Current through Register Vol. 48, No. 9, September 27, 2024
(1) Ground water
systems with significant deficiencies or source water fecal contamination.
(a) The treatment technique requirements of
R.61-58.16.F must be met by ground water systems when a significant deficiency
is identified or when a ground water source sample collected under
R.61-58.16.E(1)(c)
is fecal indicator positive.
(b) If
directed by the Department, a ground water system with a ground water source
sample collected under R.61-58.16.E(1)(b),
R.61-58.16.E(1)(d), or R.61-58.16.E(2) that is fecal indicator positive must
comply with the treatment technique requirements of R.61-58.16.F.
(c) When a significant deficiency is
identified at a Subpart H public water system that uses both ground water and
surface water or GWUDI, the system must comply with R.61-58.16.F 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
GWUDI.
(d) Unless the Department
directs the ground water system to implement a specific corrective action, the
ground water 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
ground water source sample collected under R.61-58.16.E(1)(c)
was found to be fecal indicator positive, or direction from the Department that
a fecal indicator positive sample collected under R.61-58.16.E(1)(b),
R.61-58.16.E(1)(d), or R.61-58.16.E(2) requires corrective action. For the
purposes of R.61-58.16, 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 the potential for causing, the introduction
of contamination into the water delivered to consumers.
(e) 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 ground water
source sample collected under R.61-58.16.E. (1)(c) was found to be fecal
indicator positive, or direction from the Department that a fecal indicator
positive sample collected under R.61-58.16.E(1)(b),
R.61-58.16.E(1)(d), or R.61-58.16.E(2) requires corrective action, the ground
water system must either:
(i) 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
(ii) Be in compliance with a
Department-approved corrective action plan and schedule subject to the
following conditions:
(A) Any subsequent
modifications to a Department-approved corrective action plan and schedule must
also be approved by the Department.
(B) If the Department specifies interim
measures for the protection of 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.
(f) Corrective action alternatives. Ground
water systems that meet the conditions of R.61-58.16.F(1)(a) or (b) must
implement one or more of the following corrective action alternatives:
(i) Correct all significant
deficiencies.
(ii) Provide an
alternate source of water.
(iii)
Eliminate the source of contamination.
(iv) 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 ground water source.
(g) Special notice to the public of
significant deficiencies or source water fecal contamination.
(i) In addition to the applicable public
notification requirements of R.61-58.6.E(2),
a community ground water system that receives notice from the Department of a
significant deficiency or notification of a fecal indicator positive ground
water source sample that is not invalidated by the Department must inform the
public served by the water system under R.61-58.12.C(11)(f)
of the fecal indicator positive source sample or of any significant deficiency
that has not been corrected. The system must continue to inform the public
annually until the significant deficiency is corrected or the fecal
contamination in the ground water source is determined by the Department to be
corrected under R.61-58.16.F(1)(e).
(ii) In addition to the applicable public
notification requirements of R.61-58.6.E(2),
a non-community ground water system that receives notice from the Department of
a significant deficiency must inform the public served by the water system in a
manner approved by the Department of any significant deficiency that has not
been corrected within 12 months of being notified by the Department, or earlier
if directed by the Department. The system must continue to inform the public
annually until the significant deficiency is corrected. The information must
include:
(A) The nature of the significant
deficiency and the date the significant deficiency was identified by the
Department.
(B) The
Department-approved plan and schedule for correction of the significant
deficiency, including interim measures, progress to date, and any interim
measures completed.
(C) For systems
with a large proportion of non-English speaking consumers, as determined by the
Department, information in the appropriate language(s) 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.
(iii) If directed by the Department, a
non-community water system 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
R.61-58.16.F(1)(g)(ii).
(2) Compliance monitoring.
(a) Existing ground water sources. A ground
water system that is not required to meet the source water monitoring
requirements of R.61-58.16 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
ground water 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
ground water source and begin compliance monitoring in accordance with
R.61-58.16.F(2)(c) 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 ground water source, the system must conduct
ground water source monitoring as required under R.61-58.16.E.
(b) New ground water sources. A ground water
system that places a ground water source in service after November 30, 2009,
that is not required to meet the source water monitoring requirements of
R.61-58.16 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 ground
water source must comply with all of the requirements of R.61-58.16.F(2)(b)(i)
to (iii).
(i) 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 ground
water source. Notification to the Department must include engineering,
operational, or other information that the Department requests to evaluate the
submission.
(ii) The system must
conduct compliance monitoring under R.61-58.16.F(2)(c) within 30 days of
placing the source in service.
(iii) The system must conduct ground water
source monitoring under R.61-58.16.E 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 ground water source.
(c) Monitoring requirements. A ground water
system subject to the requirements of R.61-58.16.F(1), R.61-58.16.F(2)(a), or
R.61-58.16.F(2)(b) must monitor the effectiveness and reliability of treatment
for that ground water source before or at the first customer as follows:
(i) Chemical disinfection.
(A) A ground water system that serves greater
than 3,300 people must continuously monitor the residual disinfectant
concentration using analytical methods specified in
40 CFR
141.74(a)(2) at a location
approved by the Department and must record the lowest residual disinfectant
concentration each day that the water from the ground water source is served to
the public. The ground water system must maintain the Department-determined
residual disinfectant concentration every day the ground water system serves
the water from the ground water source to the public. If there is a failure in
the continuous monitoring equipment, the ground water 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.
(B) A ground water
system that serves 3,300 or fewer people must monitor the residual disinfectant
concentration using analytical methods specified in
40 CFR
141.74(a)(2) at a location
approved by the Department and record the residual disinfection concentration
each day that the water from the ground water source is served to the public.
The ground water system must maintain the Department-determined residual
disinfectant concentration every day the ground water system serves water from
the ground water source to the public. The ground water 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 ground water
system must take follow up samples every four hours until the residual
disinfectant concentration is restored to the Department-determined level.
Alternatively, a ground water system that serves 3,300 or fewer people may
monitor continuously and meet the requirements of R.61-58.16.F.
(2)(c)(i)(A).
(ii)
Membrane filtration. A ground water system that uses membrane filtration to
meet the requirements of R.61-58.16 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 ground water system that uses
membrane filtration is in compliance with the requirement to achieve at least
4-log removal of viruses when the following conditions are met:
(A) The membrane has an absolute molecular
weight cut-off or an alternate parameter that describes the exclusion
characteristics of the membrane that can reliably achieve at least 4-log
removal of viruses.
(B) The
membrane process is operated in accordance with Department-specified compliance
requirements.
(C) The integrity of
the membrane is intact.
(iii) Alternative treatment. A ground water
system that uses a Department-approved alternative treatment to meet the
requirements of R.61-58.16 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:
(A) Monitor the alternative treatment in
accordance with all Department-specified monitoring requirements.
(B) 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.
(3) A ground
water 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 ground water source if the
Department determines and documents in writing that 4-log treatment of viruses
is no longer necessary for that ground water source. A system that discontinues
4-log treatment of viruses is subject to the source water monitoring and
analytical methods requirements of R.61-58.16.E.
(4) Failure to meet the monitoring
requirements of R.61-58.16.F(2) is a monitoring violation and requires the
ground water system to provide public notification under R.61-58.6.E(4).