Current through September 17, 2024
The provisions of 179 NAC 3-004.01 and 3-004.04 are
applicable through March 31, 2016. The provisions of 179 NAC 3-004.02,
3-004.03, 3-004.05, 3-004.06, and 3-004.07 are applicable until all required
repeat monitoring under 179 NAC 3-004.02 and fecal coliform or E. coli testing
under 179 NAC 3-004.05 that was initiated by a total coliform-positive sample
taken before April 1, 2016 is completed, as well as analytical method,
reporting, recordkeeping, public notification, and consumer confidence report
requirements associated with that monitoring and testing. Beginning April 1,
2016, the provisions of 179 NAC 26 are applicable, with systems required to
begin regular monitoring at the same frequency as the system-specific frequency
required on March 31, 2016.
004.01
Routine Monitoring
3-004.01A The owners of
public water systems must collect total coliform samples at sites which are
representative of water throughout the distribution systems according to a
written sample site plan. These plans are subject to review and revision by the
Director. All biological samples must be mailed to the assigned laboratory
through the U.S. Postal Service, with the owner paying the postage, unless the
Director authorizes other means of transportation. The sample site plan must
consist of sampling points at sites scattered throughout various zones of the
distribution system. Each plan must provide for at least five sampling sites in
each zone and there must be as many zones as the number of routine total
coliform samples required each month up to 16 zones. Systems which are required
to collect more than 16 samples per month may elect to have more than 16 zones,
but it is not required. A map of the area served by the public water system,
showing the distribution system and the boundaries of the various zones,
labeled numerically, must be included in the plan. A list of all sampling
sites, by name and address (or by a readily identifiable location) for each
zone must be included with the map and, except for supplies having only one
zone, the location of the sites need not be indicated on the map. All zones
must be sampled monthly. The actual sites used within each zone must be varied
on a scheduled rotation basis. Both the zone number and the site location must
be noted on the laboratory report form by the person taking the sample. The
owner of each community water systems (CWS) must update the system's sample
site plan annually. The Director, at any time, may require a plan be modified
as a result of population or system changes which may have rendered an existing
plan non-representative.
3-004.01B
The owner of a community water system must take total coliform samples at
regular time intervals established by the Director. The number of samples
required must in no instance be less than as set forth below:
Population Served
|
Number of Sampling Zones
|
Minimum # or Samples per Month
|
Population Served
|
Minimum # of Sampling Zones
|
Minimum # of Samples per Month
|
25-1,000
|
1
|
1
|
33, 001-41,000
|
16
|
40
|
1, 001-2,500
|
2
|
2
|
41, 001-50,000
|
16
|
50
|
2, 501-3,300
|
3
|
3
|
50, 001-59,000
|
16
|
60
|
3, 301-4,100
|
4
|
4
|
59, 001-70,000
|
16
|
70
|
4, 101-4,900
|
5
|
5
|
70, 001-83,000
|
16
|
80
|
4, 901-5,800
|
6
|
6
|
83, 001-96,000
|
16
|
90
|
5, 801-6,700
|
7
|
7
|
96, 001-130,000
|
16
|
100
|
6, 701-7,600
|
8
|
8
|
130, 001-220,000
|
16
|
120
|
7, 601-8,500
|
9
|
9
|
220, 001-320,000
|
16
|
150
|
8, 501-12,900
|
10
|
10
|
320, 001-450,000
|
16
|
180
|
12, 901-17,200
|
15
|
15
|
450, 001-600,000
|
16
|
210
|
17, 201-21,500
|
16*
|
20
|
600, 001-780,000
|
16
|
240
|
21, 501-25,000
|
16*
|
25
|
780, 001-970,000
|
16
|
270
|
25, 001-33,000
|
16*
|
30
|
970, 001-1,230,000
|
16
|
300
|
* Minimum Number of Sampling Zones
3-004.01C The owner of a non-community water
system must take samples for total coliforms according to a frequency as
follows:
1. A non-community water system
using only ground water (except ground water under the direct influence of
surface water) and serving 1,000 individuals or fewer must sample each calendar
quarter that the system provides water to the public.
