[30 Pa.B. 4596]
[Continued from previous Web Page] (-a-) Systems serving at least 10,000 persons may reduce monitoring to one sample per quarter per treatment plant. The sample shall be taken at a location that represents a maximum residence time. Systems on reduced monitoring are not required to monitor source water TOC.
(-b-) Systems serving from 500 to 9,999 persons may reduce monitoring to one sample per year per treatment plant. The sample shall be taken during the month of warmest water temperature and at a location that represents a maximum residence time. Systems on reduced monitoring are not required to monitor source water TOC.
(-c-) Systems serving fewer than 500 persons and that are on increased monitoring as prescribed by clause (A) may reduce monitoring to one sample per year per treatment plant. The sample shall be taken during the month of warmest water temperature and at a location that represents a maximum residence time. Systems on reduced monitoring are not required to monitor source water TOC.
(II) Systems that use groundwater sources may reduce monitoring according to the following:
(-a-) Systems serving at least 10,000 persons may reduce monitoring to one sample per year per treatment plant if the annual TTHM average is no greater than 0.040 mg/L and the annual HAA5 average is no greater than 0.030 mg/L. The sample shall be taken during the month of warmest water temperature and at a location that represents a maximum residence time. Systems that qualify for reduced monitoring may remain on reduced monitoring provided that the annual TTHM average is no greater than 0.060 mg/L and the annual HAA5 average is no greater than 0.045 mg/L. Systems that exceed these levels shall resume routine monitoring as prescribed in clause (A) in the quarter immediately following the quarter in which the system exceeds 0.060 mg/L for TTHMs or 0.045 mg/L for HAA5.
(-b-) Systems serving fewer than 10,000 persons may reduce monitoring to one sample per 3-year cycle per treatment plant if the annual TTHM average is no greater than 0.040 mg/L and the annual HAA5 average is no greater than 0.030 mg/L for 2 consecutive years or the annual TTHM average is no greater than 0.020 mg/L and the annual HAA5 average is no greater than 0.015 mg/L for 1 year. The sample shall be taken during the month of warmest water temperature within the 3-year cycle beginning on January 1 following the quarter in which the system qualifies for reduced monitoring. The sample shall be taken at a location that represents a maximum residence time. Systems that qualify for reduced monitoring may remain on reduced monitoring provided that the annual TTHM average is no greater than 0.080 mg/L and the annual HAA5 average is no greater than 0.060 mg/L. Systems that exceed these levels shall resume routine monitoring as prescribed in clause (A) in the quarter immediately following the quarter in which the system exceeds 0.080 mg/L for TTHMs or 0.060 mg/L for HAA5.
(ii) Chlorite. Community water systems and nontransient noncommunity water systems that use chlorine dioxide for disinfection or oxidation, or provide finished water that contains chlorine dioxide, shall monitor for chlorite.
(A) Routine monitoring.
(I) Daily monitoring. Systems shall take daily samples at the entrance to the distribution system. Systems that must conduct additional monitoring in accordance with clause (B) shall continue to take routine daily samples at the entrance to the distribution system.
(II) Monthly monitoring. Systems shall take a three-sample set each month in the distribution system. The system shall take one sample at each of the following locations: as close to the first customer as possible; at a location representing an average residence time; and at a location representing a maximum residence time. Systems that must conduct additional monitoring in accordance with subclause (III) may use the results of the additional monitoring to meet the monthly monitoring requirements of this subclause.
(III) Additional monitoring. If a daily sample at the entrance to the distribution system exceeds the chlorite MCL, the system shall take three samples in the distribution system on the following day. The system shall take one sample at each of the following locations: as close to the first customer as possible, at a location representing an average residence time and at a location representing a maximum residence time.
(B) Reduced monitoring. Chlorite monitoring in the distribution system required by clause (A)(II) may be reduced to one three-sample set per quarter after 1 year of monitoring where no individual chlorite sample taken in the distribution system under clause (A)(II) has exceeded the chlorite MCL and the system has not been required to conduct additional monitoring under clause (A)(III). The system may remain on the reduced monitoring schedule until either any of the three individual chlorite samples taken quarterly in the distribution system exceeds the chlorite MCL or the system is required to conduct additional monitoring under clause (A)(III), at which time the system shall revert to routine monitoring as prescribed by clause (A).
