(1)
General.
(a)
General. The provisions
of this Rule include both maximum contaminant level and treatment technique
requirements.
(b)
Applicability. The provisions of this Rule apply to all public
water systems.
(c)
Compliance date. Systems must comply with the provisions of
this Rule beginning April 1, 2016, unless otherwise specified in this
Rule.
(d)
Violations of
national primary drinking water regulations. Failure to comply with
the applicable requirements of this Rule, including requirements established by
the Division pursuant to these provisions, is a violation of the national
primary drinking water regulations.
(2)
Analytical Methods and Laboratory
Certification
(a)
Analytical
Methodology.
1. The standard sample
volume required for analysis, regardless of analytical method used, is 100
ml.
2. Systems need only determine
the presence or absence of total coliforms and E. coli; a
determination of density is not required.
3. The time from sample collection to
initiation of test medium incubation may not exceed 30 hours. Systems are
encouraged but not required to hold samples below 10 deg. C during
transit.
4. If water having
residual chlorine (measured as free, combined, or total chlorine) is to be
analyzed, sufficient sodium thiosulfate
(Na2S2O3)
must be added to the sample bottle before sterilization to neutralize any
residual chlorine in the water sample. Dechlorination procedures are addressed
in Section 9060A.2 of Standard Methods for the Examination of Water and
Wastewater (20th and 21st editions).
5. Systems must conduct total coliform and
E. coli analyses in accordance with one of the analytical
methods in 40 CFR §
141.852(a)(5) or one of the
alternative methods listed in Appendix A to Subpart C of 40 CFR Part
141.
(b)
Laboratory certification. Systems must have all compliance
samples required under this Rule analyzed by a laboratory certified by the
Division or by EPA to analyze drinking water samples. The laboratory used by
the system must be certified for each method (and associated contaminant(s))
used for compliance monitoring analyses under this Rule.
(c)
Incorporation by
reference. The standards required in paragraph (2) of this Rule are
incorporated by reference under
40 CFR §
141.852(c).
(3)
General Monitoring Requirements for
all Public Water Systems
(a) Sample
Site Plans.
1. Systems must develop a written
sample siting plan that identifies sampling sites and a sample collection
schedule that are representative of water throughout the distribution system
not later than March 31, 2016. These plans are subject to Division review and
revision. Systems must collect total coliform samples according to the written
sample siting plan. Monitoring required by paragraphs (4) through (8) of this
Rule may take place at a customer's premise, dedicated sampling station, or
other designated compliance sampling location. Routine and repeat sample sites
and any sampling points necessary to meet the requirements of Rule
391-3-5-.54 must be reflected in the
sampling plan.
2. Systems must
collect samples at regular time intervals throughout the month, except that
systems that use only groundwater and serve 4,900 or fewer people may collect
all required samples on a single day if they are taken from different
sites.
3. Systems must take at
least the minimum number of required samples even if the system has had an
E. coli MCL violation or has exceeded the coliform treatment
technique triggers in paragraph (9)(a).
4. A system may conduct more compliance
monitoring than is required by this Rule to investigate potential problems in
the distribution system and use monitoring as a tool to assist in uncovering
problems. A system may take more than the minimum number of required routine
samples and must include the results in calculating whether the coliform
treatment technique trigger in paragraphs (9)(a)1.(i) and (ii) has been
exceeded only if the samples are taken in accordance with the existing sample
siting plan and are representative of water throughout the distribution
system.
5. Systems must identify
repeat monitoring locations in the sample siting plan. Unless the provisions of
paragraph (3)(a)5.(i) are met, the system must collect at least one repeat
sample from the sampling tap where the original total coliform-positive sample
was taken, and at least one repeat sample at a tap within five service
connections upstream and at least one repeat sample at a tap within five
service connections downstream of the original sampling site. If a total
coliform-positive sample is at the end of the distribution system, or one
service connection away from the end of the distribution system, the system
must still take all required repeat samples. However, the Division may allow an
alternative sampling location in lieu of the requirement to collect at least
one repeat sample upstream or downstream of the original sampling site. Systems
required to conduct triggered source water monitoring under
391-3-5-.54(3)(a)
must take ground water source sample(s) in addition to repeat samples required
under this Rule.
