Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 20 - RULES RELATING TO PUBLIC WATER SYSTEMS
Section 11-20-9.1 - Revised Total Coliform Rule
Universal Citation: HI Admin Rules 11-20-9.1
Current through February, 2024
(a) General.
(1) This section includes both maximum
contaminant level and treatment technique requirements.
(2) Applicability. The provisions of this
section apply to all public water systems.
(3)
Compliance date. Systems must comply with the provisions of this
section beginning April 1, 2016, unless otherwise specified in this
section.
(4) Implementation with
EPA as State. Systems falling under direct oversight of EPA, where EPA acts as
the State, must comply with decisions made by EPA for implementation of 40
C.F.R. 141 subpart Y. EPA has authority to establish such procedures and
criteria as are necessary to implement 40 C.F.R. 141 subpart Y.
(5) Violations of national primary drinking
water regulations. Failure to comply with the applicable requirements of this
section, including requirements established by the State pursuant to these
provisions, is a violation of the national primary drinking water regulations
under 40 C.F.R. 141 subpart Y.
(b) Analytical methods and laboratory certification.
(1) Analytical methodology.
(A) The standard sample volume required for
analysis, regardless of analytical method used, is 100 ml.
(B) Systems need only determine the presence
or absence of total coliforms and E. coli; a determination of
density is not required.
(C) 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 degrees Celsius during transit.
(D)
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).
(E)
Systems must conduct total coliform and E. coli
analyses in accordance with one of the analytical methods in Appendix K,
"Analytical Methods for Conducting Total Coliform and E. coli Analyses (HAR
§
11-20-9.1(b)
)," dated February 13, 2013, located at the end of this chapter and made a part
of this section, or one of the alternative methods listed in 40 CFR part 141,
Appendix A to subpart C.
(2) Laboratory certification. Systems must
have all compliance samples required under this subpart analyzed by a
laboratory certified by the EPA or a primacy State 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 section.
(3) Standards. The
standards required in this section were taken verbatim from
40 C.F.R. §
141.852(c), and are
specified in Appendix K, entitled "Analytical Methods for Conducting Total
Coliform and E. coli Analyses (HAR §
11-20-9.1(b))."
Appendix K is located at the end of this chapter and made a part of this
section.
(c) General monitoring requirements for all public water systems.
(1) Sample siting plans.
(A) 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 review and revision by this
State. Systems must collect total coliform samples according to the written
sample siting plan. Monitoring required by subsections (d) and (e) 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 section
11-20-50
must be reflected in the sampling plan.
(B)
Systems must collect samples at regular time intervals throughout
the month, except that systems that use only ground water and serve 4,900 or
fewer people may collect all required samples on a single day if they are taken
from different sites.
(C) 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 subsection (f)(1).
(D) A system may conduct more compliance
monitoring than is required by this subpart 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 subsections (f)(1)(A)(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.
(E) Systems must identify repeat
monitoring locations in the sample siting plan. Unless the provisions of clause
(i) or (ii) 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 State 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. Except
as provided for in clause (ii), systems required to conduct triggered source
water monitoring under section
11-20-50(c)(1)
must take ground water source sample(s) in addition to repeat samples required
under this section.
(i) Systems may propose
repeat monitoring locations to the State 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 State may modify the SOP or require alternative monitoring
locations as needed.
(ii) Ground
water systems serving 1,000 or fewer people may propose repeat sampling
locations to the State that differentiate potential source water and
distribution system contamination (e.g., by sampling at entry points to the
distribution system). A ground water system with a single well required to
conduct triggered source water monitoring may, with written state approval,
take one of its repeat samples at the monitoring location required for
triggered source water monitoring under section
11-20-50(c)(1)
if the system demonstrates to the State's satisfaction that the sample siting
plan remains representative of water quality in the distribution system. If
approved by the State, the system may use that sample result to meet the
monitoring requirements in both section
11-20-50(c)(1)
and this subsection. If a repeat sample taken at the monitoring location
required for triggered source water monitoring is E.
coli-positive, the system has violated the E. coli
MCL and must also comply with section
11-20-50(c)(1)(C).
If a system takes more than one repeat sample at the monitoring location
required for triggered source water monitoring, the system may reduce the
number of additional source water samples required under section
11-20-50(c)(1)(C)
by the number of repeat samples taken at that location that were not E.
coli-positive. If a system takes more than one repeat sample at the
monitoring location required for triggered source water monitoring under
section
11-20-50(c)(1),
and more than one repeat sample is E. coli-positive, the
system has violated the E. coli MCL and must also comply with
section
11-20-50(d)(1)(A).