(iii) Bromate. Community water systems and nontransient noncommunity water systems that use ozone for disinfection or oxidation, or provide finished water that contains ozone, shall monitor for bromate.
(A) Routine monitoring. Systems shall take one sample per month for each treatment plant that uses ozone. Systems shall take the monthly sample at the entrance to the distribution system while the ozonation system is operating under normal conditions.
(B) Reduced monitoring. Systems required to analyze for bromate may reduce monitoring from monthly to quarterly provided that the system demonstrates that the average source water bromide concentration is less than 0.05 mg/L based upon representative monthly bromide measurements for 1 year. Systems on reduced monitoring shall continue to take monthly samples for source water bromide. Systems may remain on reduced bromate monitoring until the running annual average source water bromide concentration, computed quarterly, is equal to or greater than 0.05 mg/L based upon representative monthly measurements, at which time the system shall revert to routine monitoring as prescribed by clause (A).
(iv) Disinfection byproduct precursors. Systems that use either surface water or GUDI sources and that use conventional filtration shall monitor for disinfection byproduct precursors.
(A) Routine monitoring. Systems shall take monthly samples of the source water alkalinity, the source water TOC and the combined filter effluent TOC for each treatment plant that uses conventional filtration. The three samples shall be taken concurrently and at a time that is representative of both normal operating conditions and influent water quality.
(B) Reduced monitoring. Systems with an average treated water TOC of less than 2.0 mg/L for 2 consecutive years, or less than 1.0 mg/L for 1 year, may reduce monitoring for source water alkalinity, source water TOC and combined filter effluent TOC from monthly to quarterly for each applicable treatment plant. The system shall revert to routine monitoring as prescribed by clause (A) in the month following the quarter when the annual average treated water TOC is not less than 2.0 mg/L.
(C) Early monitoring. Systems may begin monitoring to determine whether the TOC removal requirements of 40 CFR 141.135(b)(1) (relating to enhanced coagulation and enhanced softening performance requirements) can be met 12 months prior to the compliance date for the system. This monitoring is not required and failure to monitor during this period is not a violation. However, any system that does not monitor during this period, and then determines in the first 12 months after the compliance date that it is not able to meet the requirements of 40 CFR 141.135(b)(1) and must therefore apply for alternate minimum TOC removal requirements under 40 CFR 141.135(b)(4) is not eligible for retroactive approval of the alternate minimum TOC removal requirements and is in violation. Systems may apply for alternate minimum TOC removal requirements any time after the compliance date.
(13) Monitoring requirements for disinfectant residuals. Community water systems and nontransient noncommunity water systems that use a chemical disinfectant or oxidant, or provide finished water that contains a chemical disinfectant or oxidant, shall monitor for disinfectant residuals. Transient noncommunity water systems that use chlorine dioxide as either a disinfectant or oxidant shall monitor for chlorine dioxide disinfectant residual. Systems that use either surface water or GUDI sources and that serve at least 10,000 persons shall begin monitoring by January 1, 2002. Systems that use either surface water or GUDI sources and that serve fewer than 10,000 persons, or systems that use groundwater sources, shall begin monitoring by January 1, 2004. Systems monitoring for disinfectant residuals shall take all samples during normal operating conditions. Compliance with the MRDLs and monitoring requirements for chlorine, chloramines and chlorine dioxide (where applicable) shall be determined in accordance with 40 CFR 141.132 and 141.133 (relating to monitoring requirements; and compliance requirements) which are incorporated herein by reference.
(i) Chlorine and chloramines. Systems shall measure the residual disinfectant level at the same points in the distribution system and at the same time that total coliforms are samples, as specified in paragraph (3). Systems that used either surface water or GUDI sources may use the results of residual disinfectant concentration sampling conducted under paragraph (1) or (2) in lieu of taking separate samples.
(ii) Chlorine dioxide.
(A) Routine monitoring. Systems shall take one sample per day at the entrance to the distribution system. For any daily sample that exceeds the MRDL, the system shall conduct additional monitoring as specified in clause (B) in addition to the sample required at the entrance to the distribution system. Compliance shall be based on consecutive daily samples collected by the system under this clause.