(i) Systems may propose
repeat monitoring locations to the Division that the system believes to be
representative of a pathway for contamination of the distribution system. A
system may elect to specify either alternative fixed locations or criteria for
selecting repeat sampling sites on a situational basis in a standard operating
procedure (SOP) in its sample siting plan. The system must design its SOP to
focus the repeat samples at locations that best verify and determine the extent
of potential contamination of the distribution system area based on specific
situations. The Division may modify the SOP or require alternative monitoring
locations as needed.
6.
The Division may review, revise, and approve, as appropriate, repeat sampling
proposed by systems under paragraph (3)(a)5.(i). The system must demonstrate
that the sample siting plan remains representative of the water quality in the
distribution system. The Division may determine that monitoring at the entry
point to the distribution system (especially for undisinfected ground water
systems) is effective to differentiate between potential source water and
distribution system problems.
(b)
Special purpose samples.
Special purpose samples, such as those taken to determine whether disinfection
practices are sufficient following pipe placement, replacement, or repair, must
not be used to determine whether the coliform treatment technique trigger has
been exceeded. Repeat samples taken pursuant to paragraph (8) are not
considered special purpose samples, and must be used to determine whether the
coliform treatment technique trigger has been exceeded.
(c)
Invalidation of total coliform
samples. A total coliform-positive sample invalidated under this
paragraph does not count toward meeting the minimum monitoring requirements of
this Rule.
1. The Division may invalidate a
total coliform-positive sample only if any of the following conditions are met:
(i) The laboratory establishes that improper
sample analysis caused the total coliform-positive result.
(ii) The Division, on the basis of the
results of repeat samples collected as required under paragraph (8)(a),
determines that the total coliform-positive sample resulted from a domestic or
other non-distribution system plumbing problem. The Division cannot invalidate
a sample on the basis of repeat sample results unless all repeat sample(s)
collected at the same tap as the original total coliform-positive sample are
also total coliform-positive, and all repeat samples collected at a location
other than the original tap are total coliform-negative (e.g., the Division
cannot invalidate a total coliform-positive sample on the basis of repeat
samples if all the repeat samples are total coliform-negative, or if the system
has only one service connection).
(iii) The Division has substantial grounds to
believe that a total coliform-positive result is due to a circumstance or
condition that does not reflect water quality in the distribution system. In
this case, the system must still collect all repeat samples required under
paragraph (8)(a), and use them to determine whether a coliform treatment
technique trigger in paragraph (9) has been exceeded. To invalidate a total
coliform-positive sample under this paragraph, the decision and supporting
rationale must be documented in writing, and approved and signed by the
supervisor of the Division official who recommended the decision. The Division
must make this document available to EPA and the public. The written
documentation must state the specific cause of the total coliform-positive
sample, and what action the system has taken, or will take, to correct this
problem. The Division may not invalidate a total coliform-positive sample
solely on the grounds that all repeat samples are total
coliform-negative.
2. A
laboratory must invalidate a total coliform sample (unless total coliforms are
detected) if the sample produces a turbid culture in the absence of gas
production using an analytical method where gas formation is examined (e.g.,
the Multiple-Tube Fermentation Technique), produces a turbid culture in the
absence of an acid reaction in the Presence-Absence (P-A) Coliform Test, or
exhibits confluent growth or produces colonies too numerous to count with an
analytical method using a membrane filter (e.g., Membrane Filter Technique). If
a laboratory invalidates a sample because of such interference, the system must
collect another sample from the same location as the original sample within 24
hours of being notified of the interference problem, and have it analyzed for
the presence of total coliforms. The system must continue to re-sample within
24 hours and have the samples analyzed until it obtains a valid result. The
Division may waive the 24-hour time limit on a case-by-case basis.