2. A non-community water system using only
ground water (except ground water under the direct influence of surface water)
and serving more than 1,000 individuals during any month must sample at the
same frequency as a like-sized community water system, as specified in 179 NAC
3-004.01B.
3. The owner of a
non-community water system using surface water, in total or in part, must
sample at the same frequency as a like-sized community water system, as
specified in 179 NAC
3-004.01B,
regardless of the number of individuals it serves.
4. The owner of a non-community water system
using ground water under the direct influence of surface water, must sample at
the same frequency as a like-sized community water system, as specified in 179
NAC
3-004.01B. The
owner must sample at this frequency beginning six months after the Director
determines that the ground water is under the direct influence of surface
water.
3-004.01D The
owner of a public water system must collect samples at regular time intervals
throughout the month.
3-004.01E The
owner of a public water system that uses surface water or ground water under
the direct influence of surface water and does not practice filtration in
compliance with 179 NAC 13 must collect at least one sample near the first
service connection each day the turbidity level of the source water, measured
as specified in 179 NAC
13-007.02B
exceeds 1 NTU. The owner must collect this coliform sample within 24 hours of
the first exceedance. Sample results from this coliform monitoring must be
included in determining compliance with the maximum contaminant level (MCL) for
total coliforms in 179 NAC
2-002.04C.
3-004.01F Special purpose samples, such as
those taken to determine whether disinfection practices are sufficient
following pipe placement, replacement, or repair, must not be used to determine
compliance with the MCL for total coliforms in 179 NAC
2-002.04C. Repeat
samples taken pursuant to 179 NAC 3-004.02 are not considered special purpose
samples, and must be used to determine compliance with the MCL for total
coliforms in 179 NAC
2-002.04C.
004.02 Repeat Monitoring
3-004.02A If a routine sample is total
coliform-positive, the owner of the public water system must collect a set of
repeat samples within 24 hours of being notified of the positive result. A
system which is required to collect more than one routine sample per month must
have no fewer than three repeat samples collected for each total
coliform-positive sample found. A system which is required to collect one
routine sample per month or fewer must have no fewer than four repeat samples
collected for each total coliform-positive sample found. The Director may
extend the 24-hour limit on a case-by-case basis if the owner has a logistical
problem in collecting the repeat samples within the 24 hours that is beyond
his/her control. In the case of an extension, the Director must specify how
much time the owner has to collect the repeat samples.
3-004.02B The system owner must collect at
least one repeat sample from the sampling tap where the original total
coliform-positive sample was taken, and at least one repeat sample at a tap
within five service connections upstream and at least one repeat sample at a
tap within five service connections downstream of the original sampling site.
The fourth repeat sample, if required by 179 NAC
3-004.02A, must be
collected within five service connections upstream or downstream of the
original sampling site. If a total coliform-positive sample is at the end of
the distribution system, or one away from the end of the distribution system,
the Director may waive the requirement to collect at least one repeat sample
upstream or downstream of the original sampling site.
3-004.02C The owner must collect all repeat
samples on the same day, except that an owner of a system with a single service
connection may collect the required set of repeat samples over a four-day
period.
3-004.02D If one or more
repeat samples in the set is total coliform-positive, the owner of the public
water system must collect an additional set of repeat samples in the manner
specified in 179 NAC
3-004.02A to
3-004.02C. The
owner must repeat this process until either total coliforms are not detected in
one complete set of repeat samples or the MCL for total coliforms in 179 NAC
2-002.04C has been
exceeded and the Director determines that no additional repeat samples are
required.
3-004.02E If a system
which is required to collect fewer than five routine samples per month has one
or more total coliform-positive samples and the Director does not invalidate
the sample(s) under 179 NAC 3-004.03, the owner must collect at least five
routine samples during the next month the system provides water to the public,
except that the Director may waive this requirement if the conditions of 179
NAC
3-004.02E1 or
3-004.02E2 are
met. The Director will not waive the requirement for a system to collect repeat
samples in 179 NAC
3-004.02A to
3-004.02D.
