notification or a department-approved
corrective action plan a ground water system with a significant deficiency or
deficiencies to implement 1 or more of the following corrective actions in
subclauses (VI)(1) through (4), inclusive, of this clause and a Subpart H
system with a significant deficiency or deficiencies to implement 1 or more of
the corrective actions in subclauses (VI)(1) through (3), inclusive, of this
clause.
(1) Correct all significant
deficiencies;
(2) Provide an
alternate source of water;
(3)
Eliminate the source of contamination; or
(4) Provide treatment that reliably achieves
at least 4 log treatment of viruses using inactivation, removal, or a
department-approved combination of 4 log virus inactivation and removal before
or at the first consumer for the ground water source.
(VII) Interim measures include, but are not
limited to the following:
(1) Provision of an
alternate source of water;
(2)
Notice to consumers to boil all water to be used for consumption;
(3) Temporary disinfection of water in a
manner prescribed by the department; and
(4) Inactivation of a water source or
sources.
(v)
Regardless of whether the system is a CWS or a NTNC, if such system provides at
least 4 log treatment of viruses using inactivation, removal, or a
department-approved combination of 4 log virus inactivation and removal before
or at the first consumer, such system shall have an operator who is certified
pursuant to subsection
25-32-9
of the Regulations of Connecticut State Agencies.
(vi) Treatment technique violations.
(I) A system with a significant deficiency is
in violation of a treatment technique requirement if, not later than 120 days
after receiving the sanitary survey report or other written notification, or
earlier if directed by the department, the system:
(1) Does not complete corrective action in
accordance with the sanitary survey report or other written notification, if
the department in the sanitary survey report or other written notification
requires the system to implement a specific corrective action or a specific
interim measure, or both, or, if the system has a department-approved
corrective action plan, in accordance with the department-approved corrective
action plan and schedule, including department-specified interim measures, if
any; or
(2) Is not in compliance
with a department-approved corrective action plan and schedule.
(II) Systems shall give public
notification under subsection (i)(2) of this section for the treatment
technique violations specified in subclause (I) of this clause.
(F) Invalidation of
total coliform-positive samples. The department may invalidate a total
coliform-positive sample in accordance with subsection (x)(3)(E) of this
section.
(G) A system shall
collect routine and repeat samples in accordance with subsection (x) of this
section.
(H) A system that uses a
GWUDI source and that does not provide and operate treatment pursuant to
subsection (j)(2) of this section shall collect total coliform samples and
perform tests for turbidity in accordance with subsection (x) of this section.
(I) Fecal coliform and E. coli
requirements.
(i) A system is in compliance
with the MCL for E. coli for samples taken under the provisions of subsection
(x) of this section unless any of the conditions identified in subclauses (I)
through (IV), inclusive, of this clause occur. For purposes of the public
notification requirements in subsection (i) of this section, violation of the
MCL may pose an acute risk to public health.
(I) The system has an E. coli-positive repeat
sample following a total coliform-positive routine sample.
(II) The system has a total coliform-positive
repeat sample following an E. coli-positive routine sample.
(III) The system fails to take all required
repeat samples following an E. coli-positive routine sample.
(IV) The system fails to test for E. coli
when any repeat sample tests positive for total coliform.
(ii) A system shall determine compliance with
the MCL for E. coli as described in clause (i) of this subparagraph for each
month in which the system is required to monitor for total coliforms.
(iii) A system shall use the technology,
treatment techniques and other means identified in
40
CFR 141.63(e), as amended
from time to time, to achieve compliance with the MCL for E. coli as described
in clause (i) of this subparagraph.
(J) Heterotrophic bacteria interference
(HBI).
A total coliform-positive sample that produces a turbid
culture in the absence of gas production using an analytical method where gas
formation is examined may be invalidated by the department in accordance with
subsection (x)(3)(E) of this section.
(K) Sampling protocol.
(i) Where a different schedule is prescribed
pursuant to federal regulations, as they may be amended from time to time, the
more stringent testing schedule shall apply.
(ii) Laboratory analyses shall be conducted
using EPA sampling and testing methods and by an environmental laboratory
approved by the department under section
19a-29a
of the Connecticut General Statutes.
(iii) Water samples shall be collected by
technical personnel employed by an environmental laboratory issued a
certificate of approval by the department under section
19a-29a
of the Connecticut General Statutes, or a certified distribution system
operator, or a certified treatment plant operator, or a sanitarian, or an
employee of the department, or a person under the direct supervision of either
a certified laboratory, a certified distribution system operator or a certified
treatment plant operator.
(iv)
Analytical methods for all inorganic chemicals, organic chemicals, pesticides,
herbicides and polychlorinated biphenyls shall conform to those approved by EPA
and described in
40 CFR
141.23(k), as amended from
time to time, and
40 CFR
141.24(e), as amended from
time to time. Analyses for lead, copper, pH, conductivity, calcium, alkalinity,
orthophosphate, silica, and temperature shall be conducted pursuant to
40 CFR 141.89,
as amended from time to time.
(v)
Inorganic samples shall be collected and handled in accordance with
40 CFR
141.23(k)(2), as amended
from time to time.
(vi) Arsenic
sampling results shall be reported to the nearest 0.001mg/l.
(L) Where the fluoride content is
artificially adjusted, tests for fluoride shall be made on each source so
adjusted at least daily. The fluoride content of such supplies shall be
maintained between 0.8 mg/l and 1.2 mg/l. If the monthly average of the daily
tests does not fall within these limits it shall be reported as a failure to
comply with this subparagraph. If warranted by conditions that may be
detrimental to the health of consumers, samples from each fluoridated source
shall be submitted to the department for testing.
(M) Where the water is chlorinated, at least
daily tests shall be made for residual chlorine. A system that uses a GWUDI
source and does not provide and operate treatment pursuant to subsection (j)(2)
of this section shall disinfect in accordance with subsection (j)(3)(B) of this
section.
(N) pH and phosphate
monitoring.
(i) Where the pH value is
artificially adjusted, tests for pH value shall be made of the treated water
daily, or as required by the department.
(ii) Where phosphate or other corrosion
control chemicals are used, tests shall be made for the phosphate level or for
other chemicals involved in the corrosion control treatment at least once every
two weeks, or as required by the department. The tests shall be done at a
location(s) approved by the department.
(O) In cases where a consecutive public water
system receives all of the system's water from 1 or more wholesale systems,
tests for inorganic chemicals, organic chemicals, pesticides, herbicides,
polychlorinated biphenyls and radioactive substances need not be made by the
consecutive public water system except for lead, copper and asbestos which
shall be tested in both systems according to subparagraph (C) of this
subdivision and subsection (e)(8) of this section. Bacteriological and physical
tests shall be performed at the required frequencies by both systems. The
department may waive asbestos testing for a consecutive public water system
that receives all of the system's water from 1 or more wholesale systems, if
the system can verify that it does not have any asbestos cement pipes in its
distribution system.
(P)
Confirmation samples.
(i) Where the results of
sampling for inorganic chemicals, organic chemicals, pesticides, herbicides and
PCB, with the exception of nitrate, nitrite and TTHM exceed the MCL, the
department may require that one additional sample be collected no later than
two (2) weeks after the first sample is taken. The confirmation sample shall be
collected at the same sampling point as the first sample.
(ii) Where nitrate or nitrite sampling
results exceed the MCL, the system shall take a confirmation sample within
twenty-four (24) hours of the system's receipt of notification of the
analytical results of the first sample. Systems unable to comply with the
twenty-four (24) hour sampling requirement shall immediately notify the
consumers in accordance with subsection 19-13-B102(i) of the regulations of
Connecticut State Agencies. Systems exercising this option shall take and
analyze a confirmation sample within two (2) weeks of notification of the
analytical results of the first sample.
(iii) The results of the initial and
confirmation sample shall be averaged. The resulting average shall be used to
determine the system's compliance in accordance with subparagraph (Q) of this
subsection. The department has the discretion to delete results of obvious
sampling errors.
(iv) The
department may require more frequent monitoring than specified or may require
confirmation samples for positive and negative results when the department
determines that the source of supply is vulnerable and subject to
contamination.
(Q)
Compliance.
(i) For systems that are
conducting monitoring at a frequency greater than annual compliance with the
MCL, with the exception of THHM, nitrate and nitrite shall be determined based
on the results of a running annual average of quarterly sampling for each
sampling location. If more than one (1) sample is collected at a location
during a quarter, the results of the samples shall be averaged to obtain a
single result of that quarter. If one (1) location's running annual average is
greater than the MCL, then the system shall be deemed to be out of compliance.
A system deemed out of compliance shall be subject to a departmental
enforcement action. If any one (1) positive sample result would cause the
annual average to be exceeded, then the system shall be deemed to be out of
compliance immediately. The department may also require a resample of a
negative result when the validity of the results, as determined by the
department, may be inaccurate. All sample results shall be compiled in
determining compliance. When calculating results for compliance, any chemical
result that is reported as being below the MDL for that chemical shall be
counted as a zero (0). If a system fails to collect the required number of
samples, compliance shall be based on the average concentration of the total
number of samples collected. The system shall not be considered in violation of
the MCL until it has completed one year of quarterly sampling. If a
confirmation sample is required by the department the determination of
compliance shall be based on the average of the two (2) samples.
(ii) If any sample exceeds the MCL for
nitrate or nitrite, the system shall take a confirmation sample. The compliance
determination is based on the average of the results of the initial and
confirmation samples of each sampling point.
(iii) If a system has a distribution system
that is physically or hydraulically isolated from other parts of the
distribution system, only that part of the system that exceeds an MCL shall be
deemed out of compliance. The department shall apply the public notice
requirement to that portion of the system, which is out of compliance. Public
notice shall be effected pursuant to subsection 19-13-B102(i) of the
Regulations of Connecticut State Agencies.
(iv) The best available technologies for
compliance with the MCL shall conform to those approved by EPA and specified in
40 CFR
141.61(b),
40 CFR
141.62(c), as amended June
29, 2004, and
40 CFR
141.64(c). Control of
treatment processes to reduce disinfectant demand and control of disinfection
treatment processes to reduce disinfectant levels is identified as the best
means available for achieving compliance with maximum residual disinfectant
levels. For surface water and GWUDI systems using conventional treatment,
enhanced coagulation or enhanced softening are identified as treatment
techniques for controlling disinfection byproduct precursors in drinking water
treatment and distribution systems.
(R) Monitoring requirements for systems with
a GWUDI source. A system with a GWUDI source is required to provide and operate
treatment pursuant to subsection (j)(2) of this section. During the interim
period between the date on which the department made the determination pursuant
to subsection (j)(2) of this section that a system is required to provide and
operate treatment and such treatment is installed, the system with a GWUDI
source shall comply with the requirements in subsections (e)(7)(M), (j)(2)(D),
(j)(3)(A), (x)(6)(C), and (x)(7)(C) of this section.
(S) Monitoring requirements for systems that
use a surface water source or a groundwater source under the direct influence
of surface water, and that provide and operate treatment pursuant to section
19-13-B102(j)(2) of the Regulations of Connecticut State Agencies.
(i) Turbidity measurements as required by
section 19-13-B102(j)(4) of the Regulations of Connecticut State agencies shall
be performed on representative samples of the system's combined filtered water
at a point prior to entering a distribution system using a continuous
turbidimeter for the time period the filter(s) contribute(s) water to the
system, and the system shall record a turbidity result at least every four (4)
hours.
Additionally, if a system serves 10,000 or more persons and
uses conventional or direct filtration, the system shall perform turbidity
measurements on samples representative of effluent water from each individual
filter, using a continuous turbidimeter during the time period the filter
contributes water to the combined filter water or serves water to the public.
The system shall record the turbidity result at least every fifteen (15)
minutes during this period.
Additionally, beginning on January 1, 2005, if a system
serves fewer than 10,000 persons and uses conventional or direct filtration,
the system shall perform turbidity measurements on samples representative of
effluent water from each individual filter, using a continuous turbidimeter
during the time period the filter contributes water to the combined filter
water or serves water to the public. The system shall record the turbidity
result at least every fifteen (15) minutes during this period. If the system
only consists of two or fewer filters, the system may conduct continuous
monitoring of combined filter effluent turbidity in lieu of individual filter
effluent turbidity monitoring. Combined filter effluent turbidity monitoring
shall meet the same requirements set forth in this subclause.
If there is a failure in the continuous monitoring
equipment, grab sampling every four (4) hours shall be conducted in lieu of
continuous monitoring, but for no more than five (5) working days following the
failure of the equipment for systems serving 10,000 or more persons and for no
more than 14 calendar days for systems serving fewer than 10,000 people. A
system shall validate the continuous measurement on a daily basis using the
appropriate procedure in the latest edition of ''Standard Methods For The
Examination Of Water And Wastewater'' and shall calibrate the turbidimeters
using a procedure specified by the equipment manufacturer. A copy of this
publication can be obtained by request to the American Public Health
Association in Washington, DC. The system shall conduct all turbidity
measurements in accordance with a method specified in
40 CFR
141.74(a)(1).
(ii) The residual disinfectant
concentration of the water entering the distribution system shall be monitored
continuously, and the lowest value shall be recorded each day, except that if
there is a failure in the continuous monitoring equipment, grab sampling every
four (4) hours may be conducted in lieu of continuous monitoring, but for no
more than five (5) working days following the failure of the
equipment.
(iii) A system shall
measure the residual disinfectant concentration at least at the same points in
the distribution system and at the same time as total coliforms are sampled, as
specified in subsections (x)(4) through (x)(8), inclusive, of this section.
Heterotrophic bacteria, measured as heterotrophic plate count, as specified in
40 CFR
141.74(a)(1), as amended
from time to time, may be measured and used in conjunction with the measurement
for residual disinfectant concentration when determining compliance pursuant to
subsection (j)(3)(B)(iii) of this section .
(iv) A system serving 10,000 or more persons,
having a TTHM annual average of greater than or equal to 0.064 mg/L or a HAA5
annual average of greater than or equal to 0.048 mg/L, shall develop a
disinfection profile in accordance with
40 CFR
141.172(b) and submit the
disinfection profile pursuant to section 19-13 - B102(h)(6)(B)(iv) of the
Regulations of Connecticut State Agencies. TTHM and HAA5 annual averages under
this subclause, as defined in subsection (a) of this section, shall be based on
the monitoring requirement of
40 CFR
141.172(a)(1) through (5)
for each respective treatment plant with a surface water source or a
groundwater source under the direct influence of surface water. A system shall
monitor and calculate logs of inactivation in accordance with
40 CFR
141.172(b) when developing a
disinfection profile, and inactivation values achieved by various disinfectants
for giardia lamblia cysts and viruses.
(v) A system serving fewer than 10,000
persons, having a TTHM annual average of greater than or equal to 0.064 mg/L or
a HAA5 annual average of greater than or equal to 0.048 mg/L, shall develop a
disinfection profile in accordance with
40
CFR 141.532, as amended January 14, 2002,
40
CFR 141.533, as amended January 14, 2002,
40
CFR 141.534, as amended January 14, 2002,
40
CFR 141.535, as amended January 14, 2002 and
40
CFR 141.536, as amended January 14, 2002, and
submit the disinfection profile pursuant to section 19-13-B102(h)(6)(B)(iv) of
the Regulations of Connecticut State Agencies.
TTHM and HAA5 annual averages under this subclause, as
defined in subparagraph (a) of this section, shall be based on samples
collected, during the month of the warmest water temperature and at the point
of maximum residence time in the distribution system for each respective
treatment plant with a surface water source or a groundwater source under the
direct influence of surface water. A system shall monitor and calculate logs of
inactivation in accordance with
40
CFR 141.532, as amended January 14, 2002,
40
CFR 141.533, as amended January 14, 2002,
40
CFR 141.534, as amended January 14, 2002,
40
CFR 141.535, as amended January 14, 2002, and
40
CFR 141.536, as amended January 14, 2002,
when developing a disinfection profile, and inactivation values achieved by
various disinfectants for giardia lamblia cysts and viruses.
(T) Enhanced treatment for
Cryptosporidium.
(i) General Requirements.
(I) General requirements.
This subparagraph and subsections (h)(9), (i)(5), (j)(12),
and (j)(13) of this section establish or extend treatment technique
requirements in lieu of MCLs for Cryptosporidium. These requirements are in
addition to the requirements for filtration and disinfection in subparagraphs
(H), (R), and (S) of this subdivision, subsection (h)(6), and subsections
(j)(2) through (j)(4) of this section.
(II) Applicability.
(1) This subparagraph applies to all Subpart
H systems.
(2) Wholesale systems
shall comply with the requirements of this subparagraph and subsections (h)(9),
(i)(5), (j)(12), and (j)(13) of this section based on the population of the
largest system in the combined distribution system.
(3)This subparagraph and subsections (h)(9),
(i)(5), (j)(12), and (j)(13) of this section apply to systems required by this
section to provide filtration treatment, whether or not the system is currently
operating a filtration system.
(III) Requirements.
(1) Subpart H systems subject to this
subparagraph and subsections (h)(9), (i)(5), (j)(12), and (j)(13) of this
section shall comply with the following requirements:
(A) Subpart H systems shall conduct a second
round of source water monitoring for each plant that treats a surface water or
GWUDI source, or both. This monitoring may include sampling for
Cryptosporidium, E. coli, and turbidity as described in clauses (ii) through
(vi), inclusive, of this subparagraph and subsection (h)(9) of this section, to
determine what level, if any, of additional Cryptosporidium treatment the
system shall provide.
(B) Subpart H
systems that plan to make a significant change to disinfection practice shall
develop disinfection profiles and calculate disinfection benchmarks, as
described in clauses (vii) through (viii), inclusive, of this
subparagraph.
(C) Subpart H systems
shall determine their Cryptosporidium treatment bin classification as described
in subsection (j)(12)(A) of this section and provide additional treatment for
Cryptosporidium, if required, as described in subsection (j)(12)(B) of this
section. Subpart H systems shall implement Cryptosporidium treatment according
to the schedule in subsection (j)(12)(C) of this section.
(D) Subpart H systems required to provide
additional treatment for Cryptosporidium shall implement microbial toolbox
options that are designed and operated as described in subsections (j)(13)(A)
through (F) of this section.
(E)
Subpart H systems shall comply with the applicable recordkeeping and reporting
requirements described in subsections (h)(9)(B) through (E) and (l)(1)(R)
through (T) of this section.
(F)
Subpart H systems shall address significant deficiencies identified in sanitary
surveys performed by the department as described in subparagraph (E) of this
subdivision.
(ii) Source water monitoring requirements.
(I) Second round of source water monitoring.
A Subpart H system shall conduct a second round of source water monitoring that
meets the requirements for monitoring parameters, frequency, and duration
described in
40 CFR
141.701(a), as amended from
time to time, unless the Subpart H system meets the monitoring exemption
criteria in subclause (III) of this clause. A Subpart H system shall conduct
this monitoring on the schedule in subclause (II) of this clause.
(II) Monitoring schedule. A Subpart H system
shall commence the second round of monitoring required in subclause (I) of this
clause not later than the month beginning with the date listed in Table 7-T1 of
this subclause:
TABLE 7-T1. SOURCE WATER MONITORING STARTING DATES
Subpart H systems that serve. |
Shall begin the second round of source water
monitoring required under subsection (e)(7)(T)(ii)(I) of this section not later
than the month beginning. |
(1) At least 100,000 people. |
April 1, 2015 |
(2) From 50,000 to 99,999 people. |
October 1, 2015 |
(3) From 10,000 to 49,999 people. |
October 1, 2016 |
(4) Fewer than 10,000 and monitor for E.
coli. |
October 1, 2017 |
(5) Fewer than 10,000 and monitor for
Cryptosporidium1 . |
April 1, 2019 |
1 Applies to Subpart H systems
that meet the conditions of
40 CFR
141.701(a)(4), as amended
from time to time.
(III)
Monitoring avoidance.
(1) A Subpart H system
is not required to conduct source water monitoring under this subparagraph if
it will provide a total of at least 5.5 log of treatment for Cryptosporidium,
equivalent to meeting the treatment requirements of Bin 4 in subsection
(j)(12)(B) of this section, and obtains a monitoring exemption from the
department. In order to obtain a monitoring exemption, the Subpart H system
shall submit an application to the department requesting such exemption in
accordance with subsection (t) of this section and shall include with the
application documentation demonstrating that it will provide a total of at
least 5.5 log of treatment for Cryptosporidium, equivalent to meeting the
treatment requirements of Bin 4 in subsection (j)(12)(B) of this section. Such
application shall be submitted to the department not later than the date on
which the Subpart H system is required to submit a sampling schedule for
monitoring under clause (iii) of this subparagraph.
(2) Alternatively, a Subpart H system may
stop sampling at any point after it has initiated monitoring if the Subpart H
system submits an application to the department requesting approval to provide
a total of at least 5.5-log of treatment for Cryptosporidium, equivalent to
meeting the treatment requirements of Bin 4 in subsection (j)(12)(B) of this
section by the applicable treatment compliance date in subsection (j)(12)(C) of
this section, and the department grants such approval. Such application shall
be submitted in accordance with subsection (t) of this section and shall
include with the application documentation demonstrating that the Subpart H
system will install and operate technologies to provide this level of treatment
by the applicable compliance date in subsection (j)(12)(C) of this section.
Subpart H systems shall install and operate technologies to provide this level
of treatment by the applicable treatment compliance date in subsection
(j)(12)(C) of this section.
(IV) Plants operating only part of the year.
A Subpart H system with a surface water or GWUDI treatment plant that operates
for only part of the year shall conduct source water monitoring in accordance
with this subparagraph, but with the modifications in subclauses (IV)(1) and
(2) of this clause. For purposes of this subclause, a Subpart H system operates
for only part of the year if the Subpart H system is in operation for less than
12 months out of a year.
(1) A Subpart H
system shall sample its source water only during the months that the plant
operates unless the department specifies in writing another monitoring period
based on plant operating practices.
(2) A Subpart H system with a surface water
or GWUDI treatment plant that operates less than 6 months per year and that
monitors for Cryptosporidium shall collect at least 6 Cryptosporidium samples
per year during each of 2 years of monitoring. Samples shall be evenly spaced
throughout the period the plant operates.
(V) New sources.
(1) A Subpart H system that begins using a
new source of surface water or GWUDI shall monitor the new source on a schedule
approved by the department. Source water monitoring shall meet the requirements
of this subparagraph. The Subpart H system shall also meet the bin
classification and Cryptosporidium treatment requirements of subsections
(j)(12)(A) and (B) of this section for the new source on a schedule approved by
the department. To request approval of the new source's monitoring schedules,
the Subpart H system shall submit an application to the department requesting
approval of the schedules on which it shall monitor its new source and meet the
bin classification and Cryptosporidium treatment requirements for the new
source. Such application shall be submitted in accordance with subsection (t)
of this section.
(2) The Subpart H
system shall begin a second round of source water monitoring not later than 6
years after initial bin classification under subsection (j)(12)(A) of this
section.
(VI) Failure to
collect any source water sample required under this clause in accordance with
the sampling schedule, sampling location, analytical method, approved
laboratory, and reporting requirements of clauses (iii) through (vi),
inclusive, of this subparagraph is a monitoring violation.
(iii) Sampling Schedules.
(I) A Subpart H system that is required to
conduct source water monitoring under clause (ii) of this subparagraph shall
submit an application to the department requesting approval of the sampling
schedule that specifies the calendar dates when they will collect each required
sample. Such application shall be submitted in accordance with subsection (t)
of this section.
(II) A Subpart H
system shall submit sampling schedules not later than 3 months prior to the
applicable date in clause (ii)(II) of this subparagraph for the second round of
sampling.
(III) A Subpart H system
shall collect samples within 2 days before or 2 days after the dates indicated
in the department-approved sampling schedule (i.e., within a 5-day period
around the schedule date) unless 1 of the following conditions applies:
(1)If an extreme condition or situation
exists that may pose danger to the sample collector, or that cannot be avoided
and causes the Subpart H system to be unable to sample in the scheduled 5-day
period, the Subpart H system shall sample as close to the scheduled date as is
feasible unless the department approves an alternate sampling date. If the
Subpart H system samples as close to the sampled date as is feasible, it shall
submit an explanation for the delayed sample to the department concurrent with
the shipment of the sample to the laboratory. If, instead, the Subpart H system
wants to use an alternate sampling date, it shall submit an application to the
department not later than 2 calendar days after the date on which it was
required to collect the sample requesting approval of an alternative sampling
date. Such application shall include the reason or reasons for requesting the
alternative sampling date, including the reason or reasons for the delay in
sampling, and shall be submitted in accordance with subsection (t) of this
section.
(2)
(A) If a Subpart H system is unable to report
a valid analytical result for a scheduled sampling date due to equipment
failure, loss of or damage to the sample, failure to comply with the analytical
method requirements, including the quality control requirements in clause (v)
of this subparagraph, or the failure of an approved laboratory to analyze the
sample, then the Subpart H system shall collect a replacement sample.
(B) The Subpart H system shall collect the
replacement sample not later than 21 days after receiving information that an
analytical result cannot be reported for the scheduled date unless it
demonstrates that collecting a replacement sample within this time frame is not
feasible or the department approves an alternate sampling date. If it is not
feasible for the Subpart H system to collect a replacement sample within the
required timeframe, then the Subpart H system shall submit an explanation for
the delayed sampling date to the department concurrent with the shipment of the
sample to the laboratory. If instead the Subpart H system wants to use an
alternate sampling date, then the Subpart H system shall submit an application
to the department requesting approval of an alternative sampling date not later
than 2 calendar days after the date by which it was required to collect the
sample. Such application shall include the reason or reasons for requesting the
alternative sampling date, including the reason or reasons for the delay in
sampling, and shall be submitted in accordance with subsection (t) of this
section.
(IV)
A Subpart H system that fails to meet the criteria of subclause (III) of this
clause for any source water sample required under clause (ii) of this
subparagraph shall revise the Subpart H system's sampling schedules to add
dates for collecting all missed samples. The Subpart H system shall submit an
application to the department requesting approval of the revised schedule. Such
application shall include the reason or reasons for requesting to use the
revised schedule and shall be submitted in accordance with subsection (t) of
this section. The application shall be submitted to the department prior to the
time the Subpart H system begins collecting the missed samples.
(iv) Sampling locations.
(I) A Subpart H system that is required to
conduct source water monitoring under clause (ii) of this subparagraph shall
collect samples for each plant that treats a surface water or GWUDI source.
Where multiple plants draw water from the same influent, such as the same pipe
or intake, the department may approve 1 set of monitoring results to be used to
satisfy the requirements of clause (ii) of this subparagraph for all plants. To
receive such approval, the Subpart H system shall submit an application to the
department requesting approval of the use of 1 set of monitoring results to be
used to satisfy the requirements of clause (ii) of this subparagraph for all
plants. Such application shall include the reason or reasons for requesting
approval of 1 set of monitoring results, including documentation demonstrating
that the plants draw water from the same influent, and shall be submitted in
accordance with subsection (t) of this section.
(II) A Subpart H system shall collect source
water samples prior to chemical treatment, such as coagulants, oxidants and
disinfectants, unless the department approves a Subpart H system to collect a
source water sample after chemical treatment. To request such approval, the
Subpart H system shall submit an application to the department in accordance
with subsection (t) of this section. Such application shall include the reason
or reasons for requesting to collect a sample after chemical treatment instead
of before chemical treatment, including documentation demonstrating that the
collection of a sample prior to chemical treatment is not feasible for the
Subpart H system and that the chemical treatment is unlikely to have a
significant adverse effect on the analysis of the sample. The department shall
not grant an approval unless the department determines that the collecting of a
sample prior to chemical treatment is not feasible for the Subpart H system and
that the chemical treatment is unlikely to have a significant adverse effect on
the analysis of the sample.
(III) A
Subpart H system that recycles filter backwash water shall collect source water
samples prior to the point of the filter backwash water addition.
(IV) Bank filtration.
(1) Systems supplied by a surface water
source that receive Cryptosporidium treatment credit for bank filtration under
subsection (j)(4)(D) of this section shall collect source water samples in the
surface water prior to bank filtration.
(2) Systems supplied by a GWUDI source that
use bank filtration as pretreatment to a filtration plant shall collect source
water samples from the well (i.e., after bank filtration). Use of bank
filtration during monitoring shall be consistent with routine operational
practice. Subpart H systems collecting samples after a bank filtration process
shall not receive treatment credit for the bank filtration under subsection
(j)(13)(C)(iii) of this section.
(V) Multiple sources. Subpart H systems with
plants that use multiple water sources, including multiple surface water
sources and blended surface water and ground water sources, shall collect
samples as specified in subclause (V)(1) or (2) of this clause. The use of
multiple sources during monitoring shall be consistent with routine operational
practice.
(1) If a sampling tap is available
where the sources are combined prior to treatment, Subpart H systems shall
collect samples from the tap.
(2)
If a sampling tap where the sources are combined prior to treatment is not
available, Subpart H systems shall collect samples at each source near the
intake on the same day and shall follow the requirements in either subclause
(V)(2)(A) or (B) of this clause for sample analysis.
(A) Subpart H systems may composite samples
from each source into 1 sample prior to analysis. The volume of sample from
each source shall be weighted according to the proportion of the source in the
total plant flow at the time the sample is collected.
(B) Subpart H systems may analyze samples
from each source separately and calculate a weighted average of the analysis
results for each sampling date. The weighted average shall be calculated by
multiplying the analysis result for each source by the fraction the source
contributed to total plant flow at the time the sample was collected and then
summing these values.
(VI) Additional Requirements. A Subpart H
system shall submit an application to the department in accordance with
subsection (t) of this section requesting approval of its sampling locations.
The Subpart H system shall provide with its application a description of the
sampling location, and the position of the sampling location in relation to its
water source(s) and treatment processes, including pretreatment, points of
chemical treatment, and filter backwash recycle. Such application shall be
submitted to the department at the same time as the sampling schedule required
under clause (iii) of this subparagraph. The Subpart H system shall not sample
at the locations reported in the application until it receives approval from
the department to do so.
(v) Analytical methods.
(I) Cryptosporidium. Subpart H systems shall
analyze for Cryptosporidium using analytical methods approved by EPA in
40 CFR
141.704(a), as amended from
time to time.
(II)
E. coli. Subpart H systems shall use the methods for
enumeration of E. coli in source water approved by EPA in
40 CFR
141.704(b), as amended from
time to time.
(III)
Turbidity. Subpart H systems shall use methods for turbidity measurement
approved by EPA in
40 CFR
141.704(c), as amended from
time to time.
(vi)
Approved laboratories.
(I) Cryptosporidium.
Subpart H systems shall have Cryptosporidium samples analyzed by a laboratory
that is approved under the EPA's Laboratory Quality Assurance Evaluation
Program for Analysis of Cryptosporidium in Water or a laboratory approved by
the department pursuant to section
19a-29a
of the Connecticut General Statutes for Cryptosporidium analysis.
(II)
E. coli. Any laboratory certified by the EPA or the
National Environmental Laboratory Accreditation Conference, or approved by the
department pursuant to section
19a-29a
of the Connecticut General Statutes, for total coliform or fecal coliform
analysis, is approved for E. coli analysis under this subparagraph and
subsections (h)(9), (i)(5), (j)(12), and (j)(13) of this section when the
laboratory uses the same technique for E. coli that the laboratory uses for
40 CFR
141.74, as amended from time to time.
(III) Turbidity. Measurements of
turbidity shall be made by a laboratory that has a certificate of approval
issued by the department pursuant to section
19a-29a
of the Connecticut General Statutes.
(vii) Requirements when making a significant
change in disinfection practice. Subpart H systems that plan to make a
significant change to disinfection practice shall develop disinfection profiles
and calculate disinfection benchmarks for Giardia lamblia and viruses as
described in clause (viii) of this subparagraph. Prior to making a significant
change to disinfection practice, the Subpart H system shall submit an
application to the department requesting approval to make a significant change
to disinfection practice. Such application shall be submitted in accordance
with subsection (t) of this section. The application shall include the
following information:
(I) A completed
disinfection profile and disinfection benchmark for Giardia lamblia and viruses
as described in clause (viii) of this subparagraph.
(II) A description of the proposed
significant change to disinfection practice.
(III) An analysis of how the proposed
significant change to disinfection practice will affect the current level of
disinfection.
(viii)
Developing the disinfection profile and benchmark.
(I) Subpart H systems required to develop
disinfection profiles under clause (vii) of this subparagraph shall follow the
requirements of this clause. Subpart H systems shall monitor at least weekly
for a period of 12 consecutive months to determine the total log inactivation
for Giardia lamblia and viruses. If Subpart H systems monitor more frequently,
the monitoring frequency shall be evenly spaced. Subpart H systems that operate
for fewer than 12 months per year shall monitor weekly during the period of
operation. Subpart H systems shall determine log inactivation for Giardia
lamblia through the entire plant, based on CT99.9 values in Tables 1.1 through
1.6, 2.1 and 3.1 of
40 CFR
141.74(b), as amended from
time to time, as applicable. Subpart H systems shall determine log inactivation
for viruses through the entire treatment plant based on a protocol approved by
the department under subclause (IV)(4) of this clause.
(II) Subpart H systems with a single point of
disinfectant application prior to the entrance to the distribution system shall
conduct the monitoring in subclauses (II)(1) through (4), inclusive, of this
clause. Subpart H systems with more than 1 point of disinfectant application
shall conduct the monitoring in subclauses (II)(1) through (4), inclusive, of
this clause for each disinfection segment. Subpart H systems shall monitor the
parameters necessary to determine the total inactivation ratio, using
analytical methods in
40 CFR
141.74(a), as amended from
time to time.
(1) For Subpart H systems using
a disinfectant other than UV, the temperature of the disinfected water shall be
measured at each RDC sampling point during peak hourly flow or at an
alternative location approved by the department. To request approval to measure
the temperature of the disinfected water at an alternative location, the
Subpart H system shall submit an application to the department requesting
approval of such alternative location in accordance with subsection (t) of this
section.
(2) For Subpart H systems
using chlorine, the pH of the disinfected water shall be measured at each
chlorine RDC sampling point during peak hourly flow or at an alternative
location approved by the department. To request approval to measure the pH of
the disinfected water at an alternative location, the Subpart H system shall
submit an application to the department requesting approval of such alternative
location in accordance with subsection (t) of this section.
(3) The disinfectant contact time(s) shall be
determined during peak hourly flow.
(4) The RDC(s) of the water before or at the
first consumer and prior to each additional point of disinfectant application
shall be measured during peak hourly flow.
(III) In lieu of conducting new monitoring
under subclause (II) of this clause, Subpart H systems may elect to meet the
requirements of subclause (III)(1) or (2) of this clause. The Subpart H system
shall submit an application to the department requesting approval to meet the
requirements of subclause (III)(1) or (2) of this clause in lieu of conducting
new monitoring under subclause (II) of this clause in accordance with
subsection (t) of this section.
(1) A Subpart
H system that has at least 1 year of existing data that are substantially
equivalent to data collected under the provisions of subclause (II) of this
clause may use these data to develop disinfection profiles as specified in
subclause (III) of this clause if the Subpart H system has neither made a
significant change to the Subpart H system's treatment practice nor changed
sources since the data were collected. A Subpart H system may develop
disinfection profiles using up to 3 years of existing data.
(2) A Subpart H system may use disinfection
profile(s) developed under subparagraphs (S)(iv) and (v) of this subdivision in
lieu of developing a new profile if the Subpart H system has neither made a
significant change to the treatment practice of the Subpart H system, nor
changed sources since the profile was developed. A Subpart H system that has
not developed a disinfection profile under subparagraph (S)(iv) or (v) of this
subdivision shall develop a disinfection profile using the same monitoring data
on which the Giardia lamblia profile is based.
(IV) Subpart H systems shall calculate the
total inactivation ratio for Giardia lamblia as specified in subclauses (IV)(1)
through (3), inclusive, of this clause.
(1)
Subpart H systems using only 1 point of disinfectant application may determine
the total inactivation ratio for the disinfection segment based on the
following methods.
(A) Determine 1
inactivation ratio (CTcalc/CT99.9) before or at the first consumer during peak
hourly flow; or
(B) Determine
successive CTcalc/CT99.9 values, representing sequential inactivation ratios,
between the point of disinfectant application and a point before or at the
first consumer during peak hourly flow. The Subpart H system shall calculate
the total inactivation ratio by determining (CTcalc/CT99.9) for each sequence
and then adding the (CTcalc/CT99.9) values together to determine (S
(CTcalc/CT99.9)).
(2)
Subpart H systems using more than 1 point of disinfectant application before
the first consumer shall determine the CT value of each disinfection segment
immediately prior to the next point of disinfectant application, or for the
final segment, before or at the first consumer, during peak hourly flow. The
(CTcalc/CT99.9) value of each segment and (S (CTcalc/CT99.9)) shall be
calculated using the method in subclause (IV)(1)(B) of this clause.
(3) Subpart H systems shall determine the
total logs of inactivation by multiplying the value calculated in subclause
(IV)(1)(A) or (B) of this clause by 3.0.
(4) Subpart H systems shall calculate the log
of inactivation for viruses using a protocol approved by the department. To
request approval of a protocol, a Subpart H system shall submit an application
to the department in accordance with subsection (t) of this section. The
application shall include the proposed protocol that the Subpart H system will
use to calculate the total logs of inactivation.
(V) Subpart H systems shall use the
procedures specified in subclauses (V)(1) and (2) of this clause to calculate a
disinfection benchmark.