Alternatively, the Division may implement criteria for waiving the 24-hour
sampling time limit to use in lieu of case-by-case extensions.
(4)
Routine
Monitoring Requirements for Non-Community Water Systems Serving 1,000 or Fewer
People Using Only Ground Water
(a)
General.
1. The provisions
of this paragraph (4) apply to non-community water systems using only ground
water (except ground water under the direct influence of surface water, as
defined in Rule
391-3-5-.02(64))
and serving 1,000 or fewer people.
2. Following any total coliform-positive
sample taken under the provisions of paragraph (4), systems must comply with
the repeat monitoring requirements and E. coli analytical
requirements in paragraph (8).
3.
Once all monitoring required by paragraphs (4) and (8) for a calendar month has
been completed, systems must determine whether any coliform treatment technique
triggers specified in paragraph (9) have been exceeded. If any trigger has been
exceeded, systems must complete assessments as required by paragraph
(9).
4. For the purpose of
determining eligibility for remaining on or qualifying for quarterly monitoring
under the provisions of paragraphs (4)(d)4. and (4)(e)2., respectively, for
transient non-community water systems, the Division may elect to not count
monitoring violations under paragraph (10)(c)1. if the missed sample is
collected no later than the end of the monitoring period following the
monitoring period in which the sample was missed. The system must collect the
make-up sample in a different week than the routine sample for that monitoring
period and should collect the sample as soon as possible during the monitoring
period. This authority does not affect the provisions of paragraphs (10)(c)1.
and (11)(a)4.
(b)
Monitoring frequency for total coliforms. Systems must monitor
each calendar quarter that the system provides water to the public, except for
seasonal systems or as provided under paragraphs (4)(c) through (4)(e) and
(4)(g). Seasonal systems must meet the monitoring requirements of paragraph
(4)(f).
(c)
Transition to
Rule 391-3-5-.55
.
1. Systems, excluding seasonal
systems, must continue to monitor according to the total coliform monitoring
schedules under Rule
391-3-5-.23 that were in effect on
March 31, 2016, unless any of the conditions for increased monitoring in
paragraph (4)(d) are triggered on or after April 1, 2016, or unless otherwise
directed by the Division. Seasonal Systems must comply with paragraph (4)(f) as
of April 1, 2016.
2. Beginning
April 1, 2016, the Division must perform a special monitoring evaluation during
each sanitary survey to review the status of the system, including the
distribution system, to determine whether the system is on an appropriate
monitoring schedule. After the Division has performed the special monitoring
evaluation during each sanitary survey, the Division may modify the system's
monitoring schedule, as necessary, or it may allow the system to stay on its
existing monitoring schedule, consistent with the provisions of paragraph (4).
The Division may not allow systems to begin less frequent monitoring under the
special monitoring evaluation unless the system has already met the applicable
criteria for less frequent monitoring in paragraph (4).
(d)
Increased monitoring requirements
for systems on quarterly monitoring. A system on quarterly monitoring
that experiences any of the events identified in paragraphs (4)(d)1. through
(4)(d)4. must begin monthly monitoring the month following the event. The
system must continue monthly monitoring until the requirements in paragraph
(4)(e) for quarterly monitoring are met. A system on monthly monitoring for
reasons other than those identified in paragraphs (4)(d)1. through (4)(d)4. is
not considered to be on increased monitoring for the purposes of paragraph
(4)(e).
1. The system triggers a Level 2
assessment or two Level 1 assessments under the provisions of paragraph (9) in
a rolling 12-month period.
2. The
system has an E. coli MCL violation.
3. The system has a coliform treatment
technique violation.
4. The system
has two monitoring violations under Rule
391-3-5-.55 or one monitoring
violation under Rule
391-3-5-.55 and one Level 1
assessment under the provisions of paragraph (9) in a rolling 12-month
period.
