[31 Pa.B. 3895]
[Continued from previous Web Page] (C) Repeat monitoring for systems with nitrate or nitrite levels equal to or greater than 50% of the MCL.
(I) For entry points at which initial monitoring results or subsequent monitoring indicate nitrate or nitrite levels equal to or greater than 50% of the MCL, community and nontransient noncommunity water systems shall begin quarterly monitoring the quarter following detection at that level and continue quarterly monitoring for both nitrate and nitrite, unless reduced monitoring is granted in accordance with subclause (III).
(II) For entry points at which initial monitoring results or subsequent monitoring indicate nitrate or nitrite levels greater than the MCL, transient noncommunity systems shall begin quarterly monitoring the quarter following detection at that level and continue quarterly monitoring for both nitrate and nitrite, unless reduced monitoring is granted in accordance with subclause (IV).
(III) After four consecutive quarterly samples at an entry point for a community or nontransient noncommunity system indicate nitrate and nitrite levels in each sample are less than 50% of the MCLs, the required compliance monitoring is reduced to one sample per year at the entry point. Annual monitoring shall be conducted during the calendar quarter in which the consecutive quarterly monitoring indicated that the highest levels of contamination were present, unless the Department determines that a different monitoring quarter should be used in accordance with paragraph (10).
(IV) After four consecutive quarterly samples at an entry point for a transient noncommunity system indicate nitrate and nitrite levels in each sample are less than the MCLs, the required compliance monitoring is reduced to one sample per year at the entry point. Annual monitoring shall be conducted during the calendar quarter in which the consecutive quarterly monitoring indicated that the highest levels of contamination were present, unless the Department determines that a different monitoring quarter should be used in accordance with paragraph (10).
(V) For nitrate or nitrite sample results in excess of the MCLs, the water supplier shall take a confirmation sample within 24 hours of having received the original sample result. Noncommunity water systems for which an alternate nitrate level has been approved by the Department in accordance with 40 CFR 141.11(d) are not required to collect a confirmation sample if only the nitrate MCL is exceeded and nitrate is not in excess of the alternate nitrate level. If the alternate nitrate level is exceeded, the water supplier shall collect a confirmation sample within 24 hours after being advised by the certified laboratory performing the analysis that the compliance sample exceeded 20 mg/L for nitrate. Confirmation monitoring shall be completed by the deadline for compliance monitoring. Quarterly performance monitoring is required for nitrate and nitrite at entry points where treatment has been installed to remove nitrate or nitrite.
(D) Repeat monitoring for systems with nitrate and nitrite levels less than 50% of the MCLs. For entry points at which initial monitoring results indicate nitrate and nitrite levels in each sample are less than 50% of the MCLs, nitrate and nitrite monitoring shall be repeated annually during the calendar quarter in which the water supplier anticipates the highest levels of contamination, unless the Department determines that a different monitoring quarter should be used in accordance with paragraph (10).
(iii) Monitoring requirements for antimony, arsenic, barium, beryllium, cadmium, cyanide, chromium, fluoride, mercury, nickel, selenium and thallium.
(A) Initial monitoring schedule. Community water systems and nontransient noncommunity water systems shall monitor each surface water entry point annually beginning during the year beginning January 1, 1993, and shall monitor each groundwater entry point once every 3 years beginning during the year beginning January 1, 1994.
(B) Monitoring of new entry points. New groundwater entry points which begin operation after December 31, 1994, shall begin initial monitoring in accordance with the schedule in clause (A)--that is, 1997, and so forth. New surface water entry points shall begin initial annual monitoring during the first new calendar year after the entry point begins serving the public.
(C) Repeat monitoring for entry points at which an IOC MCL is exceeded.
(I) For entry points at which initial monitoring results or subsequent monitoring indicates an IOC level in excess of the MCL, monitoring shall be repeated quarterly beginning the quarter following detection at that level for each IOC in excess of an MCL, until reduced monitoring is granted in accordance with subclause (II).
(II) After analyses of four consecutive quarterly samples at an entry point where treatment has not been installed to comply with an IOC MCL indicate that contaminant levels are less than the MCLs, the required monitoring for each IOC less than the MCL is reduced to the frequencies stated in clause (A). This reduced monitoring option does not apply to entry points at which treatment has been installed for IOC removal. Compliance monitoring for IOCs for which treatment has been installed to comply with an MCL shall be conducted at least annually, and performance monitoring shall be conducted quarterly.
