Utah Administrative Code
Topic - Environmental Quality
Title R309 - Drinking Water
Rule R309-215 - Monitoring and Water Quality: Treatment Plant Monitoring Requirements
Section R309-215-16 - Groundwater Rule
Universal Citation: UT Admin Code R 309-215-16
Current through Bulletin 2024-18, September 15, 2024
(1) Applicability: This subpart applies to all public water systems that use ground water except that it does not apply to public water systems that combine all of their ground water with surface water or with ground water under the direct influence of surface water prior to treatment. For the purposes of this subpart, "ground water system" is defined as any public water system meeting this applicability, including consecutive systems receiving finished ground water.
(a) General requirements: Systems subject to
this subpart must comply with the following requirements:
(i) Sanitary survey information requirements
for all ground water systems as described in
R309-100-7.
(ii) Microbial source water monitoring
requirements for ground water systems that do not treat all of their ground
water to at least 99.99 percent (4-log) treatment of viruses (using
inactivation, removal, or an Director-approved combination of 4-log virus
inactivation and removal) before or at the first customer as described in
R309-215-16(2).
(iii) Treatment
technique requirements, described in R309-215-16(3), that apply to ground water
systems that have fecally contaminated source waters, as determined by source
water monitoring conducted under R309-215-16(2), or that have significant
deficiencies that are identified by the Director or that are identified by EPA
under SDWA section 1445. A ground water system with fecally contaminated source
water or with significant deficiencies subject to the treatment technique
requirements of this subpart must implement one or more of the following
corrective action options: correct all significant deficiencies; provide an
alternate source of water; eliminate the source of contamination; or provide
treatment that reliably achieves at least 4-log treatment of viruses (using
inactivation, removal, or a Director-approved combination of 4-log virus
inactivation and removal) before or at the first customer.
(b) Ground water systems that provide at
least 4-log treatment of viruses (using inactivation, removal, or a
Director-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
R309-215-16(3)(b).
(c) If requested
by the Director, ground water systems must provide the Director with any
existing information that will enable the Director to perform a hydrogeologic
sensitivity assessment. For the purposes of this subpart, "hydrogeologic
sensitivity assessment" is a determination of whether ground water systems
obtain water from hydrogeologically sensitive settings.
(d) Compliance date: Ground water systems
must comply, unless otherwise noted, with the requirements of this subpart
beginning December 1, 2009.
(2) Ground water source microbial monitoring and analytical methods.
(a) Triggered source
water monitoring.
(i) General requirements. A
ground water system must conduct triggered source water monitoring if the
conditions identified in paragraphs (a)(i)(A) and (a)(i)(B) of this section
exist.
(A) The system does not provide at
least 4-log treatment of viruses (using inactivation, removal, or a
Director-approved combination of 4-log virus inactivation and removal) before
or at the first customer for each ground water source; and
(B) The system is notified that a sample
collected under R309-211 is total coliform-positive and the sample is not
invalidated under
R309-211-10.
(ii) Sampling Requirements. A
ground water system must collect, within 24 hours of notification of the total
coliform-positive sample, at least one ground water source sample from each
ground water source in use at the time the total coliform-positive sample was
collected under R309-211, except as provided in paragraph (a)(ii)(B) of this
section.
(A) The Director may extend the
24-hour time limit on a case-by-case basis if the system cannot collect the
ground water source water sample within 24 hours due to circumstances beyond
its control. In the case of an extension, the Director must specify how much
time the system has to collect the sample.
(B) If approved by the Director, systems with
more than one ground water source may meet the requirements of this paragraph
(a) (ii) by sampling a representative ground water source or sources. Systems
must submit for Director approval a triggered source water monitoring plan that
identifies one or more ground water sources that are representative of each
monitoring site in the system's sample site plan under
R309-211-4(1)
and that the system intends to use for representative sampling under this
paragraph.
(C) A ground water
system serving 1,000 or fewer people may use a repeat sample collected from a
ground water source to meet both the requirements of R309-211 and to satisfy
the monitoring requirements of paragraph (a)(ii) of this section for that
ground water source only if the Director approves the use of E. coli as a fecal
indicator for source water monitoring under this paragraph (a) and approves the
use of a single sample for meeting both the triggered source water monitoring
requirements in this paragraph (a) and the repeat monitoring requirements in
R309-211-7.