(e)
Requirements for returning to quarterly monitoring. The
Division may reduce the monitoring frequency for a system on monthly monitoring
triggered under paragraph (4)(d) to quarterly monitoring if the system meets
the following criteria:
1. Within the last 12
months, the system must have a completed sanitary survey or a site visit by the
Division or a voluntary Level 2 assessment by a party approved by the Division,
be free of sanitary defects, and have a protected water source; and
2. The system must have a clean compliance
history for a minimum of 12 months.
(f)
Seasonal systems.
1. Beginning April 1, 2016, all seasonal
systems must demonstrate completion of a Division-approved start-up procedure,
which includes a requirement for startup sampling prior to serving water to the
public.
2. A seasonal system must
monitor every month that it is in operation.
3. The Division may exempt any seasonal
system from some or all of the requirements for seasonal systems if the entire
distribution system remains pressurized during the entire period that the
system is not operating.
(g)
Additional routine monitoring the
month following a total coliform-positive sample. Systems collecting
samples on a quarterly frequency must conduct additional routine monitoring the
month following one or more total coliform-positive samples (with or without a
Level 1 treatment technique trigger). Systems must collect at least three
routine samples during the next month, except that the Division may waive this
requirement if the conditions of paragraph (4)(g)1., 2., or 3. are met. Systems
may either collect samples at regular time intervals throughout the month or
may collect all required routine samples on a single day if samples are taken
from different sites. Systems must use the results of additional routine
samples in coliform treatment technique trigger calculations under paragraph
(9)(a).
1. The Division may waive the
requirement to collect three routine samples the next month in which the system
provides water to the public if the Division, or an agent approved by the
Division, performs a site visit before the end of the next month in which the
system provides water to the public. Although a sanitary survey need not be
performed, the site visit must be sufficiently detailed to allow the Division
to determine whether additional monitoring and/or any corrective action is
needed. The Division cannot approve an employee of the system to perform this
site visit, even if the employee is an agent approved by the Division to
perform sanitary surveys.
2. The
Division may waive the requirement to collect three routine samples the next
month in which the system provides water to the public if the Division has
determined why the sample was total coliform-positive and has established that
the system has corrected the problem or will correct the problem before the end
of the next month in which the system serves water to the public. In this case,
the Division must document this decision to waive the following month's
additional monitoring requirement in writing, have it approved and signed by
the supervisor of the Division official who recommends such a decision, and
make this document available to the EPA and public. The written documentation
must describe the specific cause of the total coliform-positive sample and what
action the system has taken and/or will take to correct this problem.
3. The Division may not waive the requirement
to collect three additional routine samples the next month in which the system
provides water to the public solely on the grounds that all repeat samples are
total coliform-negative. If the Division determines that the system has
corrected the contamination problem before the system takes the set of repeat
samples required in paragraph (8), and all repeat samples were total
coliform-negative, the Division may waive the requirement for additional
routine monitoring the next month.
(5)
Routine Monitoring Requirements for
Community Water Systems Serving 1,000 or Fewer People Using Only Ground
Water.
(a)
General.
1. The provisions of paragraph (5) apply to
community water systems using only ground water (except ground water under the
direct influence of surface water, as defined in
391-3-5-.02(64))
and serving 1,000 or fewer people.
2. Following any total coliform-positive
sample taken under the provisions of paragraph (5), systems must comply with
the repeat monitoring requirements and E. coli analytical
requirements in paragraph (8).
3.
Once all monitoring required by paragraphs (5) and (8) for a calendar month has
been completed, systems must determine whether any coliform treatment technique
triggers specified in paragraph (9) have been exceeded. If any trigger has been
exceeded, systems must complete assessments as required by paragraph
(9).
(b)
Monitoring frequency for total coliforms. The monitoring
frequency for total coliforms is one sample/month, except as provided below:
1. All systems must continue to monitor
according to the total coliform monitoring schedules under Rule
391-3-5-.23 that were in effect on
March 31, 2016, unless otherwise directed by the Division.
