[31 Pa.B. 3895]
[Continued from previous Web Page]
Subchapter E. PERMIT REQUIREMENTS § 109.503. Public water system construction permits.
(a) Permit application requirements. An application for a public water system construction permit 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 and Community Health, Post Office Box 8467, Harrisburg, Pennsylvania 17105 which contains acceptable design standards and technical guidance. Water quality analyses shall be conducted by a laboratory certified under this chapter.
(1) General requirements. An application shall include:
(i) Permit application signatures. A Department permit application signed as follows:
(A) In the case of corporations, by a principal executive officer of at least the level of vice president, or an authorized representative, if the representative is responsible for the overall operation of the facility.
(B) In the case of a partnership, by a general partner.
(C) In the case of a sole proprietorship, by the proprietor.
(D) In the case of a municipal, State or other public facility, by either a principal executive officer, ranking elected official or other authorized employee.
(ii) Plans, specifications and engineer's report. Plans, specifications and engineer's reports shall comply with the following:
(A) The drawings, specifications and engineer's report shall be prepared by or under the supervision of a professional engineer registered to practice in this Commonwealth or in the state in which the public water system is located.
(B) The front cover or flyleaf of each set of drawings, of each copy of the engineer's report, and of each copy of specifications shall bear the signature and imprint of the seal of the registered engineer. Drawings shall bear an imprint or a legible facsimile of the seal.
(iii) Information describing new sources. The Department may accept approval of an out-of-State source by the agency having jurisdiction over drinking water in that state if the supplier submits adequate proof of the approval and the agency's standards are at least as stringent as this chapter. Information describing sources shall include:
(A) A comprehensive sanitary survey of the physical surroundings of each new source of raw water and its proximity to potential sources of contamination. For surface water, this information shall include a description of the watershed topography and land uses within the watershed. For systems using wells, springs or infiltration galleries, this information shall include a hydrogeological report prepared and signed by a professional geologist who has complied with the requirements of the Engineer, Land Surveyor and Geologist Registration Law (63 P. S. §§ 148--158.2) describing the geology of the area including the source aquifers, overlying formations, hydrogeologic boundaries, aquifer porosity estimates, water table contour or potentiometric surface maps depicting prepumping conditions and other information deemed necessary to evaluate the hydraulic characteristics of the aquifer and demonstrate the suitability of the proposed source. At the discretion of the Department, these requirements may be altered for a proposed well, wellfield, spring or infiltration gallery that will be pumping less than or yielding less than 100,000 gallons per day.
(B) An evaluation of the quality of the raw water from each new source. This subparagraph does not apply when the new source is finished water obtained from an existing permitted community water system unless the Department provides written notice that an evaluation is required. The evaluation shall include analysis of the following:
(I) For groundwater sources, VOCs for which MCLs have been established by the EPA under the National Primary Drinking Water Regulations in 40 CFR 141.61(a) (relating to maximum contaminant levels for organic contaminants). Vinyl chloride monitoring is required only if one or more of the two-carbon organic compounds specified under § 109.301(6)(i) (relating to general monitoring requirements) are detected. Samples for VOCs shall be collected in accordance with the provisions of § 109.303(e) (relating to sampling requirements).
(II) Except for asbestos, IOCs for which MCLs have been established by the EPA under the National Primary Drinking Water Regulations in 40 CFR 141.62 (relating to maximum contaminant levels for inorganic contaminants). The new source shall be monitored for asbestos if the Department has reason to believe the source water is vulnerable to asbestos contamination.
(III) Lead.
(IV) Copper.
(V) Total coliform concentration and, if total coliform-positive, analyze for fecal coliform concentration.
(VI) SOCs.
(-a-) Alachlor, atrazine, chlordane, dibromochloropropane (DBCP), ethylene dibromide (EDB), heptachlor, heptachlor epoxide, lindane, methoxychlor, toxaphene, endrin, hexachlorobenzene, hexachlorocyclopentadiene, polychlorinated byphenyls (PCBs) and simazine unless the Department determines in writing that monitoring for one or more of the substances specified in this clause is not necessary.
(-b-) Other SOCs except for dioxin for which MCLs have been established by the EPA under the National Primary Drinking Water Regulations in 40 CFR 141.61(c) except for those SOCs for which the source is not considered vulnerable based on a vulnerability assessment conducted by the public water supplier and approved by the Department unless the Department determines in writing that monitoring for one or more of the SOCs is not necessary.
(-c-) Dioxin where there is a souce of dioxin contamination within 1,000 feet of a groundwater source or within 1 mile upstream of a surface water source.
(VII) Gross Alpha (alpha) and Gross Beta (beta).
(VIII) For surface water sources, total trihalomethanes.