(1) For each year of
profiling data collected and calculated under subclauses (I) through (IV),
inclusive, of this clause, Subpart H systems shall determine the lowest mean
monthly level of both Giardia lamblia and virus inactivation. Subpart H systems
shall determine the mean Giardia lamblia and virus inactivation for each
calendar month for each year of profiling data by dividing the sum of daily or
weekly Giardia lamblia and virus log inactivation by the number of values
calculated for that month.
(2) The
disinfection benchmark is the lowest monthly mean value (for Subpart H systems
with 1 year of profiling data) or the mean of the lowest monthly mean values
(for Subpart H systems with more than 1 year of profiling data) of Giardia
lamblia and virus log inactivation in each year of profiling data.
(8) Monitoring requirements for lead and
copper in tap water. Unless otherwise indicated, the provisions of this
subdivision shall apply to CWSs and NTNCs.
(A)
Sample site location.
(i) Each CWS or NTNC
shall complete a materials evaluation of the CWS's or NTNC's distribution
system in order to identify a pool of targeted sampling sites that meets the
requirements of this subdivision, and that is sufficiently large to ensure that
the CWS or NTNC can collect the number of lead and copper tap water samples
required in subparagraph (C) of this subdivision. All sites from which
first-draw samples are collected shall be selected from this pool of targeted
sampling sites. Sampling sites shall not include faucets that have point-of-use
or point-of-entry treatment devices designed to remove inorganic
contaminants.
(ii) A CWS or NTNC
shall use the information on lead, copper, and galvanized steel that the CWS or
NTNC is required to collect under
40 CFR
141.42(d) (special
monitoring for corrosivity characteristics), as amended from time to time, when
conducting a materials evaluation. When an evaluation of the information
collected pursuant to
40 CFR
141.42(d), as amended from
time to time, is insufficient to locate the requisite number of lead and copper
sampling sites to meet the targeting criteria of this subparagraph, the CWS or
NTNC shall review the sources of information listed in subclauses (I) through
(III), inclusive, of this clause in order to identify a sufficient number of
sampling sites. In addition, the CWS or NTNC shall collect such information
where possible in the course of the CWS's or NTNC's normal operations (e.g.,
checking service line materials when reading water meters or performing
maintenance activities):
(I) All plumbing
codes, permits, and records in the files of the building department(s) that
indicate the plumbing materials that are installed within publicly and
privately owned structures connected to the distribution system;
(II) All inspections and records of the
distribution system that indicate the material composition of the service
connections that connect a structure to the distribution system; and
(III) All existing water quality information,
which includes the results of all prior analyses of the CWS or NTNC or
individual structures connected to the CWS or NTNC, indicating locations that
may be particularly susceptible to high lead or copper
concentrations.
(iii)
The sampling sites selected for a CWS's sampling pool (tier 1 sampling sites)
shall consist of single family structures that:
(I) Contain copper pipes with lead solder
installed after 1982 or contain lead pipes; or
(II) Are served by a lead service line. When
multiple-family residences comprise at least 20 percent of the structures
served by a CWS, the CWS may include this type of structure in the CWS's
sampling pool.
(iv) Any
CWS with insufficient tier 1 sampling sites shall complete the CWS's sampling
pool with tier 2 sampling sites, consisting of buildings, including
multiple-family residences that:
(I) Contain
copper pipes with lead solder installed after 1982 or contain lead pipes;
or
(II) Are served by a lead
service line.
(v) Any
CWS with insufficient tier 1 and tier 2 sampling sites shall complete the CWS's
sampling pool with tier 3 sampling sites, consisting of single family
structures that contain copper pipes with lead solder installed before 1983. A
CWS with insufficient tier 1, tier 2, and tier 3 sampling sites shall complete
the CWS's sampling pool with representative sites throughout the distribution
system. For the purpose of this subclause, a representative site is a site in
which the plumbing materials used at that site would be commonly found at other
sites served by the CWS.
(vi) The
sampling sites selected for a NTNC (tier 1 sampling sites) shall consist of
buildings that:
(I) Contain copper pipes with
lead solder installed after 1982 or contain lead pipes; or
(II) Are served by a lead service line;
or
(III) Contain copper pipes with
lead solder installed after 1982 or contain lead pipes and are served by a lead
service line.
(vii) A
NTNC with insufficient tier 1 sites to meet the targeting criteria in clause
(vi) of this subparagraph shall complete the NTNC's sampling pool with sampling
sites that contain copper pipes with lead solder installed before 1983. If
additional sites are needed to complete the sampling pool, the NTNC shall use
representative sites throughout the distribution system. For the purpose of
this subclause, a representative site is a site in which the plumbing materials
used at that site would be commonly found at other sites served by the
NTNC.
(viii) Any CWS or NTNC having
a distribution system containing lead service lines shall draw 50 percent of
the samples the CWS or NTNC collects during each monitoring period from sites
that contain lead pipes, or copper pipes with lead solder, and 50 percent of
those samples from sites served by a lead service line. A CWS or NTNC that
cannot identify a sufficient number of sampling sites served by a lead service
line shall collect first-draw samples from all of the sites identified as being
served by such lines.
(B) Sample collection methods.
(i) All tap water samples for lead and copper
collected in accordance with this subdivision, with the exception of lead
service line samples collected under clauses (iii) and (v) of this
subparagraph, shall be first-draw samples.
(ii) Each first-draw tap water sample for
lead and copper shall be 1 liter in volume and have stood motionless in the
plumbing system of each sampling site for at least 6 hours. First-draw samples
from residential housing shall be collected from the cold-water kitchen tap or
bathroom sink tap. First-draw samples from a non-residential building shall be
1 liter in volume and shall be collected at an interior tap from which water is
typically drawn for consumption. Non-first-draw samples collected in lieu of
first-draw samples pursuant to clause (v) of this subparagraph shall be 1 liter
in volume and shall be collected at an interior tap from which water is
typically drawn for consumption. First-draw samples may be collected by the CWS
or NTNC or the CWS or NTNC may allow residents to collect first-draw samples
after instructing the residents of the sampling procedures specified in this
subparagraph. To avoid problems of residents handling nitric acid,
acidification of first-draw samples may be done up to 14 days after the sample
is collected. After acidification to resolubilize the metals, the sample shall
stand in the original container for the time specified in the approved EPA
method, pursuant to subdivision (7)(K) of this subsection, before the sample is
analyzed. If a CWS or NTNC allows a resident to perform sampling, the CWS or
NTNC may not challenge, based on alleged errors in sample collection, the
accuracy of sampling results.
(iii)
Each service line sample shall be 1 liter in volume and have stood motionless
in the lead service line for at least 6 hours. Lead service line samples shall
be collected in 1 of the following 3 ways:
(I)
At the tap after flushing the volume of water between the tap and the lead
service line (the volume of water shall be calculated based on the interior
diameter and length of the pipe between the tap and the lead service
line);
(II) Tapping directly into
the lead service line; or
(III) If
the sampling site is a building constructed as a single-family residence,
allowing the water to run until there is a significant change in temperature
which would be indicative of water that has been standing in the lead service
line.
(iv) A CWS or NTNC
shall collect each first-draw tap water sample from the same sampling site from
which the CWS or NTNC collected a previous sample. If the CWS or NTNC cannot
gain entry to a sampling site in order to collect a follow-up tap water sample,
the CWS or NTNC may collect the follow-up tap water sample from another
sampling site in the CWS's or NTNC's sampling pool as long as the new site
meets the same targeting criteria, and is within reasonable proximity of the
original site.
(v) A NTNC, or a CWS
whose operation mandates continuous daily flow, such as a prison or hospital,
that does not have enough taps that can supply first-draw samples, as defined
in subsection (a) of this section, shall notify the department in writing when
the CWS or NTNC substitutes non-first-draw samples pursuant to subsection
(h)(5)(A)(vii) of this section. Such CWSs and NTNCs shall collect as many
first-draw samples from appropriate taps as possible and identify sampling
times and locations that would likely result in the longest standing time for
the remaining sites.
(C)
Number of lead and copper tap water samples. CWSs and NTNCs shall collect at
least 1 sample during each monitoring period specified in subparagraph (D) of
this subdivision from the number of sites listed in the second column
("Standard Monitoring") in Table 8-C1 of this subparagraph. A CWS or NTNC
conducting reduced monitoring under subparagraph (D)(iv) of this subdivision
shall collect at least 1 sample from the number of sites specified in the third
column ("Reduced Monitoring") in Table 8-C1 of this subparagraph during each
monitoring period specified in subparagraph (D)(iv) of this subdivision. Such
reduced monitoring sites shall be representative of the sites required for
standard monitoring.
TABLE 8-C1. LEAD AND COPPER MONITORING SAMPLING
SITES
CWS or NTNC Size
(Number of
People Served) |
Number of Sites
(Standard Monitoring) |
Number of Sites
(Reduced Monitoring) |
[GREATER THAN] 100,000 |
100 |
50 |
10,001-100,000 |
60 |
30 |
3,301 to 10,000 |
40 |
20 |
501 to 3,300 |
20 |
10 |
101 to 500 |
10 |
5 |
Less than or equal to 100 |
5 |
5 |
(i) A CWS or
NTNC that has fewer than 5 drinking water taps that can be used for human
consumption meeting the sample site criteria of subparagraph (A) of this
subdivision to reach the required number of sample sites listed in subparagraph
(C) of this subdivision, shall collect at least 1 sample from each tap and then
shall collect additional samples from those taps on different days during the
monitoring period to meet the required number of sites.
(ii) Alternatively, the CWS or NTNC may
submit to the department an application requesting that the department approve
the CWS or NTNC to collect a number of samples less than the number of sites
specified in Table 8-C1 of this subparagraph provided that 100 percent of all
taps that can be used for human consumption are sampled. Such application shall
include the reason or reasons that the CWS or NTNC is requesting to collect a
number of samples less than the number of sites specified in Table 8-C1 of this
subparagraph and shall be submitted in accordance with subsection (t) of this
section.
(iii) The department may
specify sampling locations when a CWS or NTNC is conducting reduced
monitoring.
(D) Timing
of monitoring.
(i) Initial tap water sampling.
(I) All large CWSs and NTNCs shall monitor
during 2 consecutive 6 month periods.
(II) All small and medium-size CWSs and NTNCs
shall monitor during each 6 month monitoring period until:
(1) The CWS or NTNC exceeds the lead or
copper action level and is therefore required to implement the corrosion
control treatment requirements under subsection (j)(7) of this section, in
which case the CWS or NTNC shall continue monitoring in accordance with clause
(ii) of this subparagraph, or
(2)
The CWS or NTNC meets the lead and copper action levels during 2 consecutive 6
month monitoring periods, in which case the CWS or NTNC may reduce monitoring
in accordance with clause (iv) of this subparagraph.
(ii) Monitoring after installation
of corrosion control and source water treatment.
(I) Any CWS or NTNC that installs optimal
corrosion control treatment pursuant to subsection (j)(7)(D)(v) of this section
shall monitor during 2 consecutive 6 month monitoring periods in accordance
with the time period described in subsection (j)(7)(D)(vi) of this
section.
(II) Any CWS or NTNC that
installs source water treatment pursuant to subsection (j)(9)(A)(iii) of this
section shall monitor during 2 consecutive 6 month monitoring periods in
accordance with the time period described in subsection (j)(9)(A)(iv) of this
section.
(iii)
Monitoring after the department specifies water quality parameter values for
optimal corrosion control. After the department specifies the values for water
quality control parameters under subsection (j)(8)(F) of this section, the CWS
or NTNC shall monitor during each subsequent 6 month monitoring period, with
the first monitoring period to begin on the date the department specifies the
optimal values under subsection (j)(8)(F) of this section.
(iv) Reduced monitoring.
(I) A small or medium-size CWS or NTNC that
meets the lead and copper action levels during each of 2 consecutive 6 month
monitoring periods may reduce the number of samples in accordance with
subparagraph (C) of this subdivision, and reduce the frequency of sampling to
once per year. A small or medium CWS or NTNC collecting fewer than 5 samples as
specified in subparagraph (C)(i) of this subdivision that meets the lead and
copper action levels during each of 2 consecutive 6 month monitoring periods
may reduce the frequency of sampling to once per year. In no case shall the CWS
or NTNC reduce the number of samples required below the minimum of 1 sample per
available tap. This sampling shall begin during the calendar year immediately
following the end of the second consecutive 6 month monitoring
period.
(II) Any CWS or NTNC that
meets the lead action level and maintains the range of values for the water
quality control parameters reflecting optimal corrosion control treatment
specified by the department under subsection (j)(8)(F) of this section during
each of 2 consecutive 6 month monitoring periods may reduce the frequency of
monitoring to once per year and reduce the number of lead and copper samples in
accordance with subparagraph (C) of this subdivision if the CWS or NTNC submits
to the department an application requesting approval to do so and receives such
approval in writing from the department. Such application shall include the
reason or reasons that the CWS or NTNC is requesting to reduce the frequency of
monitoring and the number of lead and copper samples and shall be submitted in
accordance with subsection (t) of this section. This sampling shall begin
during the calendar year immediately following the end of the second
consecutive 6 month monitoring period after the department's approval of such
application. The department shall review monitoring, treatment and other
relevant information submitted by the CWS or NTNC in accordance with subsection
(h)(5) of this section and shall notify the CWS or NTNC in writing when the
department determines the CWS or NTNC is eligible to commence reduced
monitoring pursuant to this subclause. The department shall review, and where
appropriate, revise the department's determination when the CWS or NTNC submits
new monitoring or treatment data, or when other data relevant to the number and
frequency of tap water sampling becomes available.
(III) A small or medium-size CWS or NTNC that
meets the lead and copper action levels during 3 consecutive years of
monitoring may reduce the frequency of monitoring for lead and copper from
annually to once every 3 years. Any CWS or NTNC that meets the lead action
level and maintains the range of values for the water quality control
parameters reflecting optimal corrosion control treatment specified by the
department under subsection (j)(8)(F) of this section during 3 consecutive
years of monitoring may reduce the frequency of monitoring from annually to
once every 3 years if the CWS or NTNC submits to the department an application
requesting approval to do so and receives such approval in writing from the
department. Such application shall include the reason or reasons that the CWS
or NTNC is requesting to reduce the frequency of monitoring and shall be
submitted in accordance with subsection (t) of this section. Samples collected
once every 3 years shall be collected not later than every third calendar year
after the department's approval of such application. The department shall
review monitoring, treatment, and other relevant information submitted by the
CWS or NTNC in accordance with subsection (h)(5) of this section, and shall
notify the CWS or NTNC in writing when the department determines the CWS or
NTNC is eligible to reduce the frequency of monitoring to once every 3 years.
The department shall review, and where appropriate, revise the department's
determination when the CWS or NTNC submits new monitoring or treatment data, or
when other data relevant to the number and frequency of tap water sampling
becomes available.
(IV) A CWS or
NTNC that reduces the number and frequency of sampling shall collect these
samples from representative sites included in the pool of targeted sampling
sites identified in subparagraph (A) of this subdivision. CWSs and NTNCs
sampling annually or less frequently shall conduct the lead and copper tap
water sampling during the months of June, July, August, or September unless the
department has approved a different sampling period in accordance with this
clause.
(1) The department may approve a
different period for conducting the lead and copper tap water sampling for CWSs
and NTNCs collecting a reduced number of samples. Such a period shall be no
longer than 4 consecutive months and shall represent a time of normal operation
when the highest levels of lead are most likely to occur. For a NTNC that does
not operate during the months of June through September, and for which the
period of normal operation when the highest levels of lead are most likely to
occur is not known, the department shall designate, in writing, a period that
represents a time of normal operation for the NTNC. This sampling shall begin
during the period designated by the department in the calendar year immediately
following the end of the second consecutive 6 month monitoring period for CWSs
and NTNCs initiating annual monitoring and during the 3 year period following
the end of the third consecutive calendar year of annual monitoring for CWSs
and NTNCs initiating triennial monitoring.
(2) CWSs and NTNCs monitoring annually, that
have been collecting samples during the months of June through September and
that receive department approval to alter the CWS's or NTNC's sample collection
period under this clause, shall collect the CWS's or NTNC's next round of
samples during a time period that ends not later than 21 months after the
previous round of sampling. CWSs and NTNCs monitoring once every 3 calendar
years that have been collecting samples during the months of June through
September, and that receive department approval to alter the CWS's or NTNC's
sampling collection period under this clause, shall collect the CWS's or NTNC's
next round of samples during a time period that ends not later than 45 months
after the previous round of sampling. Subsequent rounds of sampling shall be
collected annually or once every 3 calendar years, as required by this
subdivision.
(V) Any CWS
or NTNC that demonstrates for 2 consecutive 6 month monitoring periods that the
tap water lead level computed under subsection (j)(6)(B)(iii) of this section
is less than or equal to 0.005 mg/l and the tap water copper level computed
under subsection (j)(6)(B)(iii) of this section is less than or equal to 0.65
mg/l may reduce the number of samples in accordance with subparagraph (C) of
this subdivision and reduce the frequency of sampling to once every 3 calendar
years.
(VI)
(1) A small or medium-size CWS or NTNC
subject to reduced monitoring that exceeds the lead or copper action level
shall resume sampling in accordance with clause (iii) of this subparagraph and
collect the number of samples specified for standard monitoring under
subparagraph (C) of this subdivision. Such CWS or NTNC shall also conduct water
quality parameter monitoring in accordance with subdivision (9)(B), (C) or (D)
of this subsection (as appropriate) during the designated 4 consecutive month
monitoring period in which the CWS or NTNC exceeded the action level. Any such
CWS or NTNC may resume annual monitoring for lead and copper at the tap at the
reduced number of sites specified in subparagraph (C) of this subdivision after
the CWS or NTNC has completed 2 subsequent consecutive 6 month rounds of
monitoring that meet the criteria of subclause (I) of this clause and may
resume monitoring once every 3 calendar years for lead and copper at the
reduced number of sites after the CWS or NTNC demonstrates through subsequent
rounds of monitoring that the CWS or NTNC meets the criteria of either
subclause (III) or (V) of this clause.
(2) Any CWS or NTNC subject to the reduced
monitoring frequency that fails to meet the lead action level during any 4
consecutive month monitoring period or that fails to operate at or above the
minimum value or within the range of values for the water quality parameters
specified by the department under subsection (j)(8)(F) of this section for more
than 9 days in any 6 month period specified in subdivision (9)(D) of this
subsection shall conduct tap water sampling for lead and copper at the
frequency specified in clause (iii) of this subparagraph, collect the number of
samples specified for standard monitoring in subparagraph (C) of this
subdivision, and shall resume monitoring for water quality parameters within
the distribution system in accordance with subdivision (9)(D) of this
subsection. This standard tap water sampling shall begin not later than the 6
month period beginning January 1 of the calendar year following the lead action
level exceedance or water quality parameter excursion. Such a CWS or NTNC may
resume reduced monitoring for lead and copper at the tap and for water quality
parameters within the distribution system under the following conditions in
subclause (VI)(2)(A), (B) and (C) of this clause:
(VII) Any CWS or NTNC subject to a reduced
monitoring frequency under this clause shall obtain approval from the
department in writing in accordance with subsection (h)(5)(A)(iii) of this
section of any upcoming long-term change in treatment or the addition of a new
source as described in subsection (h)(5)(A)(iii) of this section. The
department shall review and approve such long-term change in treatment or
addition of a new source under subsection (h)(5)(A)(iii) of this section before
the CWS or NTNC may implement it. The department may require the CWS or NTNC to
resume routine sampling in accordance with clause (iii) of this subparagraph
and collect the number of samples specified for standard monitoring under
subparagraph (C) of this subdivision or take other appropriate steps, such as
increased water quality parameter monitoring or re-evaluation of the CWS's or
NTNC's corrosion control treatment given the potentially different water
quality considerations.
(E) Additional monitoring by CWSs and NTNCs.
The results of any monitoring conducted in addition to the minimum requirements
of this subdivision shall be considered by the CWS or NTNC and the department
in making any determinations (i.e., calculating the 90th percentile lead or
copper level) under this subdivision and subsections (e)(7)(K), (e)(9) and
(e)(10), (h)(5), (i)(6), (j)(6) through (j)(10), and (l)(1) of this
section.
(F) Invalidation of lead
or copper tap water samples. A sample invalidated under this subparagraph does
not count toward determining lead or copper 90th percentile levels under
subsection (j)(6)(B)(iii) of this section or toward meeting the minimum
monitoring requirements of subparagraph (C) of this subdivision.
(i) The department may invalidate a lead or
copper tap water sample if at least 1 of the following conditions is met:
(I) The laboratory establishes that improper
sample analysis caused erroneous results;
(II) The department determines that the
sample was taken from a site that did not meet the site selection criteria of
this subdivision;
(III) The sample
container was damaged in transit; or
(IV) There is substantial reason to believe
that the sample was subject to tampering.
(ii) The CWS or NTNC shall report the results
of all samples to the department and all supporting documentation for samples
the CWS or NTNC believes should be invalidated.
(iii) To invalidate a sample under this
subparagraph, the department shall document, in writing, the department's
decision and the rationale for the decision. The department shall not
invalidate a sample solely on the grounds that a follow-up sample result is
higher or lower than that of the original sample.
(iv) The CWS or NTNC shall collect
replacement samples for any samples invalidated under this subparagraph if,
after the invalidation of 1 or more samples, the CWS or NTNC has too few
samples to meet the minimum requirements of subparagraph (C) of this
subdivision. Any such replacement samples shall be taken as soon as possible,
but not later than 20 days after the date the department invalidates the sample
or by the end of the applicable monitoring period, whichever occurs later.
Replacement samples taken after the end of the applicable monitoring period
shall not also be used to meet the monitoring requirements of a subsequent
monitoring period. The replacement samples shall be taken at the same locations
as the invalidated samples or, if that is not possible, at locations other than
those already used for sampling during the monitoring period.
(G) Supplemental monitoring and
notification of results. A CWS or NTNC that fails to meet the lead action level
on the basis of tap water samples collected in accordance with this subdivision
shall offer to sample the tap water of any consumer who requests it. The CWS or
NTNC is not required to pay for collecting or analyzing the lead tap water
sample, nor is the CWS or NTNC required to collect and analyze the sample
itself.
(9) Monitoring
requirements for water quality parameters. All large CWSs and NTNCs and all
small and medium-size CWSs and NTNCs that exceed the lead or copper action
level shall monitor water quality parameters in addition to lead and copper in
accordance with this subdivision. The requirements of this subdivision are
summarized in Table 9-E3 of this subdivision. Unless otherwise indicated, the
provisions of this subdivision apply to CWSs and NTNCs.
(A) General requirements.
(i) Sample collection methods. Tap water
samples shall be representative of water quality throughout the distribution
system taking into account the number of persons served, the different sources
of water, the different treatment methods employed by the CWS or NTNC, and
seasonal variability. Tap water sampling under this subdivision is not required
to be conducted at taps targeted for lead and copper sampling under subdivision
(8)(A)(i) of this subsection. Samples collected at the entry point(s) to the
distribution system shall be from locations representative of each source after
treatment. If a CWS or NTNC draws water from more than 1 source and the sources
are combined before distribution, the CWS or NTNC shall 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).
(ii) Number of samples. CWSs and NTNCs shall
collect 2 tap water samples for applicable water quality parameters during each
monitoring period specified under subparagraphs (B) through (E), inclusive, of
this subdivision from the following number of sites in Table 9-E1 of this
clause.
TABLE 9-E1. NUMBER OF WATER QUALITY PARAMETER SAMPLES FOR
LEAD AND COPPER
Size of CWS or NTNC(Number of People
Served) |
Number of Sites for Water Quality
Parameters |
[GREATER THAN] 100,000 |
25 |
10,001 to 100,000 |
10 |
3,301 to 10,000 |
3 |
501 to 3,300 |
2 |
101 to 500 |
1 |
Less than or equal to 100 |
1 |
CWSs and NTNCs shall collect 2 samples for each applicable
water quality parameter at each entry point to the distribution system during
each monitoring period specified in subparagraph (B) of this subdivision.
During each monitoring period specified in subparagraphs (C) through (E),
inclusive, of this subdivision, CWSs and NTNCs shall collect 1 sample for each
applicable water quality parameter at each entry point to the distribution
system.
(B)
Initial sampling. All large CWSs and NTNCs shall measure the applicable water
quality parameters as specified in this subparagraph at taps and at each entry
point to the distribution system during each 6 month monitoring period
specified in subdivision (8)(D) of this subsection. All small and medium-size
CWSs and NTNCs shall measure the applicable water quality parameters at the
locations specified in this subparagraph during each 6 month monitoring period
specified in subdivision (8)(D) of this subsection during which the CWS or NTNC
exceeds the lead or copper action level.
(i)
Monitoring at taps shall include:
(I)
pH;
(II) Alkalinity;
(III) Orthophosphate, when an orthophosphate
compound is used;
(IV)
Orthophosphate and hydrolyzable phosphate, when a condensed or blended
phosphate is used;
(V) Silica, when
a silicate compound is used;
(VI)
Calcium;
(VII) Conductivity;
and
(VIII) Water
temperature.
(ii) At
each entry point to the distribution system all of the applicable parameters
listed in clause (i) of this subparagraph.
(C) Monitoring after installation of
corrosion control. Any large CWS or NTNC that installs optimal corrosion
control treatment pursuant to subsection (j)(7)(D)(v) of this section shall
measure the water quality parameters at the locations and frequencies specified
in this subparagraph during each 6 month monitoring period specified in
subdivision (8)(D)(ii)(I) of this subsection. Any small or medium-size CWS or
NTNC that installs optimal corrosion control treatment shall conduct such
monitoring during each 6 month monitoring period specified in subdivision
(8)(D)(ii)(II) of this subsection in which the CWS or NTNC exceeds the lead or
copper action level.
(i) Monitoring at taps, 2
samples for:
(I) pH;
(II) Alkalinity;
(III) Orthophosphate, when an inhibitor
containing a phosphate compound is used;
(IV) Orthophosphate and hydrolyzable
phosphate, when an inhibitor containing condensed or blended phosphate
compounds is used;
(V) Silica, when
an inhibitor containing a silicate compound is used; and
(VI) Calcium, when calcium carbonate
stabilization is used as part of corrosion control.
(ii) At each entry point to the distribution
system, at least 1 sample no less frequently than every 2 weeks for:
(I) pH;
(II) When alkalinity is adjusted as part of
optimal corrosion control, a reading of the dosage rate of the chemical used to
adjust alkalinity, and the alkalinity concentration; and
(III) When a corrosion inhibitor is used as
part of optimal corrosion control, a reading of the dosage rate of the
inhibitor used, and the concentration of orthophosphate, orthophosphate and
hydrolyzable phosphate, or silica (whichever is applicable).
(D) Monitoring after
the department specifies water quality parameter values for optimal corrosion
control. After the department specifies the values for applicable water quality
control parameters reflecting optimal corrosion control treatment under
subsection (j)(8)(F) of this section, all large CWSs and NTNCs shall measure
the applicable water quality parameters in accordance with subparagraph (C) of
this subdivision and determine compliance with the requirements of subsection
(j)(8)(G) of this section every 6 months with the first 6 month period to begin
on either January 1 or July 1, whichever comes first, after the department
specifies the optimal values under subsection (j)(8)(F) of this section. Any
small or medium-size CWS or NTNC shall conduct such monitoring during each 6
month period specified in this subparagraph in which the CWS or NTNC exceeds
the lead or copper action level. For any such small and medium-size CWS or NTNC
that is on a reduced monitoring frequency pursuant to subdivision (8)(D)(iv) of
this subsection at the time of the action level exceedance, the start of the
applicable 6 month monitoring period under this subparagraph shall coincide
with the start of the applicable monitoring period under subdivision (8)(D)(iv)
of this subsection. Compliance with department-designated optimal water quality
parameter values shall be determined as specified under subsection (j)(8)(G) of
this section.
(E) Reduced
monitoring.
(i) Any CWS or NTNC that maintains
the range of values for the water quality parameters reflecting optimal
corrosion control treatment during each of 2 consecutive 6 month monitoring
periods under subparagraph (D) of this subdivision shall continue monitoring at
the entry point(s) to the distribution system as specified in subparagraph
(C)(ii) of this subdivision. Such CWS or NTNC may collect 2 tap water samples
for applicable water quality parameters from the following reduced number of
sites in Table 9-E2 of this clause during each 6 month monitoring period.
TABLE 9-E2. REDUCED SAMPLING SITES FOR LEAD AND
COPPER
Size of CWS or NTNC(Number of People
Served) |
Reduced Number of Sites for Water Quality
Parameters |
[GREATER THAN] 100,000 |
10 |
10,001 to 100,000 |
7 |
3,301 to 10,000 |
3 |
501 to 3,300 |
2 |
101 to 500 |
1 |
Less than or equal to 100 |
1 |
(ii)
(I) Any
CWS or NTNC that maintains the range of values for the water quality parameters
reflecting optimal corrosion control treatment specified by the department
under subsection (j)(8)(F) of this section during 3 consecutive years of
monitoring may reduce the frequency with which the CWS or NTNC collects the
number of tap water samples for applicable water quality parameters specified
in this subparagraph from every 6 months to annually. This sampling begins
during the calendar year immediately following the end of the monitoring period
in which the third consecutive year of 6 month monitoring occurs. Any CWS or
NTNC that maintains the range of values for the water quality parameters
reflecting optimal corrosion control treatment specified by the department
under subsection (j)(8)(F) of this section during 3 consecutive years of annual
monitoring under this subparagraph may reduce the frequency with which the CWS
or NTNC collects the number of tap water samples for applicable water quality
parameters specified in clause (i) of this subparagraph from annually to every
3 years. This sampling begins not later than the third calendar year after the
end of the monitoring period in which the third consecutive year of monitoring
occurs.
(II) A CWS or NTNC may
reduce the frequency with which the CWS or NTNC collects tap water samples for
applicable water quality parameters specified in clause (i) of this
subparagraph to every 3 years if the CWS or NTNC demonstrates during 2
consecutive monitoring periods that the CWS's or NTNC's tap water lead level at
the 90th percentile is less than or equal to the PQL for lead of 0.005 mg/l,
that the CWS's or NTNC's tap water copper level at the 90th percentile is less
than or equal to the PQL for copper of 0.65 mg/l, and that the CWS or NTNC also
has maintained the range of values for the water quality parameters reflecting
optimal corrosion control treatment specified by the department under
subsection (j)(8)(F) of this section. Monitoring conducted every 3 years shall
be done not later than every third calendar year.
(iii) A CWS or NTNC that conducts sampling
annually shall collect these samples evenly throughout the year so as to
reflect seasonal variability.
(iv)
Any CWS or NTNC subject to reduced monitoring frequency that fails to operate
at or above the minimum value or within the range of values for the water
quality parameters specified by the department under subsection (j)(8)(F) of
this section for more than 9 days in any 6 month period specified in subsection
(j)(8)(G) of this section shall resume distribution system tap water sampling
for water quality parameters in accordance with the number and frequency
requirements in subparagraph (D) of this subdivision, shall conduct tap water
sampling for lead and copper at the frequency specified in subdivision
(8)(D)(iii) of this subsection, and shall collect the number of samples
specified for standard monitoring in subdivision (8)(C) of this subsection.
Such a CWS or NTNC may resume annual monitoring for water quality parameters at
the tap, at the reduced number of sites specified in clause (i) of this
subparagraph, after the CWS or NTNC has completed 2 subsequent consecutive 6
month rounds of monitoring that meet the criteria of clause (i) of this
subparagraph, and may resume monitoring once every 3 calendar years for water
quality parameters at the tap at the reduced number of sites, after the CWS or
NTNC demonstrates through subsequent rounds of monitoring that the CWS or NTNC
meets the criteria of either clause (ii) or (iii) of this
subparagraph.
(F)
Additional monitoring by CWSs and NTNCs. The results of any monitoring
conducted in addition to the minimum requirements of this subdivision shall be
considered by the CWS or NTNC and the department in making any determinations
(i.e. determining concentrations of water quality parameters) under this
subdivision or subsection (j)(8) of this section.
TABLE 9-E3. SUMMARY OF MONITORING REQUIREMENTS FOR WATER
QUALITY PARAMETERS 1
Monitoring Period |
Parameters
2 |
Location |
Frequency |
Initial Monitoring |
pH, alkalinity, orthophosphate or
silica 3, calcium, conductivity, temperature
|
Taps and at entry points to distribution
system |
Every 6 months |
After Installation
of Corrosion Control |
pH, alkalinity, orthophosphate or
silica, 3 calcium
4 |
Taps |
Every 6 months |
pH, alkalinity dosage rate concentration (if
alkalinity adjusted as part of corrosion control), inhibitor dosage rate and
inhibitor
residual
5 |
Entry point(s) to distribution
system |
No less frequently than every 2 weeks |
After Department specifies Parameter Values for
Optimal Corrosion Control |
pH, alkalinity, orthophosphate or
silica, 3 calcium
4 |
Taps |
Every 6 months |
pH, alkalinity dosage rate and concentration (if
alkalinity adjusted as part of corrosion control), inhibitor dosage rate and
inhibitor residual 5 |
Entry point(s) to distribution
system |
No less frequently than every 2 weeks |
Reduced Monitoring |
pH, alkalinity, orthophosphate or
silica, 3 calcium
4 |
Taps |
Every 6 months, annually
6, or every 3 years 7, at reduced
number of sites |
pH, alkalinity dosage rate and concentration (if
alkalinity adjusted as part of corrosion control), inhibitor dosage rate and
inhibitor residual 5 |
Entry point(s) to distribution
system |
No less frequently than every 2 weeks |
Notes:
1Table is for illustrative
purposes. Consult the text of this subdivision and subsections (e)(7)(K),
(e)(8) and (e)(10), and (j)(6) through (j)(10) of this section for detailed
regulatory requirements.
2Small and medium-size CWSs and
NTNCs shall monitor for water quality parameters only during monitoring periods
in which the CWS or NTNC exceeds the lead or copper action level.
3Orthophosphate shall be
measured only when an inhibitor containing phosphate compound is used. Silica
shall be measured only when an inhibitor containing silicate compound is
used.
4Calcium shall be measured only
when calcium carbonate stabilization is used as part of corrosion
control.
5Inhibitor dosage rates and
inhibitor residual concentrations (orthophosphate or silica) shall be measured
only when an inhibitor is used.
6A CWS or NTNC may reduce
frequency of monitoring for water quality parameters at the tap, from every 6
months to annually, if the CWS or NTNC has maintained the range of values for
water quality parameters reflecting optimal corrosion control during 3
consecutive years of monitoring.
7A CWS or NTNC may further
reduce the frequency of monitoring for water quality parameters at the tap,
from annually to once every 3 years, if the CWS or NTNC has maintained the
range of values for water quality parameters reflecting optimal corrosion
control during 3 consecutive years of annual monitoring. The CWS or NTNC may
reduce monitoring from every 6 months to once every 3 calendar years, but not
later than every third calendar year, for water quality parameters at the tap
if the CWS or NTNC has maintained all of the following 90th percentile lead
levels less than or equal to 0.005 mg/l, 90th percentile copper levels less
than or equal to 0.65 mg/l, and the range of water quality parameters
designated by the department under subsection (j)(8)(F) of this section, as
representing optimal corrosion control, during 2 consecutive 6 month monitoring
periods.
(10)
Monitoring requirements for lead and copper in source water. Unless otherwise
indicated, the provisions of this subdivision apply to CWSs and NTNCs.
(A) Sample location, collection methods, and
number of samples.
(i) A CWS or NTNC that
fails to meet the lead or copper action level on the basis of tap water samples
collected in accordance with subdivision (8) of this subsection shall collect
lead and copper source water samples in accordance with the following
requirements in subclauses (I) and (II) of this clause regarding sample
location, number of samples, and collection methods:
(I) CWSs and NTNCs with ground water sources
shall take a minimum of 1 sample at every point of entry to the distribution
system which is representative of each active source of supply after treatment,
unless conditions make another location more representative of each source or
treatment plant. CWSs and NTNCs with surface water sources and CWSs and NTNCs
with a combination of active surface and ground water sources shall take a
minimum of 1 sample at every point of entry to the distribution system after
any application of treatment or in the distribution system at a point which is
representative of each active source after treatment, unless conditions make
another location more representative of each source or treatment
plant.
(II) If a CWS or NTNC draws
water from more than 1 source and the sources are combined before distribution,
the CWS or NTNC shall sample at a point of entry to the distribution system
during periods of normal operating conditions (i.e., when water is
representative of all sources being used).
(ii) Where the results of sampling exceed the
maximum permissible source water levels established under subsection
(j)(9)(B)(iv) of this section, the department may require that 1 additional
sample be collected as soon as possible after the initial sample was taken (but
not to exceed 2 weeks) at the same sampling point. If a department-required
confirmation sample is taken for lead or copper, then the results of the
initial and confirmation sample shall be averaged in determining compliance
with the department-specified maximum permissible levels. Any sample value
below the detection limit shall be considered to be zero. Any value above the
detection limit but below the PQL shall be considered as either the measured
value or 0.5 the PQL.
(B) Monitoring frequency after a CWS or NTNC
exceeds a tap water action level. Any CWS or NTNC which exceeds the lead or
copper action level at the tap shall collect 1 source water sample from each
entry point to the distribution system not later than 6 months after the end of
the tap water monitoring period during which the lead or copper action level
was exceeded. For monitoring periods that are annual or less frequent, the end
of the monitoring period is September 30 of the calendar year in which the
sampling occurs, or if the department has established an alternate monitoring
period, the last day of that period.