If all repeat samples taken at the monitoring location required for triggered
source water monitoring are E. coli-negative and a repeat
sample taken at a monitoring location other than the one required for triggered
source water monitoring is E. coli-positive, the system has
violated the E. coli MCL, but is not required to comply with
section
11-20-50(c)(1)(C).
(F) States may review, revise, and approve,
as appropriate, repeat sampling proposed by systems under subparagraphs (E)(i)
and (ii). The system must demonstrate that the sample siting plan remains
representative of the water quality in the distribution system. The State 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.
(2) 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 subsection (e) are not considered special purpose samples, and must
be used to determine whether the coliform treatment technique trigger has been
exceeded.
(3) Invalidation of total
coliform samples. A total coliform-positive sample invalidated under this
subsection does not count toward meeting the minimum monitoring requirements of
this section.
(A) The State may invalidate a
total coliform-positive sample only if the conditions of clause (i), (ii), or
(iii) are met.
(i) The laboratory establishes
that improper sample analysis caused the total coliform-positive result.
(ii) The State, on the basis of
the results of repeat samples collected as required under subsection (e)(1),
determines that the total coliform-positive sample resulted from a domestic or
other non-distribution system plumbing problem. The State 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., a state 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
State 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 subsection (e)(1), and use them to determine whether a
coliform treatment technique trigger in subsection (f) 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 State official who recommended the decision. The State
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 State may not invalidate a total coliform-positive sample solely
on the grounds that all repeat samples are total coliform-negative.
(B) 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 State may waive the 24-hour time
limit on a case-by-case basis. Alternatively, the State may implement criteria
for waiving the 24-hour sampling time limit to use in lieu of case-by-case
extensions.
(d) Routine monitoring requirements for public water systems.
(1) General.
(A) This subsection applies to all public
water systems.
(B) Following any
total coliform-positive sample taken under this section, systems must comply
with the repeat monitoring requirements and E. coli analytical
requirements in subsection (e).
(C)
Once all monitoring required by this subsection and subsection
(e) for a calendar month has been completed, systems must determine whether any
coliform treatment technique triggers specified in subsection (f) have been
exceeded. If any trigger has been exceeded, systems must complete assessments
as required by subsection (f).
(2)
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
|
Population Served |
Minimum Samples/Month |
||
|
25 |
to |
1,000 |
1 |
|
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 |
|
(e) Repeat monitoring and E. coli requirements.
(1) Repeat monitoring.
(A) If a sample taken under subsection (d) 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 State 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 State may implement criteria for the
system to use in lieu of case-by-case extensions. In the case of an extension,
the State must specify how much time the system has to collect the repeat
samples. The State cannot waive the requirement for a system to collect repeat
samples in subparagraphs (A) through (C).
(B) The system must collect all repeat
samples on the same day, except that the State 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.
(C) The system must
collect an additional set of repeat samples in the manner specified in
subparagraphs (A) through (C) 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 State extends the limit as provided in subparagraph
(A). 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 subsection (f)(1) has been exceeded as a result of a repeat sample
being total coliform-positive and notifies the State. If a trigger identified
in subsection (f) 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.
(D) 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.
(E)
Results of all routine and repeat samples taken under subsection
(d) and this subsection not invalidated by the State must be used to determine
whether a coliform treatment technique trigger specified in subsection (f) has
been exceeded.
(2)
Escherichia coli (E. coli) testing.
(A)
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 total coliforms or E.
coli are present, the system must notify the State 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 State office is closed and the State does not
have either an after-hours phone line or an alternative notification procedure,
in which case the system must notify the State before the end of the next
business day.
(B) The State 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 State as
specified in subparagraph (A) and the provisions of section
11-20-6(c)
apply.
(C) When a public water
system has an E. coli-positive result, the supplier shall
issue a boil water notice to all affected consumers.
(i) The boil water order shall be issued no
later than thirty hours after the system has been notified of the positive
E. coli result. The boil water notice shall be in effect until
negative total coliform results are obtained from the affected tap and from all
other required repeat sample sites.
(ii) The boil water notice shall not be
required if all repeat samples collected are total coliform-negative, and these
results are received within thirty hours of the E.
coli-positive result.
(f) Coliform treatment technique triggers and assessment requirements for protection against potential fecal contamination.
(1) Treatment technique
triggers. Systems must conduct assessments in accordance with
paragraph (2) after exceeding treatment technique triggers in subparagraphs (A)
and (B).
(A) 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.
(B) Level 2 treatment technique
triggers.
(i) An E. coli MCL
violation, as specified in subsection (g)(1).
(ii) A second Level 1 trigger as defined in
subparagraph (A), within a rolling 12-month period, unless the State 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.