2. Beginning April 1, 2016, the Division must
perform a special monitoring evaluation during each sanitary survey to review
the status of the system, including the distribution system, to determine
whether the system is on an appropriate monitoring schedule. After the Division
has performed the special monitoring evaluation during each sanitary survey,
the Division may modify the system's monitoring schedule, as necessary, or it
may allow the system to stay on its existing monitoring schedule, consistent
with the provisions of paragraph (5).
(6)
Routine Monitoring Requirements for
40 CFR Part 141 Subpart H Public Water Systems Serving 1,000 or Fewer
People.
(a)
General.
1. The provisions of paragraph (6) apply to
40 CFR Part 141 Subpart H public water systems serving 1,000 or fewer
people.
2. Following any total
coliform-positive sample taken under the provisions of paragraph (6), systems
must comply with the repeat monitoring requirements and E.
coli analytical requirements in paragraph (8).
3. Once all monitoring required by paragraphs
(6) and (8) for a calendar month has been completed, systems must determine
whether any coliform treatment technique triggers specified in paragraph (9)
have been exceeded. If any trigger has been exceeded, systems must complete
assessments as required by paragraph (9).
4. Seasonal systems.
(i) Beginning April 1, 2016, all seasonal
systems must demonstrate completion of a Division-approved start-up procedure,
which may include a requirement for start-up sampling prior to serving water to
the public.
(ii) The Division may
exempt any seasonal system from some or all of the requirements for seasonal
systems if the entire distribution system remains pressurized during the entire
period that the system is not operating.
(b)
Routine monitoring frequency for
total coliforms. 40 CFR Part 141 Subpart H systems (including
consecutive systems) must monitor monthly. Systems may not reduce
monitoring.
(7)
Routine Monitoring Requirements for Public Water Systems Serving More than
1,000 People.
(a)
General.
1. The provisions
of paragraph (7) apply to public water systems serving more than 1,000
persons.
2. Following any total
coliform-positive sample taken under the provisions of paragraph (7), systems
must comply with the repeat monitoring requirements and E.
coli analytical requirements in paragraph (8).
3. Once all monitoring required by paragraphs
(7) and (8) for a calendar month has been completed, systems must determine
whether any coliform treatment technique triggers specified in paragraph (9)
have been exceeded. If any trigger has been exceeded, systems must complete
assessments as required by paragraph (9).
4. Seasonal systems.
(i) Beginning April 1, 2016, all seasonal
systems must demonstrate completion of a Division-approved start-up procedure,
which may include a requirement for start-up sampling prior to serving water to
the public.
(ii) The Division may
exempt any seasonal system from some or all of the requirements for seasonal
systems if the entire distribution system remains pressurized during the entire
period that the system is not operating.
(b)
Monitoring frequency for total
coliforms. The monitoring frequency for total coliforms is based on
the population served by the system, as follows:
Total Coliform Monitoring Frequency for Public Water
Systems Serving More Than 1,000 People
Population
Served |
Minimum number of samples per
month |
1,001 to 2,500 |
2 |
2,501 to 3,300 |
3 |
3,301 to 4,100 |
4 |
4,101 to 4,900 |
5 |
4,901 to 5,800 |
6 |
5,801 to 6,700 |
7 |
6,701 to 7,600 |
8 |
7,601 to 8,500 |
9 |
8,501 to 12,900 |
10 |
12,901 to 17,200 |
15 |
17,201 to 21,500 |
20 |
21,501 to 25,000 |
25 |
25,001 to 33,000 |
30 |
33,001 to 41,000 |
40 |
41,001 to 50,000 |
50 |
50,001 to 59,000 |
60 |
59,001 to 70,000 |
70 |
70,001 to 83,000 |
80 |
83,001 to 96,000 |
90 |
96,001 to 130,000 |
100 |
130,001 to 220,000 |
120 |
220,001 to 320,000 |
150 |
320,001 to 450,000 |
180 |
450,001 to 600,000 |
210 |
600,001 to 780,000 |
240 |
780,001 to 970,000 |
270 |
970,001 to 1,230,000 |
300 |
1,230,001 to 1,520,000 |
330 |
1,520,001 to 1,850,000 |
360 |
1,850,001 to 2,270,000 |
390 |
2,270,001 to 3,020,000 |
420 |
3,020,001 to 3,960,000 |
450 |
3,960,001 or more |
480 |
(8)
Repeat Monitoring and E.