(C) Monitoring frequency after installation
of source water treatment. Any CWS or NTNC that installs source water treatment
pursuant to subsection (j)(9)(A)(iii) of this section, shall collect an
additional source water sample from each entry point to the distribution system
during 2 consecutive 6 month monitoring periods by the deadline specified in
subsection (j)(9)(A)(iv) of this section.
(D) Monitoring frequency after the department
specifies maximum permissible source water levels or determines that source
water treatment is not needed.
(i) A CWS or
NTNC shall monitor at the frequency specified in this subparagraph in cases
where the department specifies maximum permissible source water levels under
subsection (j)(9)(B)(iv) of this section or determines that the CWS or NTNC is
not required to install source water treatment under subsection (j)(9)(B)(ii)
of this section.
(I) A CWS or NTNC using only
ground water shall collect samples once during the 3-year compliance period in
effect when the applicable department determination under this clause is made.
Such CWSs and NTNCs shall collect samples once during each subsequent
compliance period. Triennial samples shall be collected every third calendar
year.
(II) A CWS or NTNC using
surface water or a combination of surface water and ground water shall collect
samples once during each calendar year, the first annual monitoring period to
begin on the date on which the applicable department determination is made
under this clause.
(ii)
A CWS or NTNC is not required to conduct source water sampling for lead or
copper if the CWS or NTNC meets the action level for the specific contaminant
in tap water samples during the entire source water sampling period applicable
to the CWS or NTNC under this subparagraph.
(E) Reduced monitoring frequency.
(i) A CWS or NTNC using only ground water may
reduce the monitoring frequency for lead and copper in source water to once
during each 9-year compliance cycle provided that the samples are collected not
later than every ninth calendar year and if the CWS or NTNC meets 1 of the
following criteria:
(I) The CWS or NTNC
demonstrates that finished drinking water entering the distribution system has
been maintained below the maximum permissible lead and copper concentrations
specified by the department in subsection (j)(9)(B)(iv) of this section during
at least 3 consecutive compliance periods under this clause; or
(II) The department has determined that
source water treatment is not needed and the CWS or NTNC demonstrates that,
during at least 3 consecutive compliance periods in which sampling was
conducted under this clause, the concentration of lead in source water was less
than or equal to 0.005 mg/l and the concentration of copper in source water was
less than or equal to 0.65 mg/l.
(ii) A CWS or NTNC using surface water (or a
combination of surface water and ground water) may reduce the monitoring
frequency in this clause to once during each 9-year compliance cycle provided
that the samples are collected not later than every ninth calendar year and if
the CWS or NTNC meets 1 of the following criteria:
(I) The CWS or NTNC demonstrates that
finished drinking water entering the distribution system has been maintained
below the maximum permissible lead and copper concentrations specified by the
department in subsection (j)(9)(B)(iv) of this section for at least 3
consecutive years; or
(II) The
department has determined that source water treatment is not needed and the CWS
or NTNC demonstrates that, during at least 3 consecutive years, the
concentration of lead in source water was less than or equal to 0.005 mg/l and
the concentration of copper in source water was less than or equal to 0.65
mg/l.
(11) Monitoring requirements for disinfection
byproducts, residuals, and precursors.
(A)
Disinfectant residuals, disinfection byproducts, and disinfection byproduct
precursors.
(i) General.
(I) Requirements.
(1) Any CWS or NTNC that adds a chemical
disinfectant to the water in any part of the drinking water treatment process
shall modify such CWS's or NTNC's practices to meet the MCLs and MRDLs in
subparagraph (B)(i) and (ii) of this subdivision, respectively, and the
treatment technique requirements for disinfection byproduct precursors in
subsection (j)(11) of this section. Any such CWS or NTNC that purchases water
from a system that adds a chemical disinfectant to the water in any part of the
drinking water treatment process and is not part of the supplying system's
monitoring plan under clause (iii)(VI) of this subparagraph shall modify the
purchasing CWS's or NTNC's practices to meet the MCLs and MRDLs in subparagraph
(B)(i) and (ii) of this subdivision, respectively, and the treatment technique
requirements for disinfection byproduct precursors in subsection (j)(11) of
this section.
(2) Any TNC that uses
chlorine dioxide as a disinfectant or oxidant shall modify such TNC's practices
to meet the MRDL for chlorine dioxide in subparagraph (B)(ii) of this
subdivision. Any such TNC that purchases water from a system that uses chlorine
dioxide as a disinfectant or oxidant and is not part of the supplying system's
monitoring plan under clause (iii)(VI) of this subparagraph shall modify the
purchasing TNC's practices to meet the MRDL for chlorine dioxide in
subparagraph (B)(ii) of this subdivision.
(II) Applicability. Unless otherwise noted,
all CWSs and NTNCs that add a chemical disinfectant or that purchase water from
a system that adds a chemical disinfectant and TNCs that use chlorine dioxide
as a disinfectant or oxidant or that purchase water from a system that uses
chlorine dioxide as a disinfectant or oxidant and is not part of the supplying
system's monitoring plan under clause (iii)(VI) of this subparagraph shall
comply with the requirements of this subparagraph and the MCLs and MRDLs in
subparagraph (B) of this subdivision.
(III) Notwithstanding the MRDLs in
subparagraph (B)(ii) of this subdivision, such CWSs and such NTNCs may increase
residual disinfectant levels in the distribution system of chlorine or
chloramines, but not chlorine dioxide, to a level and for a time necessary to
protect public health, to address specific microbiological contamination
problems caused by circumstances such as, but not limited to, distribution line
breaks, storm run-off events, source water contamination events, or
cross-connection events.
(IV) Table
11-A1 of this subclause establishes the best technology, treatment techniques,
or other means available for achieving compliance with the MCLs as running
annual averages for the disinfectant byproducts established in Table 11-B1 of
subparagraph (B)(i) of this subdivision:
TABLE 11-A1. BEST AVAILABLE TECHNOLOGY FOR DISINFECTION
BYPRODUCTS
DISINFECION BYPRODUCT |
BEST AVAILABLE TECHNOLOGY |
TTHM |
Enhanced coagulation or enhanced softening or
GAC10, with chlorine as the primary and residual disinfectant |
HAA5 |
Enhanced coagulation or enhanced softening or
GAC10, with chlorine as the primary and residual disinfectant |
Bromate |
Control of ozone treatment process to reduce
production of bromate |
Chlorite |
Control of treatment processes to reduce
disinfectant demand and control of disinfection treatment processes to reduce
disinfectant levels |
(ii) Analytical requirements. Such CWSs, such
NTNCs and such TNCs shall use only the analytical method or methods specified
in
40 CFR
141.131, as amended from time to time, to
demonstrate compliance with the requirements of this subparagraph.
(iii) Monitoring requirements.
(I) General requirements.
(1) Such CWS, such NTNC or such TNC shall
take all samples during normal operating conditions.
(2) Such CWS, such NTNC or such TNC may use
previously collected data to qualify for reduced monitoring if the data meets
the location and frequency requirements of this subdivision.
(3) All samples shall be analyzed by a
department-approved laboratory pursuant to section
19a-29a
of the Connecticut General Statutes. The department may grant an exemption, in
writing, for the daily chlorite samples when the chlorite analysis is conducted
by a certified treatment operator using a method approved by the
department.
(II)
Disinfection byproducts.
(1) TTHM and HAA5.
(A) Routine monitoring for TTHM and HAA5.
Such CWS or such NTNC shall conduct routine monitoring at the locations and
frequencies indicated in the following Table 11-A2 of this subclause:
TABLE 11-A2. ROUTINE MONITORING FREQUENCY FOR TTHM AND
HAA5
Type of such CWS or such
NTNC |
Minimum Monitoring Frequency
1 |
Sample Location in the Distribution
System 2 |
Such CWS or such NTNC using surface water or GWUDI
in whole or in part and serving 10,000 or more persons |
4 samples per quarter per treatment
plant |
At least 25 percent of all samples collected each
quarter at locations representing maximum residence time. Remaining samples
taken at locations representative of at least average residence time in the
distribution system and representing the entire distribution system
|
Such CWS or such NTNC using surface water or GWUDI
in whole or in part and serving fewer than 10,000 persons |
1 sample per quarter per treatment
plant |
Location representing maximum residence
time |
Such CWS or such NTNC using only ground water not
under the direct influence of surface water and serving 10,000 or more persons
|
1 sample per quarter per treatment
plant |
Location representing maximum residence
time |
Such CWS or such NTNC using only ground water not
under the direct influence of surface water and serving fewer than 10,000
persons |
1 sample per year per treatment plant during the
third calendar quarter |
Location representing maximum residence
time 3 |
NOTES:
1Multiple wells drawing water
from a single aquifer may be considered 1 treatment plant for determining the
minimum number of samples required, with written approval from the
department.
2If such CWS or such NTNC elects
to sample more frequently than the minimum required, at least 25 percent of all
samples collected each quarter, including those taken in excess of the required
frequency, shall be taken at locations that represent the maximum residence
time of the water in the distribution system. The remaining samples shall be
taken at locations representative of at least average residence time in the
distribution system.
3 If the sample, or average of
annual samples if more than 1 sample is taken, exceeds the MCL, such CWS or
such NTNC shall increase monitoring to 1 sample per treatment plant per
quarter, taken at a point reflecting the maximum residence time in the
distribution system. Such CWS or such NTNC on increased monitoring may return
to routine monitoring if, after at least 1 year of monitoring, such CWS's or
such NTNC's TTHM annual average is 0.060 mg/l and HAA5 annual average is
<0.045 mg/l and such CWS or such NTNC is granted approval by the department
in writing.
(B) Reduced
monitoring for TTHM and HAA5.
(i) Such CWS or
such NTNC may reduce monitoring in accordance with the following Table 11-A3 of
this subclause with the written approval of the department:
TABLE 11-A3. REDUCED MONITORING FREQUENCY FOR TTHM AND
HAA5
Type of such CWS or such
NTNC |
Criteria for Monitoring
Reduction 1 |
Minimum Monitoring
Frequency |
Sample Location in the Distribution
System |
Such CWS or such NTNC using surface water or GWUDI
in whole or in part and serving at least 10,000 persons |
Source water annual average TOC level, before any
treatment, less than4.0 mg/l; TTHM annual average less than0.040 mg/l; and HAA5
annual average less than0.030 mg/l |
1 sample per quarter per treatment
plant |
Location representing maximum residence
time |
Such CWS or such NTNC using surface water or GWUDI
in whole or in part and serving fewer than 10,000 persons |
Source water annual average TOC level, before any
treatment, less than4.0 mg/l; TTHM annual average less than0.040 mg/l; and HAA5
annual average less than0.030 mg/l |
1 sample per year per treatment plant during the
third calendar quarter |
Location representing maximum residence
time |
Such CWS or such NTNC using only ground water not
under the direct influence of surface water and serving at least 10,000 persons
|
TTHM annual average less than0.040 mg/l; and HAA5
annual average less than0.030 mg/l |
1 sample per year per treatment plant during the
third calendar quarter |
Location representing maximum residence
time |
Such CWS or such NTNC using only ground water not
under the direct influence of surface water and serving fewer than 10,000
persons |
TTHM annual average less than0.040 mg/l; and HAA5
annual average less than0.030 mg/l 2 |
1 sample every 3 years per treatment plant during
the third calendar quarter 3 |
Location representing maximum residence
time |
NOTES:
1 Such CWS or such NTNC shall
have monitored for at least 1 year.
2 Averages for 2 consecutive
years, or TTHM annual average less than0.020 mg/l and HAA5 annual average less
than0.015 mg/l for 1 year.
3 3 year cycle begins January 1
following the quarter in which such CWS or such NTNC qualifies for reduced
monitoring.
(ii) Such CWS or
such NTNC on a reduced monitoring schedule may remain on that reduced schedule
as long as the average of all samples taken in the year (for such CWSs and such
NTNCs which shall monitor quarterly) or the result of the sample (for such CWSs
and such NTNCs which shall monitor no more frequently than annually) is no more
than 0.060 mg/l and 0.045 mg/l for TTHM and HAA5, respectively. Such CWSs and
such NTNCs that do not meet these levels shall resume routine monitoring in the
quarter immediately following the quarter in which such CWS or such NTNC
exceeds either of these levels. For such CWS or such NTNC using only ground
water not under the direct influence of surface water and serving fewer than
10,000 persons, if either the TTHM annual average is >0.080 mg/l or the HAA5
annual average is >0.060 mg/l, such CWS or such NTNC shall begin increased
monitoring, as indicated in subclause (II)(1)(A) of this clause, in the quarter
immediately following the monitoring period in which such CWS or such NTNC
exceeds 0.080 mg/l or 0.060 mg/l for TTHM or HAA5 respectively.
(C) Monitoring
requirements for source water TOC. In order to qualify for reduced monitoring
for TTHM and HAA5 under subclause (II)(1)(B) of this clause, such CWS or such
NTNC that is a Subpart H system and does not monitor under the provisions of
subclause (IV) of this clause shall take monthly TOC samples every 30 days at a
location prior to any treatment. In addition to meeting other criteria for
reduced monitoring in subclause (II)(1)(B) of this clause, the source water TOC
running annual average shall be =4.0 mg/l (based on the most recent 4 quarters
of monitoring) on a continuing basis at each treatment plant to reduce or
remain on reduced monitoring for TTHM and HAA5. Once qualified for reduced
monitoring for TTHM and HAA5 under subclause (II)(1)(B) of this clause, such
CWS or such NTNC that is a Subpart H system and does not monitor under the
provisions of subclause (IV) of this clause may reduce source water TOC
monitoring to quarterly TOC samples taken every 90 days at a location prior to
any treatment.
(D) Such CWSs and
such NTNCs on a reduced monitoring schedule may remain on that reduced schedule
as long as the average of all samples taken in the year (for such CWSs and such
NTNCs that shall monitor quarterly) or the result of the sample (for such CWSs
and such NTNCs that shall monitor no more frequently than annually) is no more
than 0.060 mg/l and 0.045 mg/l for TTHMs and HAA5, respectively. Such CWSs and
such NTNCs that do not meet these levels shall resume monitoring at the
frequency identified in the Minimum Monitoring Frequency
column in Table 11-A2 of this subparagraph in the quarter immediately following
the monitoring period in which such CWS or such NTNC exceeds 0.060 mg/l or
0.045 mg/l for TTHMs and HAA5, respectively. For such CWSs and such NTNCs using
only ground water not under the direct influence of surface water and serving
fewer than 10,000 persons, if either the TTHM annual average is >0.080 mg/l
or the HAA5 annual average is >0.060 mg/l, such CWSs and such NTNCs shall go
to the increased monitoring identified in theSample Locationin the
Distribution System column in Table 11-A2 of this subparagraph in the
quarter immediately following the monitoring period in which such CWSs and such
NTNCs exceed 0.080 mg/l or 0.060 mg/l for TTHM or HAA5, respectively.
(2) Chlorite. Such CWSs,
such NTNCs and such TNCs using chlorine dioxide, for disinfection or oxidation,
shall conduct monitoring for chlorite.
(A)
Routine monitoring for chlorite. Such CWS, such NTNC or such TNC shall take
daily chlorite samples at the entrance to the distribution system and shall
also take a 3-sample set for chlorite each month in the distribution system.
Such CWS, such NTNC or such TNC shall take 1 sample at each of the following
locations: near the first consumer, at a location representative of average
residence time and at a location reflecting maximum residence time in the
distribution system. Any additional routine sampling shall be conducted in the
same manner as 3-sample sets, at the specified locations. Such CWS, such NTNC
or such TNC may use the results of additional monitoring conducted according to
subclause (II)(2)(B) of this clause to meet its monthly requirement.
(B) Additional monitoring for chlorite. On
each day following a routine sample monitoring result that exceeds the chlorite
MCL at the entrance to the distribution system, such CWS, such NTNC or such TNC
shall take 3 chlorite distribution system samples at the following locations:
as close to the first consumer as possible, in a location representative of
average residence time and as close to the end of the distribution system as
possible (reflecting maximum residence time in the distribution
system).
(C) Reduced monitoring for
chlorite.
(i) Routine chlorite monitoring at
the entrance to the distribution system shall not be reduced.
(ii) Chlorite monitoring in the distribution
system may be reduced to 1 3-sample set per quarter after 1 year of monitoring
where no routine individual chlorite sample taken in the distribution system
has exceeded the chlorite MCL and such CWS, such NTNC or such TNC, has not been
required to conduct additional monitoring in accordance with subclause
(II)(2)(B) of this clause. Such CWS, NTNC or TNC may remain on the reduced
monitoring schedule until either:
(I) Any of
the 3 individual chlorite samples taken quarterly in the distribution system
exceeds the chlorite MCL; or
(II)
Such CWS, such NTNC or such TNC is required to conduct additional monitoring
according to subclause (II)(2)(B) of this clause, at which time such CWS, such
NTNC or such TNC shall revert to routine monitoring.
(3) Bromate. Such CWS
or such NTNC using ozone, for disinfection or oxidation, in any part of the
treatment process shall conduct monitoring for bromate.
(A) Routine monitoring for bromate. Such CWS
or such NTNC shall take 1 bromate sample each month at the entrance to the
distribution system for each treatment plant in such CWS or such
NTNC.
(B) Reduced monitoring for
bromate. Such CWS or such NTNC may reduce monitoring from monthly to quarterly,
if such CWS's or such NTNC's running annual average bromate concentration is
=0.0025 mg/l based on monthly bromate measurements under subclause (II)(3)(A)
of this clause for the most recent 4 quarters, with samples analyzed using EPA
Method 317.0 Revision 2.0, "Determination of Inorganic Oxyhalide Disinfection
By-Products in Drinking Water Using Ion Chromatography with the Addition of a
Postcolumn Reagent for Trace Bromate Analysis," EPA, July 2001, EPA 815-
B-01-001, EPA Method 326.0, "Determination of Inorganic Oxyhalide Disinfection
By-Products in Drinking Water Using Ion Chromatography Incorporating the
Addition of a Suppressor Acidified Postcolumn Reagent for Trace Bromate
Analysis," EPA, June 2002, EPA 815-R-03-007, or EPA Method 321.8, "Methods for
the Determination of Organic and Inorganic Compounds in Drinking Water," Volume
1, EPA, August 2000, EPA 815-R-00-014 (available through NTIS, PB2000- 106981).
Such CWS or such NTNC that qualified for reduced bromate monitoring prior to
April 1, 2009, may remain on reduced monitoring as long as the running annual
average of quarterly bromate samples is =0.0025 mg/l based on samples analyzed
using EPA Method 317.0 Revision 2.0, "Determination of Inorganic Oxyhalide
Disinfection By-Products in Drinking Water Using Ion Chromatography with the
Addition of a Postcolumn Reagent for Trace Bromate Analysis," EPA, July 2001,
EPA 815- B-01-001, EPA Method 326.0, "Determination of Inorganic Oxyhalide
Disinfection By-Products in Drinking Water Using Ion Chromatography
Incorporating the Addition of a Suppressor Acidified Postcolumn Reagent for
Trace Bromate Analysis," EPA, June 2002, EPA 815-R-03-007, or EPA Method 321.8,
"Methods for the Determination of Organic and Inorganic Compounds in Drinking
Water," Volume 1, EPA, August 2000, EPA 815-R-00-014 (available through NTIS,
PB2000- 106981). If the running annual average bromate concentration is
>0.0025 mg/l, such CWS or such NTNC shall resume routine monitoring required
by subclause (II)(3)(A) of this clause.
(4) Such CWS, such NTNC or such TNC that is
required to comply with subclause (II) of this clause shall determine such
CWS's, such NTNC's or such TNC's minimum monitoring frequency for disinfection
byproducts as follows:
(A) Such CWS's, such
NTNC's or such TNC's own sources of water, if any, as well as each seller's
source(s) of water, to determine if such CWS, such NTNC or such TNC uses
surface water or GWUDI, in whole or in part, or if such CWS, such NTNC or such
TNC uses only ground water not under the direct influence of surface
water;
(B) Such CWS's, such NTNC's
or such TNC's own population, without considering the population of any system
from which such CWS, such NTNC or such TNC purchases water or to which such
CWS, such NTNC or such TNC sells water; and
(C) A sum for the number of treatment plants
calculated as the number of treatment plants in such CWS's, such NTNC's or such
TNC's own system plus 1 for each applicable system to which such CWS, such NTNC
or such TNC sells water.
(III) Disinfectant residuals.
(1) Chlorine and chloramines. Such CWSs and
such NTNCs that use chlorine or chloramines in any part of the treatment
process shall conduct monitoring for chlorine and chloramines.
(A) Routine monitoring for chlorine and
chloramines. Such CWSs and such NTNCs shall measure the residual disinfectant
level in the distribution system at the same point in the distribution system
and at the same time as total coliforms are sampled, as specified in
subsections (x)(4) through (x)(8), inclusive, of this section. Such CWSs and
such NTNCs that are Subpart H systems may use the results of RDC sampling
conducted under
40 CFR
141.74(c)(3)(i), as amended
from time to time, in lieu of taking separate samples.
(B) Reduced monitoring for chlorine and
chloramines. Monitoring shall not be reduced.
(2) Chlorine dioxide. Such CWSs, such NTNCs,
and such TNCs that use chlorine dioxide for disinfection or oxidation shall
conduct monitoring for chlorine dioxide.
(A)
Routine monitoring for chlorine dioxide. Such CWSs, such NTNCs, and such TNCs
shall take daily chlorine dioxide samples at the entrance to the distribution
system. For any daily sample that exceeds the MRDL, such CWS, such NTNC, or
such TNC shall take chlorine dioxide samples in the distribution system the
following day at the locations required by subclause (III)(2)(B) of this
clause, in addition to the sample required at the entrance to the distribution
system. Such CWSs, such NTNCs and such TNCs that purchase water from a system
that is required to conduct additional monitoring shall also comply with
subclause (III)(2)(B) of this clause.
(B) Additional monitoring for chlorine
dioxide. On each day following a routine sample monitoring result that exceeds
the MRDL, such CWS, such NTNC, or such TNC shall take 3 chlorine dioxide
distribution system samples. If chlorine dioxide or chloramines are used to
maintain a disinfectant residual in the distribution system, or if chlorine is
used to maintain a disinfectant residual in the distribution system and there
are no disinfection addition points after the entrance to the distribution
system (i.e., no booster chlorination), such CWS, such NTNC, or such TNC shall
take 3 samples as close to the first consumer as possible, at intervals of at
least 6 hours. If chlorine is used to maintain a disinfectant residual in the
distribution system and there are 1 or more disinfection addition points after
the entrance to the distribution system (i.e., booster chlorination), such CWS,
such NTNC, or such TNC shall take 1 sample at each of the following locations:
as close to the first consumer as possible, in a location representative of
average residence time, and as close to the end of the distribution system as
possible (reflecting maximum residence time in the distribution
system).
(C) Reduced monitoring for
chlorine dioxide. Monitoring shall not be reduced.
(IV) Disinfection byproduct
precursors. Such CWS or such NTNC that is a Subpart H system and that uses
conventional filtration treatment shall conduct monitoring for disinfection
byproduct precursors.
(1) Routine monitoring.
Such CWS or such NTNC shall monitor each treatment plant for TOC not later than
the point of combined filter effluent turbidity monitoring and representative
of the treated water. Such CWS or such NTNC shall also monitor for TOC in the
source water, prior to any treatment, at the same time as monitoring for TOC in
the treated water. These samples (source water and treated water) are referred
to as paired samples. At the same time as the source water sample is taken, all
such CWSs and such NTNCs shall monitor for alkalinity in the source water prior
to any treatment. Such CWS or such NTNC shall take 1 paired sample and 1 source
water alkalinity sample each month for each plant at a time representative of
normal operating conditions and influent water quality.
(2) Reduced monitoring. Such CWS or such NTNC
that has an average treated water TOC of less than 2.0 mg/l for 2 consecutive
years, or less than 1.0 mg/l for 1 year, may reduce monitoring for both TOC and
alkalinity to 1 paired sample and 1 source water alkalinity sample for each
plant for each quarter. Such CWS or such NTNC shall revert to routine
monitoring in the month following the quarter when the annual average treated
water TOC is 2.0 mg/l or greater.
(V) Bromide. Such CWS or such NTNC that is
required to analyze for bromate may reduce bromate monitoring from monthly to
once per quarter if such CWS or such NTNC demonstrates that the average source
water bromide concentration is less than0.05 mg/l based upon representative
monthly measurements for 1 year. Such CWS or such NTNC that is required to
analyze for bromate shall continue bromide monitoring to remain on reduced
bromate monitoring.
(VI) Monitoring
plans. Each such CWS, such NTNC or such TNC that is required to monitor under
this subparagraph shall develop and implement a monitoring plan. Such CWS, such
NTNC or such TNC shall maintain such CWS's, such NTNC's or such TNC's
monitoring plan and make it available for inspection by the department and the
public. Such CWSs, such NTNCs and such TNCs that are Subpart H systems and that
serve more than 1,000 persons shall submit a copy of such CWS's, such NTNC's or
such TNC's monitoring plan to the department not later than the date of the
first report required under subsection (h)(7) of this section. The department
may also require any other system to submit a monitoring plan. Such CWS, such
NTNC or such TNC may only implement a monitoring plan that the department has
reviewed and approved. If the department determines that the monitoring plan
contains the required elements in this subclause, the department may approve
such monitoring plan. The department may request that such CWS, such NTNC or
such TNC provide to the department additional information necessary to aid the
department in its review of the monitoring plan, and may require changes to the
monitoring plan. After the department's review and approval, the department may
require changes in any plan elements. Failure by such CWS, such NTNC or such
TNC to monitor in accordance with its monitoring plan is a monitoring
violation. The plan shall include at least the following elements:
(1) Specific locations and schedules for
collecting samples for any parameters included in this subparagraph. Sample
locations that represent a point of average or maximum residence time for
multiple treatment plants may be used to satisfy the requirements of subclause
(II) of this clause for each applicable treatment plant, with the department's
written approval; and
(2) How such
CWS, such NTNC or such TNC will calculate compliance with the MCLs, MRDLs, and
treatment techniques.
(iv) Compliance requirements.
(I) General requirements.
(1) Where compliance is based on a running
annual average of monthly or quarterly samples or averages and such CWS or such
NTNC fails to monitor for TTHM, HAA5, or bromate, this failure to monitor shall
be treated as a monitoring violation for the entire period covered by the
annual average. Where compliance is based on a running annual average of
monthly or quarterly samples or averages and such CWS's or such NTNC's failure
to monitor makes it impossible to determine compliance with the MRDL for
chlorine and chloramines, this failure to monitor shall be treated as a
monitoring violation for the entire period covered by the annual
average.
(2) All samples taken and
analyzed under the provisions of this subparagraph shall be included in
determining compliance, even if that number is greater than the minimum
required.
(3) If, during the first
year of monitoring under clause (iii) of this subparagraph, any individual
quarter's average will cause the running annual average of that such CWS or
such NTNC to exceed the MCL for TTHM, HAA5 or bromate, or the MRDL for chlorine
or chloramine, such CWS or such NTNC is out of compliance at the end of that
quarter.
(II)
Disinfection byproducts.
(1) THM and HAA5.
(A) For such CWS or such NTNC monitoring
quarterly, compliance with the MCLs in subparagraph (B)(i) of this subdivision
shall be based on a running annual average, computed quarterly, of quarterly
averages of all samples collected by such CWS or such NTNC as prescribed by
clause (iii)(II)(1) of this subparagraph. If such CWS or such NTNC fails to
complete 4 consecutive quarters of monitoring, compliance with the MCL for the
last 4-quarter compliance period shall be based on an average of the available
data.
(B) For such CWS or such NTNC
monitoring less frequently than quarterly, such CWS or such NTNC shall
demonstrate MCL compliance if the average of samples taken under the provisions
of clause (iii)(II)(1) of this subparagraph do not exceed the MCLs in
subparagraph (B)(i) of this subdivision. If the average of these samples
exceeds the MCL, such CWS or such NTNC shall increase monitoring to once each
quarter for each treatment plant and such CWS or such NTNC is not in violation
of the MCL until such CWS or such NTNC has completed 1 year of quarterly
monitoring, unless the result of fewer than 4 quarters of monitoring will cause
the running annual average to exceed the MCL, in which case such CWS or such
NTNC is in violation at the end of that quarter. Such CWS or such NTNC that is
required to increase monitoring frequency to quarterly monitoring shall
calculate compliance by including the sample which triggered the increased
monitoring plus the following 3 quarters of monitoring.
(C) If the running annual arithmetic average
of quarterly averages covering any consecutive 4-quarter period exceeds the
MCL, such CWS or such NTNC is in violation of the MCL.
(2) Bromate. Compliance shall be based on a
running annual average, computed quarterly, of monthly samples (or, for months
in which such CWS or such NTNC takes more than 1 sample, the average of all
samples taken during the month) collected by such CWS or such NTNC as
prescribed by clause (iii)(II)(3) of this subparagraph. If the average of
samples covering any consecutive 4-quarter period exceeds the MCL, such CWS or
such NTNC is in violation of the MCL and shall notify the public pursuant to
the procedures for public notification in subsection (i) of this section, in
addition to reporting to the department pursuant to subsection (h)(7) of this
section. If such CWS or such NTNC fails to complete 12 consecutive months of
monitoring, compliance with the MCL for the last 4-quarter compliance period
shall be based on an average of the available data.
(3) Chlorite. Compliance shall be based on an
arithmetic average of each 3-sample set taken in the distribution system as
prescribed by clauses (iii)(II)(2)(A) and (B) of this subparagraph. If the
average of any 3 sample set exceeds the MCL, such CWS or such NTNC is in
violation of the MCL and shall notify the public pursuant to the procedures for
public notification in subsection (i) of this section and the department
pursuant to subsection (h)(7) of this section.
(III) Disinfectant residuals.
(1) Chlorine and chloramines.
(A) Compliance shall be based on a running
annual average, computed quarterly, of monthly averages of all samples
collected by such CWS or such NTNC under clause (iii)(III)(1) of this
subparagraph. If the average of quarterly averages covering any consecutive
4-quarter period exceeds the MRDL, such CWS or such NTNC is in violation of the
MRDL and shall notify the public pursuant to the procedures for public
notification in subsection (i) of this section and the department pursuant to
subsection (h)(7) of this section.
(B) In cases where such CWSs and such NTNCs
switch between the use of chlorine and chloramines for residual disinfection
during the year, compliance shall be determined by including together all
monitoring results of both chlorine and chloramines in calculating compliance.
Reports submitted pursuant to subsection (h)(7) of this section shall clearly
indicate which residual disinfectant was analyzed for each sample.
(2) Chlorine dioxide.
(A) Violations requiring tier 1 notice.
Compliance shall be based on consecutive daily samples collected by such CWS,
such NTNC or such TNC under clause (iii) of this subparagraph. If any daily
sample taken at the entrance to the distribution system exceeds the MRDL and,
on the following day, 1 (or more) of the 3 samples taken in the distribution
system exceed the MRDL, such CWS, such NTNC or such TNC is in violation of the
MRDL and shall take immediate corrective action to lower the level of chlorine
dioxide below the MRDL and shall notify the public pursuant to the procedures
for a tier 1 notice in subsection (i)(1) of this section and the department
pursuant to subsection (h)(7) of this section. Failure to take samples in the
distribution system the day following an exceedance of the chlorine dioxide
MRDL at the entrance to the distribution system will also be considered an MRDL
violation and such CWS, such NTNC or such TNC shall notify the public of the
violation in accordance with the procedures for a tier 1 notice in subsection
(i)(1) of this section and the department pursuant to subsection (h)(7) of this
section.
(B) Violations requiring
tier 2 notice. Compliance shall be based on consecutive daily samples collected
by such CWS, such NTNC or such TNC under clause (iii)(III)(2) of this
subparagraph. If any 2 consecutive daily samples taken at the entrance to the
distribution system exceed the MRDL and all distribution system samples taken
are below the MRDL, such CWS, such NTNC or such TNC is in violation of the MRDL
and shall take corrective action to lower the level of chlorine dioxide below
the MRDL at the point of sampling and shall notify the public pursuant to the
procedures for a tier 2 notice in subsection (i)(2) of this section and the
department pursuant to subsection (h)(7) of this section. Failure to monitor at
the entrance to the distribution system the day following an exceedance of the
chlorine dioxide MRDL at the entrance to the distribution system is also an
MRDL violation and such CWS, such NTNC or such TNC shall notify the public of
the violation in accordance with the procedures for tier 2 notice in subsection
(i)(2) of this section and the department pursuant to subsection (h)(7) of this
section.
(IV)
Disinfection byproduct precursors. Compliance shall be determined as specified
by subsection (j)(11)(C) and (D) of this section. Such CWS or such NTNC may
begin monitoring to determine whether Step 1 TOC removals can be met 12 months
prior to the compliance date for such CWS or such NTNC. This monitoring is not
required and failure to monitor during this period is not a violation. However,
any such CWS or such NTNC that does not monitor during this period, and then
determines in the first 12 months after the compliance date that it is not able
to meet the Step 1 requirements in subsection (j)(11)(B)(i) of this section and
shall therefore apply for alternate minimum TOC removal (Step 2) requirements,
is not eligible for retroactive approval of alternate minimum TOC removal (Step
2) requirements as allowed pursuant to subsection (j)(11)(B)(ii) of this
section and is in violation. Such CWSs and such NTNCs may apply for alternate
minimum TOC removal (Step 2) requirements any time after the compliance date.
For such CWSs and such NTNCs required to meet Step 1 TOC removals, if the value
calculated under subsection (j)(11)(C)(iv) of this section is less than 1.00,
such CWS or such NTNC is in violation of the treatment technique requirements
and shall notify the public pursuant to the procedures for public notification
in subsection (i) of this section and the department pursuant to subsection
(h)(7) of this section.
(B) MCLs, MCLGs, MRDLs, and MRDLGs for
disinfectants.
(i) MCLs and MCLGs. All such
CWSs and such NTNCs shall comply with the MCLs for disinfectant byproducts in
Table 11-B1 of this clause.
TABLE 11-B1. DISINFECTION BYPRODUCTS AND THEIR
LIMITS
DISINFECTION
BYPRODUCTS |
MCL
(MG/L)1 |
MCLG (MG/L) |
Bromate |
0.010 |
ZERO |
Chlorite |
1.0 |
0.8 |
Haloacetic acids (five) |
0.060 |
N/A |
-dichloroacetic acid |
* |
ZERO |
-monochloroacetic acid |
* |
0.07 |
-trichloroacetic acid |
* |
0.02 |
Total Trihalomethanes |
0.080 |
N/A |
-Bromodichloromethane |
* |
ZERO |
-Bromoform |
* |
ZERO |
-Chloroform |
* |
0.07 |
-Dibromochloromethane |
* |
0.06 |
N/A Not applicable.
*No individual MCL for TTHM and HAA5 constituents.
1 Such CWS or such NTNC that
serves = 10,000 people shall comply with these MCLs as a LRAA, unless the
department has previously approved under
40 CFR
141.620(c) up to an
additional 24 months for compliance with MCLs and operational evaluation levels
because such CWS or such NTNC requires capital improvements to comply with a
MCL, in which case such CWS or such NTNC shall comply with these MCLs as a
running annual average until the department-approved date. Such CWS or such
NTNC that serves less than 10,000 and for which Cryptosporidium monitoring is
not required under
40 CFR
141.701(a)(4), as amended
from time to time, shall comply with these MCLs as a LRAA, unless the
department has previously approved under
40 CFR
141.620(c) up to an
additional 24 months for compliance with MCLs and operational evaluation levels
because such CWS or such NTNC requires capital improvements to comply with a
MCL, in which case such CWS or such NTNC shall comply with these MCLs as a
running annual average until the department-approved date. Such CWS or such
NTNC that serves less than 10,000 and for which Cryptosporidium monitoring is
required under
40 CFR
141.701(a)(4), as amended
from time to time, shall comply with these MCLs as a running annual average
until the date specified in subparagraph (C)(i)(III) of this subdivision. After
the date specified in subparagraph (C)(i)(III) of this subdivision, such CWS or
such NTNC that serves less than 10,000 and for which Cryptosporidium monitoring
is required under
40 CFR
141.701(a)(4), as amended
from time to time, shall comply with these MCLs as a LRAA.
(ii) MRDLs and MRDLGs. Such CWSs and such
NTNCs shall comply with the MRDLs for disinfectant residuals in Table 11-B2 of
this clause. In addition, such TNCs shall comply with the MRDL for chlorine
dioxide.
TABLE 11-B2. DISINFECTANTS AND THEIR LIMITS
DISINFECTANT RESIDUAL |
MRDL (MG/L) |
MRDLG (MG/L) |
Chlorine |
4.0 (as Cl2)
|
4 (as Cl2) |
Chloramine |
4.0 (as Cl2)
|
4 (as Cl2) |
Chlorine
Dioxide1 |
0.8 (as ClO2)
|
0.8(as ClO2) |
1 The MRDL and MRDLG for
chlorine dioxide apply to such CWSs, such NTNCs and such TNCs that use chlorine
dioxide as a disinfectant or oxidant somewhere in the treatment process.
(C) Monitoring
requirements for the Stage 2 disinfection byproducts requirement.
(i) General requirements.
(I) This subparagraph establishes monitoring
and other requirements for achieving compliance with MCLs based on LRAA for
TTHM and HAA5, and for achieving compliance with the MRDLs for chlorine and
chloramine for certain consecutive systems.
(II) Applicability. A system is subject to
the requirements of this subparagraph if the system is a CWS or a NTNC that
uses a primary or residual disinfectant other than ultraviolet light or
delivers water that has been treated with a primary or residual disinfectant
other than ultraviolet light.