(B) Additional monitoring. If a daily sample at the entrance to the distribution system exceeds the chlorine dioxide MRDL, the system shall take three samples in the distribution system on the following day. If chlorine dioxide or chloramines are used to maintain a disinfectant residual in the distribution system, or if chlorine is used to maintain a disinfectant residual in the distribution system and there are no disinfectant addition points after the entrance to the distribution system, the system shall take three samples as close to the first customer as possible, at intervals of at least 6 hours. If chlorine is used to maintain a disinfectant residual in the distribution system and there are one or more disinfection addition points after the entrance to the distribution system, the system shall take one sample at each of the following locations: as close to the first customer as possible, at a location representing an average residence time, and at a location representing a maximum residence time.
§ 109.302. Special monitoring requirements.
(a) The Department may require a public water supplier to conduct monitoring in addition to that required by § 109.301 (relating to general monitoring requirements) if the Department has reason to believe the public water system is not in compliance with the MCL, MRDL or treatment technique requirement for the contaminant.
* * * * * § 109.303. Sampling requirements.
(a) The samples taken to determine a public water system's compliance with MCLs or MRDLs or to determine compliance with monitoring requirements shall be taken at the locations identified in §§ 109.301 and 109.302 (relating to general monitoring requirements; and special monitoring requirements), or as follows:
* * * * * § 109.304. Analytical requirements.
(a) Sampling[, monitoring] and analysis shall be performed in accordance with analytical techniques adopted by the EPA under the Federal act or methods approved by the Department.
(b) An alternate analytical technique may be employed with the written approval of the Department and the concurrence of the Administrator. An alternate technique will be accepted only if it is substantially equivalent to the prescribed test in both precision and accuracy as it relates to the determination of compliance with MCLs or MRDLs or treatment technique requirements. The use of the alternate analytical technique may not decrease the frequency of monitoring required by this subchapter.
Subchapter D. PUBLIC NOTIFICATION § 109.401. General public notification requirements.
For the purposes of this section, the term ''acute violation'' means a violation of the MCL for a contaminant or another condition that may pose an acute risk to human health. Acute violations include, but are not limited to: the MCL for nitrate or nitrite is exceeded, the turbidity performance level which is required to be measured to determine compliance with § 109.202(c) (relating to State MCLs, MRDLs and treatment technique requirements) or the turbidity level at an unfiltered surface water source exceeds 5 NTU, the MCL for total coliforms is exceeded due to the presence of fecal coliforms or E. coli in the water distribution system, the MRDL for chlorine dioxide is exceeded in the distribution system 1 day after an MRDL exceedance at the entry point, failure to monitor in the distribution system one day after a chlorine dioxide MRDL exceedance at the entry point, and the occurrence of a waterborne disease outbreak.
(1) The public water supplier shall give public notification in accordance with this section when one of the following occurs:
(i) The public water system is not in compliance with the applicable primary MCLs, MRDLs or treatment technique requirements in Subchapter B (relating to MCLs, MRDLs or treatment technique requirements).
* * * * * (2) A community water supplier, except for violations involving POE devices, required to provide public notification shall, at a minimum, provide public notification in a form approved by the Department as follows:
* * * * * (iii) In addition to the publication of the notice in accordance with [the provisions of] paragraph (2)(i), the water supplier, except one required to post or hand deliver the notice under paragraph (2)(i)(A) or (B) shall furnish a copy of the notice to the radio and television stations serving the area after the supplier learns of an acute violation or another primary MCL or MRDL violation under paragraph (1)(i) in accordance with the following schedule:
* * * * * (B) Within 7 days of a violation of another primary MCL or MRDL.
* * * * * § 109.402. Emergency public notification.
In addition to the requirements of § 109.401 (relating to general public notification requirements), the Department may require public notice by providing a water supply warning to be given if conditions in a public water system present an imminent hazard to the public health.
(1) A public water supplier who knows that a primary MCL or MRDL has been exceeded or a treatment technique performance standard has been violated or has reason to believe that circumstances exist which may adversely affect the quality of drinking water, including, but not limited to, source contamination, spills, accidents, natural disasters or breakdowns in treatment, shall report the circumstance to the Department within 1 hour of discovery of the problem.
* * * * * § 109.403. Description and content of notice.
(a) Notice given under this subchapter shall be written in a manner reasonably designed to fully inform the users of the system.
* * * * * (2) The notice shall disclose material facts regarding the subject including the nature of the problem and, when appropriate, a clear statement that an MCL, an MRDL or a treatment technique requirement has been violated and the preventive measures that should be taken by the public.