(III) A confirmation sample shall be collected and analyzed for each IOC listed under 40 CFR 141.11(b) or 141.62(b) which is detected at a level in excess of its MCL during annual or less frequent compliance monitoring. The confirmation sample shall be collected within 2 weeks of notification by the certified laboratory performing the analysis that an MCL has been exceeded. The average of the results of the original and the confirmation samples will be used to determine compliance. Confirmation monitoring shall be completed by the deadline specified for IOC compliance monitoring.
(D) Waivers for IOC monitoring. Except when treatment has been installed to remove the IOC, after three consecutive rounds of quarterly, annual or triennial monitoring indicate the contaminant level for an IOC is below the MCL in all samples at an entry point, routine monitoring for the remainder of the compliance cycle for that IOC is waived and the required monitoring for the IOC is reduced to one sample per 9-year compliance cycle at that entry point. Reduced monitoring shall be conducted during the first monitoring period of the next monitoring cycle. A waiver is effective for one compliance cycle and may be renewed in each subsequent compliance cycle.
(E) Operational monitoring for fluoride. Public water suppliers who fluoridate shall conduct operational monitoring for fluoride daily.
(8) Monitoring requirements for public water systems that obtain finished water from another public water system.
(i) Consecutive water suppliers shall monitor for compliance with the MCL for microbiological contaminants at the frequency established by the EPA and incorporated by reference into this chapter.
(ii) Community consecutive water suppliers shall:
(A) Monitor for compliance with the MCL for TTHMs established under 40 CFR 141.12 (relating to maximum contaminant levels for total trihalomethanes) in accordance with 40 CFR 141.30 (relating to total trimalomethanes sampling, analytical and other requirements) if the system does one of the following:
(I) Serves more than 10,000 persons.
(II) Obtains finished water from another public water system serving more than 10,000 persons.
(B) Monitor the distribution system for compliance with the MCL for asbestos at the frequency indicated in paragraph (7)(i), when the Department determines that the system's distribution system contains asbestos cement pipe and optimum corrosion control measures have not been implemented.
(iii) Consecutive water suppliers are exempt from conducting monitoring for the MCLs for VOCs, SOCs and IOCs if the public water system from which the finished water is obtained complies with paragraphs (5)--(7), except that asbestos monitoring is required in accordance with subparagraph (ii)(B).
(iv) For a public water system which is not a consecutive water system, the exemption in subparagraph (iii) applies to entry points which obtain finished water from another public water system.
(v) A public water supplier that obtains finished water from another permitted public water system using surface water sources shall, beginning May 16, 1992, measure the residual disinfectant concentration at representative points in the distribution system at least as frequently as the frequency required for total coliform sampling for compliance with the MCL for microbiological contaminants.
(vi) Community water systems and nontransient noncommunity water systems that provide finished water that contains a chemical disinfectant or oxidant shall comply with the monitoring requirements for disinfection byproducts and disinfectant residuals in paragraphs (12)(i)--(iii) and (13).
(9) Monitoring requirements for POE devices. A public water supplier using a POE device shall, in addition to the monitoring requirements specified in paragraphs (1)--(8), conduct monitoring on the devices installed. As a minimum, the monitoring shall include the MCLs for which the POE device is intended to treat and monthly microbiological monitoring. The Department may allow the water supplier to reduce the frequency of microbiological monitoring based upon historical performance. Except for microbiological contaminants, monitoring shall be performed quarterly on 25% of the installed POE devices with the locations rotated so that each device is monitored at least once annually, unless increased monitoring is required by the Department under § 109.302.
(10) Additional monitoring. The Department may by written notice require a public water supplier to conduct monitoring for compliance with MCLs or MRDLs during a specific portion of a monitoring period, if necessary to ensure compliance with the monitoring or reporting requirements in this chapter.
(11) Monitoring requirements for entry points that do not provide water continuously. Entry points from which water is not provided during every quarter of the year shall monitor in accordance with paragraphs (5)--(7), except that monitoring is not required during a quarter when water is not provided to the public, unless special monitoring is required by the Department under § 109.302.