(III)
Schedule.
(1) Such CWS or such NTNC that
serves = 10,000 people shall comply with the requirements in this subparagraph,
unless the department has previously approved under
40 CFR
141.620(c) up to an
additional 24 months for compliance with MCLs and operational evaluation levels
because such CWS or such NTNC requires capital improvements to comply with a
MCL, in which case such CWS or such NTNC shall comply with the requirements in
this subparagraph not later than the department-approved date.
(2) Such CWS or such NTNC that serves less
than 10,000 people and for which Cryptosporidium monitoring is not required
under
40 CFR
141.701(a)(4), as amended
from time to time, shall comply with the requirements in this subparagraph,
unless the department has previously approved under
40 CFR
141.620(c) up to an
additional 24 months for compliance with MCLs and operational evaluation levels
because such CWS or such NTNC requires capital improvements to comply with a
MCL, in which case such CWS or such NTNC shall comply with the requirements in
this subparagraph not later than the department-approved date.
(3) Such CWS or such NTNC that serves less
than 10,000 people and for which Cryptosporidium monitoring is required under
40 CFR
141.701(a)(4), as amended
from time to time, shall comply with the requirements in this subparagraph not
later than October 1, 2014. Such CWS or such NTNC that serves less than 10,000
people and for which Cryptosporidium monitoring is required under
40 CFR
141.701(a)(4), as amended
from time to time, may submit an application to the department requesting
approval of up to an additional 24 months for compliance with MCLs and
operational evaluation levels if such CWS or such NTNC requires capital
improvements to comply with a MCL. Such application shall be submitted in
accordance with subsection (t) of this section and shall specify the capital
improvements required to comply with a MCL.
(4) For consecutive systems and wholesale
systems that are part of a combined distribution system, such consecutive
system or such wholesale system shall comply with the requirements of this
subparagraph at the same time as such CWS or such NTNC with the earliest
compliance date in the combined distribution system. For purposes of this
subclause, the term "combined distribution system" does not include consecutive
systems that receive water from a wholesale system only on an emergency basis
or receive only a small percentage of water from a wholesale system. The term
"combined distribution system" also does not include wholesale systems that
deliver water to a consecutive system only on an emergency basis or deliver
only a small percentage of water to a consecutive system that has its own
water.
(5) Such CWS or such NTNC
shall use the monitoring frequency specified in clause (ii)(I)(2) of this
subparagraph.
(A) If such CWS or such NTNC
that serves less than 10,000 people and for which Cryptosporidium monitoring is
not required under
40 CFR
141.701(a)(4), as amended
from time to time, is required to conduct quarterly monitoring and the
department has previously approved under
40 CFR
141.620(c) up to an
additional 24 months for compliance with MCLs and operational evaluation levels
because such CWS or such NTNC requires capital improvements to comply with a
MCL, then such CWS or such NTNC shall begin monitoring in the first full
calendar quarter that includes the department-approved compliance
date.
(B) If such CWS or such NTNC
that serves = 10,000 people is required to conduct quarterly monitoring and the
department has previously approved under
40 CFR
141.620(c) up to an
additional 24 months for compliance with MCLs and operational evaluation levels
because such CWS or such NTNC requires capital improvements to comply with a
MCL, then such CWS or such NTNC shall begin monitoring in the first full
calendar quarter that includes the department-approved compliance
date.
(C) If such CWS or such NTNC
that serves = 50,000 people is required to conduct monitoring at a frequency
that is less than quarterly and the department has previously approved under
40 CFR
141.620(c) up to an
additional 24 months for compliance with MCLs and operational evaluation levels
because such CWS or such NTNC requires capital improvements to comply with a
MCL, such CWS or such NTNC shall begin monitoring not later than 12 months
after the department-approved compliance date.
(D) If such CWS or such NTNC that serves
10,000 to 49,999 people is required to conduct monitoring at a frequency that
is less than quarterly, such CWS or such NTNC shall begin monitoring in the
calendar month in such CWS's or such NTNC's IDSE report approved by the
department under
40 CFR
141.601 or
40 CFR
141.602 or the calendar month identified in
such CWS's or such NTNC's monitoring plan approved by the department under
40 CFR
141.622 not later than October 1, 2014,
unless the department has previously approved under
40 CFR
141.620(c) up to an
additional 24 months for compliance with MCLs and operational evaluation levels
because such CWS or such NTNC requires capital improvements to comply with a
MCL, in which case such CWS or such NTNC shall begin monitoring not later than
12 months after the department-approved compliance date.
(E) If such CWS or such NTNC that serves less
than 10,000 people and for which Cryptosporidium monitoring is not required
under
40 CFR
141.701(a)(4), as amended
from time to time, is required to conduct monitoring at a frequency that is
less than quarterly, such CWS or such NTNC shall begin monitoring in the
calendar month in such CWS's or such NTNC's IDSE report approved by the
department under
40 CFR
141.601 or
40 CFR
141.602 or the calendar month identified in
the monitoring plan approved by the department under
40 CFR
141.622 not later than October 1, 2014,
unless the department has previously approved under
40 CFR
141.620(c) up to an
additional 24 months for compliance with MCLs and operational evaluation levels
because such CWS or such NTNC requires capital improvements to comply with a
MCL, in which case such CWS or such NTNC shall begin monitoring not later than
12 months after the department-approved compliance date.
(F) If such CWS or such NTNC that serves less
than 10,000 people and for which Cryptosporidium monitoring is required under
40 CFR
141.701(a)(4), as amended
from time to time, is required to conduct quarterly monitoring, such CWS or
such NTNC shall begin monitoring in the first full calendar quarter that
includes the compliance date of October 1, 2014, unless the department approves
under subclause (III)(3) of this clause up to an additional 24 months for
compliance with MCLs and operational evaluation levels because such CWS or such
NTNC requires capital improvements to comply with a MCL, in which case such CWS
or such NTNC shall begin monitoring in the first full calendar quarter that
includes the department-approved compliance date.
(G) If such CWS or such NTNC that serves less
than 10,000 people and for which Cryptosporidium monitoring is required under
40 CFR
141.701(a)(4), as amended
from time to time, is required to conduct monitoring at a frequency that is
less than quarterly, such CWS or such NTNC shall begin monitoring in the
calendar month in such CWS's or such NTNC's IDSE report approved by the
department under
40 CFR
141.601 or
40 CFR
141.602 or the calendar month identified in
the monitoring plan approved by the department under
40 CFR
141.622 not later than October 1, 2015,
unless the department approves under subclause (III)(3) of this clause up to an
additional 24 months for compliance with MCLs and operational evaluation levels
because such CWS or such NTNC requires capital improvements to comply with a
MCL, in which case such CWS or such NTNC shall begin monitoring not later than
12 months after the department-approved compliance date.
(6)
(A) If
such CWS or such NTNC that serves less than 10,000 people and for which
Cryptosporidium monitoring is not required under
40 CFR
141.701(a)(4), as amended
from time to time, is required to conduct quarterly monitoring, such CWS or
such NTNC shall make compliance calculations at the end of each quarter (or
earlier if the LRAA calculated based on fewer than 4 quarters of data would
cause the MCL to be exceeded regardless of the monitoring results of subsequent
quarters), unless the department has previously approved under
40 CFR
141.620(c) up to an
additional 24 months for compliance with MCLs and operational evaluation levels
because such CWS or such NTNC requires capital improvements to comply with a
MCL, in which case such CWS or such NTNC shall make compliance calculations at
the end of the fourth calendar quarter that follows the department-approved
compliance date, and at the end of each subsequent quarter (or earlier if the
LRAA calculated based on fewer than 4 quarters of data would cause the MCL to
be exceeded regardless of the monitoring results of subsequent
quarters).
(B) If such CWS or such
NTNC that serves = 10,000 people is required to conduct quarterly monitoring,
such CWS or such NTNC shall make compliance calculations at the end of each
quarter (or earlier if the LRAA calculated based on fewer than 4 quarters of
data would cause the MCL to be exceeded regardless of the monitoring results of
subsequent quarters), unless the department has previously approved under
40 CFR
141.620(c) up to an
additional 24 months for compliance with MCLs and operational evaluation levels
because such CWS or such NTNC requires capital improvements to comply with a
MCL, in which case such CWS or such NTNC shall make compliance calculations at
the end of the fourth calendar quarter that follows the department-approved
compliance date, and at the end of each subsequent quarter (or earlier if the
LRAA calculated based on fewer than 4 quarters of data would cause the MCL to
be exceeded regardless of the monitoring results of subsequent
quarters).
(C) If such CWS or such
NTNC that serves less than 10,000 people and for which Cryptosporidium
monitoring is required under
40 CFR
141.701(a)(4), as amended
from time to time, is required to conduct quarterly monitoring, such CWS or
such NTNC shall make compliance calculations at the end of the fourth calendar
quarter that follows October 1, 2014, unless the department approves under
subclause (III)(3) of this clause up to an additional 24 months for compliance
with MCLs and operational evaluation levels because such CWS or such NTNC
requires capital improvements to comply with a MCL, in which case such CWS or
such NTNC shall make compliance calculations at the end of the fourth calendar
quarter that follows the department-approved compliance date, and at the end of
each subsequent quarter (or earlier if the LRAA calculated based on fewer than
4 quarters of data would cause the MCL to be exceeded regardless of the
monitoring results of subsequent quarters).
(D) If such CWS or such NTNC that serves =
10,000 people is required to conduct monitoring at a frequency that is less
than quarterly, such CWS or such NTNC shall make compliance calculations
pursuant to
40 CFR
141.620(c)(7), as amended
from time to time, unless the department has previously approved under
40 CFR
141.620(c) up to an
additional 24 months for compliance with MCLs and operational evaluation levels
because such CWS or such NTNC requires capital improvements to comply with a
MCL, in which case such CWS or such NTNC shall make compliance calculations
beginning with the first compliance sample taken after the department-approved
compliance date.
(E) If such CWS or
such NTNC that serves less than 10,000 people and for which Cryptosporidium
monitoring is not required under
40 CFR
141.701(a)(4), as amended
from time to time, is required to conduct monitoring at a frequency that is
less than quarterly, such CWS or such NTNC shall make compliance calculations
pursuant to
40 CFR
141.620(c)(7), as amended
from time to time, unless the department has previously approved under
40 CFR
141.620(c) up to an
additional 24 months for compliance with MCLs and operational evaluation levels
because such CWS or such NTNC requires capital improvements to comply with a
MCL, in which case such CWS or such NTNC shall make compliance calculations
beginning with the first compliance sample taken after the department-approved
compliance date.
(F) If such CWS or
such NTNC that serves less than 10,000 people and for which Cryptosporidium
monitoring is required under
40 CFR
141.701(a)(4), as amended
from time to time, is required to conduct monitoring at a frequency that is
less than quarterly, such CWS or such NTNC shall make compliance calculations
beginning with the first compliance sample taken after October 1, 2014, unless
the department approves under subclause (III)(3) of this clause up to an
additional 24 months for compliance with MCLs and operational evaluation levels
because such CWS or such NTNC requires capital improvements to comply with a
MCL, in which case such CWS or such NTNC shall make compliance calculations
beginning with the first compliance sample taken after the department-approved
compliance date.
(IV) Monitoring and compliance.
(1) Such CWSs and such NTNCs that are
required to monitor quarterly. To comply with the MCLs for TTHM and HAA5 in
Table 11-B1 of subparagraph (B)(i) of this subdivision, such CWSs and such
NTNCs shall calculate LRAAs for TTHM and HAA5 using monitoring results
collected under this subparagraph and determine that each LRAA does not exceed
the MCL. If such CWS or such NTNC fails to complete 4 consecutive quarters of
monitoring, such CWS or such NTNC shall calculate compliance with the MCL based
on the average of the available data from the most recent 4 quarters. If such
CWS or such NTNC takes more than 1 sample per quarter at a monitoring location,
such CWS or such NTNC shall average all samples taken in the quarter at that
location to determine a quarterly average to be used in the LRAA
calculation.
(2) Such CWSs and such
NTNCs that are required to monitor yearly or less frequently. To determine
compliance with the MCLs for TTHM and HAA5 in Table 11-B1 of subparagraph
(B)(i) of this subdivision, such CWS or such NTNC shall determine that each
sample taken is less than the MCL. If any sample exceeds the MCL, such CWS or
such NTNC shall comply with the requirements of clause (vi) of this
subparagraph. If no sample exceeds the MCL, the sample result for each
monitoring location is considered the LRAA for that monitoring
location.
(V) Violation.
Such CWS or such NTNC is in violation of the monitoring requirements for each
quarter that a monitoring result would be used in calculating an LRAA, if it
fails to monitor for that quarter.
(VI) Best available technologies.
(1) Table 11-C2 of this subclause establishes
the best technology, treatment techniques, or other means available for
achieving compliance with the MCLs for TTHM and HAA5 as an LRAA identified in
Table 11-B1 of subparagraph (B)(i) of this subdivision for all such CWSs and
such NTNCs that disinfect their source water:
TABLE 11-C2. BEST AVAILABLE TECHNOLOGY FOR DISINFECTION
BYPRODUCTS
DISINFECTION BYPRODUCT |
BEST AVAILABLE TECHNOLOGY |
TTHM and HAA5 |
Enhanced coagulation or enhanced softening, plus
GAC10; or nanofiltration with a molecular weight cutoff = 1000 Daltons; or
GAC20 |
(2) Table 11-C3 of this subclause establishes
the best technology, treatment techniques, or other means available for
achieving compliance with the MCLs for TTHM and HAA5 as an LRAA identified in
Table 11-B1 of subparagraph (B)(i) of this subdivision for consecutive systems
that buy or otherwise receive disinfected water:
TABLE 11-C3. CONSECUTIVE SYSTEM BEST AVAILABLE
TECHNOLOGY
DISINFECTION BYPRODUCT |
BEST AVAILABLE TECHNOLOGY |
TTHM and HAA5 |
Such CWSs and such NTNCs serving [GREATER
THAN]10,000: Improved distribution system and storage tank management to reduce
residence time, plus the use of chloramines for disinfectant residual
maintenance. |
TTHM and HAA5 |
Such CWSs and such NTNCs serving less than 10,000:
Improved distribution system and storage tank management to reduce residence
time. |
(ii) Routine monitoring.
(I) Monitoring.
(1) Such CWS or such NTNC that serves =
10,000 people with an IDSE report previously approved by the department under
40 CFR
141.605 shall monitor at the locations and
during the months identified in the department-approved IDSE report, unless the
department has previously approved under
40 CFR
141.620(c) up to an
additional 24 months for compliance with MCLs and operational evaluation levels
because such CWS or such NTNC requires capital improvements to comply with a
MCL, in which case such CWS or such NTNC shall not begin monitoring at the
locations and during the months identified in the department-approved IDSE
report until that date. Such CWS or such NTNC that serves less than 10,000
people and for which Cryptosporidium monitoring is not required under
40 CFR
141.701(a)(4), as amended
from time to time, with an IDSE report previously approved by the department
under
40 CFR
141.605 shall monitor at the locations and
during the months identified in the department-approved IDSE report, unless the
department has previously approved under
40 CFR
141.620(c) up to an
additional 24 months for compliance with MCLs and operational evaluation levels
because such CWS or such NTNC requires capital improvements to comply with a
MCL, in which case such CWS or such NTNC shall not begin monitoring at the
locations and during the months identified in the department-approved IDSE
report until that date. Such CWS or such NTNC that serves less than 10,000
people and for which Cryptosporidium monitoring is required under
40 CFR
141.701(a)(4), as amended
from time to time, with an IDSE report previously approved by the department
under
40 CFR
141.605 shall begin monitoring at the
locations and during the months identified in the department-approved IDSE
report following the schedule in clause (i)(III) of this subparagraph, unless
the department approves under clause (i)(III)(3) of this subparagraph up to an
additional 24 months for compliance with MCLs and operational evaluation levels
because such CWS or such NTNC requires capital improvements to comply with a
MCL, in which case such CWS or such NTNC shall not begin monitoring at the
locations and during the months identified in the department-approved IDSE
report until that date. If such CWS or such NTNC has previously received
department approval of such CWS's or such NTNC's 40/30 certification under
40 CFR
141.603, serves fewer than 500 people, has
taken TTHM and HAA5 samples under subparagraph (A) of this subdivision and was
previously granted by the department a very small system waiver under
40 CFR
141.604 or is a NTNC serving less than10,000
people, such CWS or such NTNC shall monitor at the location or locations and on
the dates identified in such CWS's or such NTNC's department-approved
monitoring plan in subparagraph (A)(iii)(VI) of this subdivision, updated as
required by clause (iii) of this subparagraph.
(2) Such CWS or such NTNC shall monitor at no
fewer than the number of locations identified in Table 11-C4 of this subclause.
TABLE 11-C4. COMPLIANCE MONITORING LOCATIONS AND
FREQUENCIES
SOURCE WATER TYPE |
POPULATION SIZE
CATEGORY |
MONITORING
FREQUENCY1 |
DISTRIBUTON SYSTEM MONITORING LOCATION TOTAL
PER MONITORING
PERIOD2 |
Surface Water and GWUDI |
less than500 people |
Per Year |
2 |
500 - 3,300 people |
Per Quarter |
2 |
3,301 - 9,999 people |
Per Quarter |
2 |
10,000 - 49,999 people |
Per Quarter |
4 |
50,000 - 249,999 people |
Per Quarter |
8 |
250,000 - 999,999 people |
Per Quarter |
12 |
1,000,000 - 4,999,999 people |
Per Quarter |
16 |
[GREATER THAN]= 5,000,000 people |
Per Quarter |
20 |
Ground Water |
less than500 people |
Per Year |
2 |
500 - 9,999 people |
Per Year |
2 |
10,000 - 99,999 people |
Per Quarter |
4 |
100,000 - 499,999 people |
Per Quarter |
6 |
[GREATER THAN]= 500,000 people |
Per Quarter |
8 |
1Such CWSs and such NTNCs shall
monitor during the month of highest disinfection byproducts
concentrations.
2 Such CWSs and such NTNCs on
quarterly monitoring shall take dual sample sets every 90 days at each
monitoring location, except for such CWSs and such NTNCs serving 500-3,300
people that are Subpart H systems. Such CWSs and such NTNCs serving 500-9,999
people with only ground water sources on annual monitoring shall take dual
sample sets at each monitoring location. All other such CWSs and such NTNCs on
annual monitoring and such CWSs and such NTNCs serving 500-3,300 people that
are Subpart H systems are required to take individual TTHM and HAA5 samples
(instead of a dual sample set) at the locations with the highest TTHM and HAA5
concentrations, respectively. For such CWSs and such NTNCs serving fewer than
500 people, only 1 location with a dual sample set per monitoring period is
needed if the highest TTHM and HAA5 concentrations occur at the same location,
and during the same month.
(3) If such CWS or such NTNC is an
undisinfected system that begins using a disinfectant other than ultraviolet
light, such CWS or such NTNC shall consult with the department to identify
compliance monitoring locations for this subparagraph. Such CWS or such NTNC
that is an undisinfected system that begins using a disinfectant other than
ultraviolet light shall then develop a monitoring plan under clause (iii) of
this subparagraph that includes those monitoring locations and submit such
monitoring plan to the department for approval in accordance with subsection
(t) of this section.
(II) Analytical methods. Such CWS or such
NTNC shall use an approved method listed in
40 CFR
141.131, as amended from time to time, for
TTHM and HAA5 analyses in this subparagraph. Analyses shall be conducted by an
environmental laboratory approved by the department under section
19a-29a
of the Connecticut General Statutes.
(iii) Monitoring plan of this subparagraph.
(I)
(1) Such
CWS or such NTNC shall develop and implement a monitoring plan to be kept on
file for department and public review. The monitoring plan shall not be
implemented until such CWS or such NTNC has received department approval of the
monitoring plan. The monitoring plan shall be completed not later than the date
such CWS or such NTNC conducts its initial monitoring under this subparagraph
and shall be submitted to the department in accordance with subsection (t) of
this section. The monitoring plan shall contain the following elements:
(A) Monitoring locations;
(B) Monitoring dates;
(C) Compliance calculation procedures;
and
(D) Monitoring plans for any
other CWSs and NTNCs in the combined distribution system if the department has
permitted reduced monitoring.
(2)If such CWS or such NTNC was not required
to submit an IDSE report under
40 CFR
141.601 or
40 CFR
141.602 and does not have sufficient
monitoring locations under subparagraph (A) of this subdivision to identify the
required number of compliance monitoring locations under this subparagraph,
such CWS or such NTNC shall identify in the monitoring plan additional
locations by alternating selection of locations representing high TTHM levels
and high HAA5 levels until the required number of compliance monitoring
locations have been identified. Such CWS or such NTNC shall also provide in the
monitoring plan the rationale for identifying the locations as having high
levels of TTHM or HAA5. If such CWS or such NTNC has more monitoring locations
under subparagraph (A) of this subdivision than required for compliance
monitoring under this subparagraph, such CWS or such NTNC shall identify in the
monitoring plan which locations such CWS or such NTNC will use for compliance
monitoring under this subparagraph by alternating selection of locations
representing high TTHM levels and high HAA5 levels until the required number of
compliance monitoring locations have been identified under this
subparagraph.
(II) If
such CWS or such NTNC is a Subpart H system serving > 3,300 people, such CWS
or such NTNC shall submit a copy of such CWS's or such NTNC's monitoring plan
in accordance with subsection (t) of this section to the department for
approval prior to the date such CWS or such NTNC conducts such CWS's or such
NTNC's initial monitoring under of this subparagraph, unless such CWS's or such
NTNC's IDSE report approved by the department contains all the information
required by this clause.
(III) Such
CWS or such NTNC may submit to the department for approval a revised monitoring
plan in accordance with subsection (t) of this section if there are changes in
treatment, distribution system operations and layout (including new service
areas), or other factors that may affect TTHM or HAA5 formation, or for
department-approved reasons after consultation with the department regarding
the need for changes and the appropriateness of changes. The department may
approve a revised monitoring plan in which such CWS or such NTNC changed
monitoring locations only if such CWS or such NTNC in the revised monitoring
plan replaced existing compliance monitoring locations with the lowest LRAA
with new locations that reflect the current distribution system locations with
expected high TTHM or HAA5 levels. The department may also require
modifications in such CWS's or such NTNC's monitoring plan. Such CWS or such
NTNC shall not monitor in accordance with the revised monitoring plan unless
the department has approved the revised monitoring plan. If such CWS or such
NTNC is a Subpart H system serving > 3,300 people, such CWS or such NTNC
shall submit a copy of such CWS's or such NTNC's modified monitoring plan to
the department for approval in accordance with subsection (t) of this section
prior to the date such CWS or such NTNC is required to comply with the revised
monitoring plan.
(iv)
Reduced monitoring.
(I) Such CWS or such NTNC
may reduce monitoring to the level specified in Table 11-C5 of this subclause
any time the LRAA is =0.040 mg/l for TTHM and =less than0.030 mg/l for HAA5 at
all monitoring locations. Such CWS or such NTNC may only use data collected
under the provisions of subparagraph (A) or (C) of this subdivision to qualify
for reduced monitoring. In addition, the source water annual average TOC level,
before any treatment, shall be =4.0 mg/l at each treatment plant treating
surface water or GWUDI, based on monitoring conducted under either subparagraph
(A)(iii)(II)(1)(C) or (A)(iii)(IV) of this subdivision.
TABLE 11-C5. REDUCED MONITORING FREQUENCIES
SOURCE WATER TYPE |
POPULATION SIZE
CATEGORY |
MONITORING
FREQUENCY1 |
DISTRIBUTON SYSTEM MONITORING LOCATION PER
MONITORING PERIOD |
Surface Water or GWUDI |
less than500 |
Monitoring shall not be reduced. |
500 - 3,300 people |
Per year |
1 TTHM and 1 HAA5 sample: 1 at the location and
during the quarter with the highest TTHM single measurement; 1 at the location
and during the quarter with the highest HAA5 single measurement; 1 dual sample
set per year if the highest TTHM and HAA5 measurements occurred at the same
location and quarter. |
3,301 - 9,999 people |
Per year |
2 dual sample sets: 1 at the location and during
the quarter with the highest TTHM single measurement, 1 at the location and
during the quarter with the highest HAA5 single measurement. |
10,000 - 49,999 people |
Per quarter |
2 dual sample sets at the locations with the
highest TTHM and highest HAA5 LRAAs. |
50,000 - 249,999 people |
Per quarter |
4 dual sample sets at the locations with the 2
highest TTHM and 2 highest HAA5 LRAAs. |
250,000 - 999,999 people |
Per quarter |
6 dual sample sets at the locations with the 3
highest TTHM and 3 highest HAA5 LRAAs. |
1,000,000 - 4,999,999 people |
Per quarter |
8 dual sample sets at the locations with the 4
highest TTHM and 4 highest HAA5 LRAAs. |
[GREATER THAN]=5,000,000 people |
Per quarter |
10 dual sample sets at the locations with the 5
highest TTHM and 5 highest HAA5 LRAAs. |
Ground water |
less than500 people |
Every third year |
1 TTHM and 1 HAA5 sample: 1 at the location and
during the quarter with the highest TTHM single measurement; 1 at the location
and during the quarter with the highest HAA5 single measurement; 1 dual sample
set per year if the highest TTHM and HAA5 measurements occurred at the same
location and quarter. |
500 - 9,999 people |
Per quarter |
1 TTHM and 1 HAA5 sample: 1 at the location and
during the quarter with the highest TTHM single measurement; 1 at the location
and during the quarter with the highest HAA5 single measurement; 1 dual sample
set per year if the highest TTHM and HAA5 measurements occurred at the same
location and quarter. |
10,000 - 99,999 people |
Per quarter |
2 dual sample sets: 1 at the location and during
the quarter with the highest TTHM single measurement, 1 at the location and
during the quarter with the highest HAA5 single measurement. |
100,000 - 499,999 people |
Per quarter |
2 dual sample sets at the locations with the
highest TTHM and highest HAA5 LRAAs. |
= 500,000 people |
Per quarter |
4 dual sample sets at the locations with the 2
highest TTHM and 2 highest HAA5 LRAAs. |
1 Such CWS or such NTNC on
quarterly monitoring shall take dual sample sets every 90 days.
(II) Such CWS or such NTNC may
remain on reduced monitoring as long as the TTHM LRAA is less than=0.040 mg/l
and the HAA5 LRAA is less than=0.030 mg/l at each monitoring location (for such
CWSs and such NTNCs with quarterly reduced monitoring) or each TTHM sample is
=0.060 mg/l and each HAA5 sample is less than=0.045 mg/l (for such CWSs and
such NTNCs with annual or less frequent monitoring). In addition, the source
water annual average TOC level, before any treatment, shall be less than=4.0
mg/l at each treatment plant treating surface water or GWUDI based on
monitoring conducted under either subparagraph (A)(iii)(II)(1)(C) or
(A)(iii)(IV) of this subdivision.
(III) If the LRAA based on quarterly
monitoring at any monitoring location exceeds either 0.040 mg/l for TTHM or
0.030 mg/l for HAA5 or if the annual (or less frequent) sample at any location
exceeds either 0.060 mg/l for TTHM or 0.045 mg/l for HAA5, or if the source
water annual average TOC level, before any treatment, is [GREATER THAN]4.0 mg/l
at any treatment plant treating surface water or GWUDI, such CWS or such NTNC
shall resume routine monitoring under clause (ii) of this subparagraph or begin
increased monitoring if this clause applies.
(IV) The department may return such CWS or
such NTNC to routine monitoring if such CWS or such NTNC:
(1) Violated the MCL for either TTHM or HAA5
at any monitoring location;
(2)
Activated a new disinfection treatment system;
(3) Changed disinfection practices;
or
(4) Reactivated an inactive
disinfection treatment system.
(v) Additional requirements for consecutive
systems. If such CWS or such NTNC is a consecutive system that does not add a
disinfectant, but delivers water that has been treated with a primary or
residual disinfectant other than ultraviolet light, such CWS or such NTNC shall
comply with analytical and monitoring requirements for chlorine and chloramines
in
40 CFR
141.131(c), as amended from
time to time, and subparagraph (A)(iii)(III)(1l) of this subdivision, the
compliance requirements in subparagraph (A)(iv)(III)(1) of this subdivision,
and report monitoring results under subsection (h)(7)(A)(i)(I) of this
section.
(vi) Conditions requiring
increased monitoring.
(I) If such CWS or such
NTNC is required to monitor at a particular location annually or less
frequently than annually under clause (ii) or (iv) of this subparagraph, such
CWS or such NTNC shall increase monitoring to dual sample sets once per quarter
(taken every 90 days) at all locations if a TTHM sample is >0.080 mg/l or a
HAA5 sample is >0.060 mg/l at any location.
(II) Such CWS or such NTNC is in violation of
the MCL when the LRAA exceeds the MCLs in Table 11-B1 of subparagraph (B)(i) of
this subdivision, calculated based on 4 consecutive quarters of monitoring (or
the LRAA calculated based on fewer than 4 quarters of data if the MCL would be
exceeded regardless of the monitoring results of subsequent quarters). Such CWS
or such NTNC is in violation of the monitoring requirements for each quarter
that a monitoring result would be used in calculating an LRAA, if such CWS or
such NTNC fails to monitor that quarter.
(III) Such CWS or such NTNC may return to
routine monitoring once such CWS or such NTNC has conducted increased
monitoring for at least 4 consecutive quarters and the LRAA for every
monitoring location is =0.060 mg/l for TTHM and =0.045 mg/l for HAA5.
(vii) Operational evaluation
levels.
(I) The operational evaluation level
for TTHM and HAA5 is the sum of the 2 previous quarterly results plus twice the
current quarter's result, divided by 4. Each quarter, such CWS or such NTNC
shall calculate the TTHM and HAA5 operational evaluation levels for each
monitoring location.
(II) Such CWS
or such NTNC has exceeded the operational evaluation level at any monitoring
location where the sum of the 2 previous quarters' TTHM results plus twice the
current quarter's TTHM result, divided by 4 to determine an average, exceeds
0.080 mg/l, or where the sum of the 2 previous quarters' HAA5 results plus
twice the current quarter's HAA5 result, divided by 4 to determine an average,
exceeds 0.060 mg/l.
(III)
(1) If such CWS or such NTNC exceeds the
operational evaluation level, such CWS or such NTNC shall conduct an
operational evaluation and submit a written report of the evaluation to the
department for approval in accordance with subsection (t) of this section not
later than 90 days after being notified of the analytical result that causes
such CWS or such NTNC to exceed the operational evaluation level. The written
report shall be made available to the public upon request.
(2) Such CWS's or such NTNC's operational
evaluation shall include an examination of such CWS's or such NTNC's treatment
and distribution operational practices, including storage tank operations,
excess storage capacity, distribution system flushing, changes in sources or
source water quality, and treatment changes or problems that may contribute to
TTHM and HAA5 formation and what steps could be considered to minimize future
exceedances.
(A) Such CWS or such NTNC may
submit an application to the department for approval requesting that the
department permit such CWS or such NTNC to limit the scope of such CWS's or
such NTNC's evaluation if such CWS or such NTNC is able to identify the cause
of the operational evaluation level exceedance. Such application shall include
the reason or reasons that such CWS or such NTNC is requesting to limit the
scope of such CWS's or such NTNC's evaluation, including the identification of
the cause of the operational evaluation level exceedance, and shall be
submitted in accordance with subsection (t) of this section. Such CWS or such
NTNC shall keep the department-approved application with the completed
report.
(B) Such CWS's or such
NTNC's request to limit the scope of the evaluation does not extend the time in
subclause (III)(1) of this clause by which such CWS or such NTNC is required to
submit to the department for approval the written report.
(viii) Requirements for
remaining on reduced TTHM and HAA5 monitoring based on results under
subparagraph (A) of this subdivision. Such CWS or such NTNC that serves less
than 10,000 people and for which Cryptosporidium monitoring is required under
40 CFR
141.701(a)(4), as amended
from time to time, may remain on reduced monitoring after the date identified
in clause (i)(III)(3) of this subparagraph for compliance with this
subparagraph if such CWS or such NTNC has a 40/30 certification previously
approved by the department under
40 CFR
141.603 or such CWS or such NTNC serves fewer
than 500 people, has taken TTHM and HAA5 samples under subparagraph (A) of this
subdivision and was previously granted a very small system waiver by the
department under
40 CFR
141.604 and such CWS or such NTNC meets the
reduced monitoring criteria in clause (iv)(I) of this subparagraph, and does
not change or add monitoring locations from those used for compliance
monitoring under subparagraph (A) of this subdivision. If the monitoring
locations under this subparagraph of such CWS or such NTNC that serves less
than 10,000 people and for which Cryptosporidium monitoring is required under
40 CFR
141.701(a)(4), as amended
from time to time, differ from such CWS's or such NTNC's monitoring locations
under subparagraph (A) of this subdivision, such CWS or such NTNC shall not
remain on reduced monitoring after the date identified in clause (i)(III)(3) of
this subparagraph for compliance with this subparagraph.
(ix) Requirements for remaining on increased
TTHM and HAA5 monitoring based on results under subparagraph (A) of this
subdivision. If such CWS or such NTNC was on increased monitoring under
subparagraph (A)(iii)(II)(1) of this subdivision, such CWS or such NTNC shall
remain on increased monitoring until such CWS or such NTNC qualifies for a
return to routine monitoring under clause (vi)(III) of this subparagraph. Such
CWS or such NTNC that serves less than 10,000 people and for which
Cryptosporidium monitoring is required under
40 CFR
141.701(a)(4), as amended
from time to time, shall conduct increased monitoring under clause (vi) of this
subparagraph at the monitoring locations in such CWS's or such NTNC's
department-approved monitoring plan under clause (iii) of this subparagraph
beginning on the date identified in clause (i)(III)(3) of this subparagraph for
compliance with this subparagraph and remain on increased monitoring until such
CWS or such NTNC qualifies for a return to routine monitoring under clause
(vi)(III) of this subparagraph.
(12) Ground water source microbial monitoring
and analytical requirements.
(A)
Applicability. This subdivision applies to all ground water systems.
(B) General requirements. Systems subject to
this subdivision, subdivision (7)(E) of this subsection and subsection (j)(14)
of this section shall comply with the following requirements:
(i) Sanitary survey information requirements
for all ground water systems as described in subdivision (7)(E) of this
subsection.
(ii) Microbial source
water monitoring requirements for ground water systems that do not treat all of
the system's ground water to at least 99.99 percent (4 log) treatment of
viruses using inactivation, removal, or a department-approved combination of 4
log virus inactivation and removal before or at the first consumer as described
in subparagraph (C) of this subdivision.
(iii) Treatment technique requirements,
described in subsection (j)(14) of this section, that apply to ground water
systems that have fecally contaminated source waters, as determined by source
water monitoring conducted under subparagraph (C) of this subdivision. A ground
water system with fecally contaminated source water subject to the treatment
technique requirements of this subdivision and subsection (j)(14) of this
section shall implement 1 or more of the following corrective action options:
(I) Correct all significant
deficiencies;
(II) Provide an
alternate source of water;
(III)
Eliminate the source of contamination; or
(IV) Provide treatment that reliably achieves
at least 4 log treatment of viruses using inactivation, removal, or a
department-approved combination of 4 log virus inactivation and removal before
or at the first consumer for the ground water source.
(iv) Ground water systems that provide at
least 4 log treatment of viruses using inactivation, removal, or a
department-approved combination of 4 log virus inactivation and removal before
or at the first consumer of a ground water source are required to conduct
compliance monitoring at that source to demonstrate treatment effectiveness, as
described in subsection (j)(14)(B) of this section.
(v) If requested by the department, ground
water systems shall provide the department with any existing information that
will enable the department to perform a HSA.
(vi) Regardless of whether the ground water
system is a CWS or a NTNC, if such ground water system provides at least 4 log
treatment of viruses using inactivation, removal, or a department-approved
combination of 4 log virus inactivation and removal before or at the first
consumer, such ground water system shall employ, contract with or otherwise
utilize an operator certified pursuant to subsection
25-32-9
of the Regulations of Connecticut State Agencies.
(C) Triggered source water monitoring.
(i) General requirements.
(I)
E. coli is the fecal indicator for triggered source water
monitoring under this subparagraph, unless the department specifies another
fecal indicator that shall be used.
(II) A ground water system shall conduct
triggered source water monitoring if the following conditions exist:
(1) The ground water system does not provide
at least 4 log treatment of viruses using inactivation, removal, or a
department-approved combination of 4 log virus inactivation and removal before
or at the first consumer for each ground water source that the department has
approved under subsection (j)(14)(B)(i) or (ii) of this section; and
(2) The ground water system is notified that
a sample collected under subsections (x)(4) through (x)(7), inclusive, of this
section is total coliform-positive and the sample is not invalidated by the
department under subsection (x)(3)(E) of this section.
(ii) Sampling requirements. A
ground water system shall collect, not later than 24 hours after notification
of a total coliform-positive sample collected under subsections (x)(4) through
(x)(7), inclusive, of this section, at least 1 ground water source sample from
each ground water source in use at the time the total coliform-positive sample
was collected under subsections (x)(4) through (x)(7), inclusive, of this
section, except as provided in subclause (II) of this clause. For purposes of
this clause, the term "in use" means the ground water source had the capacity
to provide water to the monitoring site at the time the total coliform-positive
sample was collected under subsections (x)(4) through (x)(7), inclusive, of
this section.