(IX) Aluminum, chloride, color, foaming agents, iron, manganese, pH, silver, sulfate, total dissolved solids and zinc for which MCLs have been established by the EPA under the National Secondary Drinking Water Regulations in 40 CFR 143.3 (relating to secondary MCLs).
(X) Alkalinity.
(XI) Hardness.
(XII) Temperature.
(XIII) Other contaminants that the Department determines necessary to evaluate the potability of the source.
(C) An evaluation of the quantity of the raw water from each new source. Flow data shall be submitted for springs, infiltration galleries or surface water sources. Aquifer test data, including drawdown and recovery data and the derivation of hydraulic conductivity, transmissivity and storage coefficient of the aquifer, shall be submitted for wells. At the discretion of the Department, these requirements may be altered for wells or wellfields pumping less than 100,000 gallons per day. The Department may require that other information be submitted to evaluate the safe yield of the source. The safe yield is the amount of water that can be withdrawn from an aquifer without causing an undesired result, such as adverse dewatering of an aquifer, induced potential health threats or impacts upon stream uses.
(D) A Department approved delineation of the Zone I wellhead protection area for community water system wells, springs or infiltration galleries.
(iv) Chapter 102 requirements. An erosion and sedimentation control plan which meets the requirements contained in Chapter 102 (relating to erosion and sediment control) when earth-moving activities are involved.
(2) Special requirements for public water suppliers proposing to use POE devices. Permit applications which propose the use of POE devices shall, in addition to the information required in paragraph (1), include the following:
(i) Documentation that each POE device to be used meets the certification requirements of § 109.612 (relating to POE devices).
(ii) Manufacturer's design and engineering information, including blueprints or similar drawings, which provide detailed information about the construction and operation of the treatment device and its components.
(iii) A detailed monitoring plan, subject to the Department's approval, which includes a list of the contaminants to be monitored and the frequency of monitoring.
(iv) An operation and maintenance plan, as outlined in § 109.702 (relating to operation and maintenance plan), which includes a schedule of routine maintenance to be performed and the parameters to be monitored to determine the performance and condition of the devices.
(v) A drawing of the water supply distribution system showing each house, building or facility where POE devices are to be installed.
(vi) Proof of the right-of-access for every house, building or facility to be served by a POE device.
(3) Business plan requirements for new community water systems. Permit applications submitted to the Department on or after October 1, 1996, for new community water systems shall, in addition to the information required in paragraph (1), include a business plan. A new community water system is a proposed community water system or an existing system not otherwise subject to the act which becomes a community water system subject to the act as a result of an increase in the number of year-round residents or residences served. The business plan shall be submitted on forms approved by the Department. To be considered complete, the business plan shall conform to the guidelines contained in the Department's Public Water Supply Manual and shall consist of the following three parts:
(i) Facilities plan. The facilities plan shall identify the scope of the water service to be provided. In addition to the requirements of subsection (a)(1)(ii), the facilities plan shall include the following:
(A) An assessment of current and reasonably foreseeable compliance requirements that are applicable under the act based on monitoring data from the proposed sources of supply.
(B) A description of the alternatives considered and the rationale for the approach selected to providing water service. This description shall include the technical, managerial, financial, operational and local decision making rationale for the selected approach. Unless the new system is a consecutive water system, the plan shall include the rationale for creating a separate system.
(C) An engineering description of the facilities to be constructed, including the construction phases and future plans for expansion. This description shall include an estimate of the full cost of any required construction, operation and maintenance.
(ii) Management plan. The management plan shall specify the commitments that are needed to provide for effective management and operation of the system and shall include the following:
(A) Documentation that the applicant has the legal right and authority to take the measures necessary for the construction, operation and maintenance of the system. The evidence shall include, but is not limited to, indices of ownership where the applicant is the owner of the system or, where the applicant is not the owner, legally enforceable management contracts or agreements.
(B) An operating plan to define the tasks to be performed in managing and operating the system. The operating plan shall consist of the following:
(I) Part 1. A management and administrative plan.
(II) Part 2. An operation and maintenance plan which conforms with § 109.702.
(C) Assurances that the commitments needed for proper operation and management of the system will be carried out. These assurances can be given in the form of documentation of the credentials of management and operations personnel, cooperative agreements or service contracts.
(iii) Financial plan. The financial plan shall describe the system's revenues and cash flow for meeting the costs of construction and the costs of operation and maintenance for at least 5 full years from the date the applicant anticipates initiating system operation. At a minimum, the financial plan shall include pro forma statements for each of the 5 years including the following:
(A) Balance sheet.
(B) Income statement.
(C) Statement of cash flow.
(b) Amendments. A water supplier operating under a public water system permit shall obtain an amended construction permit before making a substantial modification to the public water system.