(12) Monitoring requirements for disinfection byproducts and disinfection byproduct precursors. 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 disinfection byproducts. 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 disinfection byproducts and disinfection byproduct precursors shall take all samples during normal operating conditions. Systems monitoring for disinfection byproducts and disinfection byproduct precursors may use only data collected under this chapter to qualify for reduced monitoring. Compliance with the MCLs and monitoring requirements for TTHMs, HAA5, chlorite (where applicable) and bromate (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) TTHMs and HAA5.
(A) Routine monitoring.
(I) Systems that use either surface water or GUDI sources shall monitor as follows:
(-a-) Systems serving at least 10,000 persons shall take at least four samples per quarter per treatment plant. At least 25% of all samples collected each quarter shall be collected at locations representing maximum residence time. The remaining samples shall be taken at locations that are representative of the entire distribution system and that are representative of at least average residence time.
(-b-) Systems serving from 500 to 9,999 persons shall take at least one sample per quarter per treatment plant. The sample shall be taken at a location that represents a maximum residence time.
(-c-) Systems serving fewer than 500 persons shall take at least one sample per year per treatment plant during the month of warmest water temperature. The sample shall be taken at a location that represents a maximum residence time. If the sample, or average of all samples, exceeds either a TTHM or HAA5 MCL, then the system shall take at least one sample per quarter per treatment plant. The sample shall be taken at a location that represents a maximum residence time. The system may reduce the sampling frequency back to one sample per year per treatment plant in accordance with the reduced monitoring criteria of clause (B).
(-d-) If a system samples more frequently than the minimum required in items (-a-)--(-c-), at least 25% of all samples collected each quarter shall be collected at locations representing maximum residence time, with the remainder of the samples representing locations of at least average residence time.
(II) Systems that use groundwater sources shall monitor as follows:
(-a-) Systems serving at least 10,000 persons shall take at least one sample per quarter per treatment plant. Multiple wells drawing water from a single aquifer may be considered as a single treatment plant. The sample shall be taken at a location that represents a maximum residence time.
(-b-) Systems serving fewer than 10,000 persons shall take at least one sample per year per treatment plant during the month of warmest water temperature. Multiple wells drawing water from a single aquifer may be considered as a single treatment plant. The sample shall be taken at a location that represents a maximum residence time. If the sample, or average of all samples, exceeds either a TTHM or HAA5 MCL, the system shall take at least one sample per quarter per treatment plant. The sample shall be taken at a location that represents a maximum residence time. The system may reduce the sampling frequency back to one sample per year per treatment plant in accordance with the reduced monitoring criteria of clause (B).
(-c-) If a system samples more frequently than the minimum required, at least 25% of all samples collected each quarter shall be collected at locations representing maximum residence time, with the remainder of the samples representing locations of at least average residence time.
(B) Reduced monitoring. Systems that have monitored for TTHMs and HAA5 for at least 1 year may reduce monitoring according to this clause. Systems that use either surface water or GUDI sources shall monitor source water TOC monthly for at least 1 year prior to qualifying for reduced monitoring. The Department retains the right to require a system that meets the requirements of this clause to resume routine monitoring.
(I) Systems that use either surface water or GUDI sources and that have a source water annual TOC average that is no greater than 4.0 mg/L and an annual TTHM average that is no greater than 0.040 mg/L and an annual HAA5 average that is no greater than 0.030 mg/L may reduce monitoring according to items (-a-)--(-c-). 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.
(-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.
(-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.
(-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.
(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.
(-a-) 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:
(-1-) As close to the first customer as possible.
(-2-) At a location representing an average residence time.
(-3-) At a location representing a maximum residence time.
(-b-) 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:
(-a-) As close to the first customer as possible.
(-b-) At a location representing an average residence time.
(-c-) 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 postsedimentation TOC for each treatment plant that uses conventional filtration. Postsedimentation TOC can be taken at any point between sedimentation effluent and the entry point to the distribution system. 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 postsedimentation 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 postsedimentation 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 postsedimentation 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 shall 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 sampled, 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:
(I) As close to the first customer as possible.
(II) At a location representing an average residence time.
(III) 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.
(b) The Department may require a public water supplier to conduct additional monitoring to provide information on contamination of the water supply where a potential health hazard may exist in the water supply and monitoring required under § 109.301 may not be adequate to protect the public health.