(I) The department may extend
the 24-hour time limit if the ground water system cannot collect the ground
water source sample within 24 hours due to circumstances beyond the ground
water system's control. A ground water system shall submit an application to
the department in accordance with subsection (t) of this section requesting an
extension beyond the 24-hour time limit, specifying the circumstances beyond
the ground water system's control that prevented such ground water system from
collecting a ground water source sample not later than 24 hours after
notification of the total coliform-positive sample. The ground water system
shall file such application with the department not later than 24 hours after
being notified of the total coliform-positive sample. If the department's
office is closed at that time, the ground water system shall file such
application with the department before the end of the next business day. The
department shall not grant an extension of more than 72 hours, thereby
approving the system to collect the ground water source sample not later than
96 hours after notification of the total coliform-positive sample, unless the
ground water system in the ground water system's application provides evidence
that the ground water system's contract laboratory is closed for the weekend or
a holiday and the closure will prevent such ground water system from collecting
the ground water source sample not later than 96 hours after being notified of
the total coliform-positive sample.
(II) If approved by the department, ground
water systems with more than 1 ground water source may meet the requirements of
this clause by sampling a representative ground water source or sources. A
ground water system shall submit an application to the department in accordance
with subsection (t) of this section requesting approval to meet the
requirements of this clause by sampling a representative ground water source or
sources. Ground water systems shall include with the application a triggered
source water monitoring plan that identifies all of the ground water sources
that are representative of each distribution system monitoring site in the
ground water system's sample siting plan under subsection (x)(3) of this
section and that the ground water system intends to use for representative
sampling under this subclause. Such plan shall include all of the ground water
sources that supply each of the distribution system monitoring sites in the
ground water system's sample siting plan under subsection (x)(3) of this
section under normal operating conditions. A ground water system shall not meet
the requirements of this clause by sampling a representative ground water
source or sources until the ground water system has received department
approval of the ground water system's application.
(III) 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 (x) of this section and to satisfy the
monitoring requirements of this clause for that ground water source only if:
(1) The department-approved fecal indicator
under clause (i)(I) of this subparagraph is E. coli; and
(2) The department approved pursuant to subsection
(x)(3)(A)(vi)(III) of this section the use of a single sample for meeting both
the triggered source water monitoring requirements in this subparagraph and the
repeat monitoring requirements in subsection (x)(8) of this section. If the
repeat sample collected from the ground water source is E. coli positive, the
ground water system shall comply with the requirements of clause (iii) of this
subparagraph.
(iii) Additional requirements. If the
department does not require corrective action under subsection (j)(14)(A) of
this section for a fecal indicator-positive source water sample collected under
clause (ii) or (iv) of this subparagraph that is not invalidated under
subparagraph (F) of this subdivision or if the department does not invalidate a
fecal indicator-positive source water sample collected under subparagraph
(D)(ii) or (I) of this subdivision, the ground water system shall collect 5
additional source water samples from the same source not later than 24 hours
after being notified of a fecal indicator-positive sample collected under
subparagraphs (C)(ii), (C)(iv), (D)(ii) or (I) of this subdivision.
(iv) Consecutive and wholesale systems.
(I) In addition to the other requirements in
this subparagraph, a consecutive public water system served by a ground water
source or sources that has a total coliform-positive sample collected under
subsections (x)(4) through (x)(7), inclusive, of this section shall notify the
wholesale system or systems not later than 24 hours after being notified of the
total coliform-positive sample.
(II) In addition to the other requirements in
this subparagraph, a wholesale ground water system shall comply with the
following requirements:
(1) A wholesale system
served by a ground water source or sources that receives notice from a
consecutive system it serves that a sample collected under subsections (x)(4)
through (x)(7), inclusive, of this section is total coliform-positive shall,
not later than 24 hours after being notified, collect a sample from the
wholesale ground water system's ground water source or sources under clause
(ii) of this subparagraph and analyze the sample for a fecal indicator in
accordance with the analytical methods in subparagraph (E) of this
subdivision.
(2) If the sample
collected under subclause (II)(1) of this clause is fecal indicator-positive,
the wholesale system served by a ground water source or sources shall notify
all consecutive systems served by that ground water source of the fecal
indicator source water positive not later than 24 hours after being notified of
the ground water source sample monitoring result and shall meet the
requirements of clause (iii) of this subparagraph.
(v) Exceptions to the triggered
source water monitoring requirements. A ground water system is not required to
comply with the source water monitoring requirements of this subparagraph if
any of the following conditions exist:
(I) The
department determines that the total coliform-positive sample collected under
subsections (x)(4) through (x)(7), inclusive, of this section is caused by a
previously-documented distribution system deficiency. A ground water system
shall submit an application to the department in accordance with subsection (t)
of this section requesting a determination from the department whether the
total coliform-positive sample collected under subsections (x)(4) through
(x)(7), inclusive, of this section was caused by a distribution system
deficiency. The application shall include documentation demonstrating that the
distribution system deficiency that caused the total coliform-positive sample
was previously documented. Documentation that the distribution system
deficiency was previously documented includes, but is not limited to,
distribution system sampling results, repair records, facility inspection
reports, cross connection surveys, and documentation of areas of low pressure.
The ground water system shall submit such application to the department not
later than 24 hours after being notified of the total coliform-positive sample
;
(II) The department determines
that the total coliform-positive sample collected under subsections (x)(4)
through (x)(7), inclusive, of this section was collected at a location in the
distribution system that has a condition that will cause total
coliform-positive samples. A ground water system shall submit an application to
the department in accordance with subsection (t) of this section requesting a
determination from the department whether the total coliform-positive sample
collected under subsections (x)(4) through (x)(7), inclusive, of this section
was collected at a location in the distribution system that has a condition
that will cause total coliform-positive samples. Such application shall include
documentation demonstrating that the condition in the distribution system will
cause a total coliform-positive sample. Documentation that a condition in the
distribution system caused the total coliform-positive sample includes, but is
not limited to, documentation of recurring bio-film problems. The ground water
system shall submit such application to the department not later than 24 hours
after being notified of the total coliform-positive sample ; or
(III) The ground water system provides at
least 4 log treatment of viruses using inactivation, removal, or a
department-approved combination of 4 log virus inactivation and removal before
or at the first consumer for each ground water source that the department has
approved under subsection (j)(14)(B)(i) or (ii) of this section.
(D) Assessment source
water monitoring.
(i) The department shall
specify the fecal indicator or indicators for which the ground water system
shall sample for assessment source water monitoring under this
subparagraph.
(ii) The department
may require a ground water system to conduct assessment source water monitoring
in accordance with the requirements in clause (iii) of this subparagraph if the
ground water system meets 1 of the following criteria:
(I) A ground water source, based on the
ground water source's stabilized pumping rate, does not meet the separating
distances from sources of pollution that cause or may cause fecal
contamination, as shown in Table 12-D1 of this subclause. Such sources of
pollution may include, but are not limited to, systems for the disposal or
storage of sewage, sewer lines, and stables, pigpens, chicken houses or other
structures or locations where fecal matter is allowed to accumulate, as shown
in Table 12-D1 of this subclause.
TABLE 12-D1. SEPARATING DISTANCE REQUIREMENTS BASED ON
REQUIRED WITHDRAWAL RATE OF GROUND WATER SOURCE
STABILIZED PUMPING RATE OF GROUND WATER
SOURCE |
SEPARATING DISTANCES FROM THE GROUND WATER SOURCE
TO SOURCES OF POLLUTION |
Under 10 gallons per minute (gpm) |
75 feet |
10 to 50 gpm |
150 feet |
[GREATER THAN]50 gpm |
200 feet |
(II) A ground water source is currently
disinfected by a ground water system using chlorine, UV, ozone or some other
disinfectant or disinfectants, the department has not approved the treatment
under subsection (j)(14)(B)(i) or (ii) of this section, and the ground water
system does not have a department-approved source water fecal indicator
monitoring plan under subparagraph (I) of this subdivision.
(III) A ground water system has 2 or more MCL
violations for total coliform within a 12 month period. If the department
determines that the ground water system's MCL violations for total coliform are
caused by a previously-documented distribution system deficiency, then the
ground water system shall not be required to conduct assessment source water
monitoring under this clause. A ground water system shall submit an application
to the department in accordance with subsection (t) of this section requesting
a determination from the department whether the MCL violations for total
coliform were caused by a previously-documented distribution system deficiency.
Such application shall include documentation demonstrating that the
distribution system deficiency that caused the MCL violations for total
coliform was previously documented. Documentation demonstrating that the
distribution system deficiency was previously documented includes, but is not
limited to, distribution system sampling results, repair records, facility
inspection reports, cross connection surveys, and documentation of areas of low
pressure.
(IV) The department
determines after an investigation that the ground water source or sources are
susceptible to contamination by microbial pathogens, based on a HSA.
(V) A ground water system's 5 samples
collected in accordance with subparagraph (C)(iii) of this subdivision were all
fecal indicator-negative.
(VI) A
ground water system discontinues the ground water system's department-approved
4 log treatment of viruses using inactivation, removal, or a
department-approved combination of 4 log virus inactivation and removal before
or at the first consumer for a ground water source.
(iii) If required by the department under
clause (ii) of this subparagraph to conduct assessment source water monitoring
on 1 or more ground water sources, the ground water system shall conduct such
monitoring in accordance with the requirements in subclauses (I) through (V),
inclusive, of this clause. A ground water system conducting assessment source
water monitoring may use a triggered source water sample collected under
subparagraph (C) of this subdivision to meet the requirements of this clause.
(I) Collection of a total of 12 ground water
source samples that represent each month the ground water system provides
ground water to the public. If a ground water system provides ground water to
the public for less than 12 months, the ground water system shall collect
samples during the months in which the ground water system provides ground
water to the public until the ground water system has collected a minimum of 12
samples. If the department determines that there is a continued risk of
introduction of fecal contamination into the ground water the ground water
system provides to the public or that 1 or more of the conditions in clauses
(ii)(I) through (V), inclusive, of this subparagraph continues to exist, the
department may require the ground water system to continue to conduct
assessment source water monitoring after the ground water system has collected
a total of 12 ground water source samples. If the department determines that a
frequency other than the collection of 1 sample in each month the ground water
system provides ground water to the public will provide a more accurate
representation of the water quality of the ground water source or sources or if
the ground water system operates for only part of the year, the department may
modify the frequency of the sampling. For purposes of this subclause, a ground
water system operates for only part of the year if the ground water system is
in operation for less than 12 months out of a year;
(II) Collection of samples from each active
source of supply;
(III) Collection
of a standard sample volume of at least 100 ml for fecal indicator analysis
regardless of the fecal indicator or analytical method used;
(IV) Analysis of all ground water source
samples using 1 of the analytical methods listed in subparagraph (E)(ii) of
this subdivision for the presence of E. coli, enterococci, or coliphage;
and
(V) Collection of ground water
source samples at a location prior to any treatment of the ground water
source.
(iv) The
department may at any time terminate the requirement that a ground water system
conduct assessment source water monitoring. If the department requires the
ground water system to take corrective action under subsection (j)(14)(A)(i) of
this section at a source at which the ground water system is conducting
assessment source water monitoring, the ground water system shall not be
required to continue source water assessment monitoring for that ground water
source unless directed to do so by the department.
(v) A ground water system that has received
department-approval of the ground water system's treatment under subsection
(j)(14)(B)(i) or (ii) of this section because the ground water system provides
at least 4 log treatment of viruses using inactivation, removal, or a
department-approved combination of 4 log virus inactivation and removal before
or at the first consumer for a specified ground water source, shall not be
required by the department to conduct assessment source water monitoring under
this subparagraph for the specified ground water source. If the ground water
system subsequently discontinues the department-approved 4 log treatment of
viruses using inactivation, removal, or a department-approved combination of 4
log virus inactivation and removal before or at the first consumer for a
specified ground water source after receiving approval from the department
under subsection (j)(14)(C) of this section, the department may require the
ground water system to conduct assessment source water monitoring under clause
(ii) of this subparagraph for that ground water source. A ground water system
that discontinues 4 log treatment of viruses is subject to the triggered source
water monitoring requirements of subsection (C) of this subdivision and
analytical methods requirements in subparagraph (e)(12)(E) of this
subdivision.
(E) Source
water monitoring analytical methods.
(i) A
ground water system subject to the source water monitoring requirements of this
subdivision shall collect a standard sample volume of at least 100 ml for fecal
indicator analysis regardless of the fecal indicator or analytical method
used.
(ii) A ground water system
shall analyze all ground water source samples collected under this subdivision
using 1 of the analytical methods listed in
40
CFR 141.402(c)(2), as
amended from time to time, or 1 of the alternative testing methods listed in 40
CFR 141, Subpart C, Appendix A, as amended from time to time, for the presence
of E. coli, enterococci, or coliphage.
(F) Invalidation of a fecal
indicator-positive ground water source sample.
(i) A ground water system may submit an
application to the department in accordance with subsection (t) of this section
requesting invalidation of a fecal indicator-positive ground water source
sample collected under subparagraph (C) of this subdivision. Such application
shall include documentation demonstrating compliance with 1 or more of the
conditions in subclause (I) or (II) of this clause. The department may
invalidate a fecal indicator-positive ground water source sample collected
under subparagraph (C) of this subdivision only if the ground water system
satisfies 1 of the following conditions:
(I)
The ground water system submits to the department a written notice from the
laboratory that improper sample analysis occurred; or
(II) The ground water system submits to the
department substantial evidence that the fecal indicator-positive ground water
source sample is not related to source water quality and the department
determines and documents in writing that such substantial evidence exists.
Substantial evidence shall include, but is not limited to, documentation, such
as photographs and operator and ground water system reports, of defects or
damage to the ground water system that caused water that is not representative
of the source to be collected at the dedicated source water tap.
(ii) If the department invalidates
a fecal indicator-positive ground water source sample, the ground water system
shall collect another source water sample under subparagraph (C) of this
subdivision not later than 24 hours after being notified by the department of
the department's approval of the ground water system's application submitted
under clause (i) of this subparagraph and have the sample analyzed for the same
fecal indicator using the analytical methods in subparagraph (E) of this
subdivision. The department may extend the 24-hour time limit if the ground
water system cannot collect the ground water source sample within 24 hours due
to circumstances beyond the ground water system's control. A ground water
system shall submit an application to the department requesting an extension
beyond the 24-hour time limit. Such application shall include an explanation
with supporting documentation of the circumstances beyond the ground water
system's control that prevent such ground water system from collecting a ground
water source sample not later than 24 hours after notification of the
department's approval of the ground water system's application submitted under
clause (i) of this subparagraph, and shall be submitted in accordance with
subsection (t) of this section. The ground water system shall submit such
application to the department not later than 24 hours after the ground water
system's notification of the department's approval of the ground water system's
application submitted under clause (i) of this subparagraph. If the
department's office is closed at that time, the ground water system shall
submit such application to the department before the end of the next business
day after the ground water system's notification of the department's approval
of the ground water system's application submitted under clause (i) of this
subparagraph. The department shall not grant an extension of more than 72
hours, thereby approving the ground water system to collect the ground water
source sample not later than 96 hours after notification of the department's
approval of the ground water system's application submitted under clause (i) of
this subparagraph, unless the ground water system in the ground water system's
application provides evidence that the ground water system's contract
laboratory is closed for the weekend or a holiday and the closure will prevent
such ground water system from collecting the ground water source sample not
later than 96 hours after being notified of the department's approval of the
ground water system's application submitted under clause (i) of this
subparagraph.
(G)
Sampling location. Any ground water source sample required under subparagraph
(C) of this subdivision shall be collected at a location prior to any treatment
of the ground water source unless the department approves a sampling location
after treatment. If a ground water system wants to collect a ground water
source sample at a sampling location after treatment, the ground water system
shall submit an application to the department requesting approval of that
sampling location in accordance with subsection (t) of this section.
(H) New sources. A ground water system that
places a new ground water source into service shall conduct assessment source
water monitoring in accordance with the requirements in subparagraphs
(D)(iii)(II) through (V), inclusive, of this subdivision. The ground water
system shall collect and have analyzed 1 source sample before the new ground
water source is used to provide water to the public. If directed by the
department, the ground water system shall continue assessment source water
monitoring in accordance with the requirements in subparagraph (D)(iii) of this
subdivision.
(I) Source water fecal
indicator monitoring plan. If a ground water system currently disinfects a
ground water source or sources using chlorine, UV, ozone or some other
disinfectant or disinfectants, but such treatment has not been approved by the
department under subsection (j)(14)(B)(i) or (ii) of this section, the
department shall not require the ground water system to conduct assessment
source water monitoring under subparagraph (D)(ii)(II) of this subdivision if
the ground water system has a department-approved source water fecal indicator
monitoring plan and such ground water system samples in accordance with such
source water fecal indicator monitoring plan. To obtain approval of a source
water fecal indicator monitoring plan, a ground water system shall submit the
plan to the department for approval in accordance with subsection (t) of this
section. Such plan shall include information on the location, sampling
technique and protocols, and frequency of sampling, the methodology used for
the analysis of the samples collected, and the format and timing of the ground
water system's submission of sampling results. For purposes of this
subparagraph, the term "source water fecal indicator monitoring plan" shall
mean a plan prepared by a ground water system that identifies the ground water
source or sources the ground water system will sample, the frequency with which
the ground water system will sample such sources, the location at which such
sampling shall occur, which location shall be prior to any treatment and in a
location that excludes from sampling water from storage tanks or from the
distribution system, and that provides information on the ground water system's
submission of sampling results to the department.
(J) Any ground water system that collects a
sample under subparagraph (D) or (I) of this subdivision that is fecal
indicator-positive shall collect 5 additional source water samples from the
same source in accordance with subparagraph (C)(iii) of this subdivision. If
any of the 5 additional source water samples collected in accordance with
subparagraph (C)(iii) of this subdivision are fecal indicator-positive, the
ground water system shall implement 1 or more corrective actions in accordance
with subsection (j)(14)(A) of this section.
(K) Public notification. A ground water
system with a ground water source sample collected under subparagraph (C) or
(D) of this subdivision that is fecal indicator-positive and that is not
invalidated under subparagraph (F) of this subdivision, including consecutive
systems served by a ground water source, shall conduct public notification
under subsection (i)(1) of this section.
(L) Monitoring violations. Failure to meet
the requirements of subparagraphs (C) through (I), inclusive, of this
subdivision is a monitoring violation and requires the ground water system to
provide public notification under subsection (i)(3) of this section.
(j)
Treatment techniques.
(1) A MCLG of 0 is set for the following
microbial pathogens: Giardia lamblia, Cryptosporidium, viruses and
Legionella.
(2) General
Requirements for surface water and GWUDI sources.
(A) Each system with a surface water or a
GWUDI source shall install and properly operate water treatment processes that
reliably achieve:
(i) At least 99.9 percent (3
log) removal or inactivation of Giardia lamblia cysts, or both, between a point
where the raw water is not subject to recontamination by surface water runoff
and a point downstream before or at the first consumer;
(ii) At least 99.99 percent (4 log) removal
or inactivation of viruses, or both, between a point where the raw water is not
subject to recontamination by surface water runoff and a point downstream
before or at the first consumer; and
(iii) At least 99 percent (2 log) removal of
Cryptosporidium between a point where the raw water is not subject to
recontamination by surface water runoff and a point downstream before or at the
first consumer.
(B) A
system using a surface water or a GWUDI source is considered to be in
compliance with the requirements of subparagraph (A) of this subdivision if the
system meets the filtration requirements in subdivision (4) of this subsection
and the disinfection requirements in subdivision (3)(B) of this
subsection.
(C) Each system using a
surface water or a GWUDI source shall be operated by certified operators
pursuant to sections
25-32-7a
through
25-32-14 of
the Regulations of Connecticut State Agencies.
(D) A system shall install and have
operational treatment consisting of disinfection and filtration in accordance
with this subdivision not later than 18 months after the department's
determination that treatment is required for a ground water source. Such
determination shall be made if that ground water source is at risk of
contamination from surface water. As an interim requirement until such
treatment is operational, turbidity shall not exceed a monthly average of 1
nephelometric turbidity unit (NTU) or a 2 consecutive day average of 5 NTUs as
monitored pursuant to subsections (x)(6)(C) or (x)(7)(C) of this section, as
applicable, and the system supplied by this GWUDI source shall be free of any
waterborne disease outbreak.
(3) Disinfection.
(A) A system that uses a GWUDI source, and
that does not provide and operate treatment pursuant to subdivision (2) of this
subsection, shall provide interim disinfection pursuant to subsection (e)(7)(M)
of this section.
(B) A Subpart H
system that provides and operates treatment pursuant to subdivision (2) of this
subsection, shall provide disinfection treatment as specified in clauses (i)
through (iii), inclusive, of this subparagraph:
(i) The disinfection treatment shall be
sufficient to ensure that the total treatment processes of that source achieve
at least 99.9 percent (3 log) inactivation or removal of Giardia lamblia cysts,
or both, and at least 99.99 percent (4 log) inactivation or removal of viruses,
or both. Disinfection effectiveness shall be determined by the calculation of
"CT" values as specified in the March 1991 edition of EPA's "Guidance Manual
For Compliance With The Filtration And Disinfection Requirements For Public
Water Systems Using Surface Water Sources." A copy of such guidance manual may
be obtained from EPA at
http://www.epa.gov/safewater/mdbp/guidsws.pdf.
(ii) The RDC in the water entering the
distribution system, measured as specified in
40 CFR
141.74(a)(2), as amended
from time to time, and subsection (e)(7)(S)(ii) of this section shall not be
less than 0.2 mg/l for more than 4 hours.
(iii) The RDC in the distribution system,
measured as free chlorine, combined chlorine, or chlorine dioxide, as specified
in
40 CFR
141.74(a)(2), as amended
from time to time, and subsection (e)(7)(S)(ii) of this section, shall not be
undetectable in more than 5 percent of the samples each month for any 2
consecutive months that the system serves water to the public. Water in the
distribution system with a heterotrophic bacteria concentration less than or
equal to 500/ml, measured as heterotrophic plate count (HPC) as specified in
40 CFR
141.74(a)(1), as amended
from time to time, is deemed to have a detectable disinfectant residual for
purposes of determining compliance with this requirement in subsection
(j)(3)(B)(iii) of this section. The value "V" in the following formula shall
not exceed 5 percent in 1 month, for any 2 consecutive months.
Where:
A = Number of instances where the RDC is measured;
B = Number of instances where the RDC is not measured but
HPC is measured;
C = Number of instances where the RDC is measured but not
detected and no HPC is measured;
D = Number of instances where no RDC is detected and where
the HPC is greater than 500/ml; and
E = Number of instances where the RDC is not measured and
HPC is greater than 500/ml.
(4) Filtration. A Subpart H system that
provides and operates treatment pursuant to subdivision (2) of this subsection,
shall provide filtration which complies with the requirements of subparagraphs
(A), (B), (C), or (D) of this subdivision.
(A)
Conventional filtration treatment or direct filtration.
(i) For such Subpart H systems using
conventional or direct filtration, the turbidity level of representative
samples of the combined filtered water of such Subpart H system using
conventional or direct filtration shall be less than or equal to 0.3 NTU in at
least 95 percent of the measurements taken each month pursuant to subsection
(e)(7)(S)(i) of this section.
(ii)
The turbidity level of representative samples of such Subpart H system's
combined filtered water (treatment effluent) shall at no time exceed 1 NTU,
measured pursuant to subsection (e)(7)(S)(i) of this section.
(iii) Such Subpart H system that is required
to submit a report to the department for a self assessment or comprehensive
performance evaluation under subsection (h)(6)(B)(i) of this section shall
implement the improvements identified in accordance with a schedule as approved
in writing by the department.
(B) Slow sand filtration. For such Subpart H
systems using slow sand filtration, the turbidity level of representative
samples of the combined filtered water of such Subpart H system using slow sand
filtration shall be less than or equal to 1 NTU in all of the measurements
taken each month, measured as specified in
40 CFR
141.74(a)(1) and (c)(1), as
amended from time to time, and subsection (e)(7)(S)(i) of this
section.
(C) Diatomaceous earth
filtration. For such Subpart H systems using diatomaceous earth filtration, the
turbidity level of representative samples of the combined filtered water of
such Subpart H system using diatomaceous earth filtration shall be less than or
equal to 1 NTU in all of the measurements taken each month, measured as
specified in
40 CFR
141.74(a)(1) and (c)(1), as
amended from time to time, and subsection (e)(7)(S)(i) of this
section.
(D) Other filtration
technologies. Such Subpart H system may use filtration technology not listed in
subparagraphs (A) through (C), inclusive, of this subdivision if such Subpart H
system demonstrates to the department, using pilot plant studies or other
means, that the alternative filtration technology, in combination with
disinfection treatment that meets the requirements of subdivision (3)(B) of
this subsection, consistently achieves 99.9 percent (3 log) removal or
inactivation of Giardia lamblia cysts, or both, and 99.99 percent (4 log)
removal or inactivation of viruses, or both, and 99 percent (2 log) removal of
Cryptosporidium oocysts, and the department approves such Subpart H system's
use of such alternative filtration treatment. To request approval to use
alternative filtration technology, such Subpart H system shall submit an
application to the department in accordance with subsection (t) of this
section. If the department approves such Subpart H system's use of the
alternative filtration technology, the department shall set turbidity
performance requirements that such Subpart H system shall meet at least 95
percent of the time and that such Subpart H system shall not exceed at any time
a level that consistently achieves 99.9 percent (3 log) removal or inactivation
of Giardia lamblia cysts, or both, 99.99 percent (4 log) removal or
inactivation of viruses, or both, and 99 percent removal of Cryptosporidium
oocysts. For such Subpart H system that makes this demonstration, the
requirements of subparagraphs (3)(B) and (4)(A) of subsection apply.
(E) A system serving 10,000 or more persons
shall achieve 99 percent (2 log) removal of Cryptosporidium. Systems serving
fewer than 10,000 persons shall achieve 99 percent (2 log) removal of
Cryptosporidium. A system is deemed to be in compliance with this requirement
if the system meets the combined filtered water turbidity level requirements of
subparagraphs (A) through (D), inclusive, of this subdivision.
(F) Any system that recycles spent filter
backwash water, thickener supernatant, or liquids from dewatering processes
shall return these flows through the processes of a system's existing
conventional or direct filtration or at an alternate location approved by the
department by June 8, 2004.
(5) Treatment techniques for acrylamide and
epichlorohydrin. Each system shall certify annually in writing to the
department that when acrylamide and epichlorohydrin are used in systems, the
combination of dose and monomer level does not exceed the levels specified in
40 CFR
141.111, as amended from time to
time.
(6) General requirements for
the control of lead and copper.
(A)
Applicability. The requirements of this subdivision and subsections (e)(7)(K),
(e)(8) through (e)(10), inclusive, (h)(5), (i)(6), (j)(7) through (j)(10),
inclusive, and (l)(1)(G) of this section constitute the drinking water
regulations for lead and copper. Unless otherwise indicated, each of the
provisions of this subdivision applies to CWSs and NTNCs.
(B) Lead and copper action levels.
(i) The lead action level is exceeded if the
concentration of lead in more than 10 percent of tap water samples collected
during any monitoring period conducted in accordance with subsection (e)(8) of
this section is greater than 0.015 mg/l (i.e., if the "90th percentile" lead
level is greater than 0.015 mg/l).
(ii) The copper action level is exceeded if
the concentration of copper in more than10 percent of tap water samples
collected during any monitoring period conducted in accordance with subsection
(e)(8) of this section is greater than 1.3 mg/l (i.e., if the "90th percentile"
copper level is greater than 1.3 mg/l).
(iii) The 90th percentile lead and copper
levels shall be computed as follows:
(I) The
results of all lead or copper samples taken during a monitoring period shall be
placed in ascending order from the sample with the lowest concentration to the
sample with the highest concentration. Each sampling result shall be assigned a
number, ascending by single integers beginning with the number 1 for the sample
with the lowest contaminant level. The number assigned to the sample with the
highest contaminant level shall be equal to the total number of samples
taken.
(II) The number of samples
taken during the monitoring period shall be multiplied by 0.9.
(III) The contaminant concentration in the
numbered sample yielded by the calculation in subclause (II) of this clause is
the 90th percentile contaminant level.
(IV) For CWSs and NTNCs serving fewer than
100 people that collect 5 samples per monitoring period, the 90th percentile is
computed by taking the average of the highest and second highest
concentrations.
(V) For a CWS or
NTNC that collects fewer than 5 samples in accordance with subsection (e)(8)(C)
of this section, the sample result with the highest concentration is considered
the 90th percentile value.
(C) Corrosion control treatment requirements.
(i) All CWSs and NTNCs shall install and
operate optimal corrosion control treatment.
(ii) Any CWS or NTNC that complies with the
applicable corrosion control treatment requirements approved by the department
under subdivisions (7) and (8) of this subsection shall be deemed to be in
compliance with the treatment requirement contained in clause (i) of this
subparagraph.
(D) Source
water treatment requirements. Any CWS or NTNC exceeding the lead or copper
action level shall implement all applicable source water treatment requirements
approved by the department under subdivision (9) of this subsection.
(E) Lead service line replacement
requirements. Any CWS or NTNC exceeding the lead action level after
implementation of applicable corrosion control and source water treatment
requirements shall complete the lead service line replacement requirements
contained in subdivision (10) of this subsection.
(F) Public education requirements.
(i) Pursuant to subsection (i)(6) of this
section, all CWSs and NTNCs shall provide a consumer notice of lead tap water
monitoring results to persons served at the sites (taps) that are tested. Any
CWS or NTNC exceeding the lead action level shall implement the public
education requirements.
(ii) Any
CWS or NTNC exceeding the copper action level shall notify consumers as
required in subsection (i)(5)(A) of this section.
(G) Monitoring and analytical requirements.
Tap water monitoring for lead and copper, monitoring for water quality
parameters, source water monitoring for lead and copper, and analyses of the
monitoring results under this subdivision shall be completed in compliance with
subsections (e)(7)(K) and (e)(8) through (e)(10), inclusive, of this
section.
(H) Reporting
requirements. CWSs and NTNCs shall report to the department any information
required by the treatment provisions of this subdivision and subsection (h)(5)
of this section.
(I) Recordkeeping
requirements. CWSs and NTNCs shall maintain records in accordance with
subsection (l)(1)(G) of this section.
(J) Violation of drinking water regulations.
Failure to comply with the applicable requirements of this subdivision and
subsections (e)(7)(K), (e)(8) through (e)(10), inclusive, (h)(5), (i)(6),
(j)(7) through (j)(10), inclusive, and (l)(1)(G) of this section, including
requirements established by the department pursuant to these provisions, shall
constitute a violation of the drinking water regulations for lead or copper, or
both.
(7) Applicability
of corrosion control treatment steps to small, medium-size and large systems.
Unless otherwise indicated, the provisions of subsection (j)(7) of this section
apply to CWSs and NTNCs.
(A) CWSs and NTNCs
shall complete the applicable corrosion control treatment requirements
described in subdivision (8) of this subsection by the deadlines established in
this subdivision.
(i) A large CWS or NTNC
(serving greater than 50,000 persons) shall complete the corrosion control
treatment steps specified in subparagraph (D) of this subdivision, unless the
CWS or NTNC is deemed by the department to have optimized corrosion control
under subparagraph (B)(ii) or (B)(iii) of this subdivision.
(ii) A small CWS or NTNC (serving less than
or equal to 3,300 persons) and a medium-size CWS or NTNC (serving greater than
3,300 and less than or equal to 50,000 persons) shall complete the corrosion
control treatment steps specified in subparagraph (D) of this subdivision,
unless the CWS or NTNC is deemed by the department to have optimized corrosion
control under subparagraph (B)(i), (ii) or (iii) of this subdivision.
(B) Deemed optimized corrosion
control. A CWS or NTNC is deemed to have optimized corrosion control and is not
required to complete the applicable corrosion control treatment steps
identified in this subdivision if the CWS or NTNC satisfies 1 of the criteria
specified in clauses (i) through (iii), inclusive, of this subparagraph. Any
such CWS or NTNC deemed to have optimized corrosion control under this
subparagraph, and which has treatment in place, shall continue to operate and
maintain optimal corrosion control treatment and meet any requirements that the
department determines appropriate to ensure optimal corrosion control treatment
is maintained.
(i) Deemed to have optimized
corrosion control by meeting lead and copper action levels. A small or
medium-size CWS or NTNC is deemed to have optimized corrosion control if the
CWS or NTNC meets the lead and copper action levels during each of 2
consecutive 6 month monitoring periods conducted in accordance with subsection
(e)(8) of this section.
(ii) Deemed
to have optimized corrosion control by the department. Any CWS or NTNC may be
deemed by the department to have optimized corrosion control treatment if the
CWS or NTNC demonstrates to the satisfaction of the department that the CWS or
NTNC has conducted activities equivalent to the corrosion control steps
applicable to such CWS or NTNC under this subdivision. If the department makes
this determination, the department shall provide the CWS or NTNC with written
notice explaining the basis for the department's decision and shall specify the
water quality control parameters representing optimal corrosion control in
accordance with subdivision (8)(F) of this subsection. CWSs and NTNCs deemed to
have optimized corrosion control under this clause shall operate in compliance
with the department-designated optimal water quality control parameters in
accordance with subdivision (8)(G) of this subsection and continue to conduct
lead and copper tap and water quality parameter sampling in accordance with
subsections (e)(8)(D)(iii) and (e)(9)(D) of this section, respectively. A CWS
or NTNC shall provide the department with the following information in order to
support a determination under this subparagraph:
(I) The results of all test samples collected
for each of the water quality parameters listed in subdivision (8)(C)(iii) of
this subsection;
(II) A report
explaining the test methods used by the CWS or NTNC to evaluate the corrosion
control treatments listed in subdivision (8)(C)(i) of this subsection, the
results of all tests conducted, and the basis for the CWS's or NTNC's selection
of optimal corrosion control treatment;
(III) A report explaining how corrosion
control has been installed and how it is being maintained to ensure minimal
lead and copper concentrations at consumers' taps; and
(IV) The results of tap water samples
collected in accordance with subsection (e)(8) of this section at least once
every 6 months for 1 year after corrosion control has been installed.
(iii) Deemed to have optimized
corrosion control based on tap water and source water monitoring results. Any
CWS or NTNC is deemed to have optimized corrosion control if the CWS or NTNC
submits results of tap water monitoring conducted in accordance with subsection
(e)(8) of this section and source water monitoring conducted in accordance with
subsection (e)(10) of this section that demonstrate for 2 consecutive 6 month
monitoring periods that the difference between the 90th percentile tap water
lead level computed under subdivision (6)(B)(iii) of this subsection and the
highest source water lead concentration is less than the PQL for lead of 0.005
mg/l.
(I) Those CWSs and NTNCs whose highest
source water lead level is below the method detection limit may also be deemed
to have optimized corrosion control under this clause if the 90th percentile
tap water lead level is less than or equal to the PQL for lead for 2
consecutive 6 month monitoring periods.
(II) Any CWS or NTNC deemed to have optimized
corrosion control in accordance with this clause shall continue monitoring for
lead and copper at the tap, no less frequently than once every 3 calendar years
using the reduced number of sites specified in subsection (e)(8)(C) of this
section and collecting the samples at times and locations specified in
subsection (e)(8)(D)(iv) of this section.
(III) Any CWS or NTNC deemed to have
optimized corrosion control pursuant to this clause shall notify the department
in writing pursuant to subsection (h)(5)(A)(iii) of this section of any
upcoming long-term change in treatment or addition of a new source as described
in subsection (h)(5)(A)(iii) of this section. Before a CWS or NTNC adds a new
source or implements a long-term change in treatment, the CWS or NTNC shall
submit an application to the department requesting approval of the addition of
a new source or long-term change in treatment. Such application shall include a
description of the change or addition, and shall be submitted in accordance
with subsection (t) of this section. A CWS or NTNC shall not add a new source
or implement a long-term change in treatment until the CWS or NTNC has obtained
the department's approval. For purposes of this section, long-term change in
treatment includes, but is not limited to, the addition of a new treatment
process or modification of an existing treatment process. The department may
require any such CWS or NTNC to conduct additional monitoring or to take other
action the department deems appropriate to ensure that such CWS or NTNC
maintains minimal levels of corrosion in its distribution system.
(IV) A CWS or NTNC is not deemed to have
optimized corrosion control under this clause, and shall implement corrosion
control treatment pursuant to subclause (V) of this clause, unless the CWS or
NTNC meets the copper action level.
(V) Any CWS or NTNC that is required to
implement corrosion control because the CWS or NTNC is no longer deemed to have
optimized corrosion control under this clause shall implement corrosion control
treatment in accordance with the deadlines in subparagraph (D) of this
subdivision. The time periods for completing each step are determined by the
date the CWS or NTNC is no longer deemed to have optimized corrosion control
under this clause.
(C) Any small or medium-size CWS or NTNC that
is required to complete the corrosion control steps because the CWS or NTNC
exceeded the lead or copper action level may cease completing the treatment
steps whenever the CWS or NTNC meets both action levels during each of 2
consecutive monitoring periods conducted pursuant to subsection (e)(8) of this
section and submits the results to the department. If any such CWS or NTNC
thereafter exceeds the lead or copper action level during any monitoring
period, the CWS or NTNC (or the department, as the case may be) shall
recommence completion of the applicable treatment steps, beginning with the
first treatment step that was not previously completed in its entirety. The
department may require a CWS or NTNC to repeat treatment steps previously
completed by the CWS or NTNC where the department determines that this is
necessary to properly implement the treatment requirements of this subdivision.
