(1) Treatment technique triggers. Systems
must conduct assessments in accordance with paragraph (2) of this section after
exceeding treatment technique triggers in paragraphs (1)(a) and (1)(b) of this
section.
(a) Level 1 treatment technique
triggers.
(i) For systems taking 40 or more
samples per month, the system exceeds 5.0% total coliform-positive samples for
the month.
(ii) For systems taking
fewer than 40 samples per month, the system has two or more total
coliform-positive samples in the same month.
(iii) The system fails to take every required
repeat sample after any single total coliform-positive sample.
(b) Level 2 treatment technique
triggers.
(i) An E. coli MCL violation, as
specified in
R309-211-9(1).
(ii) A second Level 1 trigger as defined in
paragraph (1)(a) of this section, within a rolling 12-month period, unless the
Director has determined a likely reason that the samples that caused the first
Level 1 treatment technique trigger were total coliform-positive and has
established that the system has corrected the problem.
(2) Requirements for assessments.
(a) Systems must ensure that Level 1 and 2
assessments are conducted in order to identify the possible presence of
sanitary defects and defects in distribution system coliform monitoring
practices. Level 2 assessments must be conducted by parties approved by the
Director.
(b) When conducting
assessments, systems must ensure that the assessor evaluates minimum elements
that include review and identification of inadequacies in sample sites;
sampling protocol; sample processing; atypical events that could affect
distributed water quality or indicate that distributed water quality was
impaired; changes in distribution system maintenance and operation that could
affect distributed water quality (including water storage); source and
treatment considerations that bear on distributed water quality, where
appropriate (e.g., small ground water systems); and existing water quality
monitoring data. The system must conduct the assessment consistent with any
Director directives that tailor specific assessment elements with respect to
the size and type of the system and the size, type, and characteristics of the
distribution system.
(c) Level 1
Assessments. A system must conduct a Level 1 assessment consistent with
Director requirements if the system exceeds one of the treatment technique
triggers in paragraph (1)(a) of this section.
(i) The system must complete a Level 1
assessment as soon as practical after any trigger in paragraph (1)(a) of this
section. In the completed assessment form, the system must describe sanitary
defects detected, corrective actions completed, and a proposed timetable for
any corrective actions not already completed. The assessment form may also note
that no sanitary defects were identified. The system must submit the completed
Level 1 assessment form to the Director within 30 days after the system learns
that it has exceeded a trigger.
(ii) If the Director reviews the completed
Level 1 assessment and determines that the assessment is not sufficient
(including any proposed timetable for any corrective actions not already
completed), the Director must consult with the system. If the Director requires
revisions after consultation, the system must submit a revised assessment form
to the Director on an agreed-upon schedule not to exceed 30 days from the date
of the consultation.
(iii) Upon
completion and submission of the assessment form by the system, the Director
must determine if the system has identified a likely cause for the Level 1
trigger and, if so, establish that the system has corrected the problem, or has
included a schedule acceptable to the Director for correcting the
problem.
(d) Level 2
Assessments. A system must ensure that a Level 2 assessment consistent with
Director requirements is conducted if the system exceeds one of the treatment
technique triggers in paragraph (1)(b) of this section. The system must comply
with any expedited actions or additional actions required by the Director in
the case of an E. coli MCL violation.
(i) The
system must ensure that a Level 2 assessment is completed by the Director or by
a party approved by the Director as soon as practical after any trigger in
paragraph (1)(b) of this section. The system must submit a completed Level 2
assessment form to the Director within 30 days after the system learns that it
has exceeded a trigger. The assessment form must describe sanitary defects
detected, corrective actions completed, and a proposed timetable for any
corrective actions not already completed. The assessment form may also note
that no sanitary defects were identified.
(ii) The system may conduct Level 2
assessments if the system has staff or management with the certification or
qualifications specified by the Director unless otherwise directed by the
Director.
(iii) If the Director
reviews the completed Level 2 assessment and determines that the assessment is
not sufficient (including any proposed timetable for any corrective actions not
already completed), the Director must consult with the system. If the Director
requires revisions after consultation, the system must submit a revised
assessment form to the Director on an agreed-upon schedule not to exceed 30
days.
(iv) Upon completion and
submission of the assessment form by the system, the Director must determine if
the system has identified a likely cause for the Level 2 trigger and determine
whether the system has corrected the problem, or has included a schedule
acceptable to the Director for correcting the problem.
(3) Corrective Action. Systems
must correct sanitary defects found through either Level 1 or 2 assessments
conducted under paragraph (2) of this section. For corrections not completed by
the time of submission of the assessment form, the system must complete the
corrective action(s) in compliance with a timetable approved by the Director in
consultation with the system. The system must notify the Director when each
scheduled corrective action is completed.
(4) Consultation. At any time during the
assessment or corrective action phase, either the water system or the Director
may request a consultation with the other party to determine the appropriate
actions to be taken. The system may consult with the Director on all relevant
information that may impact on its ability to comply with a requirement of this
subpart, including the method of accomplishment, an appropriate timeframe, and
other relevant information.