3-004.02E1 The Director may waive the
requirement to collect five routine samples the next month the system provides
water to the public if the Director or an agent approved by the Director
performs a site visit before the end of the next month the system provides
water to the public. Although a sanitary survey need not be performed, the site
visit must be sufficiently detailed to allow the Director to determine whether
additional monitoring and/or any corrective action is needed. The Director will
not approve an employee of the system owner to perform this site visit, even if
the employee is an agent approved by the Director to perform sanitary
surveys.
3-004.02E2 The Director
may waive the requirement to collect five routine samples the next month the
system provides water to the public if the Director has determined why the
sample was total coliform-positive and establishes that the owner of the system
will correct the problem before the end of the next month the system serves
water to the public. In this case, the Director must document this decision to
waive the following month's additional monitoring requirement in writing, have
it approved and signed by the supervisor of the Director's authorized
representative who recommends such a decision, and make this document available
to the United States Environmental Protection Agency (EPA) and the public. The
written documentation must describe the specific cause of the total
coliform-positive sample and what action the system has taken and/or will take
to correct this problem. The Director will not waive the requirement to collect
five routine samples the next month the system provides water to the public
solely on the grounds that all repeat samples are total coliform-negative. If
the requirement to collect five routine samples the next month is waived under
179 NAC
3-004.02E2, the
system owner must still take at last one additional routine sample before the
end of the next month the system serves water to the public and use it to
determine compliance with the MCL for total coliforms in 179 NAC
2-002.04C.
3-004.02E3 The Director will consider the
waiver of the requirement to collect five routine samples the next month only
upon receipt of a request in writing from the system owner. The waiver will not
be considered until after the repeat samples required in 179 NAC
3-004.02A to
3-004.02D have
been collected and the results reported to the Director. The waiver will not be
granted if any of the repeat samples are coliform-positive, unless all positive
samples have been invalidated under 179 NAC 3-004.03, or if a similar waiver
has been granted within the six months previous to the date of the collection
of the initial coliform positive sample.
3-004.02F Results of all routine and repeat
samples not invalidated by the Director must be included in determining
compliance with the MCL for total coliforms in 179 NAC
2-002.04C.
004.03 Invalidation of Total
Coliform Samples
A total coliform-positive sample invalidated under 179 NAC
3-004.03 does not count towards meeting the minimum monitoring requirements of
179 NAC
3-004.01. If a total
coliform-positive sample is invalidated under 179 NAC 3-004.03, the system
owner must collect another sample from the same zone as the original sample to
meet monitoring requirements.
3-004.03A The Director may invalidate a total
coliform-positive sample only if one or more of the following conditions are
met:
1. The laboratory establishes that
improper sample analysis caused the total coliform-positive result.
2. The Director, on the basis of the results
of repeat samples collected as required by 179 NAC
3-004.02A to
3-004.02D
determines that the total coliform-positive sample resulted from a domestic or
other non-distribution system plumbing problem. The Director will not
invalidate a sample on the basis of repeat sample results unless all repeat
sample(s) collected at the same tap as the original total coliform-positive
sample are also total coliform-positive, and all repeat samples collected
within five service connections of the original tap are total coliform-negative
(e.g., the Director will not invalidate a total coliform-positive sample on the
basis of repeat samples if all the repeat samples are total coliform-negative
or if the public water system has only one service connection).
3. The Director has substantial grounds to
believe that a total coliform-positive result is due to a circumstance or
condition which does not reflect water quality in the distribution system. In
this case, the system owner must still collect all repeat samples required
under 179 NAC
3-004.02A to
3-004.02D and use
them to determine compliance with the MCL for total coliforms in 179 NAC
2-002.04C. To
invalidate a total coliform-positive sample under 179 NAC 3-004.03A item 3, the
decision with the rationale for the decision must be documented in writing and
approved and signed by the Director's authorized representative. The Director
must make this document available to EPA and the public. The written
documentation must state the specific cause of the total coliform- positive
sample, and what action the system has taken or will take to correct this
problem. The Director will not invalidate a total coliform-positive sample
solely on the grounds that all repeat samples are total coliform-negative.