The department shall notify the CWS or NTNC in writing of such a determination
and explain the basis for the department's decision. The requirement for any
small or medium-size CWS or NTNC to implement corrosion control treatment steps
in accordance with subparagraph (D) of this subdivision, including systems
deemed to have optimized corrosion control under subparagraph (D) of this
subdivision, is triggered whenever any small or medium-size CWS or NTNC exceeds
the lead or copper action level.
(D) Treatment steps and deadlines. Except as
provided in subparagraph (B) of this subdivision, CWSs and NTNCs shall complete
the following corrosion control treatment steps (described in the referenced
portions of subdivision (8) of this subsection and subsections (e)(8) and
(e)(9) of this section) by the indicated time periods.
(i) Step 1: The CWS or NTNC shall conduct
initial tap water sampling in accordance with subsections (e)(8)(D) and
(e)(9)(B) of this section until the CWS or NTNC either exceeds the lead or
copper action level or becomes eligible for reduced monitoring under subsection
(e)(8)(D)(iv) of this section. A CWS or NTNC exceeding the lead or copper
action level shall submit to the department for review and approval the CWS's
or NTNC's recommended optimal corrosion control treatment not later than 6
months after the end of the monitoring period during which the CWS or NTNC
exceeds 1 of the action levels. The CWS's or NTNC's recommended optimal
corrosion control treatment shall be submitted to the department in accordance
with subsection (t) of this section. The department may approve the CWS's or
NTNC's recommended optimal corrosion control treatment. If the department does
not approve the CWS's or NTNC's recommended corrosion control treatment, the
department shall designate the corrosion control treatment that the CWS or NTNC
is required to implement.
(ii) Step
2: Not later than 12 months after the end of the monitoring period during which
a CWS or NTNC exceeds the lead or copper action level, the department may
require the CWS or NTNC to perform corrosion control studies in accordance with
subdivision (8)(B) of this subsection. If the department requires the CWS or
NTNC to perform such studies, the CWS or NTNC shall submit copies of such
studies to the department for the department's review and approval in
accordance with subsection (t) of this section. If the department does not
require the CWS or NTNC to perform such studies, the CWS or NTNC shall install
the CWS's or NTNC's department-approved optimal corrosion control treatment,
or, if the department did not approve the CWS's or NTNC's recommended corrosion
control treatment, the corrosion control treatment designated by the department
(as described in subdivision (8)(D)(i) of this subsection) within the following
time frames:
(I) For large CWSs and NTNCs, not
later than 6 months after the end of the monitoring period during which such
CWS or NTNC exceeds the lead and copper action level;
(II) For medium-size CWSs and NTNCs, not
later than 18 months after the end of the monitoring period during which such
CWS or NTNC exceeds the lead or copper action level; and
(III) For small CWSs and NTNCs, not later
than 24 months after the end of the monitoring period during which such CWS or
NTNC exceeds the lead or copper action level.
(iii) Step 3: If the department requires a
CWS or NTNC to perform corrosion control studies under (Step 2, clause (ii) of
this subparagraph, the CWS or NTNC shall complete the studies in accordance
with subdivision (8)(C) of this subsection not later than 18 months after the
department requires that such studies be conducted. In the CWS's or NTNC's
corrosion control study, the CWS or NTNC shall recommend an optimal corrosion
control treatment for department approval.
(iv) Step 4: If the CWS or NTNC has performed
corrosion control studies under Step 2, clause (ii) of this subparagraph, the
CWS or NTNC shall submit such corrosion control studies, including the CWS's or
NTNC's recommended optimal corrosion control treatment, to the department for
review and approval in accordance with subsection (t) of this section. Not
later than 6 months after the CWS's or NTNC's completion of Step 3 in clause
(iii) of this subdivision, the department may approve the CWS's or NTNC's
recommended optimal corrosion control treatment or not approve the CWS's or
NTNC's recommended corrosion control treatment and require the CWS or NTNC to
implement the corrosion control treatment designated by the department, unless
the department requires additional information from the CWS or NTNC or
additional time to complete the department's review.
(v) Step 5: The CWS or NTNC shall install and
have operational the optimal corrosion control treatment approved by the
department or, if the department did not approve the CWS's or NTNC's
recommended corrosion control treatment, the corrosion control treatment
designated by the department (subdivision (8)(E) of this subsection) not later
than 24 months after the department approves or designates such
treatment.
(vi) Step 6: The CWS or
NTNC shall complete follow-up sampling in accordance with subsections
(e)(8)(D)(ii) and (e)(9)(C) of this section not later than 36 months after the
department either approves the CWS's or NTNC's recommended optimal corrosion
control treatment or the department designates an optimal corrosion control
treatment.
(vii) Step 7: The
department shall review the CWS's or NTNC's installation of treatment and
designate optimal water quality control parameters in accordance with
subdivision (8)(F) of this subsection not later than 6 months after completion
of Step 6, clause (vi), of this subparagraph.
(viii) Step 8: The CWS or NTNC shall operate
in compliance with the department-designated optimal water quality control
parameters under subdivision (8)(G) of this subsection and continue to conduct
tap water sampling pursuant to subsection (e)(8)(D)(iii) and (e)(9)(D) of this
section.
(8)
Description of corrosion control treatment requirements. Each CWS or NTNC shall
complete the corrosion control treatment requirements described in this
subdivision that are applicable to such CWS or NTNC under subdivision (7)(A) of
this subsection. Unless otherwise indicated, the provisions of this subdivision
apply to CWSs and NTNCs.
(A) A CWS's or NTNC's
recommendation regarding corrosion control treatment. Based upon the results of
lead and copper tap water monitoring and water quality parameter monitoring,
small and medium-size CWSs and NTNCs exceeding the lead or copper action level
shall propose installation of 1 or more of the corrosion control treatments in
subparagraph (C)(i) of this subdivision. The department may require the CWS or
NTNC to conduct additional water quality parameter monitoring in accordance
with subsection (e)(9)(B) of this section to assist the department in reviewing
the CWS's or NTNC's proposal.
(B)
Department's decision to require studies of corrosion control treatment
(applicable to small and medium-size CWSs and NTNCs). The department may
require any small or medium-size CWS or NTNC that exceeds the lead or copper
action level to perform corrosion control studies under subparagraph (C) of
this subdivision to identify optimal corrosion control treatment for the CWS or
NTNC.
(C) Performance of corrosion
control studies.
(i) Any CWS or NTNC
performing corrosion control studies shall evaluate the effectiveness of each
of the following treatments, and, if appropriate, combinations of the following
treatments to identify the optimal corrosion control treatment for that CWS or
NTNC:
(I) Alkalinity and pH
adjustment;
(II) Calcium hardness
adjustment; and
(III) The addition
of a phosphate or silicate-based corrosion inhibitor at a concentration
sufficient to maintain an effective residual concentration in all test tap
water samples.
(ii) The
CWS or NTNC shall evaluate each of the corrosion control treatments using
either pipe rig/loop tests, metal coupon tests, partial-system tests, or
analyses based on documented analogous treatments with other CWSs and NTNCs of
similar size, water chemistry and distribution system configuration.
(iii) The CWS or NTNC shall measure the
following water quality parameters in any tests conducted under this
subparagraph before and after evaluating the corrosion control treatments
listed in clause (i) of this subparagraph:
(I)
Lead;
(II) Copper;
(III) pH;
(IV) Alkalinity;
(V) Calcium;
(VI) Conductivity;
(VII) Orthophosphate (when an inhibitor
containing a phosphate compound is used);
(VIII) Silicate (when an inhibitor containing
a silicate compound is used); and
(IX) Water temperature.
(iv) The CWS or NTNC shall identify all
chemical or physical constraints that limit or prohibit the use of a particular
corrosion control treatment and document such constraints with at least 1 of
the following:
(I) Data and documentation
showing that a particular corrosion control treatment has adversely affected
other water treatment processes when used by another CWS or NTNC with
comparable water quality characteristics; or
(II) Data and documentation demonstrating
that the CWS or NTNC has previously attempted to evaluate a particular
corrosion control treatment and has found that the treatment is ineffective or
adversely affects other water quality treatment processes; or
(III) Data and documentation in subclauses
(I) and (II) of this clause.
(v) The CWS or NTNC shall evaluate the effect
of the chemicals used for corrosion control treatment on other water quality
treatment processes.
(vi) On the
basis of an analysis of the data generated during each evaluation, the CWS or
NTNC shall submit to the department for approval the CWS's or NTNC's
recommended treatment option that the corrosion control studies indicate
constitutes the optimal corrosion control treatment for that CWS or NTNC. Such
application shall include the reason or reasons for the CWS's or NTNC's
recommended treatment option, including all supporting documentation specified
in clauses (i) through (v), inclusive, of this subparagraph, and shall be
submitted in accordance with subsection (t) of this section.
(D) Department designation of
optimal corrosion control treatment.
(i) Based
upon consideration of available information including, where applicable,
studies performed under subparagraph (C) of this subdivision and a CWS's or
NTNC's recommended treatment option, the department may either approve or
reject with written reasons the CWS's or NTNC's application requesting approval
of the CWS's or NTNC's corrosion control treatment option. If rejected, the CWS
or NTNC shall propose an alternative corrosion control treatment(s) from among
those listed in subparagraph (C)(i) of this subdivision, or revise the original
proposal based on the department's recommendations, and then resubmit the
proposal or revision for department review and approval in accordance with
subsection (t) of this section.
(ii) The department shall notify the CWS or
NTNC of the department's decision in writing to approve or reject the CWS's or
NTNC's application submitted to the department under clause (i) of this
subparagraph and explain the basis for the department's determination. If the
department requests additional information to aid the department's review, the
CWS or NTNC shall provide the information.
(E) Installation of optimal corrosion
control. Each CWS or NTNC shall properly install and operate throughout the
CWS's or NTNC's distribution system the optimal corrosion control treatment
approved by the department under subparagraph (D) of this
subdivision.
(F) Department review
of treatment and specification of optimal water quality control parameters.
(i) The department shall evaluate the results
of all lead and copper tap water samples and water quality parameter samples
submitted by the CWS or NTNC and determine whether the CWS or NTNC has properly
installed and operated the optimal corrosion control treatment approved by the
department in accordance with subparagraph (D) of this subdivision. After the
department reviews the results of tap water and water quality parameter
monitoring by the CWS or NTNC, both before and after the CWS or NTNC installs
optimal corrosion control treatment, the CWS or NTNC shall operate in
accordance with specific parameter values defined by the department that are
within the following water quality parameter ranges in subclauses (i) though
(vi) of this subparagraph, unless the CWS or NTNC can demonstrate to the
satisfaction of the department that other measurable parameter values are
necessary for optimal corrosion control treatment:
(I) For pH measured at each entry point to
the distribution system, a range of 7.0 to 10.0 shall be maintained;
(II) A minimum pH value, measured in all tap
water samples. Such value shall be equal to or greater than 7.0, unless the
department determines that meeting a pH level of 7.0 is not technologically
feasible or is not necessary for the CWS or NTNC to optimize corrosion
control;
(III) If a corrosion
inhibitor is used, concentrations for the inhibitor, measured at each entry
point to the distribution system and in all tap water samples, shall be
maintained within the following ranges:
Corrosion Inhibitor Range (mg/l)
Silicates 2.0 - 12.0
Orthophosphate 0.1 - 10.0
(IV) If alkalinity is adjusted as part of
optimal corrosion control treatment, a range of concentrations for alkalinity,
measured at each entry point to the distribution system and in all tap water
samples, shall be determined based on the results of tap water and water
quality parameter monitoring; and
(V) If calcium carbonate stabilization is
used as part of corrosion control, a range of concentrations for calcium,
measured in all tap water samples, shall be determined based on the results of
tap water and water quality parameter monitoring.
(ii) The values for the applicable water
quality control parameters listed in clause (i) of this subparagraph shall be
those that the department determines to reflect optimal corrosion control
treatment for the CWS or NTNC. The department may designate values for
additional water quality control parameters determined by the department to
reflect optimal corrosion control for the CWS or NTNC. The department shall
notify the CWS or NTNC in writing of these determinations and explain the basis
for the department's decisions.
(G) Continued operation and monitoring. All
CWSs and NTNCs optimizing corrosion control shall continue to operate and
maintain optimal corrosion control treatment, including maintaining water
quality parameters at or above minimum values or within ranges designated by
the department under subparagraph (F)(i) of this subdivision in accordance with
this subparagraph for all samples collected under subsections (e)(9)(D) through
(F), inclusive, of this section. Compliance with the requirements of this
subparagraph shall be determined every 6 months, as specified under subsection
(e)(9)(D) of this section. A CWS or NTNC is out of compliance with the
requirements of this subparagraph in a 6 month period if the CWS or NTNC has
excursions for any department-specified parameter on more than 9 calendar days
during the period. An excursion occurs whenever the daily value for 1 or more
of the water quality parameters measured at a sampling location is below the
minimum value or outside the range designated by the department. Daily values
are calculated as indicated in clauses (i) through (iii), inclusive, of this
subparagraph. The department has discretion to delete results of obvious
sampling errors from this calculation.
(i) On
days when more than 1 measurement for the water quality parameter is collected
at the sampling location, the daily value shall be the average of all results
collected during the day, regardless of whether they are collected through
continuous monitoring, grab sampling, or a combination of both.
(ii) On days when only 1 measurement for the
water quality parameter is collected at the sampling location, the daily value
shall be the result of that measurement.
(iii) On days when no measurement is
collected for the water quality parameter at the sampling location, the daily
value shall be the daily value calculated on the most recent day on which the
water quality parameter was measured at the sample site.
(H) Modification of department treatment
decisions. Upon the department's own initiative or in response to a request by
a CWS or NTNC or other interested party, the department may modify the
department's determination of the optimal corrosion control treatment under
subparagraph (D) of this subdivision or optimal water quality control
parameters under subparagraph (F) of this subdivision. If a CWS or NTNC or
other interested party seeks a modification of the department's approved
optimal corrosion control treatment or optimal water quality control
parameters, the CWS or NTNC or other interested party shall submit an
application to the department requesting a modification of the department's
determination. Such application shall include an explanation as to the reason
or reasons that the modification is appropriate and documentation supporting
the proposed modification and shall be submitted in accordance with subsection
(t) of this section. The department may modify the department's prior
determination if the department concludes that such change is necessary to
ensure that the CWS or NTNC continues to optimize corrosion control treatment.
A revised determination shall be made in writing, set forth the new treatment
requirements, explain the basis for the department's decision, and provide an
implementation schedule for completing the treatment modifications.
(9) Source water treatment
requirements. CWSs and NTNCs shall complete the applicable source water
monitoring and treatment requirements under subparagraph (B) of this
subdivision and subsections (e)(8) and (e)(10) of this section by the following
deadlines. Unless otherwise indicated, the provisions of this subdivision apply
to CWSs and NTNCs.
(A) Deadlines for
completing source water treatment steps.
(i)
Step 1: A CWS or NTNC exceeding the lead or copper action level shall complete
lead and copper source water monitoring in accordance with subsection
(e)(10)(B) of this section and make a treatment proposal to the department in
accordance with subparagraph (B)(i) of this subsection not later than 180
calendar days after the end of the monitoring period during which the lead or
copper action level was exceeded.
(ii) Step 2: The department shall make a
determination regarding source water treatment in accordance with subparagraph
(B)(ii) of this subsection not later than 6 months after submission of
monitoring results in Step 1, clause (i) of this subparagraph.
(iii) Step 3: If the department requires
installation of source water treatment, the CWS or NTNC shall install the
treatment in accordance with subparagraph (B)(iii) of this subsection not later
than 24 months after completion of Step 2, clause (ii) of this
subparagraph.
(iv) Step 4: The CWS
or NTNC shall complete follow-up tap water monitoring in accordance with
subsection (e)(8)(D)(ii) of this section and source water monitoring in
accordance with subsection (e)(10)(C) of this section not later than 36 months
after completion of Step 2, clause (ii) of this subparagraph.
(v) Step 5: The department shall review the
CWS's or NTNC's installation and operation of source water treatment and
specify maximum permissible source water levels in accordance with subparagraph
(B)(iv) of this subsection not later than 6 months after completion of Step 4,
clause (iv) of this subparagraph.
(vi) Step 6: The CWS or NTNC shall operate in
compliance with the department-specified maximum permissible lead and copper
source water levels in accordance with subparagraph (B)(v) of this subsection
and continue source water monitoring in accordance with subsection (e)(10)(D)
of this section.
(B)
Description of source water treatment requirements.
(i) CWS or NTNC treatment proposal. Any CWS
or NTNC that exceeds the lead or copper action level shall propose in writing
to the department the installation and operation of 1 of the source water
treatments listed in clause (ii) of this subparagraph. A CWS or NTNC may
propose that no treatment be installed based upon a demonstration that source
water treatment is not necessary to minimize lead and copper levels at users'
taps.
(ii) Department determination
regarding source water treatment. The department shall complete an evaluation
of the results of all source water samples submitted by the CWS or NTNC to
determine whether source water treatment is necessary to minimize lead or
copper levels in water delivered to users' taps. If the department determines
that treatment is needed, the CWS or NTNC shall submit an application to the
department requesting approval of a proposed source water treatment. Such
application shall include the reason or reasons that the CWS or NTNC is
proposing the source water treatment in the application and shall be submitted
in accordance with subsection (t) of this section. The department shall review
the application and either approve or reject with written reasons the
installation and operation of the source water treatment proposed by the CWS or
NTNC in the application submitted to the department. If rejected, the CWS or
NTNC shall submit to the department an application requesting approval of the
installation and operation of another source water treatment from among the
following: ion exchange, reverse osmosis, lime softening or
coagulation/filtration; or the CWS or NTNC shall revise the original proposal
based upon the department's recommendations and resubmit this to the department
for review in consideration for approval. Such application shall be submitted
in accordance with subsection (t) of this section. If the department requests
additional information to aid in the department's review, the CWS or NTNC shall
provide the information by the date specified by the department in the
department's request. The department shall notify the CWS or NTNC in writing of
the department's determination and set forth the basis for the department's
decision.
(iii) Installation of
source water treatment. Each CWS or NTNC shall properly install and operate the
source water treatment approved by the department under clause (ii) of this
subparagraph.
(iv) Department
review of source water treatment and specification of maximum permissible
source water levels. The department shall review the source water samples taken
by the CWS or NTNC both before and after the CWS or NTNC installs source water
treatment, and determine whether the CWS or NTNC has properly installed and
operated the source water treatment approved by the department. Based upon the
department's review, the department shall designate the maximum permissible
lead and copper concentrations for finished water entering the distribution
system. Such levels shall reflect the contaminant removal capability of the
treatment properly operated and maintained. The department shall notify the CWS
or NTNC in writing and explain the basis for the department's
decision.
(v) Continued operation
and maintenance. Each CWS or NTNC shall maintain lead and copper levels below
the maximum permissible concentrations designated by the department at each
sampling point monitored in accordance with subsection (e)(10) of this section.
The CWS or NTNC is out of compliance with this clause if the level of lead or
copper at any sampling point is greater than the maximum permissible
concentration designated by the department.
(vi) Modification of department treatment
decisions. Upon the department's own initiative or in response to a request by
a CWS or NTNC or other interested party, the department may modify the
department's determination of the source water treatment under clause (ii) of
this subparagraph, or maximum permissible lead and copper concentrations for
finished water entering the distribution system under clause (iv) of this
subparagraph. If a CWS or NTNC or other interested party seeks a modification
of the department's approved optimal corrosion control treatment or optimal
water quality control parameters, the CWS or NTNC or other interested party
shall submit an application to the department requesting that the department
modify the department's determination. Such application shall include an
explanation as to the reason or reasons that the modification is appropriate
and documentation supporting the proposed modification, and shall be submitted
in accordance with subsection (t) of this section. The department may modify
the department's determination if the department concludes that such change is
necessary to ensure that the CWS or NTNC continues to minimize lead and copper
concentrations in source water. A revised determination shall be made in
writing, set forth the new treatment requirements, explain the basis for the
department's decision, and provide an implementation schedule for completing
the treatment modifications.
(10) Lead service line replacement
requirements. Unless otherwise indicated, the provisions of this subdivision
apply to CWSs and NTNCs.
(A) CWSs and NTNCs
that fail to meet the lead action level in tap water samples taken pursuant to
subsection (e)(8)(D)(ii) of this section, after installing corrosion control or
source water treatment, whichever sampling occurs later, shall replace lead
service lines in accordance with the requirements of this subdivision. If a CWS
or NTNC is in violation of subdivisions (7) or (9) of this subsection for
failure to install source water or corrosion control treatment, the department
may require the CWS or NTNC to commence lead service line replacement under
this subdivision after the date by which the CWS or NTNC was required to
conduct monitoring under subsection (e)(8)(D)(ii) of this section has
passed.
(B)
(i) A CWS or NTNC shall annually replace at
least 7 percent of the initial number of lead service lines in the CWS's or
NTNC's distribution system. The initial number of lead service lines is the
number of lead lines in place at the time the replacement program begins. The
CWS or NTNC shall identify the initial number of lead service lines in the
CWS's or NTNC's distribution system, including an identification of the
portion(s) owned by the CWS or NTNC, based on a materials evaluation, including
the evaluation required under subsection (e)(8)(A) of this section and relevant
legal authorities, including but not limited to, contractual agreements, local
land records and local land ordinances, regarding the portion owned by the CWS
or NTNC. The first year of lead service line replacement shall begin on the
first day following the end of the monitoring period in which the action level
was exceeded under subparagraph (A) of this subdivision. If monitoring is
required annually or less frequently, the end of the monitoring period is
September 30 of the calendar year in which the sampling occurs. If the
department has approved an alternate monitoring period under subsection
(e)(8)(D)(iv)(IV)(1) of this section, then the end of the monitoring period is
the last day of that period.
(ii)
Any CWS or NTNC resuming a lead service line replacement program after the
cessation of the CWS's or NTNC's lead service line replacement program under
subparagraph (F) of this subdivision shall update the CWS's or NTNC's inventory
of lead service lines to include those sites that were previously determined
not to require replacement through the sampling provision under subparagraph
(C) of this subdivision. The CWS or NTNC will then divide the updated number of
remaining lead service lines by the number of remaining years in the program to
determine the number of lines that shall be replaced per year (7 percent lead
service line replacement is based on a 15-year replacement program, e.g., CWSs
and NTNCs resuming lead service line replacement after previously conducting 2
years of replacement would divide the updated inventory by 13). For those CWSs
and NTNCs that have completed a 15-year lead service line replacement program,
the department shall determine a schedule for replacing or retesting lines that
were previously tested out under the replacement program when the CWS or NTNC
re-exceeds the action level.
(C) A CWS or NTNC is not required to replace
an individual lead service line if the lead concentration in all service line
samples from that line, taken pursuant to subsection (e)(8)(B)(iii) of this
section, is less than or equal to 0.015 mg/l.
(D) A CWS or NTNC shall replace that portion
of the lead service line that the CWS or NTNC owns. In cases where the CWS or
NTNC does not own the entire lead service line, the CWS or NTNC shall notify
the owner of the line, or the owner's authorized agent, that the CWS or NTNC
will replace the portion of the service line that the CWS or NTNC owns and
shall offer to replace the owner's portion of the line. A CWS or NTNC is not
required to bear the cost of replacing the privately-owned portion of the line,
nor is the CWS or NTNC required to replace the privately-owned portion where
the owner chooses not to pay the cost of replacing the privately-owned portion
of the line, or where replacing the privately-owned portion would be precluded
by state, local or common law. A CWS or NTNC that does not replace the entire
length of the service line also shall complete the following tasks:
(i) At least 45 calendar days prior to
commencing with the partial replacement of a lead service line, the CWS or NTNC
shall provide notice to the resident(s) of all buildings served by the line,
explaining that the residents may experience a temporary increase of lead
levels in the residents' drinking water, along with guidance on measures
consumers can take to minimize consumers' exposure to lead. The department may
allow the CWS or NTNC to provide notice less than 45 calendar days prior to
commencing partial lead service line replacement where such replacement is in
conjunction with emergency repairs. In addition, the CWS or NTNC shall inform
the resident(s) served by the line that the CWS or NTNC will, at the CWS's or
NTNC's expense, collect a sample, from each partially-replaced lead service
line that is representative of the water in the service line for analysis of
lead content, as prescribed under subsection (e)(8)(B)(iii) of this section,
not later than 72 hours after the completion of the partial replacement of the
service line. The CWS or NTNC shall collect the sample and report the results
of the analysis to the owner and the resident(s) served by the line not later
than 3 business days after receiving the results. Mailed notices post-marked
not later than 3 business days after receiving the results shall be considered
"on time."
(ii) The CWS or NTNC
shall provide, by mail or by other methods approved by the department, the
information required by clause (i) of this subparagraph to the residents of
individual dwellings. In instances where multi-family dwellings are served by
the line, the CWS or NTNC shall have the option to post the information at a
conspicuous location.
(E) The department shall require a CWS or
NTNC to replace lead service lines on a shorter schedule than that required by
this subdivision, taking into account the number of lead service lines in the
CWS or NTNC, where such a shorter replacement schedule is feasible. The
department shall make this determination in writing and notify the CWS or NTNC
of the department's finding not later than 6 months after the CWS or NTNC is
triggered into lead service line replacement based on monitoring referenced in
subparagraph (A) of this subdivision.
(F) Any CWS or NTNC may cease replacing lead
service lines whenever first-draw samples collected pursuant to subsection
(e)(8)(B)(ii) of this section meet the lead action level during each of 2
consecutive monitoring periods and the CWS or NTNC submits the results in
writing to the department. If first-draw tap water samples in any such CWS or
NTNC thereafter exceed the lead action level, the CWS or NTNC shall recommence
replacing lead service lines pursuant to subparagraph (B)(ii) of this
subdivision.
(G) To demonstrate
compliance with subparagraphs (A) through (D), inclusive, of this subdivision,
a CWS or NTNC shall report to the department the information specified in
subsection (h)(5)(E) of this section.
(11) Treatment technique for control of
disinfection byproduct precursors. For systems using conventional filtration
treatment that are required to comply with subdivision (2) of this subsection,
enhanced coagulation or enhanced softening are identified as treatment
techniques to control the level of disinfection byproduct precursors in
drinking water treatment and distribution systems.
(A) Applicability. Systems using conventional
filtration treatment that are required to comply with subdivision (2) of this
subsection shall operate with enhanced coagulation or enhanced softening to
achieve the TOC percent removal levels specified in subparagraph (C) of this
subdivision, unless it meets at least 1 of the alternative compliance criteria
listed in this subparagraph. Systems using conventional filtration treatment
that are required to comply with subdivision (2) of this subsection may use the
alternative compliance criteria listed in clauses (i) through (vi), inclusive,
of this subparagraph to comply with this subdivision and in lieu of complying
with subparagraph (B) of this subdivision. In all cases systems using
conventional filtration treatment that are required to comply with subdivision
(2) of this subsection shall still comply with monitoring requirements
specified in subsection (e)(11)(A)(iii)(IV) of this section. Unless otherwise
indicated, the provisions of this subdivision apply to systems using
conventional filtration treatment that are required to comply with subdivision
(2) of this subsection.
(i) Such system's
source or treated water TOC level is less than 2.0 mg/l, calculated quarterly
as a running annual average.
(ii)
Such system's source water TOC level is less than 4.0 mg/l, calculated
quarterly as a running annual average; the source water alkalinity is greater
than 60 mg/l (as CaCO3), calculated quarterly as a running annual average; and
the TTHM and HAA5 running annual averages are no greater than 0.040 mg/l and
0.030 mg/l, respectively.
(iii) The
TTHM and HAA5 running annual averages are no greater than 0.040 mg/l and 0.030
mg/l, respectively, and such system uses only chlorine for primary disinfection
and maintenance of a residual in the distribution system.
(iv) Such system's source water (prior to any
treatment) or finished water SUVA is less than or equal to 2.0 l/mg-m, measured
monthly and calculated quarterly as a running annual average.
(v) The treated water alkalinity of such
system with an enhanced softening is less than 60 mg/l (as CaCO3), measured
monthly and calculated quarterly as a running annual average.
(vi) The treated water of such system with an
enhanced softening demonstrates a removal of at least 10 mg/l of magnesium
hardness (as CaCO3), measured monthly and calculated quarterly as a running
annual average.
(B)
Enhanced coagulation and enhanced softening performance requirements. Such
system shall achieve the percent reduction of TOC specified in clause (i) of
this subparagraph between the source water and the combined filter effluent,
unless the department approves in writing such system's request for alternate
minimum TOC removal (Step 2) requirements under clause (ii) of this
subparagraph.
(i) Required Step 1 TOC
reductions, as indicated in the following Table 11-A1 of this clause, are based
upon specified source water parameters. Such system practicing softening is
required to meet the Step 1 TOC reductions in the far-right column (Source
water alkalinity >120 mg/l) for the specified source water TOC:
TABLE 11-A1. STEP 1 REQUIRED REMOVAL OF TOC BY ENHANCED
COAGULATION AND ENHANCED SOFTENING
Source Water TOC, mg/l |
Source Water Alkalinity, mg/l as
CaCO3 |
0-60 |
[GREATER THAN]60-120 |
[GREATER
THAN]1201 |
[GREATER THAN]2.0-4.0 |
35.0% |
25.0% |
15.0% |
[GREATER THAN]4.0-8.0 |
45.0% |
35.0% |
25.0% |
[GREATER THAN]8.0 |
50.0% |
40.0% |
30.0% |
1 Such system practicing
softening shall meet the TOC removal requirements in this column.
(ii) Such system that cannot
achieve the Step 1 TOC reductions required by clause (i) of this subparagraph
due to water quality parameters or operational constraints shall apply to the
department, not later than 3 months after failure to achieve the TOC reductions
required by clause (i) of this subparagraph, for approval of alternative
minimum TOC (Step 2) removal requirements submitted by such system. If the
department approves the alternative minimum TOC removal (Step 2) requirements,
the department may make those requirements retroactive for the purposes of
determining compliance. Until the department approves the alternate minimum TOC
removal (Step 2) requirements, such system shall meet the Step 1 TOC reductions
contained in clause (i) of this subparagraph. Alternate minimum TOC removal
(Step 2) requirements shall be determined in accordance with
40
CFR 141.135(b)(4), as
amended from time to time.
(C) Compliance calculations. Such systems,
other than those identified in subparagraph (A) of this subdivision, shall
comply with requirements contained in subparagraph (B) of this subdivision.
Such system shall calculate compliance quarterly, beginning after such system
has collected 12 months of data, by determining an annual average using the
following method:
(i) Determine actual monthly
TOC percent reductions, equal to: (1- (treated water TOC/source water TOC)) x
100;
(ii) Determine the required
monthly TOC percent reductions, from either Table 11-A1 of this section or from
subparagraph (B)(ii) of this subdivision;
(iii) Divide the value in clause (i) of this
subparagraph by the value in clause (ii) of this subparagraph;
(iv) Add together the results of clause (iii)
of this subparagraph for the last 12 months and divide by 12; and
(v) If the value calculated in clause (iv) of
this subparagraph is less than 1.00, such system is not in compliance with the
TOC percent reduction requirements.
(D) Such system may use the provisions in
clauses (i) through (v), inclusive, of this subparagraph in lieu of the
calculations in subparagraph (C) of this subdivision to determine compliance
with TOC percent reduction requirements.
(i)
In any month that such system's treated or source water TOC level is less than
2.0 mg/l, such system may assign a monthly value of 1.0 (in lieu of the value
calculated in subparagraph (C)(iii) of this subdivision) when calculating
compliance under the provisions of subparagraph (C) of this
subdivision.
(ii) In any month that
such system practicing softening removes at least 10 mg/l of magnesium hardness
(as CaCO3), such system may assign a monthly value of 1.0 (in lieu of the value
calculated in subparagraph (C)(iii) of this subdivision) when calculating
compliance under the provisions of subparagraph (C) of this
subdivision.
(iii) In any month
that such system's source water SUVA, prior to any treatment, is less than or
equal to 2.0 l/mg-m, such system may assign a monthly value of 1.0 (in lieu of
the value calculated in subparagraph (C)(iii) of this subdivision) when
calculating compliance under the provisions of subparagraph (C) of this
subdivision.
(iv) In any month that
such system's finished water SUVA is less than or equal to 2.0 l/mg-m, such
system may assign a monthly value of 1.0 (in lieu of the value calculated in
subparagraph (c)(iii) of this subdivision) when calculating compliance under
the provisions of subparagraph (C) of this subdivision.
(v) In any month that such system practicing
enhanced softening lowers such system's alkalinity below 60 mg/l (as CaCO3),
such system may assign a monthly value of 1.0 (in lieu of the value calculated
in subparagraph (C)(iii) of this subdivision) when calculating compliance under
the provisions of subparagraph (C) of this subdivision.
(vi) Such systems may also comply with the
requirements of subparagraph (C) of this subdivision by meeting the criteria in
subparagraph (A) of this subdivision.
(12) Treatment technique requirements for the
enhanced treatment for Cryptosporidium. The requirements of this subdivision
apply to all Subpart H systems.
(A) Bin
classification for Subpart H systems.
(i)
Subpart H systems shall calculate an initial Cryptosporidium bin concentration
for each plant for which monitoring is required. Calculation of the bin
concentration shall use the Cryptosporidium results reported under
40 CFR
141.701(a) and shall follow
the procedures in clauses (ii)(I) through (V), inclusive, of this
subparagraph.
(ii)
(I) For Subpart H systems that collect a
total of at least 48 samples, the bin concentration is equal to the arithmetic
mean of all sample concentrations.
(II) For Subpart H systems that collect a
total of at least 24 samples, but not more than 47 samples, the bin
concentration is equal to the highest arithmetic mean of all sample
concentrations in any 12 consecutive months during which Cryptosporidium
samples are collected.
(III) For
Subpart H systems that serve fewer than 10,000 people and monitor for
Cryptosporidium for only 1 year (i.e., collect 24 samples in 12 months), the
bin concentration is equal to the arithmetic mean of all sample
concentrations.
(IV) For Subpart H
systems with plants operating only part of the year that monitor fewer than 12
months per year under subsection (e)(7)(T)(ii)(IV) of this section, the bin
concentration is equal to the highest arithmetic mean of all sample
concentrations during any year of Cryptosporidium monitoring. For purposes of
this subdivision, a plant operates for only part of the year if the plant
operates for less than 12 months out of a year.
(V) If the monthly Cryptosporidium sampling
frequency varies, Subpart H systems shall first calculate a monthly average for
each month of monitoring. Subpart H systems shall then use these monthly
average concentrations, rather than individual sample concentrations, in the
applicable calculation for bin classification in subclauses (I) through (IV),
inclusive, of this clause.
(iii) Subpart H systems shall determine the
Subpart H system's initial bin classification from Table 12-A1 of this clause
and using the Cryptosporidium bin concentration calculated under clauses (i)
through (ii) of this subparagraph.
TABLE 12-A1. BIN CLASSIFICATION FOR SUBPART H
SYSTEMS
FOR SUBPART H SYSTEMS THAT
ARE: |
WITH A CRYPTOSPORIDIUM BIN CONCENTRATION
OF.1 |
THE BIN CLASSIFICATION IS. |
Required to monitor for Cryptosporidium under
subsection (e)(7)(T)(ii) of this section |
Less than 0.075 oocysts/L |
Bin 1 |
Greater than or equal to 0.075 oocysts/L and less
than 1.0 oocysts/L |
Bin 2 |
Greater than or equal to 1.0 oocysts/L and less
than 3.0 oocysts/L |
Bin 3 |
Greater than or equal to 3.0
oocysts/L |
Bin 4 |
Serving fewer than 10,000 people and not required
to monitor for Cryptosporidium under subsection (e)(7)(T)(ii)(II) of this
section |
N/A |
Bin 1 |
1 Based on calculations in
clause (i) or (iv) of this subparagraph, as applicable.
(iv) Following completion of the second round
of source water monitoring required under subsection (e)(7)(T)(ii)(I) of this
section, a Subpart H system shall recalculate its Cryptosporidium bin
concentration using the Cryptosporidium results reported under subsection
(e)(7)(T)(ii)(I) of this section and follow the procedures in clauses (ii)(I)
through (IV), inclusive, of this subparagraph. A Subpart H system shall then
redetermine the Subpart H system's bin classification using this bin
concentration and Table 12-A1 of this section.
(v)
(I) A
Subpart H system shall submit to the department an application in accordance
with subsection (t) of this section requesting approval of its bin
classification under clause (iv) of this subparagraph. Such application shall
be submitted to the department for approval not later than 6 months after the
Subpart H system is required to complete the second round of source water
monitoring based on the schedule in subsection (e)(7)(T)(ii)(II) of this
section.
(II) The bin
classification application submitted to the department under subclause (I) of
this clause shall include a report containing a summary of source water
monitoring data and the calculation procedure used to determine bin
classification.
(vi) A
Subpart H system shall submit to the department an application in accordance
with subsection (t) of this section requesting approval of its bin
classification under clause (iv) of this subparagraph. Such application shall
be submitted to the department for approval not later than 6 months after the
Subpart H system is required to complete the second round of source water
monitoring based on the schedule in subsection (e)(7)(T)(ii)(II) of this
section.
(B) Additional
Cryptosporidium treatment requirements for Subpart H systems.
(i) A Subpart H system shall provide the
level of additional treatment for Cryptosporidium specified in Table 12-B1 of
this clause based on its bin classification as determined under subparagraph
(A) of this subdivision and according to the schedule in subparagraph (C) of
this subdivision.