* * * * * (d) Community water systems serving at least 10,000 persons that detect TTHM above 0.080 mg/L, but below the MCL in 40 CFR 141.12 (relating to maximum contaminant levels for total trihalomethanes), as an annual average, monitored and calculated under 40 CFR 141.30 (relating to total trihalomethanes sampling, analytical and other requirements), shall include health effects language prescribed by paragraph (73) of Appendix C to 40 CFR Subpart O (relating to consumer confidence reports).
Subchapter E. PERMIT REQUIREMENTS § 109.503. Public water system construction permits.
* * * * * (c) Permit fees.
* * * * * (3) Applications for permits or major permit amendments submitted to satisfy the requirements of Subchapter B (relating to MCLs, MRDLs or treatment technique requirements) for removal of VOCs and SOCs through the construction of treatment facilities designed to achieve greater removal of contaminants than would be achieved by conventional filtration shall be accompanied by a fee of $2,500.
* * * * * § 109.505. Requirements for noncommunity water systems.
A noncommunity water system shall obtain a construction permit under § 109.503 (relating to public water system construction permits) and an operation permit under § 109.504 (relating to public water system operation permits), unless the noncommunity water system satisfies paragraph (1) or (2). The Department retains the right to require a noncommunity water system that meets the requirements of paragraph (1) or (2) to obtain a construction and an operation permit, if, in the judgment of the Department, the noncommunity water system cannot be adequately regulated through standardized specifications and conditions. A noncommunity water system which is released from the obligation to obtain a construction and an operation permit shall comply with the other requirements of this chapter, including design, construction and operation requirements described in Subchapters F and G (relating to design and construction standards; and system management responsibilities).
* * * * * (2) A noncommunity water system not covered under paragraph (1) is not required to obtain a construction and an operation permit if it satisfies the following specifications and conditions:
(i) The sources of supply for the system are groundwater sources requiring treatment no greater than disinfection to provide water of a quality that meets the primary MCLs established under Subchapter B (relating to MCLs, MRDLs or treatment technique requirements).
* * * * * § 109.506. Emergency permits.
* * * * * (b) State and Federal agencies conducting emergency response bulk water hauling operations are not required to obtain a permit under this subchapter, if a Department approved source is utilized and adequate monitoring is conducted to assure compliance with the microbiological MCL specified in § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements).
* * * * * § 109.507. Permits for innovative technology.
The Department may consider proposals for innovative water treatment processes, methods or equipment and may issue an innovative technology construction or operation permit if the applicant demonstrates to the Department's satisfaction that the proposal will provide drinking water that complies with Subchapter B (relating to MCLs, MRDLs or treatment technique requirements). Applications for innovative technology construction permits shall satisfy the requirements of § 109.503 (relating to public water system construction permits). The Department may condition innovative technology operation permits on duration, additional monitoring, reporting or other requirements as it deems necessary to protect the public health. The Department may revoke an innovative technology construction or operation permit if it finds the public water system is not complying with drinking water standards or the terms or conditions of the permit or if there is a significant change in the source water quality which could affect the reliability and operability of the treatment facility. Authorization for construction, operation or modifications obtained under an innovative technology permit will not extend beyond the expiration date of the permit.
Subchapter F. DESIGN AND CONSTRUCTION STANDARDS § 109.602. Acceptable design.
(a) A public water system shall be designed to provide an adequate and reliable quantity and quality of water to the public. The design shall ensure that the system will, upon completion, be capable of providing water that complies with the primary and secondary MCLs, MRDLs and treatment techniques established in Subchapter B (relating to MCLs, MRDLs or treatment technique requirements) except as further provided in this section.
* * * * * § 109.605. Minimum treatment design standards.
The level of treatment required for raw water depends upon the characteristics of the raw water, the nature of the public water system and the likelihood of contamination. The following minimum treatment design standards apply to new facilities and major changes to existing facilities:
(1) For surface water sources, the minimum treatment design standard for filtration technologies is a 99% removal of Giardia cysts and a 99% removal of viruses. The determination of the appropriate filtration technology to be used shall be based on the following:
* * * * * (ii) Direct filtration, slow sand filtration and diatomaceous earth filtration may be permitted if studies, including pilot studies where appropriate, approved by the Department are conducted and demonstrate, through achievement of the turbidity performance standards specified in § 109.202(c)(1)(i) (relating to State MCLs, MRDLs and treatment technique requirements), that the minimum treatment design standard can be achieved consistently, reliably and practically under appropriate design and operating conditions.