4. The Director will consider
invalidation of a coliform-positive sample under 179 NAC
3-004.03 only upon receipt of a
request in writing from the owner of the public water system from which the
coliform-positive sample was collected. Such sample will not be invalidated if
any of the repeat samples collected at locations other than that of the
coliform-positive sample are coliform-positive. No coliform-positive sample
will be invalidated if any of the most recent six samples collected from the
system were coliform-positive.
3-004.03B A laboratory must invalidate a
total coliform sample (unless total coliforms are detected) if the sample
produces a turbid culture in the absence of gas production using an analytical
method where gas formation is examined (e.g., the Multiple-Tube-Fermentation
Technique), produces a turbid culture in the absence of an acid reaction in the
Presence-Absence (P-A) Coliform Test, or exhibits confluent growth or produces
colonies too numerous to count with an analytical method using a membrane
filter (e.g., Membrane Filter Technique). If a laboratory invalidates a sample
because of such interference, the system owner must collect another sample from
the same location as the original sample within 24 hours of being notified of
the interference problem, and have it analyzed for the presence of total
coliforms. The system owner must continue to re-sample within 24 hours and have
the samples analyzed until a valid result is obtained. The Director may waive
the 24-hour time limit on a case-by-case basis.
004.04 Sanitary Surveys
3-004.04A Public water systems which do not
collect five or more routine samples per month must undergo an initial sanitary
survey by June 29, 1994, for community public water systems and June 29, 1999,
for non-community systems. Thereafter, systems must undergo another sanitary
survey every five years, except that non-community water systems using only
disinfected ground water and wells which have been constructed in accordance
with and continue to meet the siting requirements of 179 NAC 7, must undergo
subsequent sanitary surveys at least every ten years after the initial sanitary
survey.
3-004.04B Sanitary surveys
must be performed by Department personnel or an agent approved by the
Department. The system is responsible for ensuring the survey takes
place.
3-004.04C Sanitary surveys
conducted by the Department under 179 NAC
8-004 may be used to meet the sanitary
survey requirements of 179 NAC 3-004.04.
004.05 Fecal Coliforms/ Escherichia coli (E.
coli) Testing
3-004.05A If any routine or
repeat sample is total coliform-positive, that total coliform-positive culture
medium must be analyzed to determine if fecal coliforms are present, except
that E. coli may be tested for in lieu of fecal coliforms. If
fecal coliforms or E. coli are present in samples analyzed by
a laboratory other than the Department Laboratory, the system owner must notify
the Director by the end of the day when the system owner is notified of the
test result, unless the system owner is notified of the result after the
Director's office is closed, in which case the system owner must notify the
Director before the end of the next business day.
3-004.05B The Director has the discretion to
allow the owner of a public water system, on a case-by-case basis, to forgo
fecal coliform or E. coli testing on a total coliform-positive
sample if the owner assumes that the total coliform-positive sample is
fecal-coliform-positive or E. coli-positive. Accordingly, the
owner must notify the Director as specified in 179 NAC
3-004.05A and the
provisions of 179 NAC
2-002.04C2
apply.
004.06 Analytical
Methodology
3-004.06A The standard sample
volume required for total coliform analysis, regardless of analytical method
used, is 100 ml.
3-004.06B Public
water systems need only determine the presence or absence of total coliforms; a
determination of total coliform density is not required.
3-004.06C Public water systems must conduct
total coliform analyses in accordance with one of the analytical methods in
40 CFR
141.21(f)(5).
3-004.06D Public water systems must conduct
fecal coliform analysis in accordance with
40 CFR
141.21(f)(5).
3-004.06E Public water systems must conduct
analysis of Escherichia coli in accordance with one of the
analytical methods found in
40 CFR
141.21(f)(6) and
141.21(f)(7).
004.07 Response to Violation
3-004.07A A public water system which has
exceeded the MCL for total coliforms in 179 NAC
2-002.04C must
report the violation to the Department no later than the end of the next
business day after it learns of the violation, and notify the public in
accordance with 179 NAC 4.
3-004.07B A public water system which has
failed to comply with a coliform monitoring requirement, including the sanitary
survey requirement, must report the monitoring violation to the Department
within ten days after the system discovers the violation, and notify the public
in accordance with 179 NAC 4.