Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 22.00 - Drinking Water
Section 22.26 - Ground Water Rule
Universal Citation: 310 MA Code of Regs 310.22
Current through Register 1531, September 27, 2024
(1) General Requirements and Applicability.
(a)
Applicability.
310 CMR 22.26 applies to all Public Water Systems that use groundwater except
that it does not apply to Public Water Systems that combine all of their
groundwater with Surface Water or with Groundwater under the Direct Influence
of Surface Water prior to treatment. For the purposes of 310 CMR 22.26,
"groundwater system" is defined as any Public Water System meeting this
applicability statement, including consecutive systems receiving finished
groundwater.
(b)
General Requirements. Systems subject to 310 CMR 22.26
must comply with the following requirements:
1. Sanitary survey information requirements
for all groundwater systems as described in 310 CMR 22.26(2).
2. Microbial source water monitoring
requirements for groundwater systems that do not treat all of their groundwater
to at least 99.99% (4-log) treatment of Viruses (using inactivation, removal,
or a Department-approved combination of 4-log Virus inactivation and removal)
before or at the first customer as described in 310 CMR 22.26(3).
3. Treatment Technique requirements,
described in 310 CMR 22.26(4), that apply to groundwater systems that have
fecally contaminated source waters, as determined by source water monitoring
conducted under 310 CMR 22.26(3), or that have significant deficiencies that
are identified by the Department. A groundwater system with fecally
contaminated source water or with significant deficiencies subject to the
Treatment Technique requirements of 310 CMR 22.26 must implement one or more of
the following corrective action options:
a.
correct all significant deficiencies;
b. provide an alternate source of
water;
c. eliminate the source of
contamination; or
d. provide
treatment that reliably achieves at least 4-log treatment of Viruses (using
inactivation, removal, or a Department-approved combination of 4-log Virus
inactivation and removal) before or at the first customer.
4. Groundwater systems that provide at least
4-log treatment of Viruses (using inactivation, removal, or a
Department-approved combination of 4-log Virus inactivation and removal) before
or at the first customer are required to conduct compliance monitoring to
demonstrate treatment effectiveness, as described in 310 CMR
22.26(4)(b).
(c)
Compliance Date. Groundwater systems must comply,
unless otherwise noted, with the requirements of 310 CMR 22.26 beginning
December 1, 2009.
(2) Sanitary Surveys for Groundwater Systems.
(a) Groundwater systems must provide the
Department or its agents, at the Department's request, any existing information
that will enable the Department to conduct a Sanitary Survey.
(b) For the purposes of 310 CMR 22.26, a
Sanitary Survey, as conducted by the Department or its agents, includes but is
not limited to, an onsite review of the water source(s) (identifying sources of
contamination by using results of source water assessments or other relevant
information where available), facilities, equipment, operation, maintenance,
and monitoring compliance of a Public Water System to evaluate the adequacy of
the system, its sources and operations and the distribution of safe drinking
water.
(c) The Sanitary Survey must
include a written evaluation of the applicable components listed in 310 CMR
22.26(2)(c)1. through 8.:
1. Source;
2. Treatment;
3. Distribution System;
4. Finished water storage;
5. Pumps, pump facilities, and
controls;
6. Monitoring, reporting,
and data verification;
7. System
management and operation; and
8.
Operator compliance with Department requirements.
(3) Groundwater Source Microbial Monitoring and Analytical Methods.
(a)
Triggered Source Water
Monitoring.
1.
General Requirements. A groundwater system must
conduct triggered source water monitoring if the conditions identified in 310
CMR 22.26(3)(a)1.a. and b. exist.
a. The
system does not provide at least 4-log treatment of Viruses (using
inactivation, removal, or a Department-approved combination of 4-log Virus
inactivation and removal) before or at the first customer for each groundwater
source; and
b. The system is
notified that a sample collected under 310 CMR 22.05(1)(a) is total
coliform-positive and the sample is not invalidated under 310 CMR
22.05(3).
2.