TABLE 12-B1. ADDITIONAL TREATMENT REQUIREMENTS FOR SUBPART
H SYSTEMS
If the bin classification of a Subpart H system
is. |
And the Subpart H system uses the following
filtration treatment in full compliance with subdivisions (2) through (4),
inclusive, of this subsection and subsections (e)(7)(H), (e)(7)(R), (e)(7)(S),
and (h)(6) of this section (as applicable), then the additional Cryptosporidium
treatment requirements are . . . |
Conventional filtration treatment (including
softening) |
Direct filtration |
Slow sand or diatomaceous earth
filtration |
Alternative filtration technologies |
Bin 1 |
No additional treatment. |
No additional treatment. |
No additional treatment. |
No additional treatment. |
Bin 2 |
1 log treatment |
1.5 log treatment |
1 log treatment |
The total Cryptosporidium removal and inactivation
is at least 4.0 log. |
Bin 3 |
2 log treatment |
2.5 log treatment |
2 log treatment |
The total Cryptosporidium removal and inactivation
is at least 5.0 log. |
Bin 4 |
2.5 log treatment |
3 log treatment |
2.5 log treatment |
The total Cryptosporidium removal and inactivation
is at least 5.5 log. |
(ii) A Subpart H system shall use 1 or more
of the treatment and management options listed in subdivision (13)(A) of this
subsection, termed the microbial toolbox, to comply with the additional
Cryptosporidium treatment required by clause (i) of this
subparagraph.
(iii) A Subpart H
system classified in Bin 3 and Bin 4 shall achieve at least 1 log of the
additional Cryptosporidium treatment required under clause (i) of this
subparagraph using 1 or more of the following: bag filters, bank filtration,
cartridge filters, chlorine dioxide, membranes, ozone, or UV, as described in
subdivisions (13)(B) through (F), inclusive, of this subsection.
(iv) Failure by a Subpart H system in any
month to achieve treatment credit by meeting criteria in subdivisions (13)(B)
through (F), inclusive, of this subsection for microbial toolbox options that
is at least equal to the level of treatment required in clause (i) of this
subparagraph is a violation of the treatment technique requirement.
(v) If the department determines during a
sanitary survey or an equivalent source water assessment that after a Subpart H
system completed the monitoring conducted under
40 CFR
141.701(a) or subsection
(e)(7)(T)(ii)(I) of this section, significant changes occurred in its watershed
that could lead to increased contamination of the source water by
Cryptosporidium, the Subpart H system shall take actions specified by the
department to address the contamination. These actions may include additional
source water monitoring or implementing microbial toolbox options, or both, in
subdivision (13)(A) of this subsection.
(C) Schedule for compliance with
Cryptosporidium treatment requirements.
(i)
Following initial bin classification under subparagraph (A)(iii) of this
subdivision, a Subpart H system that serves = 10,000 people shall provide the
level of treatment for Cryptosporidium required under subparagraph (B) of this
subdivision, unless the department previously approved under
40 CFR
141.713(c) up to an
additional 24 months for compliance with the Cryptosporidium treatment
requirements because the Subpart H system is making capital improvements to
comply with the Cryptosporidium treatment requirements, in which case the
Subpart H system shall provide the level of treatment for Cryptosporidium
required under subparagraph (B) of this subdivision by the department-approved
compliance date. A system supplied by a Subpart H system that serves less than
10,000 people shall provide the level of treatment for Cryptosporidium required
under subparagraph (B) of this subdivision not later than October 1, 2014,
unless the department approves under clause (ii)(II) of this subparagraph up to
an additional 24 months for compliance with the Cryptosporidium treatment
requirements because the Subpart H system is making capital improvements to
comply with the Cryptosporidium treatment requirements, in which case the
Subpart H system shall provide the level of treatment for Cryptosporidium
required under subparagraph (B) of this subdivision by the department-approved
compliance date.
(ii)
Cryptosporidium treatment compliance dates.
(I) A Subpart H system that serves = 10,000
people shall comply with the Cryptosporidium treatment requirements, unless the
department previously approved under
40 CFR
141.713(c) up to an
additional 24 months for compliance because the Subpart H system is making
capital improvements to comply with the Cryptosporidium treatment requirements,
in which case the Subpart H system shall comply with the Cryptosporidium
treatment requirements by the department-approved compliance date.
(II) A Subpart H system that serves less than
10,000 people shall comply with the Cryptosporidium treatment requirements not
later than October 1, 2014. A Subpart H system that serves less than 10,000
people may submit an application to the department requesting approval of up to
an additional 24 months for complying with the Cryptosporidium treatment
requirements if the Subpart H system that serves less than 10,000 people is
making capital improvements in order to comply with such requirements. Such
application shall include the reason or reasons for requesting such additional
time, including the capital improvements the Subpart H system that serves less
than 10,000 people is making and the schedule for completion of such
improvements, and shall be submitted in accordance with subsection (t) of this
section.
(iii) If the
bin classification for a Subpart H system changes following the second round of
source water monitoring, as determined under subparagraph (A)(iv) of this
subdivision, the Subpart H system shall provide the level of treatment for
Cryptosporidium required under subparagraph (B) of this subdivision on a
schedule approved by the department. The Subpart H system shall submit an
application to the department requesting approval of a schedule on which the
Subpart H system shall provide the level of treatment for Cryptosporidium
required under subparagraph (B) of this subdivision. Such application shall be
submitted in accordance with subsection (t) of this section.
(13) Requirements for
microbial toolbox components. The requirements of this subdivision apply to all
Subpart H systems.
(A) Microbial toolbox
options for meeting Cryptosporidium treatment requirements. A Subpart H system
may submit an application in accordance with subsection (t) of this section to
the department requesting approval to receive the treatment credits listed in
Table 13-A1 of this subparagraph. Such application shall include documentation
demonstrating that the Subpart H system meets the conditions for microbial
toolbox options described in subparagraphs (B) through (F), inclusive, of this
subdivision. The department may approve the receipt of such credits by a
Subpart H system if the Subpart H system meets the conditions for microbial
toolbox options in subparagraphs (B) through (F), inclusive, of this
subdivision. If the department approves the receipt of the treatment credits by
a Subpart H system, the Subpart H system may apply such credits to meet the
treatment requirements in subparagraph (B) of this subdivision.
TABLE 13-A1. MICROBIAL TOOLBOX SUMMARY TABLE: OPTIONS,
TREATMENT CREDITS, AND CRITERIA
TOOLBOX OPTION |
CRYPTOSPORIDIUM TREATMENT CREDIT WITH DESIGN
AND IMPLEMENTATION CRITERIA |
Source Protection and Management Toolbox
Options |
(i) Watershed control program |
0.5 log credit for department-approved program
comprising required elements, annual program status report to department, and
regular watershed survey. Specific criteria are in subparagraph (B)(i) of this
subdivision. |
(ii) Alternative source/intake
management |
No prescribed credit. Subpart H systems may conduct
simultaneous monitoring for treatment bin classification at alternative intake
locations or under alternative intake management strategies. Specific criteria
are in subparagraph (B)(ii) of this subdivision. |
Pre-Filtration Toolbox
Options |
(iii) Presedimentation basin with
coagulation |
0.5 log credit during any month that
presedimentation basins achieve a monthly mean reduction of 0.5 log or greater
in turbidity or alternative department-approved performance criteria. To be
eligible, basins shall be operated continuously with coagulant addition and all
plant flow shall pass through basins. Specific criteria are in subparagraph
(C)(i) of this subdivision. |
(iv) Two-stage lime softening |
0.5 log credit for two-stage softening where
chemical addition and hardness precipitation occur in both stages. All plant
flow shall pass through both stages. Single-stage softening is credited as
equivalent to conventional filtration treatment. Specific criteria are in
subparagraph (C)(ii) of this subdivision. |
(v) Bank filtration |
0.5 log credit for 25-foot setback; 1.0 log credit
for 50-foot setback; aquifer shall be unconsolidated sand containing at least
10 percent fines; average turbidity in wells shall be less than 1
nephelolometric turbidity unit (NTU). Subpart H systems using wells followed by
filtration when conducting source water monitoring shall sample the well to
determine bin classification and are not eligible for additional credit.
Specific criteria are in subparagraph (C)(iii) of this subdivision.
|
Treatment Performance Toolbox
Options |
(vi) Combined filter performance |
0.5 log credit for combined filter effluent
turbidity less than or equal to 0.15 NTU in at least 95 percent of measurements
each month. Specific criteria are in subparagraph (D)(i) of this subdivision.
|
(vii) Individual filter performance |
0.5 log credit (in addition to 0.5 log combined
filter performance credit) if individual filter effluent turbidity is less than
or equal to 0.15 NTU in at least 95 percent of samples each month in each
filter and is never greater than 0.3 NTU in 2 consecutive measurements in any
filter. Specific criteria are in subparagraph (D)(ii) of this subdivision.
|
Additional Filtration Toolbox
Options |
(viii) Bag or cartridge filters (individual
filters) |
Up to 2 log credit based on the removal efficiency
demonstrated during challenge testing with a 1.0 log factor of safety. Specific
criteria are in subparagraph (E)(i) of this subdivision. |
(ix) Bag or cartridge filters (in
series) |
Up to 2.5 log credit based on the removal
efficiency demonstrated during challenge testing with a 0.5 log factor of
safety. Specific criteria are in subparagraph (E)(i) of this subdivision.
|
(x) Membrane filtration |
Log credit equivalent to removal efficiency
demonstrated in challenge test for device if supported by direct integrity
testing. Specific criteria are in subparagraph (E)(ii) of this subdivision.
|
(xi) Second stage filtration |
0.5 log credit for second separate granular media
filtration stage if treatment train includes coagulation prior to first filter.
Specific criteria are in subparagraph (E)(iii) of this subdivision.
|
(xii) Slow sand filters |
2.5 log credit as a secondary filtration step; 3.0
log credit as a primary filtration process. No prior chlorination for either
option. Specific criteria are in subparagraph (E)(iv) of this subdivision.
|
Inactivation Toolbox
Options |
(xiii) Chlorine dioxide |
Log credit based on measured CT in relation to CT
table. Specific criteria are in subparagraph (F)(ii) of this subdivision.
|
(xiv) Ozone |
Log credit based on measured CT in relation to CT
table. Specific criteria are in subparagraph (F)(ii) of this subdivision.
|
(xv) UV |
Log credit based on validated UV dose in relation
to UV dose table; reactor validation testing required to establish UV dose and
associated operation conditions. Specific criteria are in subparagraph (F)(iii)
of this subdivision. |
(B) Source protection and management toolbox
options for meeting Cryptosporidium treatment requirements.
(i) Watershed control program. A Subpart H
system that provided notification under 40 CFR 171.716(a)(1) may submit an
application to the department requesting approval to receive a 0.5 log
Cryptosporidium treatment credit for implementing a watershed control program.
Such application shall include documentation demonstrating that the Subpart H
system's watershed control program meets the requirements of this subparagraph,
and shall be submitted in accordance with subsection (t) of this section.
(I) A Subpart H system serving fewer than
10,000 people shall submit to the department with the Subpart H system's
application a proposed watershed control plan not later than 1 year before the
applicable treatment compliance date in subdivision (13)(C) of this subsection.
The Subpart H system shall not receive the watershed control program treatment
credit unless the department has approved the Subpart H system's application
requesting approval to receive a 0.5 log Cryptosporidium treatment credit for
implementing a watershed control program. The Subpart H system's watershed
control program shall include the following elements in subclauses (I)(1)
through (4), inclusive, of this clause:
(1)
Identification of an ''area of influence'' outside of which the likelihood of
Cryptosporidium or fecal contamination affecting the treatment plant intake is
not significant. This is the area to be evaluated in future watershed surveys
under subclause (III)(2) of this clause.
(2) Identification of both potential and
actual sources of Cryptosporidium contamination and an assessment of the
relative impact of these sources on the source water quality of the Subpart H
system.
(3) An analysis of the
effectiveness and feasibility of control measures that could reduce
Cryptosporidium loading from sources of contamination to the source water of
the Subpart H system.
(4) A
statement of goals and specific actions the Subpart H system will undertake to
reduce source water Cryptosporidium levels. The plan shall explain how the
actions are expected to contribute to specific goals, identify watershed
partners and their roles, identify resource requirements and commitments, and
include a schedule for plan implementation with deadlines for completing
specific actions identified in the plan.
(II) A Subpart H system with a watershed
control program that was in place before January 5, 2006 is eligible to apply
to the department for approval to receive the 0.5 log Cryptosporidium treatment
credit for implementing a watershed control program. To obtain approval from
the department to receive such credit, the Subpart H system shall submit to the
department an application requesting approval of its watershed control program
that was in place before January 5, 2006. Such application shall include
documentation demonstrating that such watershed control plan meets the criteria
in subclause (I) of this clause, and shall specify ongoing and future actions
that will reduce source water Cryptosporidium levels. Such application shall be
submitted in accordance with subsection (t) of this section.
(III) A Subpart H system shall complete the
actions in subclauses (III)(1) through (3), inclusive, of this clause to
maintain the 0.5 log credit:
(1) Submit
annually to the department the Subpart H system's watershed control program
status report for department review and approval in accordance with subsection
(t) of this section. The annual watershed control program status report shall
describe the implementation by the Subpart H system of the department-approved
watershed control plan and assess the adequacy of the plan to meet the plan's
goals. The Subpart H system's annual watershed control program status report
shall also explain how the Subpart H system is addressing any shortcomings in
its implementation of the department-approved watershed control plan, including
those shortcomings previously identified by the department or as the result of
the watershed survey conducted under subclause (III)(2) of this clause. In
addition, the Subpart H system's annual watershed control program status report
shall describe any significant changes that have occurred in the watershed
since the last watershed sanitary survey. If a Subpart H system determines
during implementation of the Subpart H system's department-approved watershed
control plan that making a significant change to its watershed control program
is necessary, the Subpart H system shall submit an application to the
department requesting approval to make such changes prior to making any
changes. If any change is likely to reduce the level of source water
protection, the Subpart H system shall also list in the Subpart H system's
application the actions it will take to mitigate this effect.
(2) Undergo a watershed sanitary survey every
year for CWSs and non-community water systems that are Subpart H systems. In
conducting such survey, the CWS or non-community water system that is a Subpart
H system shall determine whether it is in compliance with the requirements in
section
19-13-B32
of the Regulations of Connecticut State Agencies. The CWS or non-community
water system that is a Subpart H system shall submit its survey to the
department for review and approval in accordance with subsection (t) of this
section. The CWS or non-community water system that is a Subpart H system shall
include with its survey information, including, but not limited to, whether the
CWS or non-community water system that is a Subpart H system is in compliance
with the requirements in section
19-13-B32
of the Regulations of Connecticut State Agencies. The survey shall be conducted
by a person whom the department has determined is competent to conduct such
survey. The CWS or non-community water system that is a Subpart H system shall
obtain department approval of the person prior to the person conducting such
survey. To obtain such approval, the CWS or non-community water system that is
a Subpart H system shall submit an application to the department requesting
approval of the person conducting its survey in accordance with subsection (t)
of this section. The survey of the CWS or non-community water system that is a
Subpart H system conducted under subclause (III)(2) of this clause may be used
by it to satisfy the survey or a portion of the survey required to be submitted
to the department under subsection (b) of this section.
(A) In order to receive department approval,
the watershed sanitary survey shall meet the following criteria: encompass the
region identified in the department-approved watershed control plan as the area
of influence; assess the implementation of actions to reduce source water
Cryptosporidium levels; and identify any significant new potential and actual
sources of Cryptosporidium.
(B) If,
in reviewing the watershed sanitary survey of the CWS or non-community water
system that is a Subpart H system, the department determines that significant
changes may have occurred in the watershed since the previous watershed
sanitary survey, the CWS or non-community water system that is a Subpart H
system shall undergo another watershed sanitary survey by a date the department
requires, which may be earlier than the regular watershed sanitary survey date
in subclause (III)(2) of this clause.
(3) The CWS or non-community water system
that is a Subpart H system shall make the department-approved watershed control
plan, annual status reports, and watershed sanitary survey reports available to
the public upon request. These documents shall be in a plain language style and
include criteria by which to evaluate the success of the program in achieving
plan goals. If a CWS or non-community water system that is a Subpart H system,
other than a CWS or non-community water system that is a Subpart H system owned
by the state or a municipality, wants to withhold from the public portions of
the department-approved annual status report, watershed control plan, or
watershed sanitary survey reports based on water supply security
considerations, it shall submit an application to the department requesting
approval to do so. If the CWS or non-community water system that is a Subpart H
system is owned or operated by the state or a municipality, the CWS or
non-community water system that is a Subpart H system may withhold all or
portions of the department-approved annual status report, watershed control
plan, or watershed sanitary survey reports as permitted under sections
1-200
through
1-242,
inclusive, of the Connecticut General Statutes. Such application shall include
the reason or reasons of the CWS or non-community water system that is a
Subpart H system for requesting to withhold such portions and shall be
submitted in accordance with subsection (t) of this section.
(IV) If the department determines
that a Subpart H system is not carrying out the approved watershed control
plan, the department may withdraw the watershed control program treatment
credit.
(ii) Alternative
source/intake management.
(I) A Subpart H
system seeking to conduct source water monitoring that reflects a different
intake location (either in the same source or for an alternate source) or a
different procedure for the timing or level of withdrawal from the source
(alternative source monitoring) shall submit an application to the department
requesting approval to do so. Such application shall include the reason or
reasons for requesting to conduct source water monitoring that reflects a
different intake location or a different procedure for the timing or level of
withdrawal from the source and shall be submitted in accordance with subsection
(t) of this section. If the department approves the application of the Subpart
H system, the Subpart H system may determine its bin classification under
subparagraph (A) of this subdivision based on the alternative source monitoring
results.
(II) If a Subpart H system
conducts alternative source monitoring approved by the department under
subclause (I) of this clause, the Subpart H system shall also monitor its
current plant intake concurrently as described in subsection (e)(7)(T)(ii) of
this section.
(III) To be approved
by the department under subclause (I) of this clause, the alternative source
monitoring shall meet the requirements for source monitoring to determine bin
classification, as described subsections (e)(7)(T)(ii) through (e)(7)(T)(vi),
inclusive, and (h)(9) of this section. A Subpart H system shall report the
alternative source monitoring results in writing to the department, along with
supporting information documenting the operating conditions under which the
samples were collected.
(IV) If a
Subpart H system determines its bin classification under subparagraph (A) of
this subdivision using alternative source monitoring results that reflect a
different intake location or a different procedure for managing the timing or
level of withdrawal from the source that was approved by the department, the
Subpart H system shall relocate the intake or permanently adopt the withdrawal
procedure, as applicable, not later than the applicable treatment compliance
date in subdivision (12)(C) of this subsection.
(C) Pre-filtration treatment toolbox options.
(i) Presedimentation. A Subpart H system that
has a presedimentation basin may submit an application to the department
requesting approval to receive a 0.5 log Cryptosporidium treatment credit for
the presedimentation basin during any month the process meets the criteria in
subclauses (I) through (III), inclusive, of this clause. Such application shall
include documentation demonstrating that the process meets the criteria in
subclauses (I) through (III), inclusive, of this clause, and shall be submitted
in accordance with subsection (t) of this section.
(I) The presedimentation basin shall be in
continuous operation and shall treat the entire plant flow taken from a surface
water or GWUDI source.
(II) The
Subpart H system shall continuously add a coagulant to the presedimentation
basin.
(III) The presedimentation
basin shall achieve the performance criteria in subclause (III)(1) or (2) of
this clause.
(1) Demonstrate at least 0.5 log
mean reduction of influent turbidity. This reduction shall be determined using
daily turbidity measurements in the presedimentation process influent and
effluent and shall be calculated as follows: log10 (monthly mean of daily
influent turbidity) - log10 (monthly mean of daily effluent
turbidity).
(2) The
presedimentation basin shall comply with department-approved performance
criteria that demonstrate at least 0.5 log mean removal of micron-sized
particulate material through the presedimentation process. In order for the
performance criteria to be department-approved, a Subpart H system shall submit
an application to the department requesting approval of the performance
criteria to demonstrate at least 0.5 log mean removal of micron-sized
particulate material through the presedimentation process and receive
department approval of such application. Such application shall be submitted in
accordance with subsection (t) of this section.
(ii) Two-stage lime softening. A Subpart H
system that has a two-stage lime softening plant may submit an application to
the department requesting approval to receive a 0.5 log Cryptosporidium
treatment credit for the two-stage lime softening plant. Such application shall
include documentation demonstrating that the chemical addition and hardness
precipitation occur in 2 separate and sequential softening stages prior to
filtration, and shall be submitted in accordance with subsection (t) of this
section. Both softening stages shall treat the entire plant flow taken from a
surface water or GWUDI source.
(iii) Bank filtration. A Subpart H system
that uses bank filtration that serves as pretreatment to a filtration plant may
submit an application to the department requesting approval to receive a
Cryptosporidium treatment credit for the bank filtration. Such application
shall include documentation demonstrating that the bank filtration of the
Subpart H system meets the criteria in subclauses (I) through (VII), inclusive,
of this clause, and shall be submitted in accordance with subsection (t) of
this section. A Subpart H system using bank filtration when it began source
water monitoring under
40 CFR
141.701(a) shall collect
samples as described in subsection (e)(7)(T)(iv)(IV) of this section and is not
eligible for this credit.
(I) The wells of a
Subpart H system with a ground water flow path of at least 25 feet are eligible
to receive a 0.5 log treatment credit; the wells of a Subpart H system with a
ground water flow path of at least 50 feet are eligible to receive a 1.0 log
treatment credit. The ground water flow path shall be determined as specified
in subclause (IV) of this clause.
(II) Only the wells of a Subpart H system in
granular aquifers are eligible to receive a treatment credit. Granular aquifers
are those comprised of sand, clay, silt, rock fragments, pebbles or larger
particles, and minor cement. A Subpart H system shall characterize in the
Subpart H system's application the aquifer at the well site to determine
aquifer properties. To do so, the Subpart H system shall extract a core from
the aquifer and demonstrate that in at least 90 percent of the core length,
grains less than 1.0 mm in diameter constitute at least 10 percent of the core
material.
(III) Only the horizontal
and vertical wells of a Subpart H system are eligible to receive a treatment
credit.
(IV) For vertical wells,
the ground water flow path is the measured distance from the edge of the
surface water body under high flow conditions (determined by the 100 year
floodplain elevation boundary or by the floodway, as defined in Federal
Emergency Management Agency flood hazard maps) to the well screen. For
horizontal wells, the ground water flow path is the measured distance from the
bed of the river under normal flow conditions to the closest horizontal well
lateral screen.
(V) A Subpart H
system shall monitor each wellhead for turbidity at least once every 4 hours
while the bank filtration process is in operation. If monthly average turbidity
levels, based on daily maximum values in the well, exceed 1 NTU, the Subpart H
system shall report this result to the department in writing pursuant to
subsection (h)(6)(B)(iii) of this section and shall conduct an assessment not
later than 30 days after such exceedance to determine the cause of the high
turbidity levels in the well. If the department determines that microbial
removal has been compromised, the department may revoke the department's
approval of the treatment credit until the Subpart H system implements
corrective actions approved by the department to remediate the problem. A
Subpart H system seeking approval of a corrective action shall submit an
application to the department requesting approval of such corrective actions in
accordance with subsection (t) of this section. The Subpart H system shall not
implement a corrective action unless the corrective action is approved by the
department.
(VI) Springs and
infiltration galleries are not eligible for treatment credit under this
subparagraph.
(VII) Bank filtration
demonstration of performance. A Subpart H system that uses bank filtration may
submit an application to the department requesting approval to receive a
Cryptosporidium treatment credit for the bank filtration if its demonstration
of performance study meets the criteria in subclauses (VII)(1) and (2) of this
clause. Such application shall include documentation demonstrating that the
Subpart H system's demonstration of performance study meets the requirements of
subclauses (VII)(1) and (2) of this clause, and shall be submitted in
accordance with subsection (t) of this section. The treatment credit, if
approved by the department, may be greater than 1.0 log and may be approved by
the department for bank filtration that does not meet the criteria in
subclauses (I) through (V), inclusive, of this clause.
(1) The study shall follow a
department-approved protocol and shall involve the collection of data on the
removal of Cryptosporidium or a surrogate for Cryptosporidium and related
hydrogeologic and water quality parameters during the full range of operating
conditions. To request approval of the protocol of the Subpart H system, the
Subpart H system shall submit an application to the department in accordance
with subsection (t) of this section. The study shall not follow such protocol
unless the protocol is approved by the department.
(2) The study shall include sampling both
from the production well(s) and from monitoring wells that are screened and
located along the shortest flow path between the surface water source and the
production well(s).
(D) Treatment performance toolbox options.
(i) Combined filter performance. A Subpart H
system that uses conventional filtration treatment or direct filtration
treatment may submit an application to the department in accordance with
subsection (t) of this section requesting approval to receive an additional 0.5
log Cryptosporidium treatment credit during any month the combined filter
effluent (CFE) turbidity of the Subpart H system is less than or equal to 0.15
NTU in at least 95 percent of the measurements. Such application shall include
documentation demonstrating that the CFE turbidity of the Subpart H system is
less than or equal to 0.15 NTU in at least 95 percent of the measurement.
Turbidity shall be measured as described in
40 CFR
141.74(a) and (c), as
amended from time to time.
(ii)
Individual filter performance. A Subpart H system that uses conventional
filtration treatment or direct filtration treatment may submit an application
to the department requesting approval to receive 0.5 log Cryptosporidium
treatment credit, which can be in addition to the 0.5 log credit under clause
(i) of this subparagraph, during any month the Subpart H system meets the
criteria in subclauses (I) through (III), inclusive, of this clause. Such
application shall include documentation demonstrating that the Subpart H system
met the criteria in subclauses (I) through (III), inclusive, of this clause and
shall be submitted in accordance with subsection (t) of this section.
Compliance with the criteria in subclauses (I) through (III), inclusive, of
this clause shall be based on individual filter turbidity monitoring as
described in subsection (e)(7)(S)(i) of this section.
(I) The filtered water turbidity for each
individual filter shall be less than or equal to 0.15 NTU in at least 95
percent of the measurements recorded each month.
(II) No individual filter may have a measured
turbidity greater than 0.3 NTU in 2 consecutive measurements taken 15 minutes
apart.
(III) Any Subpart H system
that has received a treatment credit for individual filter performance and
fails to meet the requirements in subclause (I) or (II) of this clause during
any month may submit an application to the department requesting that the
department grant the Subpart H system a waiver from such requirements and not
find the Subpart H system in violation of the treatment technique requirements
pursuant to subdivision (12)(B)(iv) of this subsection. Such application shall
include documentation demonstrating that the Subpart H system has satisfied the
criteria in subclauses (III)(1) and (2) of this clause and shall be submitted
in accordance with subsection (t) of this section. The department may issue
such waiver if the department determines that:
(1) The failure was due to unusual and
short-term circumstances that could not reasonably be prevented through
optimizing treatment plant design, operation, and maintenance; and
(2) The Subpart H system has experienced no
more than 2 such failures in any calendar year.
(E) Additional filtration toolbox
options.
(i) Bag and cartridge filters. A
Subpart H system that uses individual bag or cartridge filters or bag or
cartridge filters operated in series may submit an application to the
department requesting approval to receive a Cryptosporidium treatment credit of
up to 2 log and up to 2.5 log, respectively. To be eligible for this credit,
the bag and cartridge filters of the Subpart H system shall meet the criteria
in subclauses (I) through (X), inclusive, of this clause. The Subpart H system
shall submit an application to the department in accordance with subsection (t)
of this section and shall include with the application documentation
demonstrating that the results of challenge testing meet the requirements of
subclauses (II) through (IX), inclusive, of this clause, the filters treat the
entire plant flow taken from a surface water or GWUDI source, or both, and the
bag and cartridge filters of the Subpart H system meet the following criteria:
(I) The department-approved Cryptosporidium
treatment credit awarded to bag or cartridge filters shall be based on the
removal efficiency demonstrated during challenge testing that is conducted
according to the criteria in subclauses (II) through (IX), inclusive, of this
clause. A factor of safety equal to 1 log for individual bag or cartridge
filters and 0.5 log for bag or cartridge filters in series shall be applied to
challenge testing results to determine removal credit. A Subpart H system that
conducted challenge testing prior to January 5, 2006 may submit an application
to the department requesting approval to use the results from such challenge
testing. Such application shall include documentation demonstrating that the
prior testing was consistent with the criteria specified in subclauses (II)
through (IX), inclusive, of this clause, and shall be submitted in accordance
with subsection (t) of this section. The department shall only approve the use
of such results if the prior testing was consistent with the criteria specified
in subclauses (II) through (IX), inclusive, of this clause.
(II) Challenge testing shall be performed on
full-scale bag or cartridge filters, and the associated filter housing or
pressure vessel, that are identical in material and construction to the filters
and housings the Subpart H system will use for removal of Cryptosporidium. Bag
or cartridge filters shall be challenge tested in the same configuration that
the Subpart H system will use, either as individual filters or as a series
configuration of filters.
(III)
Challenge testing shall be conducted using Cryptosporidium or a surrogate that
is removed no more efficiently than Cryptosporidium. The microorganism or
surrogate used during challenge testing is referred to as the challenge
particulate. The concentration of the challenge particulate shall be determined
using a method capable of discreetly quantifying the specific microorganism or
surrogate used in the test. Gross measurements such as turbidity shall not be
used.
(IV) The maximum feed water
concentration that can be used during a challenge test shall be based on the
detection limit of the challenge particulate in the filtrate (i.e., filtrate
detection limit) and shall be calculated using the following equation: Maximum
Feed Concentration = 1 x 104 x (Filtrate Detection Limit).
(V) Challenge testing shall be conducted at
the maximum design flow rate for the filter as specified by the
manufacturer.
(VI) Each filter
evaluated shall be tested for a duration sufficient to reach 100 percent of the
terminal pressure drop, which establishes the maximum pressure drop under which
the filter may be used to comply with the requirements of this subdivision,
subdivision (12) of this subsection and subsections (e)(7)(T), (h)(9), and
(i)(5) of this section.
(VII)
Removal efficiency of a filter shall be determined from the results of the
challenge test and expressed in terms of log removal values using the following
equation:
LRV = LOG10(Cf) - LOG10(Cp)
Where:
LRV = log removal value demonstrated during challenge
testing; Cf = the feed concentration measured during the challenge test; and Cp
= the filtrate concentration measured during the challenge test. In applying
this equation, the same units shall be used for the feed and filtrate
concentrations. If the challenge particulate is not detected in the filtrate,
then the term Cp shall be set equal to the detection limit.
(VIII) Each filter tested shall be challenged
with the challenge particulate during 3 periods over the filtration cycle: not
later than 2 hours after start-up of a new filter; when the pressure drop is
between 45 percent and 55 percent of the terminal pressure drop; and at the end
of the cycle after the pressure drop has reached 100 percent of the terminal
pressure drop. An LRV shall be calculated for each of these challenge periods
for each filter tested. The LRV for the filter (LRVfilter) shall be assigned
the value of the minimum LRV observed during the 3 challenge periods for that
filter.
(IX) If fewer than 20
filters are tested, the overall removal efficiency for the filter product line
shall be set equal to the lowest LRVfilter among the filters tested. If 20 or
more filters are tested, the overall removal efficiency for the filter product
line shall be set equal to the 10th percentile of the set of LRVfilter values
for the various filters tested. The percentile is defined by (i/(n+1)) where i
is the rank of n individual data points ordered lowest to highest. If
necessary, the 10th percentile may be calculated using linear
interpolation.
(X) If a previously
tested filter is modified in a manner that could change the removal efficiency
of the filter product line, the Subpart H system shall conduct challenge
testing to demonstrate the removal efficiency of the modified filter and shall
submit an application to the department requesting approval of such modified
filter. Such application shall include the reason or reasons for such request,
including the results of the challenge testing, and shall be submitted in
accordance with subsection (t) of this section.
(ii) Membrane filtration.
(I) A Subpart H system that uses membrane
filtration that meets the criteria in this clause and the definition of
membrane filtration in subsection (a) of this section may submit an application
to the department requesting approval to receive a Cryptosporidium treatment
credit. Such application shall include documentation demonstrating that the
membrane filtration meets the criteria specified in this clause and the
definition of membrane filtration in subsection (a) of this section, and shall
be submitted in accordance with subsection (t) of this section. The level of
treatment credit the department approves is equal to the lower of the values
determined under this subclause (I)(1) and (2) of this clause.
(1) The removal efficiency demonstrated
during challenge testing conducted under the conditions in subclause (II) of
this clause.
(2) The maximum
removal efficiency that can be verified through direct integrity testing used
with the membrane filtration process in subclause (III) of this
clause.
(II) Challenge
testing. The membrane used by the Subpart H system shall undergo challenge
testing to evaluate removal efficiency, and the Subpart H system shall report
the results of challenge testing to the department for review and approval in
accordance with subsection (t) of this section. Challenge testing shall be
conducted according to the criteria in subclauses (II)(1) through (7),
inclusive, of this clause. A Subpart H system that conducted challenge testing
prior to January 5, 2006 may submit the results from such challenge testing to
the department for review and approval in accordance with subsection (t) of
this section. The Subpart H system shall include with the results of its
challenge testing that occurred prior to January 5, 2006, documentation
demonstrating that the prior testing was consistent with the criteria specified
in subclauses (II)(1) through (7), inclusive, of this clause. The department
shall only approve the use of such results if the prior testing was consistent
with the criteria specified in subclauses (II)(1) through (7), inclusive, of
this clause.
(1) Challenge testing shall be
conducted on either a full-scale membrane module that is identical in material
and construction to the membrane modules used in the treatment facility of the
Subpart H system or a smaller-scale membrane module that is identical in
material and similar in construction to the full-scale module. A module is
defined as the smallest component of a membrane unit in which a specific
membrane surface area is housed in a device with a filtrate outlet
structure.
(2) Challenge testing
shall be conducted using Cryptosporidium oocysts or a surrogate that is removed
no more efficiently than Cryptosporidium oocysts. The organism or surrogate
used during challenge testing is referred to as the challenge particulate. The
concentration of the challenge particulate, in both the feed and filtrate
water, shall be determined using a method capable of discretely quantifying the
specific challenge particulate used in the test. Gross measurements such as
turbidity shall not be used.
(3)
The maximum feed water concentration that can be used during a challenge test
is based on the detection limit of the challenge particulate in the filtrate
and shall be determined according to the following equation: Maximum Feed
Concentration = 3.16 x 106 x (Filtrate Detection Limit).
(4) Challenge testing shall be conducted
under representative hydraulic conditions at the maximum design flux and
maximum design process recovery specified by the manufacturer for the membrane
module. Flux is defined as the throughput of a pressure driven membrane process
expressed as flow per unit of membrane area. Recovery is defined as the
volumetric percent of feed water that is converted to filtrate over the course
of an operating cycle uninterrupted by events such as chemical cleaning or a
solids removal process (i.e., backwashing).
(5) Removal efficiency of a membrane module
shall be calculated from the challenge test results and expressed as a log
removal value according to the following equation:
LRV = LOG10(Cf) x LOG10(Cp)
Where:
LRV = log removal value demonstrated during the challenge
test; Cf = the feed concentration measured during the challenge test; and Cp =
the filtrate concentration measured during the challenge test. Equivalent units
shall be used for the feed and filtrate concentrations. If the challenge
particulate is not detected in the filtrate, the term Cp is set equal to the
detection limit for the purpose of calculating the LRV. An LRV shall be
calculated for each membrane module evaluated during the challenge test.
(6) The removal efficiency of a
membrane filtration process demonstrated during challenge testing shall be
expressed as a log removal value (LRVC-Test). If fewer than 20 modules are
tested, then LRVC-Test is equal to the lowest of the representative LRVs among
the modules tested. If 20 or more modules are tested, then LRVC-Test is equal
to the 10th percentile of the representative LRVs among the modules tested. The
percentile is defined by (i/(n+1)) where i is the rank of n individual data
points ordered lowest to highest. If necessary, the 10th percentile may be
calculated using linear interpolation.
(7) The challenge test shall establish a
quality control release value (QCRV) for a non-destructive performance test
that demonstrates the Cryptosporidium removal capability of the membrane
filtration module. This performance test shall be applied to each production
membrane module used by the Subpart H system that was not directly challenge
tested in order to verify Cryptosporidium removal capability. Production
modules that do not meet the established QCRV are not eligible for the
treatment credit demonstrated during the challenge test.
(8) If a previously tested membrane is
modified in a manner that could change the removal efficiency of the membrane
or the applicability of the non-destructive performance test and associated
QCRV, additional challenge testing to demonstrate the removal efficiency of,
and determine a new QCRV for, the modified membrane shall be conducted. The
Subpart H system shall submit an application to the department in accordance
with subsection (t) of this section requesting approval of the modified
membrane.
(III) Direct
integrity testing. Subpart H systems shall conduct direct integrity testing in
a manner that demonstrates a removal efficiency equal to or greater than the
removal credit approved by the department for the membrane filtration process
and shall meet the requirements described in subclauses (III)(1) through (6),
inclusive, of this clause.
(1) The direct
integrity test shall be independently applied to each membrane unit in service.
A membrane unit is defined as a group of membrane modules that share common
valving that allows the unit to be isolated from the rest of the Subpart H
system for the purpose of integrity testing or other maintenance.
(2) The direct integrity method shall have a
resolution of 3 micrometers or less, where resolution is defined as the size of
the smallest integrity breach that contributes to a response from the direct
integrity test.
