Current through Register Vol. 48, No. 38, September 20, 2024
a) GWS Suppliers with Significant
Deficiencies or Source Water Fecal Contamination
1) The treatment technique requirements of
this Section must be met by GWS suppliers when a significant deficiency is
identified or when a groundwater source sample collected under Section
611.802(a)(3)
is fecal indicator-positive.
2) If
directed by the Agency by a SEP, a GWS supplier with a groundwater source
sample collected under Section
611.802(a)(2),
(a)(4), or (b) that is fecal
indicator-positive must comply with the treatment technique requirements of
this Section.
3) When a significant
deficiency is identified at a Subpart B PWS that uses both groundwater and
surface water or groundwater under the direct influence of surface water, the
system must comply with provisions of this subsection (a) except in cases where
the Agency determines that the significant deficiency is in a portion of the
distribution system that is served solely by surface water or groundwater under
the direct influence of surface water.
4) Unless the Agency, by a SEP, directs the
GWS supplier to implement a specific corrective action, the GWS supplier must
consult with the Agency regarding the appropriate corrective action within 30
days after receiving written notice from the Agency of a significant
deficiency, written notice from a laboratory that a groundwater source sample
collected under Section
611.802(a)(3)
was found to be fecal indicator-positive, or direction from the Agency that a
fecal indicator-positive collected under Section
611.802(a)(2),
(a)(4), or (b) requires corrective action.
For the purposes of this Subpart S, significant deficiencies include defects in
design, operation, or maintenance, or a failure or malfunction of the sources,
treatment, storage, or distribution system that the Agency determines to be
causing, or have potential for causing, the introduction of contamination into
the water delivered to consumers.
5) Within 120 days (or earlier if directed by
the Agency) after receiving written notification from the Agency of a
significant deficiency, written notice from a laboratory that a groundwater
source sample collected under Section
611.802(a)(3)
was found to be fecal indicator-positive, or written notice from the Agency
that a fecal indicator-positive sample collected under Section
611.802(a)(2),
(a)(4), or (b) requires corrective action,
the GWS supplier must do either of the following:
A) It must have completed corrective action
in accordance with any applicable plan review processes adopted by the Agency
or with any SEP issued by the Agency, if any, including Agency-specified
interim measures; or
B) It must be
in compliance with an Agency-approved corrective action plan and schedule,
subject to the following conditions:
i) Any
subsequent modifications to an Agency-approved corrective action plan and
schedule must also be approved by the Agency; and
ii) If the Agency specifies interim measures
for protection of the public health pending Agency approval of the corrective
action plan and schedule or pending completion of the corrective action plan,
the supplier must comply with those interim measures, as well as with any
schedule specified by the Agency.
6) Corrective Action Alternatives. A GWS
supplier that meets the conditions of subsection (a)(1) or (a)(2) must
implement one or more of the following corrective action alternatives:
A) It must correct all significant
deficiencies;
B) It must provide an
alternate source of water;
C) It
must eliminate the source of contamination; or
D) It must provide treatment that reliably
achieves at least 4-log treatment of viruses (using inactivation, removal, or
an Agency-approved combination of 4-log virus inactivation and removal) before
or at the first customer for the groundwater source.
7) Special Notice to the Public of
Significant Deficiencies or Source Water Fecal Contamination
A) In addition to the applicable public
notification requirements of Section
611.902,
a community GWS supplier that receives notice from the Agency of a significant
deficiency or notification of a fecal indicator-positive groundwater source
sample that is not invalidated by the Agency under Section
611.802(d)
must inform the public served by the water system under Section
611.883(h)(6)
of the fecal indicator-positive source sample or of any significant deficiency
that has not been corrected. The supplier must continue to inform the public
annually until the significant deficiency is corrected or the fecal
contamination in the groundwater source is determined by the Agency to be
corrected under subsection (a)(5).
B) In addition to the applicable public
notification requirements of Section 611.902, a non-community GWS supplier that
receives notice from the Agency of a significant deficiency must inform the
public served by the water system in a manner approved by the Agency of any
significant deficiency that has not been corrected within 12 months after being
notified by the Agency, or earlier if directed by the Agency. The supplier must
continue to inform the public annually until the significant deficiency is
corrected. The information must include the following information:
i) The nature of the significant deficiency
and the date the significant deficiency was identified by the Agency;
ii) The Agency-approved plan and schedule for
correction of the significant deficiency, including interim measures, progress
to date, and any interim measures completed; and
iii) For a supplier with a large proportion
of non-English speaking consumers, as determined by the Agency, information in
the appropriate languages regarding the importance of the notice or a telephone
number or address where consumers may contact the system to obtain a translated
copy of the notice or assistance in the appropriate language.
C) If directed by the Agency, a
non-CWS supplier with significant deficiencies that have been corrected must
inform its customers of the significant deficiencies, how the deficiencies were
corrected, and the dates of correction under subsection (a)(7)(B).
b) Compliance
Monitoring
1) Existing Groundwater Sources. A
GWS supplier that is not required by Section
611.802(a)(1)
to meet the source water monitoring requirements of this Subpart S for any
groundwater source must notify the Agency in writing that it provides at least
4-log treatment of viruses (using inactivation, removal, or an Agency-approved
combination of 4-log virus inactivation and removal) before or at the first
customer for the specified groundwater source and begin compliance monitoring
in accordance with subsection (b)(3). Notification to the Agency must include
engineering, operational, or other information that the Agency requests to
evaluate the submission. If the supplier subsequently discontinues 4-log
treatment of viruses (using inactivation, removal, or an Agency-approved
combination of 4-log virus inactivation and removal) before or at the first
customer for a groundwater source, the supplier must conduct groundwater source
monitoring, as required under Section 611.802.