Sampling Requirements. A groundwater system must
collect, within 24 hours of notification of the total coliform-positive sample,
at least one groundwater source sample from each groundwater source in use at
the time the total coliform-positive sample was collected, except as provided
in 310 CMR 22.26(3)(a)2.b.
a. The Department
may extend the 24-hour time limit on a case-by-case basis if the system cannot
collect the groundwater source water sample within 24 hours due to
circumstances beyond its control. The system must contact the Department for
pre-approval of the delay of sampling. In the case of an extension, the
Department will specify in writing how much time the system has to collect the
sample.
b. If approved by the
Department, systems with more than one groundwater source may meet the
requirements of 310 CMR 22.26(3)(a)2. by sampling a representative groundwater
source or sources. Systems must submit for Department approval a triggered
source water monitoring plan that identifies one or more groundwater sources
that are representative of each monitoring site in the system's sample siting
plan under 310 CMR 22.05(1) and that the system intends to use for
representative sampling under 310 CMR 22.26(3). After December 1, 2009, a
system that has not received written Department approval of their triggered
source water monitoring plan, must collect triggered source water samples as
required by 310 CMR 22.26(3)(a)2. until written approval is received.
c. A groundwater system serving 1,000 people
or fewer may use a repeat sample collected from a groundwater source to meet
both the requirements of 310 CMR 22.05(2) and to satisfy the monitoring
requirements of 310 CMR 22.26(3)(a)2. for that groundwater source:
i. if E. coli is used as a
fecal indicator for source water monitoring pursuant to 310 CMR 22.26(3)(a)3.;
and
ii. if the Department, pursuant
to 310 CMR 22.05(1)(a)3.d.ii., has approved the use of a single sample for
meeting both the triggered source water monitoring requirements in 310 CMR
22.26(3)(a) and the repeat monitoring requirements in 310 CMR 22.05(2).
If the repeat sample collected for the groundwater source is E. coli positive, the system shall comply with 310 CMR 22.26(3)(a)4.
d.
A groundwater system may use a Raw Water sample collected to meet the
requirements of 310 CMR 22.05(1) to satisfy the monitoring requirements of 310
CMR 22.26(3)(a)2. for that groundwater source only if: the Raw Water sample was
collected on the same day as the distribution sample that tested total
coliform-positive under 310 CMR 22.05(1) and triggered the requirements of 310
CMR 22.26(3)(a)2.; and the Raw Water sample was analyzed in accordance with 310
CMR 22.05(3)(b)1. and the analytical methods in 310 CMR 22.26(3)(c). If the Raw
Water sample is total coliform-negative, no additional testing is required
under 310 CMR 22.26 unless otherwise determined by the Department.
3.
Fecal Indicator
Requirement.
a. All Non-transient
Non-community Water Systems, all Transient Non-community Water Systems and each
Community Water System serving 3,300 or fewer people shall use E. coli
as the fecal indicator to comply with 310 CMR 22.26(3)(a).
b. For Community Water Systems serving
greater than 3,300 people:
i. If E.
coli is detected in samples collected under 310 CMR 22.05(1), the
Community Water System shall use E. coli as the fecal
indicator to comply with 310 CMR 22.26(3)(a).
ii. If total coliform is detected in samples
collected under 310 CMR 22.05(1) without the confirmation of E.
coli, the Community Water System shall use enterococci
as the fecal indicator to comply with 310 CMR 22.26(3)(a).
c. Testing for additional fecal
indicators may be required to further evaluate contamination at a groundwater
source.
4.
Additional Requirements. If the Department does not
require corrective action under 310 CMR 22.26(4)(a)2. for a fecal
indicator-positive source water sample collected under 310 CMR 22.26(3)(a)2.
that is not invalidated under 310 CMR 22.26(3)(d), the system must collect five
additional source water samples from the same source within 24 hours of being
notified of the fecal indicator-positive sample.
5.
Consecutive and Wholesale
Systems.
a. In addition to the
other requirements of 310 CMR 22.26(3)(a), a consecutive groundwater system
that has a total coliform-positive sample collected under 310 CMR 22.05(1) must
notify the Wholesale System(s) within 24 hours of being notified of the total
coliform-positive sample.
b. In
addition to the other requirements of 310 CMR 22.26(3)(a), a wholesale
groundwater system must comply with 310 CMR 22.26(3)(a)5.b.i. and ii.
i. A wholesale groundwater system that
receives notice from a consecutive system it serves that a sample collected
under 310 CMR 22.05(1) is total coliform-positive must, within 24 hours of
being notified, collect a sample from its groundwater source(s) under 310 CMR
22.26(3)(a)2. and analyze it for a fecal indicator under 310 CMR
22.26(3)(c).
ii. If the sample
collected under 310 CMR 22.26(3)(a)5.b.i. is fecal indicator-positive, the
wholesale groundwater system must notify all consecutive systems served by that
groundwater source of the fecal indicator source water positive within 24 hours
of being notified of the groundwater source water sample monitoring result and
must meet the requirements of 310 CMR 22.26(3)(a)4.