* * * * * § 109.611. Disinfection.
Disinfection facilities shall be designed to provide the dosage rate and contact time prior to the first customer sufficient to provide a quality of water that complies with the microbiological MCL and the appropriate MRDL, specified in § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements).
§ 109.612. POE devices.
* * * * * (c) A public water supplier using POE devices as a means of treatment shall install a POE device on the service line to customers, except for customers who are provided with water that meets the requirements of Subchapter B (relating to MCLs, MRDLs or treatment technique requirements) without the use of a POE device.
* * * * *
Subchapter G. SYSTEM MANAGEMENT RESPONSIBILITIES § 109.701. Reporting and recordkeeping.
(a) Reporting requirements for public water systems. Public water systems shall comply with the following requirements:
* * * * * (2) Monthly reporting requirements for performance monitoring.
* * * * * (ii) The test results of performance monitoring required under § 109.301(2) for public water suppliers using unfiltered surface water sources shall include the following, at a minimum:
* * * * * (B) For performance monitoring of the residual disinfectant concentration of the water being supplied to the distribution system:
(I) The date, time and lowest value each day the concentration is less than the residual disinfectant concentration required under § 109.202(c)(1)(iii) (relating to State MCLs, MRDLs and treatment technique requirements).
* * * * * (8) Reporting requirements for disinfectant residuals. Public water systems shall report MRDL monitoring data as follows:
(i) For systems monitoring for chlorine dioxide under § 109.301(13), the dates, results and locations of the samples that were taken during the previous month.
(ii) For systems monitoring for either chlorine or chloramines under § 109.301(13):
(A) The monthly arithmetic average of all samples taken in each month for the last 12 months.
(B) The arithmetic average of all monthly averages for the last 12 months.
(9) Reporting requirements for disinfection byproducts.
(i) Systems monitoring for TTHMs and HAA5 under § 109.301(12) shall report the following:
(A) Systems monitoring on a quarterly or more frequent basis shall report the following:
(I) The number of samples taken during the last quarter.
(II) The date, location and result of each sample taken during the last quarter.
(III) The arithmetic average of all samples taken in the last quarter.
(IV) The annual arithmetic average of the quarterly arithmetic averages for the last 4 quarters.
(V) Whether the annual arithmetic avearge exceeds the MCL for either TTHMs or HAA5.
(B) Systems monitoring less than quarterly but no less than annually shall report the following:
(I) The number of samples taken during the last year.
(II) The date, location and result of each sample taken during the last monitoring period.
(III) The arithmetic average of all samples taken in the last year.
(IV) Whether the annual arithmetic average exceeds the MCL for either TTHMs or HAA5.
(C) Systems monitoring less than annually shall report the following:
(I) The date, location and result of the last sample taken.
(II) Whether the sample exceeds the MCL for either TTHMs or HAA5.
(ii) Systems monitoring for chlorite under § 109.301(12) shall report the following:
(A) The number of entry point samples taken each month for the last 3 months.
(B) The date, location and result of each entry point and distribution sample taken during the last quarter.
(C) The arithmetic average of each three-sample set of distribution samples taken in each month in the reporting period.
(D) Whether the monthly arithmetic average exceeds the MCL.
(iii) Systems monitoring for bromate under § 109.301(12) shall report the following:
(A) The number of samples taken during the last quarter.
(B) The date, location and result of each sample taken during the last quarter.
(C) The arithmetic average of the monthly arithmetic averages of all samples taken in the last year.
(D) Whether the annual arithmetic average exceeds the MCL.
(10) Reporting requirements for disinfection byproduct precursors. Systems monitoring for TOC under § 109.301(12) shall report in accordance with 40 CFR 141.134(d) (relating to reporting and recordkeeping requirements for disinfection byproduct precursors and enhanced coagulation or enhanced softening).
* * * * * (d) Record maintenance. The public water supplier shall retain on the premises of the public water system or at a convenient location near the premises the following:
* * * * * (3) Records of action taken by the public water supplier to correct violations of MCLs, MRDLs or treatment technique requirements, which shall be kept for at least 3 years after the last action taken with respect to the particular violation involved.