2) New Groundwater Sources. A GWS supplier
that places a groundwater source in service which is not required by Section
611.802(a)(1)
to meet the source water monitoring requirements of this Subpart S must comply
with the requirements of subsections (b)(2)(A), (b)(2)(B), and (b)(2)(C).
A) The supplier must notify the Agency in
writing that it provides at least 4-log treatment of viruses (using
inactivation, removal, or an Agency-approved combination of 4-log virus
inactivation and removal) before or at the first customer for the groundwater
source. Notification to the Agency must include engineering, operational, or
other information that the Agency requests by a SEP to evaluate the
submission.
B) The supplier must
conduct compliance monitoring, as required under Section 611.803(b)(3), within
30 days after placing the source in service.
C) The supplier must conduct groundwater
source monitoring under Section
611.802
if it subsequently discontinues 4-log treatment of viruses (using inactivation,
removal, or an Agency-approved combination of 4-log virus inactivation and
removal) before or at the first customer for the groundwater source.
3) Monitoring Requirements. A GWS
supplier subject to the requirements of subsection (a), (b)(1), or (b)(2) must
monitor the effectiveness and reliability of treatment for that groundwater
source before or at the first customer as follows:
A) Chemical Disinfection
i) GWS Suppliers Serving More Than 3,300
People. A GWS supplier that serves more than 3,300 people must continuously
monitor the residual disinfectant concentration using analytical methods
specified in Section
611.531(b)
at a location approved by the Agency and must record the lowest residual
disinfectant concentration each day that water from the groundwater source is
served to the public. The GWS supplier must maintain the Agency-approved
residual disinfectant concentration every day it serves water from the
groundwater source to the public. If there is a failure in the continuous
monitoring equipment, the GWS supplier must conduct grab sampling every four
hours until the continuous monitoring equipment is returned to service. The
supplier must resume continuous residual disinfectant monitoring within 14
days.
ii) GWS Suppliers Serving
3,300 or Fewer People. A GWS supplier that serves 3,300 or fewer people must
monitor the residual disinfectant concentration using analytical methods
specified in Section
611.531(b)
at a location approved by the Agency and record the residual disinfection
concentration each day that water from the groundwater source is served to the
public. The GWS supplier must determine and maintain the Agency-approved
residual disinfectant concentration every day that it serves water from the
groundwater source to the public. The GWS supplier must take a daily grab
sample during the hour of peak flow or at another time specified by the Agency.
If any daily grab sample measurement falls below the Agency-approved residual
disinfectant concentration, the GWS supplier must take follow-up samples every
four hours until the residual disinfectant concentration is restored to the
Agency-approved level. Alternatively, a GWS supplier that serves 3,300 or fewer
people may monitor continuously and meet the requirements of subsection
(b)(3)(A)(i).
B)
Membrane Filtration. A GWS supplier that uses membrane filtration to meet the
requirements of this Subpart S must monitor the membrane filtration process in
accordance with all Agency-specified monitoring requirements and must operate
the membrane filtration in accordance with all Agency-specified compliance
requirements. A GWS supplier that uses membrane filtration is in compliance
with the requirement to achieve at least 4-log removal of viruses when it
fulfills the following conditions:
i) The
membrane has an absolute molecular weight cut-off, or an alternative parameter
that describes the exclusion characteristics of the membrane, that can reliably
achieve at least 4-log removal of viruses;
ii) The membrane process is operated in
accordance with Agency-specified compliance requirements; and
iii) The integrity of the membrane is
intact.
C) Alternative
Treatment. A GWS supplier that uses an Agency-approved alternative treatment to
meet the requirements of this Subpart S by providing at least 4-log treatment
of viruses (using inactivation, removal, or an Agency-approved combination of
4-log virus inactivation and removal) before or at the first customer must do
both of the following:
i) It must monitor the
alternative treatment in accordance with all Agency-specified monitoring
requirements; and
ii) It must
operate the alternative treatment in accordance with all operational
requirements determined by the supplier that the Agency has approved as
necessary to achieve at least 4-log treatment of viruses.
c) Discontinuing
Treatment. A GWS supplier may discontinue 4-log treatment of viruses (using
inactivation, removal, or an Agency-approved combination of 4-log virus
inactivation and removal) before or at the first customer for a groundwater
source if the supplier determines and documents and the Agency approves in
writing that 4-log treatment of viruses is no longer necessary for that
groundwater source. A system that discontinues 4-log treatment of viruses is
subject to the source water monitoring and analytical methods requirements of
Section
611.802
of this Subpart S.
d) A failure to
meet the monitoring requirements of subsection (b) is a monitoring violation
and requires the GWS supplier to provide public notification under Section
611.904.
BOARD NOTE: Derived from
40 CFR
141.403.