(c) The Department may require a public water supplier to conduct special monitoring for an unregulated contaminant if the Department has reason to believe the contaminant is present in the public water system and creates a health risk to the users of the public water system.
(d) The Department will provide a schedule for sampling, instructions for sampling methods and handling samples, and analytical procedures to be followed by public water systems required to perform special monitoring.
(e) The Department may designate special monitoring requirements on a case-by-case basis for experimental facilities.
(f) The special monitoring requirements for unregulated contaminants established by the EPA under 40 CFR 141.40 (relating to special monitoring for organic chemicals) are incorporated by reference. Community water systems andnontransient noncommunity water systems serving 150 or more service connections or 500 or more persons shall monitor for the unregulated contaminants listed by the EPA under 40 CFR 141.40(n)(11) in accordance with the initial monitoring schedule for SOCs in § 109.301(7), and for sulfate listed under 40 CFR 141.40(n)(12). For sulfate, one sample shall be taken at each entry point by December 31, 1995. The Department will grant a waiver from conducting monitoring for an unregulated contaminant under 40 CFR 141.40(n)(11) based on a determination that the contaminant was not previously used, transported, stored or disposed of in the watershed or wellhead protection area Zones I and II, or the source is not susceptible to contamination by the contaminant based on the factors listed under § 109.301(6)(v). Entry points obtaining finished water from another public water system are exempt from monitoring that finished water for the unregulated contaminants listed by the EPA under 40 CFR 141.40(n)(11) and (12).
(g) To enable the Department to determine if a public water supplier is using a source directly influenced by surface water, the Department may require a public water supplier to conduct monitoring to evaluate the direct influence of surface water upon the source of supply. Monitoring shall be conducted for at least 6 months to include both the wet and dry periods of the year. Samples shall be taken from the collection facilities and measurements shall include the following:
(1) Daily field measurement of temperature, pH, specific conductance and turbidity.
(2) Daily measurement of water level, or flow, and precipitation necessary to establish climatic conditions.
(3) Weekly measurements for total coliform.
(4) Other measurements as required by the Department to evaluate the direct influence of surface water upon the source of supply.
(h) The Department may reduce or eliminate the monitoring required by subsection (g) if the public water supplier demonstrates and the Department determines that the source of supply is not directly influenced by surface water.
§ 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:
(1) Samples for determining compliance with the turbidity MCL shall be taken at each entry point associated with a surface water source that the Department has determined shall be filtered.
(2) Samples for determining compliance with the total coliform MCL shall be taken at regular intervals throughout the monitoring period at sites which are representative of water throughout the distribution system according to an approved written sample siting plan as specified under § 109.701(a)(5) (relating to reporting and recordkeeping).
(3) Samples for determining compliance with the fluoride MCL shall be taken at each entry point.
(4) Samples for determining compliance with MCLs for organic contaminants listed by the EPA under 40 CFR 141.61 (relating to maximum contaminant levels for organic contaminants) and inorganic contaminants listed by the EPA under 40 CFR 141.62 (relating to maximum contaminant levels (MCLs) for inorganic contaminants) and with the special monitoring requirements for unregulated contaminants under § 109.302(f) shall be taken at each entry point to the distribution system after an application of treatment during periods of normal operating conditions. If a system draws water from more than one source and the sources are combined prior to distribution, the system shall sample at the entry point where the water is representative of combined sources being used during normal operating conditions.
(5) Asbestos sampling points shall be at the distribution tap where asbestos contamination is expected to be the greatest based on the presence of asbestos cement pipe and lack of optimum corrosion control treatment, and at the entry point for each source which the Department has reason to believe may contain asbestos, except that a collected distribution sample which is representative of a source may be substituted for a required entry point sample.
(b) The samples taken to determine a public water system's compliance with treatment technique and performance monitoring requirements shall be taken at a point that is as close as practicable to each treatment technique process and that is not influenced by subsequent treatment processes or appurtenances.
(c) For the purpose of determining compliance with the monitoring and analytical requirements established under this subchapter, and Subchapter K (relating to lead and copper), the Department will consider only samples analyzed by a laboratory certified by the Department, except that measurements for turbidity, fluoridation operation, residual disinfectant concentration, temperature, pH, alkalinity, orthophosphates, silica, calcium and conductivity may be performed by a person meeting the requirements of § 109.704 (relating to operator certification).