* * * * * (e) Monitoring plans for disinfectants, disinfection byproducts and disinfection byproduct precursors. Systems required to monitor for disinfection byproducts or disinfection byproduct precursors under § 109.301(12) or disinfectant residuals under § 109.301(13) shall develop and implement a monitoring plan. The system shall maintain the plan and make it available for inspection by the Department and the general public no later than 30 days following the applicable compliance dates. All systems that use either surface water or GUDI sources shall submit a copy of the monitoring plan to the Department no later than the date of the first report required under this subchapter. The Department may also require the plan to be submitted by any other system, regardless of size or source water type. After review, the Department may require changes in any of the plan components.
(1) The plan shall include the following components:
(i) Specific locations and schedules for collecting samples for any parameters included in § 109.301 (12) or (13).
(ii) How the system will calculate compliance with the MCLs, MRDLs and treatment techniques.
(iii) If approved for monitoring as a consecutive system, or if providing water to a consecutive system, the sampling plan shall reflect the entire distribution system.
(iv) Systems may consider multiple wells drawing water from a single aquifer as one treatment plant for determining the minimum number of TTHM and HAA5 samples required under § 109.301(12)(i).
(2) The system shall notify the Department of subsequent revisions to an approved monitoring plan for approval as they occur. Revisions to an approved monitoring plan shall be submitted in written form to the Department within 30 days of notifying the Department of the revisions.
§ 109.704. Operator certification.
* * * * * (c) Beginning ______(Editor's Note: The blank refers to a date 3 years from the effective date of the adoption of this proposal), nontransient noncommunity water systems that provide water that contains a chemical disinfectant shall be operated by qualified personnel certified under the Sewage Treatment Plant and Waterworks Operators' Certification Act (63 P. S. §§ 1001--1015). The minimum certification to operate these facilities shall be a certificate to operate plants with disinfection only, under § 303.2 (relating to waterworks operators certificates).
§ 109.710. Disinfectant residual in the distribution system.
(a) A disinfectant residual acceptable to the Department shall be maintained throughout the distribution system of the community water system sufficient to assure compliance with the microbiological MCLs and the treatment technique requirements specified in § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements). The Department will determine the acceptable residual of the disinfectant considering factors such as type and form of disinfectant, temperature and pH of the water, and other characteristics of the water system.
* * * * * (c) Public water systems may increase residual chlorine or chloramine, but not chlorine dioxide, disinfectant levels in the distribution system to a level that exceeds the MRDL for that disinfectant and for a time necessary to protect public health or to address specific microbiological contamination problems caused by circumstances such as, but not limited to, distribution line breaks, storm runoff events, source water contamination events or cross-connection events.
Subchapter H. LABORATORY CERTIFICATION § 109.801. Certification requirement.
A laboratory shall be certified under this subchapter to perform analyses acceptable to the Department for the purposes of ascertaining drinking water quality and demonstrating compliance with monitoring requirements established in Subchapter C (relating to monitoring requirements).
* * * * * (3) A parameter of drinking water quality for which no MCL, MRDL or monitoring requirement of general applicability has been established may be part of a certification subcategory.
§ 109.805. Certification procedure.
* * * * * (b) [For certification areas other than microbiology, the laboratory shall successfully complete at least one set of performance evaluation samples required by the Department for the parameters in the category for which certification is sought. Acceptable tolerances of analyses of performance evaluation samples shall be as stated by the EPA in 40 CFR 141.23(k)(5), 141.24(f)(17) and (h)(19) (relating to inorganic chemical sampling and analytical requirements; and organic chemicals other than total trihalomethanes, sampling and analytical requirements). For microbiology certification, the laboratory shall successfully complete a set of performance evaluation samples as required by the Department to show proficiency.] The laboratory shall successfully complete at least one set of proficiency test samples required by the Department for the parameters in the category for which certification is sought. Acceptable tolerances of analyses of proficiency test evaluation samples shall be as stated by the EPA in 40 CFR Part 141 (relating to National Primary Drinking Water Regulations) or the ''National Standards for Water Proficiency Testing, Criteria Document.'' For parameters not included in either document the acceptance limits shall be those established by the Department.
* * * * * (e) In addition to terms and conditions in the certification issued to a laboratory, the certified laboratory shall fulfill the following requirements to maintain certification:
* * * * * (3) The laboratory shall successfully complete at least one set of proficiency test samples required by the Department at least once every 12 months.
§ 109.810. Reporting and notification requirements.