6.
Exceptions to the
Triggered Source Water Monitoring Requirements. A groundwater
system is not required to comply with the source water monitoring requirements
of 310 CMR 22.26(3)(a) if either of the following conditions exists:
a. The Department determines, and documents
in writing, that the total coliform-positive sample collected under 310 CMR
22.05(1) is caused by a Distribution System deficiency; or
b. The total coliform-positive sample
collected under 310 CMR 22.05(1)(a) is collected at a location that meets
Department criteria for Distribution System conditions that will cause total
coliform-positive samples.
(b)
Other Source Water
Monitoring.
1. A groundwater
system meeting the applicability requirements of 310 CMR 22.26(1)(a) that does
not treat their groundwater to at least 99.99% (4-log) treatment of Viruses and
conducts any type of source water monitoring under 310 CMR 22.00 or otherwise
that includes analysis of total coliform, E. coli,
enterococci, or coliphage is subject to the requirements of 310 CMR 22.26 if
the source water sample analysis yields a positive result. The requirements of
310 CMR 22.26 apply only to the groundwater sources with positive source water
sample results. A positive sample shall satisfy the monitoring requirements of
310 CMR 22.26(3)(a)2. If the source water sample is tested for total coliform,
and the sample is total coliform-positive, the system must analyze that total
coliform-positive culture medium for E. coli. E. coli
shall serve as the fecal indicator under this condition.
2. The Department reserves the right to
require additional source water monitoring for fecal indicators using
analytical methods as defined under 310 CMR 22.26(3)(c) if circumstances
warrant additional testing to determine system vulnerability.
(c)
Analytical
Methods.
1. A groundwater system
subject to the source water monitoring requirements of 310 CMR 22.26(3)(a) must
collect a Standard Sample volume of at least 100 mL for fecal indicator
analysis regardless of the fecal indicator or analytical methods
used.
2. A groundwater system must
analyze all groundwater source samples collected under 310 CMR 22.26(3)(a) and
(b) using methods listed in the following table in 310 CMR 22.26(3)(c)2. for
the presence of E. coli or enterococci as specified in 310 CMR
22.26(3)(a)3. The Department reserves the right to require coliphage analysis.
Analytical Methods for Source Water Monitoring
|
Fecal Indicator 1 |
Methodology |
Method Citation |
|
E.coli |
Colilert®3 Colisure®3 Colilert-18® Membrane Filter Method with MI Agar E*Colite Test5 NA-MUG |
SM 9223 B2 SM 9223 B2 SM 9223 B EPA Method 16044 SM 9222 G2 |
|
Enterococci |
Membrane Filter Technique Membrane Filter Technique Enterolert TM 7 |
SM 9230C2 EPA Method 16006 |
|
Coliphage |
Two-step Enrichment Presence-absence Procedure Single Agar Layer Procedure |
EPA Method 16018 EPA Method 16029 |
Analyses must be conducted in accordance with the documents listed below. Copies may be inspected at EPA's Drinking Water Docket, EPA West, 1301 Constitution Avenue, NW, EPA West, Room B102, Washington DC 20460 (Telephone: 202-566-2426); or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
1 The time from sample collection to initiation of analysis may not exceed 30 hours. The groundwater system is encouraged but is not required to hold samples below 10ºC during transit.
2 Methods are described in Standard Methods for the Examination of Water and Wastewater 20th edition (1998) and copies may be obtained from the American Public Health Association, 1015 Fifteenth Street, NW, Washington, DC 20005-2605.
3 Medium is available through IDEXX Laboratories, Inc., One IDEXX Drive, Westbrook, Maine 04092
4 EPA Method 1604: Total Coliforms and Escherichia coli in Water by Membrane Filtration Using a Simultaneous Detection Technique (MI Medium); September 2002, EPA 821-R-02-024. Method is available at http://www.epa.gov/nerlcwww/1604sp02.pdf or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW, Washington, D.C. 20460.
5 A description of the E*Colite Test, Charm E*Colite Presence/Absence Test for Detection and Identification of Coliform Bacteria and Escherichia coli in Drinking Water, January 9, 1998, is available from Charm Sciences, Inc, 659 And over St., Lawrence, MA 01843-1032 or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW, Washington, DC 20460.