(3) The direct
integrity test shall have a sensitivity sufficient to verify the log treatment
credit approved by the department for the membrane filtration process of
Subpart H system where sensitivity is defined as the maximum log removal value
that can be reliably verified by a direct integrity test. Sensitivity shall be
determined using the approach in either subclause (III)(3)(A) or (B) of this
clause that is applicable to the type of direct integrity test the Subpart H
system uses:
(A) For direct integrity tests
that use an applied pressure or vacuum, the direct integrity test sensitivity
shall be calculated according to the following equation:
LRVDIT = LOG10(Qp /(VCF x Qbreach))
Where:
LRVDIT = the sensitivity of the direct integrity test; Qp =
total design filtrate flow from the membrane unit; Qbreach = flow of water from
an integrity breach associated with the smallest integrity test response that
can be reliably measured, and VCF = volumetric concentration factor. The
volumetric concentration factor is the ratio of the suspended solids
concentration on the high pressure side of the membrane relative to that in the
feed water.
(B) For direct
integrity tests that use a particulate or molecular marker, the direct
integrity test sensitivity shall be calculated according to the following
equation:
LRVDIT = LOG10(Cf) - LOG10(Cp)
Where:
LRVDIT = the sensitivity of the direct integrity test; Cf =
the typical feed concentration of the marker used in the test; and Cp = the
filtrate concentration of the marker from an integral membrane unit.
(4) Subpart H systems
shall establish a control limit within the sensitivity limits of the direct
integrity test that is indicative of an integral membrane unit capable of
meeting the removal credit approved by the department.
(5) If the result of a direct integrity test
exceeds the control limit established under subclause (III)(4) of this clause,
the Subpart H system shall remove the membrane unit from service. Subpart H
systems shall conduct a direct integrity test to verify any repairs, and may
return the membrane unit to service only if the direct integrity test is within
the established control limit.
(6)
Subpart H systems shall conduct direct integrity testing on each membrane unit
at a frequency of not less than once each day that the membrane unit is in
operation. The Subpart H system may submit an application to the department
requesting approval to conduct less frequent testing. Such application shall
include documentation of demonstrated process reliability, the use of multiple
barriers effective for Cryptosporidium or reliable process safeguards, and
shall be submitted in accordance with subsection (t) of this section.
(IV) Indirect integrity
monitoring. Subpart H systems shall conduct continuous indirect integrity
monitoring on each membrane unit according to the criteria in subclauses
(IV)(1) through (5), inclusive, of this clause. Indirect integrity monitoring
is defined as monitoring some aspect of filtrate water quality that is
indicative of the removal of particulate matter. A Subpart H system that
implements continuous direct integrity testing of membrane units in accordance
with the criteria in subclauses (III)(1) through (5), inclusive, of this clause
is not subject to the requirements for continuous indirect integrity
monitoring. Subpart H systems shall submit a monthly report to the department
for department approval summarizing all continuous indirect integrity
monitoring results triggering direct integrity testing and the corrective
action that was taken in each case. Such report shall be submitted in
accordance with subsection (t) of this section.
(1)Unless the department approves an
alternative parameter, continuous indirect integrity monitoring shall include
continuous filtrate turbidity monitoring. A Subpart H system seeking to use an
alternative parameter shall submit an application to the department requesting
such approval in accordance with subsection (t) of this section. The Subpart H
system shall not use an alternative parameter unless the alternative parameter
is approved by the department.
(2)
Continuous monitoring shall be conducted at a frequency of not less than once
every 15 minutes.
(3) Continuous
monitoring shall be separately conducted on each membrane unit.
(4) If indirect integrity monitoring includes
turbidity and if the filtrate turbidity readings are above 0.15 NTU for a
period greater than 15 minutes (i.e., 2 consecutive 15-minute readings above
0.15 NTU), direct integrity testing shall immediately be performed on the
associated membrane unit as specified in subclauses (III)(1) through (5),
inclusive, of this clause.
(5) If
indirect integrity monitoring includes a department-approved alternative
parameter and if the alternative parameter exceeds a department-approved
control limit for a period greater than 15 minutes, direct integrity testing
shall immediately be performed on the associated membrane units as specified in
subclauses (III)(1) through (5), inclusive, of this clause.
(iii) Second stage
filtration. A Subpart H system that uses a separate second stage of filtration
that consists of rapid sand, dual media, granular activated carbon, or other
fine grain media following granular media filtration may submit an application
to the department requesting approval to receive a 0.5 log Cryptosporidium
treatment credit. Such application shall include documentation demonstrating
that the first stage of filtration is preceded by a coagulation step and that
both filtration stages treat the entire plant flow from a surface water or
GWUDI source, and shall be submitted in accordance with subsection (t) of this
section. A Subpart H system is not eligible for this credit if it uses a cap,
such as granular activated carbon, on the single stage of filtration. In
determining whether to approve the application, the department shall conduct an
assessment of the design characteristics of the filtration process.
(iv) Slow sand filtration as secondary
filter. A Subpart H system that uses a slow sand filtration process that
follows a separate stage of filtration and both filtration stages treat entire
plant flow taken from a surface water or GWUDI source and no disinfectant
residual is present in the influent water to the slow sand filtration process
may submit an application to the department requesting approval to receive a
2.5 log Cryptosporidium treatment credit. Such application shall include the
reason or reasons for such request and shall be submitted in accordance with
subsection (t) of this section. In determining whether or not to approve the
application, the department shall assess the design characteristics of the
filtration process. This clause does not apply to a treatment credit approved
by the department for slow sand filtration used as a primary filtration
process.
(F)
Inactivation toolbox components.
(i)
Calculation of CT values for chlorine dioxide and ozone.
(I) Subpart H systems with a
department-approved treatment credit for chlorine dioxide or ozone under clause
(ii) or (iii) of this subparagraph shall calculate CT at least once each day,
as specified in
40 CFR
141.74(a) through (b), as
amended from time to time.
(II)
Subpart H systems with several disinfection segments in sequence may calculate
CT for each segment, where a disinfection segment is defined as a treatment
unit process with a measurable disinfectant residual level and a liquid volume.
Under this approach, Subpart H systems shall add the Cryptosporidium CT values
in each segment to determine the total CT for the treatment plant.
(ii) CT values for chlorine
dioxide and ozone.
(I) A Subpart H system that
uses chlorine dioxide that meets the chlorine dioxide CT values for the
applicable water temperature, as described in clause (i) of this subparagraph,
may submit an application to the department requesting approval to receive the
corresponding Cryptosporidium treatment credit listed in Table 13-F1 of this
subclause. Such application shall be submitted in accordance with subsection
(t) of this section.
TABLE 13-F1. CT VALUES (mg-min/l) FOR CRYPTOSPORIDIUM
INACTIVATION BY CHLORINE DIOXIDE.1
LOG CREDIT |
WATER TEMPERATURE (DEGREES IN
CELSIUS) |
less than 0.5 |
1 |
2 |
3 |
5 |
7 |
10 |
15 |
20 |
25 |
30 |
0.25 |
159 |
153 |
140 |
128 |
107 |
90 |
69 |
45 |
29 |
19 |
12 |
0.5 |
319 |
305 |
279 |
256 |
214 |
180 |
138 |
89 |
58 |
38 |
24 |
1.0 |
637 |
610 |
558 |
511 |
429 |
360 |
277 |
179 |
116 |
75 |
49 |
1.5 |
956 |
915 |
838 |
767 |
643 |
539 |
415 |
268 |
174 |
113 |
73 |
2.0 |
1275 |
1220 |
1117 |
1023 |
858 |
719 |
553 |
357 |
232 |
150 |
98 |
2.5 |
1594 |
1525 |
1396 |
1278 |
1072 |
899 |
691 |
447 |
289 |
188 |
122 |
3.0 |
1912 |
1830 |
1675 |
1534 |
1286 |
1079 |
830 |
536 |
347 |
226 |
147 |
1 Subpart H systems may use this
equation to determine log credit between the indicated values: Log credit =
(0.001506 x (1.09116) Temp) x CT.
(II) A Subpart H system that uses ozone that
meets the ozone CT values for the applicable water temperature, as described in
clause (i) of this subparagraph, may submit an application to the department
requesting approval to receive the corresponding Cryptosporidium treatment
credit listed in Table 13-F2 of this subclause. Such application shall be
submitted in accordance with subsection (t) of this section.
TABLE 13-F2. CT VALUES (mg-min/l) FOR CRYPTOSPORIDIUM
INACTIVATION BY OZONE1
LOG CREDIT |
WATER TEMPERATURE (DEGREES IN
CELSIUS) |
less than 0.5 |
1 |
2 |
3 |
5 |
7 |
10 |
15 |
20 |
25 |
30 |
0.25 |
6.0 |
5.8 |
5.2 |
4.8 |
4.0 |
3.3 |
2.5 |
1.6 |
1.0 |
0.6 |
0.39 |
0.5 |
12 |
12 |
10 |
9.5 |
7.9 |
6.5 |
4.9 |
3.1 |
2.0 |
1.2 |
0.78 |
1.0 |
24 |
23 |
21 |
19 |
16 |
13 |
9.9 |
6.2 |
3.9 |
2.5 |
1.6 |
1.5 |
36 |
35 |
31 |
29 |
24 |
20 |
15 |
9.3 |
5.9 |
3.7 |
2.4 |
2.0 |
48 |
46 |
42 |
38 |
32 |
26 |
20 |
12 |
7.8 |
4.9 |
3.1 |
2.5 |
60 |
58 |
52 |
48 |
40 |
33 |
25 |
16 |
9.8 |
6.2 |
3.9 |
3.0 |
72 |
69 |
63 |
57 |
47 |
39 |
30 |
19 |
12 |
7.4 |
4.7 |
1 Subpart H systems may use this
equation to determine log credit between the indicated values: Log credit =
(0.0397 x (1.09757) Temp) x CT.
(iii) Ultraviolet (UV). A Subpart H system
that uses UV light reactors may submit an application to the department
requesting approval to receive a Cryptosporidium, Giardia lamblia and virus
treatment credits. Such application shall include documentation demonstrating
that the Subpart H system is achieving the corresponding UV dose values shown
in subclause (I) of this clause, and shall be submitted in accordance with
subsection (t) of this section. Subpart H systems shall also include
documentation demonstrating that the Subpart H system is achieving a particular
UV dose value for treatment credit based on its validation and monitoring of
its UV reactors as described in subclauses (II) and (III) of this clause.
(I) UV dose table. The treatment credits
listed in Table 13-F3 of this subclause are for UV light at a wavelength of 254
nm as produced by a low pressure mercury vapor lamp. To obtain department
approval to receive treatment credit for other lamp types, Subpart H systems
shall demonstrate in the application submitted to the department an equivalent
germicidal dose through reactor validation testing, as described in subclause
(II) of this clause. The UV dose values in Table 13-F3 of this subclause are
only applicable to post-filter applications in Subpart H systems.
TABLE 13-F3. UV DOSE TABLE FOR CRYPTOSPORIDIUM, GIARDIA
LAMBLIA, AND VIRUS INACTIVATION CREDIT
LOG CREDIT |
CRYPTOSPORIDIUM UV DOSE
(MJ/CM2) |
GIARDIA LAMBLIA UV DOSE
(MJ/CM2) |
VIRUS
UV DOSE
(MJ/CM2) |
0.5 |
1.6 |
1.5 |
39 |
1.0 |
2.5 |
2.1 |
58 |
1.5 |
3.9 |
3.0 |
79 |
2.0 |
5.8 |
5.2 |
100 |
2.5 |
8.5 |
7.7 |
121 |
3.0 |
12 |
11 |
143 |
3.5 |
15 |
15 |
163 |
4.0 |
22 |
22 |
186 |
(II) Reactor validation testing. Subpart H
systems shall use UV reactors that have undergone validation testing to
determine the operating conditions under which the reactor delivers the UV dose
required in subclause (I) of this clause (i.e., validating operating
conditions). These operating conditions shall include flow rate, UV intensity
as measured by a UV sensor, and UV lamp status.
(1) When determining validated operating
conditions, Subpart H systems shall account for the following factors: UV
absorbance of the water; lamp fouling and aging; measurement uncertainty of
on-line sensors; UV dose distributions arising from the velocity profiles
through the reactor; failure of UV lamps or other critical system components;
and inlet and outlet piping or channel configurations of the UV
reactor.
(2) Validation testing
shall include the following: Full scale testing of a reactor that conforms
uniformly to the UV reactors used by the Subpart H system and inactivation of a
test microorganism whose dose response characteristics have been quantified
with a low pressure mercury vapor lamp.
(III) Reactor monitoring.
(1) A Subpart H system shall monitor its UV
reactors to determine if the reactors are operating within validated
conditions, as determined under subclause (II) of this clause. This monitoring
shall include UV intensity as measured by a UV sensor, flow rate, lamp status,
and any other parameters identified by the department as necessary to determine
if the UV reactors of the Subpart H system are operating within validated
conditions. Subpart H systems shall verify the calibration of UV sensors and
shall recalibrate sensors in accordance with a protocol the department
approves. To request approval of a protocol, the Subpart H system shall submit
an application to the department requesting approval of its protocol in
accordance with subsection (t) of this section.
(2) To receive treatment credit for UV light,
Subpart H systems shall treat at least 95 percent of the water delivered to the
public during each month by UV reactors operating within validated conditions
for the required UV dose, as described in subclauses (I) and (II) of this
clause. Subpart H systems shall demonstrate compliance with this condition by
the monitoring required under this subclause (III)(1) of this clause.
(14) Corrective action treatment techniques.
(A) The treatment technique requirements in
this subdivision shall be met by ground water systems when a ground water
source sample or samples collected under subsection (e)(12)(C)(iii) of this
section is fecal indicator-positive. In addition, the treatment technique
requirements of this subdivision shall be met by ground water systems when a
ground water source sample collected under subsection (e)(12)(C)(ii) or
(e)(12)(C)(iv) of this section is fecal indicator-positive, if the department
determines that such ground water system shall meet such requirements.
(i) Corrective action alternatives. A ground
water system that has a ground water source sample or samples collected under
subsection (e)(12)(C)(iii) of this section that is fecal indicator-positive
shall implement 1 or more of the corrective actions in subclauses (I) through
(IV), inclusive, of this clause. In addition, if the department determines that
a ground water system that has a ground water source sample or samples
collected under subsection (e)(12)(C)(ii) or (e)(12)(C)(iv) of this section
that is fecal indicator-positive shall implement a corrective action, then the
ground water system shall implement 1 or more of the corrective actions in
subclauses (I) through (IV), inclusive, of this clause:
(I) Correct all significant
deficiencies;
(II) Provide an
alternate source of water;
(III)
Eliminate the source of contamination; or
(IV) Provide treatment that reliably achieves
at least 4 log (99.99 percent) treatment of viruses using inactivation,
removal, or a department-approved combination of 4 log virus inactivation and
removal before or at the first consumer for the ground water source.
(ii) Unless the department directs
the ground water system to implement a specific corrective action, the ground
water system shall consult with the department regarding the appropriate
corrective action not later than 30 days after receiving written notice from a
laboratory that a ground water source sample or samples collected under
subsection (e)(12)(C)(iii) of this section was found to be fecal
indicator-positive or direction in writing from the department that a fecal
indicator-positive sample collected under subsection (e)(12)(C)(ii) or
(e)(12)(C)(iv) of this section requires corrective action.
(iii) Not later than 60 days after receiving
direction in writing from the department regarding implementation of a specific
corrective action, written notice from the laboratory regarding a fecal
indicator-positive sample or samples, collected under subsection
(e)(12)(C)(iii) of this section, or direction in writing from the department
that a fecal indicator-positive sample, collected under subsection
(e)(12)(C)(ii) or (e)(12)(C)(iv) of this section, requires corrective action,
the ground water system shall submit an application to the department
requesting approval of the corrective action that the ground water system will
take to address the fecal indicator-positive sample or samples, and include a
proposed schedule for completing that action. Such application shall be
submitted in accordance with subsection (t) of this section. If the department
approves such application, such application shall constitute the
department-approved corrective action plan as referenced in clause (iv) of this
subparagraph.
(iv) Not later than
120 days (or earlier if directed by the department) after receiving direction
in writing from the department regarding implementation of a specific
corrective action, written notice from the laboratory regarding a fecal
indicator-positive sample or samples, collected under subsection
(e)(12)(C)(iii) of this section, or direction in writing from the department
that a fecal indicator-positive sample, collected under subsection
(e)(12)(C)(ii) or (e)(12)(C)(iv) of this section, requires corrective action,
the ground water system shall either:
(I) Have
completed corrective action in accordance with the department-approved
corrective action plan and schedule, including department-specified interim
measures, if any; or
(II) Be in
compliance with a department-approved corrective action plan and schedule,
subject to the conditions specified in subclause (II)(1) and (2), inclusive, of
this clause.
(1) Any subsequent modifications
to a department-approved corrective action plan and schedule shall also be
approved by the department. The ground water system shall submit an application
to the department requesting approval of the subsequent modifications to a
department-approved corrective action plan and schedule in accordance with
subsection (t) of this section.
(2)
If the department requires the ground water system to implement specific
interim measures for protection of public health pending department approval of
the corrective action plan and schedule or pending completion of the corrective
action plan, the ground water system shall comply with these interim measures
as well as any schedule specified by the department. For purposes of this
subdivision, interim measures include, but are not limited to, the following:
(A) Provision of an alternate source of
water;
(B) Notice to consumers to
boil all water to be used for consumption;
(C) Temporary disinfection of water in a
manner prescribed by the department; and
(D) Inactivation of a water source or
sources.
(B) Compliance monitoring.
(i) Existing ground water sources.
(I) A ground water system seeking approval
from the department that the ground water system is not subject to the source
water monitoring requirements of subsection (e)(12) of this section because the
ground water system provides at least 4 log treatment of viruses using
inactivation, removal, or a department-approved combination of 4 log virus
inactivation and removal before or at the first consumer for a specified ground
water source or sources shall submit to the department an application
requesting such approval. Such application shall include documentation
demonstrating that the ground water system provides at least 4 log treatment of
viruses using inactivation, removal, or a department-approved combination of 4
log virus inactivation and removal before or at the first consumer for a
specified ground water source or sources, including, but not limited to,
engineering, operational, or other information that the department may require
to enable the department to evaluate the ground water system's 4 log treatment
of viruses, and shall be submitted in accordance with subsection (t) of this
section. If the department approves the ground water system's application, the
ground water system shall begin compliance monitoring of the specified ground
water source or sources in accordance with clause (iii) of this subparagraph.
The department's approval shall state the required minimum RDC, or the required
minimum RDC and the required minimum CT value, that the ground water system
shall maintain every day the ground water system serves water from the ground
water source to the public. If a ground water system maintains the RDC at or
above the ground water system's required minimum RDC, no CT value calculation
is required. If a ground water system fails to maintain the RDC at or above the
ground water system's required minimum RDC, the ground water system may submit
an application to the department under clause (iii)(I)(1) or (2) of this
subparagraph requesting a determination as to whether the ground water system
is providing at least 4 log treatment of viruses using inactivation, removal,
or a department-approved combination of 4 log virus inactivation and
removal.
(II) The department may
require a ground water system that subsequently discontinues the
department-approved 4 log treatment of viruses using inactivation, removal, or
a department-approved combination of 4 log virus inactivation and removal
before or at the first consumer for the specified ground water source to
conduct assessment source water monitoring under subsection (e)(12)(D)(ii) of
this section. A ground water system that discontinues 4 log treatment of
viruses shall comply with the source water monitoring requirements in
subsection (e)(12)(C) of this section and analytical methods requirements in
subsection (e)(12)(E) of this section.
(ii) New ground water sources. A ground water
system that places a new ground water source in service that is not subject to
the source water monitoring requirements of subsection (e)(12) of this section
because the ground water system provides at least 4 log treatment of viruses
using inactivation, removal, or a department-approved combination of 4 log
virus inactivation and removal before or at the first consumer for the ground
water source shall comply with the following requirements:
(I) The ground water system shall submit an
application to the department requesting approval from the department that the
ground water system is not subject to the source water monitoring requirements
of subsection (e)(12) of this section because the ground water system provides
at least 4 log treatment of viruses using inactivation, removal, or a
department-approved combination of 4 log virus inactivation and removal before
or at the first consumer for the specified ground water source. Such
application shall include documentation demonstrating that the ground water
system provides at least 4 log treatment of viruses using inactivation,
removal, or a department-approved combination of 4 log virus inactivation and
removal before or at the first consumer for a specified ground water source or
sources, including, but not limited to, engineering, operational, or other
information that the department may require to enable the department to
evaluate the ground water system's 4 log treatment of viruses, and shall be
submitted in accordance with subsection (t) of this section. The department's
approval shall state the required minimum RDC, or the required minimum RDC and
required minimum CT value, the ground water system shall maintain every day the
ground water system serves water from the ground water source to the public. If
a ground water system maintains the RDC at or above the ground water system's
required minimum RDC, no CT value calculation is required. If a ground water
system fails to maintain the RDC at or above the ground water system's required
minimum RDC, the ground water system may submit an application to the
department pursuant to clause (iii)(I)(1) or (2) of this subparagraph
requesting a determination as to whether the ground water system is providing
at least 4 log treatment of viruses using inactivation, removal, or a
department-approved combination of 4 log virus inactivation and
removal.
(II) If the department
approves the ground water system's application submitted under subclause (I) of
this clause, the ground water system shall conduct compliance monitoring in
accordance with clause (iii) of this subparagraph not later than 30 days after
placing the ground water source in service.
(III) The department may require a ground
water system that subsequently discontinues the department-approved 4 log
treatment of viruses using inactivation, removal, or a department-approved
combination of 4 log virus inactivation and removal before or at the first
consumer for a ground water source to conduct assessment source water
monitoring under subsection (e)(12)(D)(ii) of this section. A ground water
system that discontinues 4 log treatment of viruses is subject to the triggered
source water monitoring requirements of subsection (e)(12)(C) of this section
and analytical methods requirements in subsection (e)(12)(E) of this
section.
(iii)
Monitoring requirements. A ground water system subject to the requirements of
subparagraph (A) of this subdivision, clause (i) or (ii) of this subparagraph
or subsection (e)(7)(E)(iv)(II)(4) of this section shall monitor the
effectiveness and reliability of treatment for such ground water source before
or at the first consumer as follows in subclauses (I) through (III), inclusive,
of this clause:
(I) Chemical disinfection.
(1) Ground water systems serving greater than
3,300 people. A ground water system that serves greater than 3,300 people shall
submit an application to the department requesting approval of the location at
which the ground water system will monitor the RDC and CT value, if the
department has stated a required minimum CT value. Such application shall be
submitted in accordance with subsection (t) of this section. The ground water
system shall continuously monitor the RDC using analytical methods specified in
40 CFR
141.74(a)(2), as amended
from time to time, at the location approved by the department and shall record
the lowest RDC on each day that water from the ground water source is served to
the public. If the lowest daily RDC is below the ground water system's required
minimum RDC, but the ground water system's CT value is at or above the ground
water system's required minimum CT value, the ground water system may submit an
application to the department requesting a determination as to whether the
ground water system is providing at least 4 log treatment of viruses using
inactivation, removal, or a department-approved combination of 4 log virus
inactivation and removal. Such application shall include documentation
demonstrating that the ground water system's lowest daily CT value is at or
above the ground water system's required minimum CT value, and shall be
submitted in accordance with subsection (t) of this section. If there is a
failure in the continuous monitoring equipment, the ground water system shall
conduct grab sampling every 4 hours until the continuous monitoring equipment
is returned to service. The ground water system shall resume continuous RDC
monitoring not later than 14 days after the failure of the continuous
monitoring equipment.
(2) Ground
water systems serving 3,300 or fewer people. A ground water system that serves
3,300 or fewer people shall submit an application to the department requesting
approval of the location at which the ground water system will monitor the RDC
and CT value, if the department has stated a required minimum CT value. Such
application shall be submitted in accordance with subsection (t) of this
section. The ground water system shall monitor the RDC using analytical methods
specified in
40 CFR
141.74(a)(2), as amended
from time to time, at the location approved by the department and shall record
the lowest RDC on each day that water from the ground water source is served to
the public. If any daily grab sample measurement falls below the ground water
system's required minimum RDC, the ground water system shall take follow-up
samples every 4 hours until the RDC is restored to the required level.
Alternatively, a ground water system that serves 3,300 or fewer people may
monitor continuously and meet the requirements of subclause (I)(1) of this
clause. If the lowest daily RDC is below the ground water system's required
minimum RDC, but the ground water system's CT value is at or above the ground
water system's required minimum CT value, the ground water system may submit an
application to the department requesting a determination as to whether the
ground water system is providing at least 4 log treatment of viruses using
inactivation, removal, or a department-approved combination of 4 log virus
inactivation and removal. Such application shall include documentation
demonstrating that the ground water system's lowest daily CT value is at or
above the ground water system's required minimum CT value, and shall be
submitted in accordance with subsection (t) of this section.
(II) Membrane filtration. A ground
water system that uses membrane filtration to meet the requirements of this
subdivision and subsections (e)(7)(E)(iv)(II)(4) and (e)(12) of this section
shall monitor the membrane filtration process in accordance with all
department-approved monitoring requirements and shall operate the membrane
filtration in accordance with all department-approved compliance requirements.
To request approval of the ground water system's monitoring and compliance
requirements, a ground water system shall submit an application to the
department requesting such approval in accordance with subsection (t) of this
section. Such application shall include documentation demonstrating that the
ground water system's monitoring and compliance requirements will measure the
effectiveness of the membrane filtration and the membrane filtration process to
achieve at least 4 log removal of viruses. A ground water system that uses
membrane filtration is in compliance with the requirement to achieve at least 4
log removal of viruses when the membrane is in compliance with the following:
(1) The membrane has an absolute MWCO, or an
alternate parameter that describes the exclusion characteristics of the
membrane, that can reliably achieve at least 4 log removal of
viruses;
(2) The membrane process
is operated in accordance with department-approved compliance requirements;
and
(3) The integrity of the
membrane is intact.
(III) Alternative treatment. To request
approval of an alternative treatment to meet the requirements of this
subdivision and subsections (e)(7)(E)(iv)(II)(4) and (e)(12) of this section by
providing at least 4 log treatment of viruses using inactivation, removal, or a
department-approved combination of 4 log virus inactivation and removal before
or at the first consumers, a ground water system shall submit an application to
the department requesting such approval in accordance with subsection (t) of
this section. Such application shall include documentation demonstrating that
the combination of inactivation and removal provides at least 4 log treatment
of viruses before or at the first consumer. A ground water system that uses a
department-approved alternative treatment shall comply with the following
requirements:
(1) Monitor the alternative
treatment in accordance with all department-approved monitoring requirements.
To request approval of the ground water system's monitoring requirements, a
ground water system shall submit an application to the department requesting
such approval in accordance with subsection (t) of this section. Such
application shall include documentation demonstrating that the ground water
system's monitoring requirements will measure the effectiveness of the
department-approved combination of 4 log inactivation and removal to achieve at
least 4 log removal of viruses; and
(2) Operate the alternative treatment in
accordance with all department-approved compliance requirements. To request
approval of the ground water system's compliance requirements, a ground water
system shall submit an application to the department requesting such approval
in accordance with subsection (t) of this section. Such application shall
include documentation demonstrating that the ground water system's compliance
requirements will maintain and measure the effectiveness of the
department-approved combination of 4 log inactivation and removal to achieve at
least 4 log treatment of viruses.
(C) Discontinuing treatment.
(i) A ground water system may discontinue a
department-approved 4 log treatment of viruses using inactivation, removal, or
a combination of 4 log virus inactivation and removal before or at the first
consumer for a ground water source if the ground water system satisfies 1 of
the following criteria in subclauses (I) through (IV), inclusive, of this
clause and the ground water system receives approval from the department to do
so. A ground water system seeking such approval shall submit an application to
the department requesting approval to discontinue the ground water system's
department-approved 4 log treatment of viruses using inactivation, removal, or
a combination of 4 log virus inactivation and removal before or at the first
consumer for a ground water source. Such application shall include
documentation demonstrating that the department-approved 4 log treatment of
viruses is no longer necessary for that ground water source because the ground
water system satisfies at least 1 of the 4 criteria in subclauses (I) through
(IV), inclusive, of this clause, and shall be submitted in accordance with
subsection (t) of this section.
(I) The ground
water system abandoned the ground water source for which the
department-approved 4 log treatment was required;
(II) The ground water system removed the
source or sources of contamination for which the department-approved 4 log
treatment was required;
(III) The
ground water system corrected the significant deficiency or deficiencies for
which the department-approved 4 log treatment was required; or
(IV) Other reason why the department-approved
4 log treatment of viruses is no longer needed for the ground water
source.
(ii) A ground
water system that discontinues a department-approved 4 log treatment of viruses
is subject to the triggered source water monitoring requirements of subsection
(e)(12)(C) of this section and analytical methods requirements in subsection
(e)(12)(E) of this section.
(iii)
The department may require a ground water system that subsequently discontinues
the department-approved 4 log treatment of viruses using inactivation, removal,
or a department-approved combination of 4 log virus inactivation and removal
before or at the first consumer for a ground water source to conduct assessment
source water monitoring under subsection (e)(12)(D)(ii) of this
section.
(D) Failure to
meet the monitoring requirements of subparagraph (B) of this subdivision is a
monitoring violation and requires the ground water system to provide public
notification under subsection (i)(3) of this section.
(E) Treatment technique violations.
(i) Unless the department invalidates a fecal
indicator-positive ground water source sample under subsection (e)(12)(F) of
this section, a ground water system is in violation of the treatment technique
requirement if, not later than 120 days (or earlier if required by the
department) after meeting the conditions of subparagraph (A) of this
subdivision, the ground water system:
(I) Does
not complete corrective action in accordance with the department-approved
corrective action plan and schedule, including department-specified interim
measures, if any; or
(II) Is not in
compliance with a department-approved corrective action plan and
schedule.
(ii) A ground
water system subject to the requirements of subparagraph (B)(iii) of this
subdivision that fails to maintain at least 4 log treatment of viruses using
inactivation, removal, or a department-approved combination of 4 log virus
inactivation and removal before or at the first consumer for a ground water
source is in violation of the treatment technique requirement if the failure is
not corrected within 4 hours of determining the ground water system is not
maintaining at least 4 log treatment of viruses before or at the first
consumer.
(iii) Ground water
systems shall give public notification under subsection (i)(2) of this section
for the treatment technique violations specified in clauses (i) and (ii) of
this subparagraph.
(l) Record maintenance.
Any owner of a system shall maintain on its premises or at
a convenient location near its premises the records described in subdivisions
(1) through (21), inclusive, of this subsection for the period of time
specified in subdivisions (1) through (21), inclusive, of this subsection. All
such records maintained by an owner of a system shall be available for
inspection by the department immediately upon the request of the department.
(1) Records of all microbiological
analyses and turbidity analyses made pursuant to this section shall be kept for
not less than 5 years. Records of chemical analyses shall be kept for not less
than 10 years. Actual laboratory reports may be kept, or data may be
transferred to tabular summaries, provided the following information is
included:
(A) The date, place and time of
sampling, and the name of the person who collected the sample;
(B) Identification of the sample as to
whether it was a routine distribution system sample, check sample, raw or
processed water sample or other special purpose sample;
(C) Date of analysis;
(D) Laboratory and person responsible for
performing analysis;
(E) The
analytical technique/method used; and
(F) The results of the analysis.
(2) Records of action taken by the
system to correct violations of primary drinking water regulations shall be
kept for a period not less than 3 years after the last action taken with
respect to the particular violation involved.
(3) Copies of any written reports, summaries
or communications relating to sanitary surveys of the system conducted by the
system itself, by a private consultant, or by any local, state or federal
agency, shall be kept for a period not less than 10 years after completion of
the sanitary survey involved.
(4)
Records concerning a variance or exemption granted to the system shall be kept
for a period ending not less than 5 years following the expiration of such
variance or exemption.
(5) Accurate
and up-to-date maps and records showing the location of all mains, valves,
hydrants, service connections, and other facilities including pumps, tanks and
treatment plants shall be maintained for each CWS. An integrated map of the
system showing supply, including ground water, surface water and GWUDI sources,
as well as any water company land associated with such sources, treatment,
pumping and storage facilities and major mains shall be filed with the
department and updated at least every 5 years.
(6) Records of each complaint received about
water quality or adequacy shall be retained for each CWS. A record of the
original complaint shall be kept for a period of 3 years subsequent to the
final resolution of the complaint.
(7) Recordkeeping requirements for lead and
copper. Any CWS or NTNC subject to the requirements of subsections (e)(7)(K),
(e)(8) through (e)(10), inclusive, (h)(5), (i)(6), and (j)(7) through (j)(10),
inclusive, of this section shall retain on its premises original records of all
sampling data and analyses, reports, surveys, letters, evaluations, schedules,
department determinations and any other information required by subsections
(e)(7)(K), (e)(8) through (e)(10), inclusive, (h)(5), (i)(6), and (j)(7)
through (j)(10), inclusive, of this section. Each CWS or NTNC shall retain the
records required by this subparagraph for not less than 12 years.
(8) Records of any reports, test results,
correspondence or other records collected as part of the system's cross
connection control program, pursuant to subsection (f) of this section, shall
be kept for not less than 5 years.
(9) A copy of the consumer confidence report
shall be kept for not less than 5 years.
(10) A copy of the public records for
combined and individual filter turbidity measurements, as required in
subsection (e)(7)(S) of this section, shall be kept for not less than 3
years.
(11) A copy of the public
notice and certification of compliance pursuant to subsection (i)(8) of this
section shall be kept for not less than 3 years.
(12) A complete copy of the system's
department-approved standard monitoring plan, including any department
modification of the system's standard monitoring plan, shall be kept for as
long as the system is required to retain the system's IDSE report under
subdivision (15) of this subsection.
(13) A complete copy of the system's
department-approved system specific study plan, including any department
modification of the system specific study plan, shall be kept for as long as
the system is required to retain the system's IDSE report under subdivision
(15) of this subsection.
(14) A
complete copy of the system's department-approved 40/30 certification shall be
kept for 10 years after the date that the system submitted the system's
certification. The system shall make the certification, all data upon which the
certification is based, and any department notification available for review by
the department and the public.
(15)
A complete copy of the system's department-approved IDSE report shall be kept
for 10 years after the date that the system submitted the system's IDSE report
to the department. If the department modified the monitoring requirements under
subsection (e)(11)(C) of this section in the system's IDSE report or if the
department approved alternative monitoring locations, the system shall keep a
copy of the department's approval on file for 10 years after the date of the
department's approval. The system shall make the IDSE report and any department
approval available for review by the department and the public.
(16) Copies of any monitoring plans and
monitoring results under subsection (e)(11)(C) of this section shall be kept
for the same period of time as the records of analyses taken under the plan are
required to be kept under subdivision (1) of this subsection, except as
specified elsewhere in this subdivision. The system shall make the monitoring
plans and the monitoring results under subsection (e)(11)(C) of this section
available for review by the department and the public.
(17) Copies of monitoring plans developed
pursuant to this section shall be kept for the same period of time as the
records of analyses taken in accordance with the monitoring plan are required
to be kept under subdivision (1) of this subsection, except as specified
elsewhere in this section.
(18)
Results from the initial round of source water monitoring under
40 CFR
141.701(a) and the second
round of source water monitoring under subsection (e)(7)(T)(ii)(I) of this
section shall be kept for a period of not less than 3 years after bin
classification under subsection (j)(12)(A) of this section for the particular
round of monitoring.
(19) A
department-approved application in which the system requested approval of an
exemption from source water monitoring because the system met the criteria in
subsection (e)(7)(T)(ii)(III) of this section shall be kept for not less than 3
years.
(20) Results of treatment
monitoring associated with microbial toolbox options under subsections
(j)(13)(B) through (F), inclusive, of this section shall be kept for not less
than 3 years.
(21) In addition to
the requirements of subdivisions (1) through (20), inclusive, of this
subsection, a ground water system regulated under subsections (e)(7)(E),
(e)(12) and (j)(14) of this section shall retain on its premises or at a
convenient location near its premises the following records:
(A) Documentation of corrective actions taken
under subsections (e)(7)(E)(iv) and (j)(14) of this section shall be kept for
not less than 10 years.
(B)
Documentation of notice to the public as required under subsection (i)(5)(F) of
this section shall be kept for not less than 3 years.
(C) Records of decisions under subsection
(e)(12)(C)(v)(II) of this section and records of invalidation of fecal
indicator-positive ground water source samples under subsection (e)(12)(F) of
this section shall be kept for not less than 5 years.
(D) For consecutive systems, documentation of
notification provided to the wholesale system or systems under subsection
(e)(12)(C)(iv)(I) of this section of total-coliformpositive samples that were
not invalidated by the department shall be kept for not less than 5
years.
(E) For systems, including
wholesale systems, that are required to perform compliance monitoring under
subsection (j)(14)(B) of this section, the following record-keeping
requirements shall apply:
(i) Records of the
system's required minimum RDC stated in the department's approval issued
pursuant to subsection (j)(14)(B)(i) or (ii) of this section and the required
minimum CT value, if the department stated a required minimum CT value in the
department's approval issued pursuant to subsection (j)(14)(B)(i) or (ii) of
this section, shall be kept for not less than 10 years.
(ii) Records of the lowest daily RDC, and
records of the date and duration of any failure to maintain the system's
required minimum RDC or the system's required minimum CT value, or both, for a
period of more than 4 hours shall be kept for not less than 5 years.
(iii) Records of department-approved
compliance requirements for a department-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 4 hours shall be kept for not less than 5 years.