* * * * * (b) A laboratory certified under this subchapter shall whenever an MCL, MRDL or a treatment technique performance requirement under § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements) is violated, or a sample result requires the collection of check samples under § 109.301 (relating to general monitoring requirements):
* * * * *
Subchapter I. VARIANCES AND EXEMPTIONS ISSUED BY THE DEPARTMENT § 109.901. Requirements for a variance.
* * * * * (b) The Department may grant one or more variances to a public water system from a treatment technique requirement upon a finding that the public water supplier applying for the variance has demonstrated that, because of the nature of the raw water source of the system the treatment technique is not necessary to protect the health of the persons served by the system. The treatment technique requirements established under § 109.202(c) (relating to State MCLs, MRDLs and treatment techniques requirements) and treatment technique requirements established under § 109.1102(b) (relating to action levels and treatment technique requirements) are not eligible for a variance.
§ 109.903. Requirements for an exemption.
* * * * * (b) The treatment technique requirements established under § 109.202(c) (relating to State MCLs, MRDLs and treatment technique requirements) and treatment technique requirements established under § 109.1102(b) (relating to action levels and treatment technique requirements) are not eligible for an exemption.
Subchapter J. BOTTLED WATER AND VENDED WATER SYSTEMS, RETAIL WATER FACILITIES AND BULK WATER HAULING SYSTEMS § 109.1002. MCLs, MRDLs or treatment techniques.
(a) Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall supply drinking water that complies with the MCLs, MRDLs and treatment technique requirements under §§ 109.202 and 109.203 (relating to State MCLs, MRDLs and treatment technique requirements; and unregulated contaminants). Bottled water systems, vended water systems, retail water facilities and bulk water hauling systems shall provide continuous disinfection for groundwater sources. Water for bottling labeled as mineral water, under § 109.1007 (relating to labeling requirements for bottled water systems, vended water systems and retail water facilities) shall comply with the MCLs except that mineral water may exceed the MCL for total dissolved solids.
* * * * * § 109.1003. Monitoring requirements.
(a) General monitoring requirements. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall monitor for compliance with the MCLs and MRDLs in accordance with § 109.301 (relating to general monitoring requirements) and shall comply with § 109.302 (relating to special monitoring requirements). The monitoring requirements shall be applied as follows, except that systems which have installed treatment to comply with a primary MCL shall conduct quarterly operational monitoring for the contaminant which the facility is designed to remove:
(1) Bottled water systems, retail water facilities and bulk water hauling systems, for each entry point shall:
* * * * * (viii) Monitor monthly for bromate, if the system uses ozone for disinfection or oxidation.
(A) Systems shall take one sample per month for each entry point that uses ozone while the ozonation system is operating under normal conditions.
(B) Systems may reduce monitoring for bromate from monthly to quarterly if the system demonstrates that the average source water bromide concentration is less than 0.05 mg/L based upon representative monthly bromide measurements for 1 year. Systems on reduced monitoring shall continue monthly source water bromide monitoring. If the running annual average source water bromide concentration, computed quarterly, is equal to or exceeds 0.05 mg/L, the system shall revert to routine monitoring as prescribed by clause (A).
* * * * * (c) Sampling requirements.
(1) For bottled water and vended water systems, retail water facilities and bulk water hauling systems, samples taken to determine compliance with MCLs, MRDLs and monitoring requirements, including special monitoring requirements for unregulated contaminants, and treatment techniques shall be taken from each entry point.
* * * * * (d) Repeat monitoring for microbiological contaminants.
* * * * * (3) If a check sample is total coliform-positive, the system shall be deemed to have violated the MCL for total coliforms established under § 109.1002 (relating to MCLs, MRDLs or treatment techniques).
§ 109.1004. Public notification.
(a) General public notification requirements. A bottled water, vended water, retail water or bulk water supplier shall give public notification in accordance with this section. In addition, a bulk water supplier shall give public notification in accordance with §§ 109.401(a) and 109.406(b) (relating to general public notification requirements; and public notice requirements for unregulated contaminants).
(1) A bottled water, vended water, retail water or bulk water supplier who knows that a primary MCL or an MRDL has been exceeded or treatment technique performance standard has been violated or has reason to believe that circumstances exist which may adversely affect the quality of drinking water, including, but not limited[,] to, source contamination, spills, accidents, natural disasters or breakdowns in treatment, shall report the circumstances to the Department within 1 hour of discovery of the problem.