Coli Requirements.
(a)
Repeat Monitoring.
1. If a
sample taken under paragraphs (4) through (7) of this Rule is total
coliform-positive, the system must collect a set of repeat samples within 24
hours of being notified of the positive result. The system must collect no
fewer than three repeat samples for each total coliform-positive sample found.
The Division may extend the 24-hour limit on a case-by-case basis if the system
has a logistical problem in collecting the repeat samples within 24 hours that
is beyond its control. Alternatively, the Division may implement criteria for
the system to use in lieu of case-by-case extensions. In the case of an
extension, the Division must specify how much time the system has to collect
the repeat samples. The Division cannot waive the requirement for a system to
collect repeat samples in paragraphs (8)(a)1. through (8)(a)3.
2. The system must collect all repeat samples
on the same day, except that the Division may allow a system with a single
service connection to collect the required set of repeat samples over a
three-day period or to collect a larger volume repeat sample(s) in one or more
sample containers of any size, as long as the total volume collected is at
least 300 ml.
3. The system must
collect an additional set of repeat samples in the manner specified in
paragraphs (8)(a)1. through (8)(a)3. if one or more repeat samples in the
current set of repeat samples is total coliform-positive. The system must
collect the additional set of repeat samples within 24 hours of being notified
of the positive result, unless the Division extends the limit as provided in
paragraph (8)(a)1. The system must continue to collect additional sets of
repeat samples until either total coliforms are not detected in one complete
set of repeat samples or the system determines that a coliform treatment
technique trigger specified in paragraph (9)(a) has been exceeded as a result
of a repeat sample being total coliform-positive and notifies the Division. If
a trigger identified in paragraph (9) is exceeded as a result of a routine
sample being total coliform-positive, systems are required to conduct only one
round of repeat monitoring for each total coliform-positive routine
sample.
4. After a system collects
a routine sample and before it learns the results of the analysis of that
sample, if it collects another routine sample(s) from within five adjacent
service connections of the initial sample, and the initial sample, after
analysis, is found to contain total coliforms, then the system may count the
subsequent sample(s) as a repeat sample instead of as a routine
sample.
5. Results of all routine
and repeat samples taken under paragraphs (4) through (8) of this Rule not
invalidated by the Division must be used to determine whether a coliform
treatment technique trigger specified in paragraph (9) has been
exceeded.
(b)
Escherichia coli (E. coli) testing.
1. If any routine or repeat sample is total
coliform-positive, the system must analyze that total coliform-positive culture
medium to determine if E. coli are present. If E.
coli are present, the system must notify the Division by the end of
the day when the system is notified of the test result, unless the system is
notified of the result after the Division office is closed and the Division
does not have either an after-hours phone line or an alternative notification
procedure, in which case the system must notify the Division before the end of
the next business day.
2. The
Division has the discretion to allow a system, on a case-by-case basis, to
forgo E. coli testing on a total coliform-positive sample if
that system assumes that the total coliform-positive sample is E.
coli-positive. Accordingly, the system must notify the Division as
specified in paragraph (8)(b)1. and the provisions of Rule
391-3-5-.18(4)(c)
apply.
(9)
Coliform Treatment Technique Triggers and Assessment Requirements for
Protection Against Potential Fecal Contamination.
(a)
Treatment technique
triggers. Systems must conduct assessments in accordance with
paragraph (9)(b) after exceeding treatment technique triggers in paragraphs
(9)(a)1. and (9)(a)2.
1. Level 1 treatment
technique triggers.
(i) For systems taking 40
or more samples per month, the system exceeds 5.0% total coliform-positive
samples for the month.
(ii) For
systems taking fewer than 40 samples per month, the system has two or more
total coliform-positive samples in the same month.
(iii) The system fails to take every required
repeat sample after any single total coliform-positive sample.
