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 - Microbiological contaminant sampling and analytical requirements

Universal Citation: HI Admin Rules 11-20-9

Current through February, 2024

(a) (Reserved)

(b) Repeat monitoring.

(1) If a routine sample is total coliform-positive, the supplier of water shall collect a set of repeat samples within twenty-four hours of being notified of the positive result. The supplier who collects more than one routine sample per month shall collect no fewer than three repeat samples for each total coliform-positive sample found. A supplier who normally collects one routine sample per month shall collect no fewer than four repeat samples for each total coliform-positive sample found. The director may extend the twenty-four hour limit on a case-by-case basis if the supplier has a logistical problem in collecting or analyzing the repeat samples within twenty-four hours that is beyond the supplier's control. In the case of an extension, the director shall specify how much time the supplier has to collect the repeat samples.

(2) The supplier shall 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 away from the end of the distribution system, the director may waive the requirement to collect at least one repeat sample upstream or downstream of the original sampling site. However, the supplier shall collect the required number of repeat samples. A system with a single service connection may take all repeats from the same sample tap.

(3) The supplier shall collect all repeat samples on the same day.

(4) If one or more repeat samples in the set is total coliform-positive, the supplier shall collect an additional set of repeat samples in the manner specified in paragraphs (1) to (3) unless the supplier determines the MCL for total coliforms in section 11-20-6 has been exceeded and notifies the director. The additional samples shall be collected within twenty-four hours of being notified of the positive result, unless the director extends the limit as provided in paragraph (1). The supplier shall repeat this process until either total coliforms are not detected in one complete set of repeat samples or the supplier determines that the MCL for total coliforms in section 11-20-6 has been exceeded and notifies the director.

(5) If a supplier collecting fewer than five routine samples per month has one or more total coliform-positive samples and the director does not invalidate the sample(s) under subsection (c), the supplier shall collect at least five routine samples during the next month the system provides water to the public.

(6) Results of all routine and repeat samples not invalidated by the director shall be included in determining compliance with the MCL for total coliforms in section 11-20-6.

(c) Invalidation of total coliform samples. A total coliform-positive sample invalidated under this subsection does not count towards meeting the minimum monitoring requirements of this section.

(1) The director may invalidate a total coliform-positive sample if one or more of the following are met:
(A) The laboratory establishes that improper sample analysis caused the total coliform-positive result.

(B) The director, on the basis of the results of repeat samples collected as required by subsection (b)(1) to (4) determines that the total coliform-positive sample resulted from a domestic or other non-distribution system plumbing problem. The director 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 within five service connections of the original tap are total coliform-negative (e.g., the director 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 public water system has only one service connection).

(C) The director has substantial grounds to believe that a total coliform-positive result is due to a circumstance or condition which does not reflect water quality in the distribution system. In this case, the supplier shall still collect all repeat samples required under subsection (b)(l) to (4), and use them to determine compliance with the MCL for total coliforms in section 11-20-6. To invalidate a total coliform-positive sample under this paragraph, the decision with the rationale for the decision shall be documented in writing, and approved and signed by the director. The director shall make this document available to EPA and the public. The written documentation shall specify the cause of the total coliform-positive sample, and what action the supplier has taken, or will take, to correct this problem. The director may not invalidate a total coliform-positive sample solely on the grounds that all repeat samples are total coliform-negative.

(2) A laboratory shall 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 supplier shall collect another sample from the same location as the original sample within twenty-four hours of being notified of the interference problem, and have it analyzed for the presence of total coliforms. The supplier shall continue to re-sample within twenty-four hours and have the samples analyzed until it obtains a valid result. The director may waive the twenty-four hour time limit on a case-by-case basis.

(d) (Reserved)

(e) Fecal coliforms/Escherichia coli (E. coli) testing.

(1) If any routine or repeat sample is total coliform-positive, the laboratory shall analyze the total coliform-positive culture medium to determine if fecal coliforms or E. coli are present.

(2) The director has the discretion to allow a supplier of water, on a case-by-case basis, to forgo fecal coliform or E. coli testing on a total coliform-positive sample if that supplier classifies the total coliform-positive sample as fecal coliform-positive or E. coli-positive. In the event the laboratory fails to perform the required fecal coliform or E. coli analysis, the total coliform-positive sample will be classified as fecal coliform positive or E. coli-positive.

(f) Response to positive result.

(1) The supplier shall report the positive result for total coliforms or fecal coliforms or E. coli to the director by 4:00 p.m. of the day that the supplier is notified of the positive result. However, if the supplier is notified of the result after 4:00 p.m., then the supplier shall notify the director as soon as possible but no later than 10:00 a.m. of the next department business day.

(2) When a public water system has a fecal coliform- positive or E. coli-positive result, the supplier shall issue a boil water notice to all affected consumers.
(A) The boil water order shall be issued no later than twenty-four hours after the system has been notified of the positive fecal coliform or 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.

(B) The boil water notice shall not be required if all repeat samples collected are total coliform-negative, and these results are received within twenty-four hours of the fecal-positive or E. coli-positive result.

(g) Response to violation.

(1) When a public water system has exceeded the MCL for total coliforms as set forth in section 11-20-6, the supplier shall report the violation to the director no later than the end of the next business day after learning of the violation, and notify the public in accordance with section 11-20-18.

(2) A supplier who has failed to comply with a coliform monitoring requirement, including the sanitary survey requirement, shall report the monitoring violation to the director within ten days after the supplier discovers the violation, and notify the public in accordance with section 11-20-18.

(h) (Reserved)

(i) The provisions of subsections (b), (c), (e), (f), and (g) are applicable until all required repeat monitoring under subsection (b) and fecal coliform or E. coli testing under subsection (e) that was initiated by a total coliform-positive sample taken before April 1, 2016 is completed, as well as reporting, recordkeeping, public notification, and consumer confidence report requirements associated with that monitoring and testing. Beginning April 1, 2016, the provisions of section 11-20-9.1 are applicable, with systems required to begin regular monitoring at the same frequency as the system-specific frequency required on March 31, 2016.

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