If the repeat sample collected from the ground water source is E.coli positive,
the system must comply with paragraph (a)(iii) of this section.
(iii) Additional Requirements. If
the Director does not require corrective action under R309-215-16(3)(a)(ii) for
a fecal indicator-positive source water sample collected under paragraph (a)
(ii) of this section that is not invalidated under paragraph (c) of this
section, 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.
(iv) Consecutive and
Wholesale Systems.
(A) In addition to the
other requirements of this paragraph (a), a consecutive ground water system
that has a total coliform-positive sample collected under R309-211 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 this paragraph (a), a wholesale ground
water system must comply with paragraphs (a) (iv)(B)(I) and (a)(iv)(B)(II) of
this section.
(I) A wholesale ground water
system that receives notice from a consecutive system it serves that a sample
collected under
R309-211-5 and 6 is total coliform-positive must, within 24 hours of being notified,
collect a sample from its ground water source(s) under paragraph (a)(ii) of
this section and analyze it for a fecal indicator under paragraph (b) of this
section.
(II) If the sample
collected under paragraph (a)(iv)(B)(I) of this section is fecal
indicator-positive, the wholesale ground water system must notify all
consecutive systems served by that ground water source of the fecal indicator
source water positive within 24 hours of being notified of the ground water
source sample monitoring result and must meet the requirements of paragraph
(a)(iii) of this section.
(v) Exceptions to the Triggered Source Water
Monitoring Requirements. A ground water system is not required to comply with
the source water monitoring requirements of paragraph (2)(a) of this section if
either of the following conditions exists:
(A) The Director determines, and documents in
writing, that the total coliform-positive sample collected under
R309-211-5 and 6 is caused by a distribution system deficiency; or
(B) The total coliform-positive sample
collected under
R309-211-5 and 6 is collected at a location that meets Director criteria for distribution
system conditions that will cause total coliform-positive samples.
(b) Assessment Source
Water Monitoring. If directed by the Director, ground water systems must
conduct assessment source water monitoring that meets Director-determined
requirements for such monitoring. A ground water system conducting assessment
source water monitoring may use a triggered source water sample collected under
paragraph (a)(ii) of this section to meet the requirements of paragraph (b) of
this section. Director-determined assessment source water monitoring
requirements may include:
(i) collection of a
total of 12 ground water source samples that represent each month the system
provides ground water to the public,
(ii) collection of samples from each well
unless the system obtains written Director approval to conduct monitoring at
one or more wells within the ground water system that are representative of
multiple wells used by that system and that draw water from the same
hydrogeologic setting,
(iii)
collection of a standard sample volume of at least 100 mL for fecal indicator
analysis regardless of the fecal indicator or analytical method used,
(iv) analysis of all ground water source
samples in accordance with
R309-210-4(1)
and
R309-200-4(3)
for the presence of E. coli, enterococci, or coliphage,
(v) collection of ground water source samples
at a location prior to any treatment of the ground water source unless the
Director approves a sampling location after treatment, and
(vi) collection of ground water source
samples at the well itself unless the system's configuration does not allow for
sampling at the well itself and the Director approves an alternate sampling
location that is representative of the water quality of that well.
(c) Invalidation of a fecal
indicator-positive ground water source sample.
(i) A ground water system may obtain Director
invalidation of a fecal indicator-positive ground water source sample collected
under paragraph (a) of this section only under the conditions specified in
paragraphs (c)(i)(A) and (B) of this section.
(A) The system provides the Director with
written notice from the laboratory that improper sample analysis occurred;
or
(B) The Director determines and
documents in writing that there is substantial evidence that a fecal
indicator-positive ground water source sample is not related to source water
quality.
(ii) If the
Director invalidates a fecal indicator-positive ground water source sample, the
ground water system must collect another source water sample under paragraph
(a) of this section within 24 hours of being notified by the Director of its
invalidation decision and have it analyzed for the same fecal indicator using
the analytical methods in paragraph (c) of this section. The Director 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 Director must specify how much time
the system has to collect the sample.