6 EPA Method 1600: Enterococci in Water by Membrane Filtration Using membrane-Enterococcus Indoxyl-[beta]-D-Glucoside Agar (mEI) EPA 821-R-02-022 (September 2002) is an approved variation of Standard Method 9230C. The method is available at http://www.epa.gov/nerlcwww/1600sp02.pdf or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW, Washington, DC 20460. The holding time and temperature for groundwater samples are specified in footnote 1, rather than as specified in Section 8 of EPA Method 1600.
7 DEXX Laboratories, Inc., One IDEXX Drive, Westbrook, Maine 04092. Preparation and use of the medium is set forth in the article Evaluation of Enterolert for Enumeration of Enterococci in Recreational Waters, by Budnick, G.E., Howard, R.T., and Mayo, D.R., 1996, Applied and Environmental Microbiology, 62:3881- 3884.
8 EPA Method 1601: Male-specific (F+) and Somatic Coliphage in Water by Two-step Enrichment Procedure; April 2001, EPA 821-R-01-030. Method is available at http://www.epa.gov/nerlcwww/1601ap01.pdf or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW, Washington, DC 20460.
9 EPA Method 1602: Male-specific (F+) and Somatic Coliphage in Water by Single Agar Layer (SAL) Procedure; April 2001, EPA 821-R-01-029. Method is available at http://www.epa.gov/nerlcwww/1601ap01.pdf or from EPA's Water Resource Center (RC-4100T), 1200 Pennsylvania Avenue, NW, Washington, DC 20460.
(d)
Invalidation of a Fecal
Indicator-positive Groundwater Source Sample.
1. A groundwater system may obtain Department
invalidation of a fecal indicator-positive groundwater source sample collected
under 310 CMR 22.26(3)(a) only under the conditions specified in 310 CMR
22.26(3)(d)1.a. and b.
a. The system provides
the Department with written notice from the laboratory that improper sample
analysis occurred; or
b. The
Department determines and documents in writing that there is substantial
evidence that a fecal indicator-positive groundwater source sample is not
related to source water quality.
2. If the Department invalidates a fecal
indicator-positive groundwater source sample, the groundwater system must
collect another source water sample under 310 CMR 22.26(3)(a) within 24 hours
of being notified by the Department of its invalidation decision and have it
analyzed for the same fecal indicator using the analytical methods in 310 CMR
22.26(3)(c). The Department may extend the 24-hour time limit on a case-by-case
basis if the system cannot collect the source water sample within 24 hours due
to circumstances beyond its control. In the case of an extension, the
Department will specify how much time the system has to collect the
sample.
(e)
Sampling Location.
1.
Any groundwater source sample required under 310 CMR 22.26(3)(a) must be
collected at a location prior to any treatment of the groundwater source. All
systems are required to maintain a Raw Water source water sample tap in
accordance with 310 CMR 22.05(1)(a)1.
2. If the system's configuration does not
allow for sampling at the well itself, the system may collect a sample at a
Department-approved location to meet the requirements of 310 CMR 22.26(3)(a) if
the sample is representative of the water quality of that well. Approval must
be received in writing.
(f)
New Sources. A
groundwater system that plans to place a new groundwater source into service
after November 30, 2009, must conduct source water monitoring in accordance
with Chapter 4 of the Massachusetts Guidelines for Public Water Systems
and may have to meet the requirements of 310 CMR 22.26(3)(b) if the
Department determines additional testing is required.
(g)
Public
Notification. A groundwater system with a groundwater source
sample collected under 310 CMR 22.26(3)(a) or (b) that is fecal
indicator-positive and that is not invalidated under 310 CMR 22.26(3)(d),
including consecutive systems served by the groundwater source, must conduct
public notification under 310 CMR 22.16.
(h)
Monitoring
Violations. Failure to meet the requirements of 310 CMR
22.26(3)(a) through (f) is a monitoring violation and requires the groundwater
system to report each failure to the Department pursuant to 310 CMR 22.15(1),
and provide public notification under 310 CMR 22.16.
(i)
Department
Notification. The Supplier of Water shall notify the Department by
the end of the day that it is notified of a fecal indicator-positive source
water test result. If the Supplier of Water receives such notification outside
of the Department's regular business hours, then it shall provide notification
to the Department by calling the Department's Emergency notification telephone
number and using any other electronic reporting tool designated by the
Department, or other Department designated telephone numbers.