2. Level 2 treatment technique
triggers.
(i) An E. coli MCL
violation, as specified in paragraph (10)(a).
(ii) A second Level 1 trigger as defined in
paragraph (9)(a)1., within a rolling 12-month period, unless the Division has
determined a likely reason that the samples that caused the first Level 1
treatment technique trigger were total coliform-positive and has established
that the system has corrected the problem.
(b)
Requirements for
assessments.
1. Systems must ensure
that Level 1 and 2 assessments are conducted in order to identify the possible
presence of sanitary defects and defects in distribution system coliform
monitoring practices. Level 2 assessments must be conducted by parties approved
by the Division.
2. When conducting
assessments, systems must ensure that the assessor evaluates minimum elements
that include review and identification of inadequacies in sample sites;
sampling protocol; sample processing; atypical events that could affect
distributed water quality or indicate that distributed water quality was
impaired; changes in distribution system maintenance and operation that could
affect distributed water quality (including water storage); source and
treatment considerations that bear on distributed water quality, where
appropriate (e.g., small ground water systems); and existing water quality
monitoring data. The system must conduct the assessment consistent with any
Division directives that tailor specific assessment elements with respect to
the size and type of the system and the size, type, and characteristics of the
distribution system.
3. Level 1
assessments. A system must conduct a Level 1 assessment consistent with
Division requirements if the system exceeds one of the treatment technique
triggers in paragraph (9)(a)1.
(i) The system
must complete a Level 1 assessment as soon as practical after any trigger in
paragraph (9)(a)1. In the completed assessment form, the system must describe
sanitary defects detected, corrective actions completed, and a proposed
timetable for any corrective actions not already completed. The assessment form
may also note that no sanitary defects were identified. The system must submit
the completed Level 1 assessment form to the Division within 30 days after the
system learns that it has exceeded a trigger.
(ii) If the Division reviews the completed
Level 1 assessment and determines that the assessment is not sufficient
(including any proposed timetable for any corrective actions not already
completed), the Division must consult with the system. If the Division requires
revisions after consultation, the system must submit a revised assessment form
to the Division on an agreed-upon schedule not to exceed 30 days from the date
of the consultation.
(iii) Upon
completion and submission of the assessment form by the system, the Division
must determine if the system has identified a likely cause for the Level 1
trigger and, if so, establish that the system has corrected the problem, or has
included a schedule acceptable to the Division for correcting the
problem.
4. Level 2
assessments. A system must ensure that a Level 2 assessment consistent with
Division requirements is conducted if the system exceeds one of the treatment
technique triggers in paragraph (9)(a)2. The system must comply with any
expedited actions or additional actions required by the Division in the case of
an
E. coli MCL violation.
(i) The system must ensure that a Level 2
assessment is completed by the Division or by a party approved by the Division
as soon as practical after any trigger in paragraph (9)(a)2. The system must
submit a completed Level 2 assessment form to the Division within 30 days after
the system learns that it has exceeded a trigger. The assessment form must
describe sanitary defects detected, corrective actions completed, and a
proposed timetable for any corrective actions not already completed. The
assessment form may also note that no sanitary defects were
identified.
(ii) The system may
conduct Level 2 assessments if the system has staff or management with the
certification or qualifications specified by the Division unless otherwise
directed by the Division.
(iii) If
the Division reviews the completed Level 2 assessment and determines that the
assessment is not sufficient (including any proposed timetable for any
corrective actions not already completed), the Division must consult with the
system. If the Division requires revisions after consultation, the system must
submit a revised assessment form to the Division on an agreed-upon schedule not
to exceed 30 days.
(iv) Upon
completion and submission of the assessment form by the system, the Division
must determine if the system has identified a likely cause for the Level 2
trigger and determine whether the system has corrected the problem, or has
included a schedule acceptable to the Division for correcting the
problem.