(d) Sampling location.
(i) Any ground water source sample required
under paragraph (a) of this section must be collected at a location prior to
any treatment of the ground water source unless the Director approves a
sampling location after treatment.
(ii) If the system's configuration does not
allow for sampling at the well itself, the system may collect a sample at a
Director-approved location to meet the requirements of paragraph (a) of this
section if the sample is representative of the water quality of that
well.
(e) New Sources.
If directed by the Director, a ground water system that places a new ground
water source into service after November 30, 2009, must conduct assessment
source water monitoring under paragraph (b) of this section. If directed by the
Director, the system must begin monitoring before the ground water source is
used to provide water to the public.
(f) Public Notification. A ground water
system with a ground water source sample collected under paragraph (a) or (b)
of this section that is fecal indicator-positive and that is not invalidated
under paragraph (d) of this section, including consecutive systems served by
the ground water source, must conduct public notification under
R309-220-5.
(g) Monitoring Violations. Failure to meet
the requirements of paragraphs (a)-(f) of this section is a monitoring
violation and requires the ground water system to provide public notification
under
R309-220-7.
(3) Treatment technique requirements for ground water systems.
(a)
Ground water systems with significant deficiencies or source water fecal
contamination.
(i) The treatment technique
requirements of this section must be met by ground water systems when a
significant deficiency is identified or when a ground water source sample
collected under R309-215-16(2)(a)(iii) is fecal indicator-positive.
(ii) If directed by the Director, a ground
water system with a ground water source sample collected under
R309-215-16(2)(a)(ii), R309-215-16(2)(a)(iv), or R309-215-16(2)(b) that is
fecal indicator-positive must comply with the treatment technique requirements
of this section.
(iii) When a
significant deficiency is identified at a public water system that uses both
ground water and surface water or ground water under the direct influence of
surface water, the system must comply with provisions of this paragraph except
in cases where the Director determines that the significant deficiency is in a
portion of the distribution system that is served solely by surface water or
ground water under the direct influence of surface water.
(iv) Unless the Director directs the ground
water system to implement a specific corrective action, the ground water system
must consult with the Director regarding the appropriate corrective action
within 30 days of receiving written notice from the Director of a significant
deficiency, written notice from a laboratory that a ground water source sample
collected under R309-215-16(2)(a)(iii) was found to be fecal
indicator-positive, or direction from the Director that a fecal
indicator-positive collected under R309-215-16(2)(a)(ii),
R309-215-16(2)(a)(iv), or R309-215-16(2)(b) requires corrective action. For the
purposes of this subpart, 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 Director
determines to be causing, or have potential for causing, the introduction of
contamination into the water delivered to consumers.
(v) Within 120 days (or earlier if directed
by the Director) of receiving written notification from the Director of a
significant deficiency, written notice from a laboratory that a ground water
source sample collected under R309-215-16(2)(a)(iii) was found to be fecal
indicator-positive, or direction from the Director that a fecal
indicator-positive sample collected under R309-215-16(2)(a)(ii),
R309-215-16(2)(a)(iv), or R309-215-16(2)(b) requires corrective action, the
ground water system must either:
(A) have
completed corrective action in accordance with applicable Director plan review
processes or other Director guidance or direction, if any, including
Director-specified interim measures; or
(B) be in compliance with a Director-approved
corrective action plan and schedule subject to the conditions specified in
paragraphs (a)(v)(B)(I) and (a)(v)(B)(II) of this section.
(I) Any subsequent modifications to a
Director-approved corrective action plan and schedule must also be approved by
the Director.
(II) If the Director
specifies interim measures for protection of the public health pending Director
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 Director.
(vi) Corrective Action
Alternatives. Ground water systems that meet the conditions of paragraph (a)(i)
or (a)(ii) of this section 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 Director-approved combination of 4-log virus inactivation and
removal) before or at the first customer for the ground water source.
(vii) Special notice to the public
of significant deficiencies or source water fecal contamination.
(A) In addition to the applicable public
notification requirements of
R309-220-5,
a community ground water system that receives notice from the Director of a
significant deficiency or notification of a fecal indicator-positive ground
water source sample that is not invalidated by the Director under
R309-215-16(2)(d) must inform the public served by the water system under
R309-225-5(8)
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 Director to be
corrected under paragraph (a)(v) of this section.