(4) Treatment Technique Requirements for Groundwater Systems.
(a) Groundwater systems with significant
deficiencies or source water fecal contamination.
1. The Treatment Technique requirements of
310 CMR 22.26(4) must be met by groundwater systems when a Significant
Deficiency is identified or when a groundwater source sample collected under
310 CMR 22.26(3)(a)4. is fecal indicator-positive.
2. If directed by the Department, a
groundwater system with a groundwater source sample collected under 310 CMR
22.26(3)(a)2., 5., or (b) that is fecal indicator positive must comply with the
Treatment Technique requirements of 310 CMR 22.26(4).
3. When a Significant Deficiency is
identified at a surface or Groundwater Under the Direct Influence of Surface
Water Public Water System that uses both Groundwater and Surface Water or
Groundwater under the Direct Influence of Surface Water, the system must comply
with provisions of 310 CMR 22.26(4) except in cases where the Department
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 Department directs the groundwater system to implement a specific
corrective action, the groundwater system must consult with the Department
regarding the appropriate corrective action within 30 days of receiving written
notice from the Department of a Significant Deficiency, written notice from a
laboratory that a groundwater source sample collected under 310 CMR
22.26(3)(a)4. was found to be fecal-indicator-positive, or direction from the
Department that a fecal indicator-positive sample collected under 310 CMR
22.26(3)(a)2., 5., or (b) requires corrective action. For the purposes of 310
CMR 22.26, significant deficiencies include, but are not limited to, defects in
design, operation, or maintenance, or a failure or malfunction of the sources,
treatment, storage, or Distribution System that the Department 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 Department) of receiving written notification from the Department of a
Significant Deficiency, written notice from a laboratory that a groundwater
source sample collected under 310 CMR 22.26(3)(a)4. was found to be fecal
indicator-positive, or direction from the Department that a fecal
indicator-positive sample collected under 310 CMR 22.26(3)(a)2., 5., or (b)
requires corrective action, the groundwater system must either:
a. Have completed corrective action in
accordance with applicable Department plan review processes or other Department
guidance or direction, if any, including Department-specified interim measures;
or
b. Be in compliance with a
Department-approved corrective action plan and schedule subject to the
conditions specified in 310 CMR 22.26(4)(a)5.b.i. and ii.
i. Any subsequent modifications to a
Department-approved corrective action plan and schedule must also be approved
by the Department.
ii. If the
Department specifies interim measures for protection of the public health
pending Department approval of the corrective action plan and schedule or
pending completion of the corrective action plan, the system must comply with
these interim measures as well as with any schedule specified by the
Department.
iii. Corrective action
plans submitted under 310 CMR 22.05(4) or 22.26(4) may be considered for
purposes of 310 CMR 22.26(4)(a)5., as appropriate.
6.
Corrective Action
Alternatives. Groundwater systems that meet the conditions of 310
CMR 22.26(4)(a)1. or 2. must implement one or more of the following corrective
action alternatives:
a. Correct all
significant deficiencies;
b.
Provide an alternate source of water;
c. Eliminate the source of contamination;
or
d. Provide treatment that
reliably achieves at least 4-log treatment of Viruses (using inactivation,
removal, or a Department-approved combination of 4-log Virus inactivation and
removal) before or at the first customer for the groundwater source.
(b)
Compliance Monitoring.
1.
Existing Groundwater
Sources. A groundwater system that is not required to meet the
source water monitoring requirements of 310 CMR 22.26 for any groundwater
source because it provides at least 4-log treatment of Viruses (using
inactivation, removal, or a Department-approved combination of 4-log Virus
inactivation and removal) before or at the first customer for any groundwater
source before December 1, 2009, must notify the Department in writing that it
provides at least 4-log treatment of Viruses (using inactivation, removal, or a
Department-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 310 CMR 22.26(4)(b)3. by December 1,
2009. Notification to the Department must include engineering, operational, or
other information that the Department requests to evaluate the submission. If
the system subsequently discontinues 4-log treatment of Viruses (using
inactivation, removal, or a Department-approved combination of 4-log Virus
inactivation and removal) before or at the first customer for a groundwater
source, the system must conduct groundwater source monitoring as required 310
CMR 22.26(3).
2.