* * * * * (b) Description and content of notice. Notice given under this section shall be written in a manner reasonably designed to fully inform the users of the system. When appropriate or as designated by the Department, additional notice in a foreign language shall be given.
* * * * * (2) The notice shall disclose material facts regarding the subject, including the nature of the problem and, when appropriate, a clear statement that an MCL or MRDL has been violated and preventive measures that should be taken by the public.
* * * * * § 109.1005. Permit requirements.
* * * * * (e) Permit applications. An application for a public water system permit for a bottled water or vended water system, retail water facility or bulk water hauling system shall be submitted in writing on forms provided by the Department and shall be accompanied by plans, specifications, engineer's report, water quality analyses and other data, information or documentation reasonably necessary to enable the Department to determine compliance with the act and this chapter. The Department will make available to the applicant the Public Water Supply Manual, available from the Bureau of Water Supply Management, Post Office Box 8467, Harrisburg, Pennsylvania 17105-8467 which contains acceptable design standards and technical guidance. Water quality analyses shall be conducted by a laboratory certified under this chapter. An application for a public water system permit for a bottled water or vended water system, retail water facility or bulk water hauling system shall include:
* * * * * (7) In addition to the information required under paragraphs (1)--(6), an application for a bottled water system permit shall include:
(i) An analysis of the quality of the manufactured water for each bottled water product. The analysis shall include data for each primary and secondary contaminant under § 109.1002 (relating to MCLs, MRDLs or treatment techniques).
* * * * * § 109.1006. Design and construction standards.
* * * * * (b) Acceptable design. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall be designed to provide an adequate quality of water to the public. The design shall ensure that the system will, upon completion, be capable of providing water that complies with the primary and secondary MCLs, MRDLs and treatment techniques established in § 109.1002 (relating to MCLs, MRDLs or treatment techniques). The Department may approve control techniques, such as nonremoval processes, which abate the problems associated with a secondary contaminant, and achieve the objective of the secondary MCL.
* * * * * § 109.1009. System operational requirements.
* * * * * (c) Disinfectant residual requirements. A disinfectant residual acceptable to the Department shall be maintained at the entry point of the bottled water or vended water system, retail water facility or bulk water hauling system sufficient to assure compliance with the microbiological MCL specified in § 109.1002 (relating to MCLs, MRDLs or treatment techniques). The Department will determine the acceptable residual of the disinfectant considering [such] factors such as type and form of disinfectant, temperature and pH of the water, and other characteristics of the water system.
* * * * *
Subchapter K. LEAD AND COPPER § 109.1105. Permit requirements.
* * * * * (b) Construction permits and permit amendments. The water supplier shall submit an application for a public water system construction permit for a newly-created system or an amended construction permit for a currently-permitted system for corrosion control treatment facilities by the applicable deadline established in § 109.1102(b)(2) (relating to action levels and treatment technique requirements), unless the system complies with paragraph (1) or (2) or otherwise qualifies for a minor permit amendment under § 109.503(b) (relating to public water system construction permits). The permit application shall comply with § 109.503 and contain the applicable information specified therein. The application shall include recommended water quality parameter performance requirements for optimal corrosion control treatment as specified in § 109.1102(b)(5) and other data, information or documentation necessary to enable the Department to consider the application for a permit for construction of the facilities.
(1) Community water system minor permit amendments. The community water supplier may submit a written request for an amended construction permit to the Department if the system satisfies the conditions under subparagraphs (i)--(iv). A request for an amended construction permit under this paragraph shall describe the proposed change in sufficient detail to allow the Department to adequately evaluate the proposal.
* * * * * (iii) Except for corrosion control treatment, the sources require treatment no greater than disinfection to provide water of a quality that meets the MCLs and treatment technique requirements established under Subchapter B (relating to MCLs, MRDLs or treatment technique requirements).
* * * * * (2) Nontransient noncommunity water system permits. The nontransient noncommunity water supplier is not required to obtain a construction permit or permit amendment under subsection (b) if the system satisfies the following specifications and conditions:
* * * * * (iii) Except for corrosion control treatment, the sources require treatment no greater than disinfection to provide water of a quality that meets the MCLs and treatment technique requirements established under Subchapter B.
* * * * *
[Pa.B. Doc. No. 00-1503. Filed for public inspection September 1, 2000, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