(B) In addition to the applicable public
notification requirements of
R309-220-5,
a non-community ground water system that receives notice from the Director of a
significant deficiency must inform the public served by the water system in a
manner approved by the Director of any significant deficiency that has not been
corrected within 12 months of being notified by the Director, or earlier if
directed by the Director. The system must continue to inform the public
annually until the significant deficiency is corrected. The information must
include:
(I) The nature of the significant
deficiency and the date the significant deficiency was identified by the
Director;
(II) The
Director-approved plan and schedule for correction of the significant
deficiency, including interim measures, progress to date, and any interim
measures completed; and
(III) For
systems with a large proportion of non-English speaking consumers, as
determined by the Director, 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.
(C) If directed by the Director, 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 paragraph
(a)(vii)(B) of this section.
(b) Compliance monitoring.
(i) Existing ground water sources. A ground
water system that is not required to meet the source water monitoring
requirements of this subpart for any ground water source because it provides at
least 4-log treatment of viruses (using inactivation, removal, or a
Director-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 Director in writing that it provides at least 4-log treatment
of viruses (using inactivation, removal, or a Director-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 paragraph (b)(iii) of this section by December 1, 2009. Notification to
the Director must include engineering, operational, or other information that
the Director requests to evaluate the submission. If the system subsequently
discontinues 4-log treatment of viruses (using inactivation, removal, or a
Director-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 R309-215-16(2).
(ii) New ground water sources. A ground water
system that places a ground water in service after November 30, 2009, that is
not required to meet the source water monitoring requirements of this subpart
because the system provides at least 4-log treatment of viruses (using
inactivation, removal, or a Director-approved combination of 4- log virus
inactivation and removal) before or at the first customer for the ground water
source must comply with the requirements of paragraphs (b)(ii)(A), (b)(ii)(B)
and (b)(ii)(C) of this section.
(A) The
system must notify the Director in writing that it provides at least 4-log
treatment of viruses (using inactivation, removal, or a Director-approved
combination of 4-log virus inactivation and removal) before or at the first
customer for the ground water source. Notification to the Director must include
engineering, operational, or other information that the Director requests to
evaluate the submission.
(B) The
system must conduct compliance monitoring as required under
R309-215-16(3)(b)(iii) of this subpart within 30 days of placing the source in
service.
(C) The system must
conduct ground water source monitoring under R309-215-16(2) if the system
subsequently discontinues 4-log treatment of viruses (using inactivation,
removal, or a Director-approved combination of 4-log virus inactivation and
removal) before or at the first customer for the ground water source.
(iii) Monitoring requirements. A
ground water system subject to the requirements of paragraph (b)(i) or (b)(ii)
of this section must monitor the effectiveness and reliability of treatment for
that ground water source before or at the first customer as follows:
(A) Chemical disinfection.
(I) Ground water systems serving greater than
3,300 people. A ground water system that serves greater than 3,300 people must
continuously monitor the residual disinfectant concentration using analytical
methods specified in
R444-14-4 at a
location approved by the Director and must record the lowest residual
disinfectant concentration each day that water from the ground water source is
served to the public. The ground water system must maintain the
Director-determined residual disinfectant concentration every day the ground
water system serves 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.
(II) Ground water systems serving 3,300 or
fewer people. A ground water system that serves 3,300 or fewer people must
monitor the residual disinfectant concentration using analytical methods
specified in
R444-14-4 at a
location approved by the Director and record the residual disinfection
concentration each day that water from the ground water source is served to the
public. The ground water system must maintain the Director-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 Director. If any daily grab sample measurement falls below the
Director-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 Director-determined level.
Alternatively, a ground water system that serves 3,300 or fewer people may
monitor continuously and meet the requirements of paragraph (b)(iii)(A)(I) of
this section.
(B)
Membrane filtration. A ground water system that uses membrane filtration to
meet the requirements of this subpart must monitor the membrane filtration
process in accordance with all Director-specified monitoring requirements and
must operate the membrane filtration in accordance with all Director-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:
(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 Director-specified compliance
requirements; and
(III) The
integrity of the membrane is intact.