New
Groundwater Sources. A groundwater system that places a
groundwater source in service after November 30, 2009, that is not required to
meet the source water monitoring requirements of 310 CMR 22.26 because the
system provides at least 4-log treatment of Viruses (using inactivation,
removal, or a Department-approved combination of 4-log Virus inactivation and
removal) before or at the first customer for the groundwater source must comply
with the requirements of 310 CMR 22.26(4)(b)2.a. through c.
a. The system must notify the Department in
writing that it provides at least 4-log treatment of Viruses (using
inactivation, removal, or a Department-approved combination of 4-log Virus
inactivation and removal) before or at the first customer for the groundwater
source. Notification to the Department must include engineering, operational,
or other information that the Department requests to evaluate the
submission.
b. The system must
conduct compliance monitoring as required under 310 CMR 22.26(4)(b)3. within 30
days of placing the source in service.
c. The system must conduct groundwater source
monitoring under 310 CMR 22.26(3) if the system subsequently discontinues 4-log
treatment of Viruses (using inactivation, removal, or a Department-approved
combination of 4-log Virus inactivation and removal) before or at the first
customer for the groundwater source.
3.
Monitoring
Requirements. A groundwater system subject to the requirements of
310 CMR 22.26(4)(a) or (b)1. or 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.
Groundwater Systems Serving Greater than 3,300 People.
A groundwater system that serves greater than 3,300 people must continuously
monitor the Residual Disinfectant Concentration using analytical methods
specified in 310 CMR 22.20A(5)(a)2. at a location approved by the Department
and must record the lowest Residual Disinfectant Concentration each day that
water from the groundwater source is served to the public. The groundwater
system must maintain the Department-determined Residual Disinfectant
Concentration every day the groundwater system serves water from the
groundwater source to the public. If there is a failure in the continuous
monitoring equipment, the groundwater system must conduct grab sampling every
four hours until the continuous monitoring equipment is returned to service.
The system must resume continuous residual Disinfectant monitoring within 14
days.
ii.
Groundwater
Systems Serving 3,300 or Fewer People. A groundwater system that
serves 3,300 or fewer people must monitor the Residual Disinfectant
Concentration using analytical methods specified in 310 CMR 22.20A(5)(a)2. at a
location approved by the Department and record the residual Disinfection
concentration each day that water from the groundwater source is served to the
public. The groundwater system must maintain the Department-determined Residual
Disinfectant Concentration every day the groundwater system serves water from
the groundwater source to the public. The groundwater system must take a daily
grab sample during the hour of peak flow or at another time specified by the
Department. If any daily grab sample measurement falls below the
Department-determined Residual Disinfectant Concentration, the groundwater
system must take follow-up samples every four hours until the Residual
Disinfectant Concentration is restored to the Department-determined level.
Alternatively, a groundwater system that serves 3,300 or fewer people may
monitor continuously and meet the requirements of 310 CMR
22.26(4)(b)3.a.i.
b.
Membrane Filtration. A groundwater system that uses
Membrane Filtration to meet the requirements of 310 CMR 22.26 must monitor the
Membrane Filtration process in accordance with all Department-specified
monitoring requirements and must operate the Membrane Filtration in accordance
with all Department-specified compliance requirements. A groundwater system
that uses Membrane Filtration is in compliance with the requirement to achieve
at least 4-log removal of Viruses when:
i. The
membrane has an absolute molecular weight cut-off (MWCO), or an alternate
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 Department-specified compliance requirements; and
iii. The integrity of the membrane is intact.
c.
Alternative Treatment. A groundwater system that uses
a Department-approved alternative treatment to meet the requirements of 310 CMR
22.26 by providing at least 4-log treatment of Viruses (using inactivation,
removal, or a Department-approved combination of 4-log Virus inactivation and
removal) before or at the first customer must:
i. Monitor the alternative treatment in
accordance with all Department-specified monitoring requirements; and
ii. Operate the alternative
treatment in accordance with all compliance requirements that the Department
determines to be necessary to achieve at least 4-log treatment of Viruses.
(c)
Discontinuing Treatment. A groundwater system may
discontinue 4-log treatment of Viruses (using inactivation, removal, or a
Department-approved combination of 4-log Virus inactivation and removal) before
or at the first customer for a groundwater source if the Department determines
and documents 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 310 CMR 22.26(3).
(d) Failure to meet the monitoring
requirements of 310 CMR 22.26(4)(b) is a monitoring violation and requires the
groundwater system to provide public notification under 310 CMR
22.16(4).
