Sec. 16.
(a) A PWS
may receive a 0.5-log Cryptosporidium treatment credit for implementing a
watershed control program that meets the requirements of this section, if the
PWS meets the following:
(1) A PWS that
intends to apply for the watershed control program credit shall notify the
commissioner of this intent not later than two (2) years prior to the treatment
compliance date applicable to the system under section 13 of this
rule.
(2) In order for a PWS to
receive watershed control program treatment credit, a watershed control plan
must be approved by the commissioner. A PWS shall submit to the commissioner a
proposed watershed control plan not later than one (1) year before the
applicable treatment compliance date in section 13 of this rule. The watershed
control plan must include the following elements:
(A) Identification of an area of influence
outside of which the likelihood of Cryptosporidium or fecal contamination
affecting the treatment plant intake is not significant. The area of influence
is the area to be evaluated in future watershed surveys under subdivision
(5)(B).
(B) Identification of both
potential and actual sources of Cryptosporidium contamination and an assessment
of the relative impact of these sources on the source water quality for the
PWS.
(C) An analysis of the
effectiveness and feasibility of control measures that could reduce
Cryptosporidium loading from sources of contamination to the source water for
the PWS.
(D) A statement of goals
and specific actions the PWS will undertake to reduce source water
Cryptosporidium levels, including the following:
(i) An explanation of how the actions are
expected to:
(AA) contribute to specific
goals;
(BB) identify watershed
partners and their roles; and
(CC)
identify resource requirements and commitments.
(ii) A schedule for plan implementation with
deadlines for completing specific actions identified in the plan.
(3) A PWS with a
watershed control program already in place on January 5, 2006, is eligible to
seek the watershed control program credit if the watershed control plan:
(A) meets the criteria in subdivision (2);
and
(B) specifies ongoing and
future actions that will reduce source water Cryptosporidium levels.
(4) If the PWS meets the
requirements of this section, but the commissioner does not respond to the PWS
regarding approval of its watershed control plan submitted under this section
by the date in Table 13 in section 13(b) of this rule, the:
(A) watershed control program will be
considered approved; and
(B)
0.5-log Cryptosporidium treatment credit will be awarded; unless and until the
commissioner subsequently withdraws the approval.
(5) A PWS shall complete the following
actions to maintain the 0.5-log Cryptosporidium treatment credit:
(A) Submit to the commissioner an annual
watershed control program status report that contains the following:
(i) A description of the PWS's implementation
of the approved plan.
(ii) An
assessment of the adequacy of the plan to meet its goals.
(iii) An explanation of how the PWS is
addressing any shortcomings in plan implementation, including shortcomings
identified:
(AA) previously by the
commissioner; or
(BB) as the result
of the watershed survey conducted under clause (B).
(iv) A description of any significant changes
that have occurred in the watershed since the last watershed sanitary survey. A
PWS shall notify the commissioner prior to making any significant changes to
its watershed control program and the notice must include the following:
(AA) The reason for proposing a significant
change, such as a determination by the PWS during implementation of the
watershed control program that making a significant change to its approved
watershed control program is necessary.
(BB) The actions the PWS will take to
mitigate any likelihood that the significant change could reduce the level of
source water protection.
(B)
Undergo a watershed sanitary survey every three (3) years for a CWS and every
five (5) years for an NCWS. The watershed sanitary survey must:
(i) be conducted according to guidelines set
by the commissioner and by persons approved by the commissioner;
(ii) result in a survey report submitted to
the commissioner; and
(iii) meet
the following criteria:
(AA) Encompass the
region identified as the area of influence in the watershed control plan
approved by the commissioner.
(BB)
Assess the implementation of actions to reduce source water Cryptosporidium
levels.
(CC) Identify any
significant new sources of Cryptosporidium. If the commissioner determines that
significant changes have occurred in the watershed since the previous watershed
sanitary survey, the PWS shall undergo another watershed sanitary survey by a
date required by the commissioner that may be at an earlier interval than the
three (3) or five (5) year interval specified under this clause.
(C) Make the following documents available to
the public upon request:
(i) The watershed
control plan.
(ii) Annual status
reports.
(iii) Watershed sanitary
survey reports.
These documents must be in a plain language style and include
criteria by which to evaluate the success of the program in achieving plan
goals. The commissioner may allow systems to withhold from the public those
portions of the documents that concern water supply security
considerations.
If the commissioner determines that a PWS is not carrying out
the approved watershed control plan, the commissioner may withdraw the
watershed control program treatment credit.
(b) Requirements for determining a different
bin classification based on an alternative source are as follows:
(1) A PWS may:
(A) conduct source water monitoring that
reflects a different:
(i) intake location in
either the same source or for an alternate source; or
(ii) procedure for the timing or level of
withdrawal from the source; and
(B) determine, with the commissioner's
approval, its bin classification under section 11 of this rule based on the
alternative source monitoring results.
(2) If a PWS conducts alternative source
monitoring under subdivision (1), the PWS shall also monitor its current plant
intake concurrently as described in
40 CFR
141.701, as incorporated under section
8(a)(1) of this rule.
(3)
Alternative source monitoring under subdivision (1) must:
(A) meet the requirements for source water
monitoring to determine bin classification as described in
40 CFR
141.701 through
40 CFR
141.706, as incorporated under section
8(a)(1) through 8(a)(6) of this rule; and
(B) be reported to the commissioner.
The report of the results must include supporting information
documenting the operating conditions under which the samples were
collected.
(4)
If a PWS determines its bin classification under section 11 of this rule
according to subdivision (1)(A) using alternative source monitoring results
that reflect a different intake location or a different procedure for managing
the timing or level of withdrawal from the source, the PWS shall:
(A) relocate the intake; or
(B) permanently adopt the withdrawal
procedure;
as applicable, not later than the applicable compliance date
in section 13 of this rule.