(C) Alternative treatment. A ground water
system that uses a Director-approved alternative treatment to meet the
requirements of this subpart by providing at least 4-log treatment of viruses
(using inactivation, removal, or a Director-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 Director-specified monitoring requirements; and
(II) Operate the alternative treatment in
accordance with all compliance requirements that the Director determines to be
necessary to achieve at least 4-log treatment of viruses.
(c) Discontinuing
treatment. A ground water system may discontinue 4-log treatment of viruses
(using inactivation, removal, or a Director-approved combination of 4-log virus
inactivation and removal) before or at the first customer for a ground water
source if the Director 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 R309-215-16(2) of this
subpart.
(d) Failure to meet the
monitoring requirements of paragraph (b) of this section is a monitoring
violation and requires the ground water system to provide public notification
under
R309-220-7.
(4) Treatment technique violations for ground water systems.
(a) A ground water
system with a significant deficiency is in violation of the treatment technique
requirement if, within 120 days (or earlier if directed by the Director) of
receiving written notice from the Director of the significant deficiency, the
system:
(i) Does not complete corrective
action in accordance with any applicable Director plan review processes or
other Director guidance and direction, including Director specified interim
actions and measures, or
(ii) Is
not in compliance with a Director-approved corrective action plan and
schedule.
(b) Unless the
Director invalidates a fecal indicator-positive ground water source sample
under R309-215-16(2)(d), a ground water system is in violation of the treatment
technique requirement if, within 120 days (or earlier if directed by the
Director) of meeting the conditions of R309-215-16(3)(a)(i) or
R309-215-16(3)(a)(ii), the system:
(i) Does
not complete corrective action in accordance with any applicable Director plan
review processes or other Director guidance and direction, including
Director-specified interim measures, or
(ii) Is not in compliance with a
Director-approved corrective action plan and schedule.
(c) A ground water system subject to the
requirements of R309-215-16(3)(b)(iii) that fails to maintain at least 4-log
treatment of viruses (using inactivation, removal, or a Director-approved
combination of 4-log virus inactivation and removal) before or at the first
customer for a ground water 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) Ground
water system must give public notification under
R309-220-6 for the treatment technique violations specified in paragraphs (a), (b) and (c)
of this section.
(5) Reporting and recordkeeping for ground water systems.
(a) Reporting. In addition to the
requirements of
R309-105-16,
a ground water system regulated under this subpart must provide the following
information to the Director:
(i) A ground
water system conducting compliance monitoring under R309-215-16(3)(b) must
notify the Director any time the system fails to meet any Director-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 ground water
system must notify the Director as soon as possible, but in no case later than
the end of the next business day.
(ii) After completing any corrective action
under R309-215-16(3)(a), a ground water system must notify the Director within
30 days of completion of the corrective action.
(iii) If a ground water system subject to the
requirements of R309-215-16(2)(a) does not conduct source water monitoring
under R309-215-16(2)(a)(v)(B), the system must provide documentation to the
Director within 30 days of the total coliform positive sample that it met the
Director criteria.
(b)
Recordkeeping. In addition to the requirements of
R309-105-17, a
ground water system regulated under this subpart must maintain the following
information in its records:
(i) Documentation
of corrective actions. Documentation shall be kept for a period of not less
than ten years.
(ii) Documentation
of notice to the public as required under R309-215-16(3)(a)(vii). Documentation
shall be kept for a period of not less than three years.
(iii) Records of decisions under
R309-215-16(2)(a)(v)(B) and records of invalidation of fecal indicator-positive
ground water source samples under R309-215-16(2)(d). Documentation shall be
kept for a period of not less than five years.
(iv) For consecutive systems, documentation
of notification to the wholesale system(s) of total-coliform positive samples
that are not invalidated under
R309-211-10.
Documentation shall be kept for a period of not less than five years.
(v) For systems, including wholesale systems,
that are required to perform compliance monitoring under R309-215-16(3)(b):
(A) Records of the Director-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 Director-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 Director-specified compliance
requirements for membrane filtration and of parameters specified by the
Director for Director-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.
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