(5) Treatment Technique Violations for Groundwater Systems.
(a) A groundwater system
with a Significant Deficiency is in violation of the Treatment Technique
requirement if, within 120 days (or earlier if directed by the Department) of
receiving written notice from the Department of the Significant Deficiency, the
system:
1. Does not complete corrective action
in accordance with any applicable Department plan review processes or other
Department guidance and direction, including Department specified interim
actions and measures, or
2. Is not
in compliance with a Department-approved corrective action plan and
schedule.
(b) Unless the
Department invalidates a fecal indicator-positive groundwater source sample
under 310 CMR 22.26(3)(d), a groundwater system is in violation of the
Treatment Technique requirement if, within 120 days (or earlier if directed by
the Department of meeting the conditions of 310 CMR 22.26(4)(a)1. or 2., the
system:
1. Does not complete corrective action
in accordance with any applicable Department plan review processes or other
Department guidance and direction, including Department-specified interim
measures, or
2. Is not in
compliance with a Department-approved corrective action plan and
schedule.
(c) A
groundwater system subject to the requirements of 310 CMR 22.26(4)(b)3. that
fails to maintain at least 4-log treatment of Viruses (using inactivation,
removal, or a Department-approved combination of 4-log Virus inactivation and
removal) before or at the first customer for a groundwater source is in
violation of the Treatment Technique requirement if the failure is not
corrected within four hours of determining the system is not maintaining at
least 4-log treatment of Viruses before or at the first customer.
(d) Groundwater system must give public
notification under 310 CMR 22.16 for the Treatment Technique violations
specified in 310 CMR 22.26(5)(a) through (c).
(6) Reporting and Recordkeeping for Groundwater Systems.
(a)
Reporting. In addition to the requirements of 310 CMR
22.15, a groundwater system regulated under 310 CMR 22.26 must provide the
following information to the Department:
1. A
groundwater system conducting compliance monitoring under 310 CMR 22.26(4)(b)
must notify the Department any time the system fails to meet any
Department-specified requirements including, but not limited to, minimum
Residual Disinfectant Concentration, membrane operating criteria or membrane
integrity, and alternative treatment operating criteria, if operation in
accordance with the criteria or requirements is not restored within four hours.
The groundwater system must notify the Department as soon as possible, but in
no case later than the end of the next business day.
2. After completing any corrective action
under 310 CMR 22.26(4)(a), a groundwater system must notify the Department
within 30 days of completion of the corrective action.
3. If a groundwater system subject to the
requirements of 310 CMR 22.26(3)(a) does not conduct source water monitoring
under 310 CMR 22.26(3)(a)6.b., the system must provide documentation to the
Department within 30 days of the total coliform-positive sample that it met the
Department criteria.
(b)
Recordkeeping. In addition to the requirements of 310
CMR 22.17, a groundwater system regulated under 310 CMR 22.26 must maintain the
following information in its records:
1.
Documentation of Corrective Actions. Documentation
shall be kept for a period of not less than ten years.
2. Documentation of notice to the public as
required under 310 CMR 22.16A(8). Documentation shall be kept for a period of
not less than three years.
3.
Records of decisions under 310 CMR 22.26(3)(a)6.b. and records of invalidation
of fecal indicator-positive groundwater source samples under 310 CMR
22.26(3)(d). Documentation shall be kept for a period of not less than five
years.
4. For consecutive systems,
documentation of notification to the Wholesale System(s) of total-coliform
positive samples that are not invalidated under 310 CMR 22.05(3). Documentation
shall be kept for a period of not less than five years.
5. For systems, including Wholesale Systems,
that are required to perform compliance monitoring under 310 CMR 22.26(4)(b):
a. Records of the Department-specified
minimum Disinfectant residual. Documentation shall be kept for a period of not
less than ten years.
b. Records of
the lowest daily Residual Disinfectant Concentration and records of the date
and duration of any failure to maintain the Department-prescribed minimum
Residual Disinfectant Concentration for a period of more than four hours.
Documentation shall be kept for a period of not less than five years.
c. Records of Department-specified compliance
requirements for Membrane Filtration and of parameters specified by the
Department for Department-approved alternative treatment and records of the
date and duration of any failure to meet the membrane operating, membrane
integrity, or alternative treatment operating requirements for more than four
hours. Documentation shall be kept for a period of not less than five
years.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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