(2) Requirements for assessments.
(A) 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
State.
(B) 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
State 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.
(C) Level 1
assessments. A system must conduct a Level 1 assessment consistent with State
requirements if the system exceeds one of the treatment technique triggers in
paragraph (1)(A).
(i) The system must
complete a Level 1 assessment as soon as practical after any trigger in
paragraph (1)(A). 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 State within 30 days after the
system learns that it has exceeded a trigger.
(ii) If the State 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
State must consult with the system. If the State requires revisions after
consultation, the system must submit a revised assessment form to the State 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 State 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 State for correcting the problem.
(D) Level 2 assessments.
A system must ensure that a Level 2 assessment consistent with State
requirements is conducted if the system exceeds one of the treatment technique
triggers in paragraph (1)(B). The system must comply with any expedited actions
or additional actions required by the State in the case of an E. coli
MCL violation.
(i) The system must
ensure that a Level 2 assessment is completed by the State or by a party
approved by the State as soon as practical after any trigger in paragraph
(1)(B). The system must submit a completed Level 2 assessment form to the State
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 State unless otherwise
directed by the State.
(iii) If
the State 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 State must consult with the
system. If the State requires revisions after consultation, the system must
submit a revised assessment form to the State on an agreed-upon schedule not to
exceed 30 days.
(iv) Upon
completion and submission of the assessment form by the system, the State 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 State for correcting the problem.
(3) Corrective
action. Systems must correct sanitary defects found through either Level 1 or 2
assessments conducted under paragraph (2). 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 State in
consultation with the system. The system must notify the State when each
scheduled corrective action is completed.
(4) Consultation. At any
time during the assessment or corrective action phase, either the water system
or the State may request a consultation with the other party to determine the
appropriate actions to be taken. The system may consult with the State on all
relevant information that may impact on its ability to comply with a
requirement of this section, including the method of accomplishment, an
appropriate timeframe, and other relevant information.
(g) Violations.
(1)
E. coli MCL violation. A system is in violation
of the MCL for E. coli when any of the conditions identified
in subparagraphs (A) through (D) occur.
(A)
The system has an E. coli-positive repeat sample following a
total coliform-positive routine sample.
(B)
The system has a total coliform-positive repeat sample following
an E. coli-positive routine sample.
(C) The system fails to take all required
repeat samples following an E. coli-positive routine
sample.
(D) The system fails to
test for E. coli when any repeat sample tests positive for
total coliform.
(2)
Treatment technique violation.
(A) A treatment
technique violation occurs when a system exceeds a treatment technique trigger
specified in subsection (f)(1) and then fails to conduct the required
assessment or corrective actions within the timeframe specified in subsections
(f)(2) and (f)(3).
(3)
Monitoring violations.
(A) Failure to take
every required routine or additional routine sample in a compliance period is a
monitoring violation.
(B) Failure
to analyze for E. coli following a total coliform-positive
routine sample is a monitoring violation.
(4) Reporting violations.
(A) 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.
(B) Failure to notify the State following an
E. coli-positive sample as required by subsection (e)(2)(A) in
a timely manner is a reporting violation.
(h) Reporting and recordkeeping.
(1) Reporting.
(A)
E. coli.
(i) A
system must notify the State 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 state office is closed and the State does not have either
an after-hours phone line or an alternative notification procedure, in which
case the system must notify the State before the end of the next business day,
and notify the public in accordance with section
11-20-18.
(ii) A system must notify the
State by the end of the day when the system is notified of a total coliform or
an E. coli-positive routine sample, unless the system is
notified of the result after the state office is closed and the State does not
have either an after-hours phone line or an alternative notification procedure,
in which case the system must notify the State before the end of the next
business day.
(B) A
system that has violated the treatment technique for coliforms in subsection
(f) must report the violation to the State no later than the end of the next
business day after it learns of the violation, and notify the public in
accordance with section
11-20-18.
(C) A system required to conduct an
assessment under subsection (f) must submit the assessment report within 30
days. The system must notify the State in accordance with subsection (f)(3)
when each scheduled corrective action is completed for corrections not
completed by the time of submission of the assessment form.
(D) A system that has failed to comply with a
coliform monitoring requirement must report the monitoring violation to the
State within 10 days after the system discovers the violation, and notify the
public in accordance with section
11-20-18.
(2) Recordkeeping.
(A) 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 subsection (f) for state 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.
(B) The system must maintain a record of any
repeat sample taken that meets State criteria for an extension of the 24-hour
period for collecting repeat samples as provided for under
40 C.F.R. section
141.858(a)(1).
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