(d) Public water suppliers shall assure that samples for laboratory analysis are properly collected and preserved, are collected in proper containers, do not exceed maximum holding times between collection and analysis and are handled in accordance with guidelines governing quality control which may be established by the Department. A public water supplier who utilizes a certified laboratory for sample collection as well as analysis satisfies the requirements of this subsection.
(e) Compliance monitoring samples for the VOCs listed under 40 CFR 141.61(a) shall be collected by a person properly trained by a laboratory certified by the Department to conduct VOC or vinyl chloride analysis.
(f) Compliance monitoring samples for the contaminants listed under 40 CFR 141.40(n), 141.61(a) and (c) and 141.62 may be composited in accordance with 40 CFR 141.23(a)(4) and 141.24(f)(14), (g)(7) and (h)(10) (relating to inorganic chemical sampling and analytical requirements; and organic chemicals other than total trihalomethanes, sampling and analytical requirements) except:
(1) Samples from groundwater entry points may not be composited with samples from surface water entry points.
(2) Samples used in compositing shall be collected in duplicate.
(3) If a contaminant listed under 40 CFR 141.61(a) or (c) is detected at an entry point, samples from that entry point may not be composited for subsequent or repeat monitoring requirements.
(4) Samples obtained from an entry point which contains water treated by a community water supplier or a nontransient noncommunity water supplier to specifically meet an MCL for an organic contaminant listed under 40 CFR 141.61(a) or (c) or an MCL for an inorganic contaminant listed under 40 CFR 141.62 may not be composited with other entry point samples.
(g) A compliance sample required under § 109.301(9) shall be taken at a free flowing tap in the house, building or facility where the POE device is located or at a monitoring point approved by the Department on the effluent side of the POE device.
§ 109.304. Analytical requirements.
(a) Sampling 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 1 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).
(ii) The public water supplier fails to perform monitoring and analyses as required by Subchapter C (relating to monitoring requirements).
(iii) The public water system is subject to a variance or exemption granted under Subchapter I (relating to variances and exemptions issued by the Department).
(iv) The public water supplier fails to comply with the requirements prescribed by a variance or exemption.
(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:
(i) The water supplier shall publish the notice within 14 days on 3-consecutive days in a daily newspaper of general circulation within the area served by the community water system and at least once every 3 months so long as the violation, variance or exemption continues. If the area served by a community water system is not served by a daily newspaper of general circulation, the water supplier shall publish the notice on 3-consecutive weeks in a weekly newspaper of general circulation serving the area. If no weekly or daily newspaper of general circulation serves the area, notice shall be given by posting or by hand delivery to each customer in accordance with the following:
(A) Within 72 hours after a water supplier learns of an acute violation.
(B) Within 14 days after the supplier learns of any other violation or is granted a variance or exemption.
(C) If posted, the following shall apply:
(I) The notice shall remain in place continuously so long as the violation, variance or exemption continues.
(II) If the violation has been corrected prior to the start of posting, the notice shall be posted for a minimum of 14 days.
(III) The notice shall be displayed in prominent public places within the area served by the community water system.
(ii) The water supplier by mail delivery, either by direct mail or with the water bill, or by hand delivery shall give direct written notice to each customer within 45 days after the water supplier learns of the violation or is granted a variance or exemption. Additional written notice shall be sent or hand delivered to each customer at least once every 3 months so long as the violation, variance or exemption continues.
(iii) In addition to the publication of the notice in accordance with 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:
(A) Within 72 hours of an acute violation.
(B) Within 7 days of a violation of another primary MCL or MRDL.
(iv) The water supplier having an outstanding violation if public notification is necessitated under paragraph (1)(i), (iii) or (iv) shall give a copy of the most recent public notification to new or transferred billing units or new hookups prior to or at the time service begins.
