Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Existing eligible public drinking water supply.
Only existing eligible public drinking water supply projects
can be assigned priority points under subparts 2 to 4b.
Subp. 2.
Acute violations.
A maximum of 100 priority points may be assigned to a project
as described in items A to E.
A.
Twenty-five priority points must be assigned if there have been one or more
violations defined as an acute violation in Code of Federal Regulations, title
40, section 141.32(a)(1)(iii)(A),
within the past 36 calendar months.
B. Twenty-five priority points must be
assigned if there have been one or more violations of the nitrate or nitrite
maximum contaminant level defined in Code of Federal Regulations, title 40,
section 141.62, within the past 36 calendar months.
C. Twenty-five priority points must be
assigned if there have been one or more occurrences defined as a waterborne
disease outbreak in Code of Federal Regulations, title 40, section 141.2,
within the past 36 calendar months.
D. Twenty-five priority points must be
assigned if there have been one or more violations of the maximum contaminant
level for E. coli pursuant to Code of Federal Regulations, title 40, section
141.860(a), when E. coli is determined to be present in the wells of a
groundwater system or at the point of entry for a surface water system within
the past 36 calendar months.
E.
Fifteen priority points must be assigned if there have been one or more
violations of the maximum contaminant level for E. coli pursuant to Code of
Federal Regulations, title 40, section 141.860(a), when E. coli is determined
to be present in a part of the system other than the wells of a groundwater
system or at the point of entry for a surface water system within the past 36
calendar months. Points may not be assigned under this item if points have been
assigned under item D.
Subp.
3.
Failure to comply with treatment technique
requirements.
A. Fifteen priority
points must be assigned if there have been one or more failures to comply with
a treatment technique requirement pursuant to Code of Federal Regulations,
title 40, sections 141.70 to 141.74.
B. Thirteen priority points must be assigned
if there have been one or more failures to comply with a treatment technique
requirement, other than those referred to in item A, within the past 36
calendar months. Additional points must not be assigned for multiple failures
to comply with the same requirement.
Subp. 4.
Violations of nonacute primary
maximum contaminant levels.
Fifteen priority points must be assigned if there has been a
violation of any nonacute primary maximum contaminant levels within the past 36
calendar months.
Subp. 4a.
Exceeding a confirmed health advisory level.
Fifteen priority points must be assigned if a confirmed
health advisory level has been exceeded within the past 36 calendar
months.
Subp. 4b.
Lead
service lines.
Fifteen priority points must be assigned if the project
results in the replacement of lead service lines. Documentation of the number
of lead service lines in the project area must be provided. The proposed
project must include replacing all portions of the water service line
downstream of any lead components.
Subp.
5.
Contaminated private wells.
Only projects that will result in the creation of an eligible
public water supply or connection to an eligible public water supply may be
assigned points under this subpart. More than 50 percent of the private wells
in the proposed project service area must meet a criterion in item A or B for
priority points to be assigned under item A or B. If 50 percent or less of the
private wells in the proposed project service area meet a criterion, one-half
of the listed points must be assigned. Results of tests, done in accordance
with the United States Environmental Protection Agency approved analytical
methods, must be submitted.
A.
Twenty-five priority points must be assigned if test results indicate that a
condition exists that meets the criteria in subpart 2, item A, B, C, or
D.
B. Ten priority points must be
assigned if a drinking water advisory has been issued or a special well
construction area has been established by the Minnesota Department of
Health.
Statutory Authority: MS s
446A.081
