40 CFR
141.859, excluding
40 CFR
141.859(a)(2)(iii), is
herein incorporated by reference. (3-24-22)
01.
Treatment Technique
Triggers. Systems owners and operators must ensure that assessments are
conducted in accordance with Subsection
305.02 after exceeding treatment
technique triggers in this subsection. (3-24-22)
a. Level 1 treatment technique triggers:
(3-24-22)
i. For systems taking forty (40) or
more samples per month, the system exceeds five percent (5.0%) total
coliform-positive samples for the month. (3-24-22)
ii. For systems taking fewer than forty (40)
samples per month, the system has two (2) or more total coliform positive
samples in the same month. (3-24-22)
iii. The system owner or operator fails to
take every required repeat sample after any single total coliform-positive
sample. (3-24-22)
b.
Level 2 treatment technique triggers: (3-24-22)
i. An E.coli MCL violation, as specified in
Subsection 050.05 and Subsection
100.01 of these rules; or
(3-24-22)
ii. A second or any
additional Level 1 triggers as defined in Subsection
305.01.a. within a rolling
12-month period, unless the Department 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. (3-24-22)
02.
Requirements For
Assessments. (3-24-22)
a. System owners
and operators 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. The assessment must be
conducted consistent with any Department 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. (3-24-22)
b. When conducting assessments, owners and
operators 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 owner or
operator must ensure the assessments are consistent with the elements in the
Department provided forms for Level 1 and Level 2 assessments.
(3-24-22)
c. Level 1 Assessments. A
system owner or operator must conduct a Level 1 assessment if the system
exceeds one of the treatment technique triggers in Subsection
305.01.a. as soon as practical
after any trigger level is identified and submit a completed Level 1 assessment
report or form to the Department within thirty (30) days after the system
learns that it has exceeded a trigger. (3-24-22)
i. The completed assessment report or form
must describe sanitary defects detected, corrective actions completed, and a
proposed timetable for any corrective actions not already completed. The
assessment report or form may also note that no sanitary defects were
identified. (3-24-22)
ii. If the
Department reviews the completed Level 1 report or form and determines that the
assessment is not sufficient (including any proposed timetable for any
corrective actions not already completed), the Department will consult with the
owner or operator of the system. If the Department requires revisions after
consultation, the system owner or operator must submit a revised assessment
report or form to the Department on an agreed-upon schedule not to exceed
thirty (30) days from the date of consultation. (3-24-22)
iii. Upon completion and submission of the
assessment report or form by the system owner or operator, the Department will
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 Department for correcting the problem.
(3-24-22)
d. Level 2
Assessments. A system owner or operator must ensure that a Level 2 assessment
is conducted if the system exceeds one of the treatment technique triggers in
Subsection 305.01.b. The owner or
operator must comply with any expedited actions or additional action required
by the Department in the case of an E.coli MCL violation. (3-24-22)
i. The system owner or operator must ensure
that a Level 2 assessment is conducted by the Department or a party approved by
the Department as described in Subsection
305.03 as soon as practical
after any trigger in Subsection
305.01.b. and must submit a
completed Level 2 assessment report or form to the Department within 30
(thirty) days after the system learns that it has exceeded a trigger if the
assessment was conducted by a party other than the Department.
(3-24-22)
ii. The Department will
schedule and conduct Level 2 assessments for an E.coli treatment technique
trigger in Subsection
305.01.b.i. unless the
Department approves another party to conduct the assessment as outlined in
Subsection 305.03. (3-24-22)
iii. A second or any additional triggered
Level 2 Assessment within a rolling twelve-month period must be conducted by a
Department approved third party even if the public water system has staff or
management approved under Subsection
305.03. (3-24-22)
iv. The completed assessment report or form
must describe sanitary defects detected, corrective actions completed, and a
proposed timetable for any corrective actions not already completed. The
assessment report or form may also note that no sanitary defects were
identified. (3-24-22)
v. If the
Department reviews the completed Level 2 report or form and determines that the
assessment is not sufficient (including any proposed timetable for any
corrective actions not already completed), the Department will consult with the
owner or operator of the system. If the Department requires revisions after
consultation, the system owner or operator must submit a revised assessment
report or form to the Department on an agreed-upon schedule not to exceed 30
(thirty) days from the date of consultation. (3-24-22)
vi. Upon completion and submission of the
assessment report or form by the system owner or operator, the Department will
determine if the system has identified a likely cause for the Level 2 trigger
and, if so, establish that the system has corrected the problem, or has
included a schedule acceptable to Department for correcting the problem.
(3-24-22)
e. Corrective
action. Systems must correct sanitary defects found through either Level 1 or
Level 2 assessments conducted under this section. For corrections not completed
by the time of submission of the assessment report or form, the system must
complete the corrective action(s) in compliance with a timetable approved by
the Department in consultation with the system. The system must notify the
Department when each scheduled corrective action is completed.
(3-24-22)
f. Consultation. At any
time during the assessment or corrective action phase, either the water system
or the Department may request a consultation with the other party to determine
the appropriate actions to be taken. The system may consult with the Department
on all relevant information that may impact its ability to comply with a
requirement of this Section, including the method of accomplishment, an
appropriate timeframe, and other relevant information.
(3-24-22)
03.
Approved Parties for Level 2 Assessments. The system may conduct a
Level 2 assessment if the system has staff or management with the certification
or qualifications outlined in this Subsection or if the system hires parties
that meet the qualifications in this Subsection. The following parties are
approved by the Department to conduct Level 2 assessments: (3-24-22)
a. The Department or persons contracted with
the Department who are trained to conduct sanitary surveys; (3-24-22)
b. Currently licensed operators in good
standing that are licensed through the Idaho Division of Occupational and
Professional Licenses with a drinking water classification of Distribution I
through IV or Treatment I through IV and that are licensed at least to the
classification level of the public water system requiring the Level 2
assessment; or (3-24-22)
c.
Licensed professional engineers licensed by the state of Idaho and qualified by
education and experience in the specific technical fields involved in these
rules. (3-24-22)