(v) If a water supplier required to provide public notification serves a billing unit, such as an apartment complex, school, hospital, nursing home or business, in which there are consumers who are not directly notified by the supplier, the following language shall be included in the notice:
''If you, as our customer, have received this notice and there are consumers receiving water from you, such as tenants, residents, patients, students or employees, you should make this notice available to them by posting it in a conspicuous location and by direct hand or mail delivery.''(vi) A consecutive water supplier or a public water supplier that is receiving part of the water it serves from another public water system that experiences a condition described in paragraph (1)(i), (iii) or (iv) shall provide notice to its customers in accordance with this section on receipt of the notification from the public water system supplying the water. The requirements of paragraph (2)(i) and (iii) may be met for a public water supplier purchasing the water if the public water system that is supplying the water includes the name of the public water system being served in the public notification it issues to comply with paragraph (2)(i) and (iii).
(3) A noncommunity water supplier required to provide public notification shall, at a minimum:
(i) Post the notice in accordance with the following schedule:
(A) Within 72 hours after the supplier learns of an acute violation.
(B) Within 14 days after the supplier learns of another violation or is granted a variance or exemption.
(ii) The notice shall remain in place continuously so long as the violation, variance or exemption continues or for a minimum of 14 days, if the violation has been corrected prior to the start of posting.
(iii) The water supplier shall post the notice in conspicuous locations where it can be seen by its customers.
(4) Public water suppliers that have a violation under paragraph (1)(i) or (ii) involving a POE device shall provide public notification in a form approved by the Department as follows:
(i) Community water suppliers shall, within 7 days after learning of the violation, provide direct written notice to each customer where a violation has occurred and provide written notices at least once every 2 months for as long as the violation continues.
(ii) Noncommunity water suppliers, including nontransient, noncommunity water suppliers, shall post a notice in a prominent public place within the areas served by the POE devices. The notice shall be posted continuously for as long as the violation continues.
§ 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.
(2) If the Department determines, based upon information provided by the public water supplier or other information available to the Department, that the circumstances present an imminent hazard to the public health, the public water supplier shall issue a water supply warning approved by the Department under this subsection. The public water supplier is responsible for disseminating the notice in a manner designed to inform users who may be affected by the problem.
(i) Within 4 hours of the Department's determination that an imminent hazard is present, the public water supplier shall provide the notice to newspapers, radio and television media serving the affected public, or directly notify affected users in a manner approved by the Department. The public water supplier shall also notify key public officials as designated in the public water system's emergency response plan.
(ii) The Department may require the public water supplier to further disseminate the notice in an appropriate manner which may include direct mailings, publication in newspapers or other paid advertising or postings.
(iii) A water supply warning shall be followed by further notices designed to inform the public on a continuing basis as to the expected duration of the hazard, progress toward solving the problem and measures that should be taken by users to reduce their risk. These notices shall be given at intervals and in a manner directed by the Department as long as the threat to public health continues.
(iv) The water supply warning shall continue until the Department is satisfied that no significant threat to the public health remains and approves a notice cancelling the water supply warning. The public water supplier shall be responsible for disseminating the cancellation of the water supply warning in a manner similar to the issuance of the warning.
(v) If a noncommunity water system is a place in which persons 17 years of age and under are cared for or educated, such as a school or day care center, notice issued under this subsection shall also be disseminated individually to the parent or guardian of those persons.
(3) If nitrate or nitrite sampling results exceed the MCL, and when the water supplier does not take a confirmation sample within 24 hours as required by § 109.303(7)(ii)(C)(V) (relating to sampling requirements), it will be considered that an imminent hazard is present and the supplier shall issue a water supply warning in accordance with paragraph (2).
§ 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.
(1) The notice shall be conspicuous and may not use technical language, small print or other methods which would frustrate the purpose of the notice.
(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.
(3) Notices shall include a balanced explanation of the significance or seriousness to the public health of the subject of the notice including potential adverse health effects, the population at risk, a clear explanation of steps taken by the supplier to correct the problem, the necessity for seeking alternative supplies, guidance on safeguards and alternatives available to users and the results of additional sampling.
(4) The notice shall include the telephone number of the owner, operator or designee of the public water system as a source of additional information concerning the notice.
(b) If appropriate or as designated by the Department, bilingual or multilingual notice shall be given.
(c) In all notices, except for those required by § 109.401(1)(ii) (relating to general public notification requirements), when providing the information on potential adverse health effects required by subsection (a)(3), the water supplier shall include language that is presently or may be established by the EPA for the contaminant under 40 CFR 141.32(e) (relating to mandatory health effects language) or 40 CFR 143.5(b) (relating to public notices for fluoride) which are incorporated by reference.
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