(c)
Corrective action. Systems must correct sanitary defects found
through either Level 1 or 2 assessments conducted under paragraph (9)(b). For
corrections not completed by the time of submission of the assessment form, the
system must complete the corrective action(s) in compliance with a timetable
approved by the Division in consultation with the system. The system must
notify the Division when each scheduled corrective action is
completed.
(d)
Consultation. At any time during the assessment or corrective
action phase, either the water system or the Division may request a
consultation with the other party to determine the appropriate actions to be
taken. The system may consult with the Division on all relevant information
that may impact on its ability to comply with a requirement of this Rule,
including the method of accomplishment, an appropriate timeframe, and other
relevant information.
(10)
Violations.
(a)
E. coli MCL Violation. A
system is in violation of the MCL for
E. coli when any of the
following conditions occur:
1. The system has
an E. coli-positive repeat sample following a total
coliform-positive routine sample.
2. The system has a total coliform-positive
repeat sample following an E. coli-positive routine
sample.
3. The system fails to take
all required repeat samples following an E. coli-positive
routine sample.
4. The system fails
to test for E. coli when any repeat sample tests positive for
total coliform.
(b)
Treatment technique violation.
1. A treatment technique violation occurs
when a system exceeds a treatment technique trigger specified in paragraph
(9)(a) and then fails to conduct the required assessment or corrective actions
within the timeframe specified in paragraphs (9)(b) and (9)(c).
2. A treatment technique violation occurs
when a seasonal system fails to complete a Division-approved start-up procedure
prior to serving water to the public.
(c)
Monitoring violations.
1. Failure to take every required routine or
additional routine sample in a compliance period is a monitoring
violation.
2. Failure to analyze
for E. coli following a total coliform-positive routine sample
is a monitoring violation.
(d)
Reporting violations.
1. Failure to submit a monitoring report or
completed assessment form after a system properly conducts monitoring or
assessment in a timely manner is a reporting violation.
2. Failure to notify the Division following
an E. coli-positive sample as required by paragraph (8)(b)1.
in a timely manner is a reporting violation.
3. Failure to submit certification of
completion of Division-approved start-up procedure by a seasonal system is a
reporting violation.
(11)
Reporting and
Recordkeeping.
(a)
Reporting.
1.
E.
coli.
(i) A system must notify the
Division by the end of the day when the system learns of an E.
coli MCL violation, unless the system learns of the violation after
the Division office is closed and the Division does not have either an
after-hours phone line or an alternative notification procedure, in which case
the system must notify the Division before the end of the next business day,
and notify the public in accordance with Rule
391-3-5-.32.
(ii) A system must notify the Division by the
end of the day when the system is notified of an E.
coli-positive routine sample, unless the system is notified of the
result after the Division office is closed and the Division does not have
either an after-hours phone line or an alternative notification procedure, in
which case the system must notify the Division before the end of the next
business day.
2. A system
that has violated the treatment technique for coliforms in paragraph (9) must
report the violation to the Division no later than the end of the next business
day after it learns of the violation, and notify the public in accordance with
Rule 391-3-5-.32.
3. A system required to conduct an assessment
under the provisions of paragraph (9) must submit the assessment report within
30 days. The system must notify the Division in accordance with paragraph
(9)(c) when each scheduled corrective action is completed for corrections not
completed by the time of submission of the assessment form.
4. A system that has failed to comply with a
coliform monitoring requirement must report the monitoring violation to the
Division within 10 days after the system discovers the violation, and notify
the public in accordance with Rule
391-3-5-.32.
5. A seasonal system must certify, prior to
serving water to the public, that it has complied with the Division-approved
start-up procedure.
(b)
Recordkeeping.
1. The system
must maintain any assessment form, regardless of who conducts the assessment,
and documentation of corrective actions completed as a result of those
assessments, or other available summary documentation of the sanitary defects
and corrective actions taken under paragraph (9) for Division review. This
record must be maintained by the system for a period not less than five years
after completion of the assessment or corrective action.
2. The system must maintain a record of any
repeat sample taken that meets Division criteria for an extension of the
24-hour period for collecting repeat samples as provided for under paragraph
(8)(a)1.