(1) A water supplier shall submit an application for an amended construction permit under the application requirements in subsection (a), if the proposed modification constitutes a major change to the public water system. Typical modifications which may be considered major changes are proposed new sources, additions or deletions of treatment techniques or processes, pumping stations and storage reservoirs.
(2) A water supplier shall submit a written request to the Department if the proposed modification constitutes a relatively minor change to the public water system. 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. Typical modifications which may be considered minor changes are changes in treatment chemicals; replacement of tank or reservoir linings or similar materials in contact with the water supply; interconnections; covering of reservoirs; construction of covered storage tanks and standpipes designed to standard specifications; transmission mains; and changes in legal status, such as transfers of ownership, incorporation or mergers.
(3) The Department determines whether a particular modification is a substantial modification and requires the construction permit to be amended under paragraph (1) or (2). A substantial modification is a modification which may affect the quality or quantity of water served to the public or may be prejudicial to the public health or safety. The Department's determination of whether the substantial modification is a major or minor change will include consideration of the expected amount of staff time required to review and process the proposal, the magnitude and complexity of the proposed change and the compliance history of the public water system.
(c) Permit fees.
(1) An application for a permit or a major permit amendment under subsection (a)(1), except for an application for construction or modification of corrosion control treatment facilities under § 109.1105 (relating to permit requirements), shall be accompanied by a check in the amount of $750, payable to the ''Commonwealth of Pennsylvania,'' except a fee is not required for an application submitted by a State regulatory agency, or an application submitted for a public water system serving 100 or fewer individuals. The fees for permitting and related services under § 109.1105 for corrosion control treatment facilities are established under § 109.1108 (relating to fees).
(2) A fee is not required for an application for an emergency permit under § 109.506 (relating to emergency permits) or an amendment under subsection (b)(2).
(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.
(d) Department's review.
(1) The Department will publish a notice in the Pennsylvania Bulletin of the applications submitted under subsection (a) or (b)(1) or § 109.507 (relating to permits for innovative technology), providing at least 30 days for public comment from the date of publication.
(2) The Department will not accept an application for review until the application is determined to be complete. A complete application is one which includes all the information specified in this chapter and other relevant information the Department determines is necessary to enable the Department to undertake a technical review of the application.
(3) If the Department determines the permit application is incomplete, it will request the additional information in writing from the applicant within 90-calendar days of receipt of the application.
(4) The Department will grant or deny a permit within 120 calendar days of receipt of the application, or when an incomplete application was submitted, within 120-calendar days of receipt of the applicant's written response to the Department's request for additional information.
(5) Applications will be reviewed in accordance with accepted engineering and hydrogeological practices. The approval of plans, specifications, hydrogeological reports and engineer's reports is limited to the sanitary features of design and other features of public health significance.
(6) In reviewing a permit application under this chapter, the Department may consider the following:
(i) Adherence to standards in Subchapter F (relating to design and construction standards).
(ii) Compliance by the proposed project with applicable statutes administered by the Commonwealth, river basin commissions created by interstate compact or Federal environmental statutes or regulations.
(iii) Consistency with the environmental rights and values secured by PA. CONST. art. I, § 27 and with the Commonwealth's duties as trustee to conserve and maintain this Commonwealth's public natural resources.
(iv) Present conditions and the effects of reasonably foreseeable future development within the area of the project, including wellhead protection areas.
(e) Issuance and conditions.
(1) Issuance of a construction permit authorizes only the construction or modifications included in the permit. The permit's continuing validity is conditioned upon satisfaction of the provisions of the permit.
(2) The plans, specifications, reports and supporting documents submitted as part of the permit application become part of the permit.
(3) A permit authorizing construction or modification of water facilities shall expire within 2 years from the date of issuance unless substantial work is initiated. A permit may be renewed by the Department if the water supplier makes a written request for renewal prior to the expiration date.
§ 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).
(1) A noncommunity water system which holds a valid permit or license issued after December 8, 1984, under one or more of the following acts satisfies the permit requirement under the act. The licensing authority will review the drinking water facilities under this chapter when issuing permits under the following acts:
(i) The act of May 23, 1945 (P. L. 926, No. 369) (35 P. S. §§ 655.1--655.13).
(ii) The Seasonal Farm Labor Act (43 P. S. §§ 1301.101--1301.606).
(iii) The Public Bathing Law (35 P. S. §§ 672--680d).
(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).
(ii) The water supplier files a brief description of the system, including raw source quality data, on forms acceptable to the Department. Amendments to the system description shall be filed when a substantial modification is made to the system. Descriptions of new systems or modifications may be filed prior to construction if the water supplier desires technical assistance, but shall be filed within 30 days of initiation of operation of the system or modification.
(3) A noncommunity water system which satisfies the requirements of paragraphs (1) and (2) shall provide the Department with the following information describing new sources, including an evaluation of the quality of the raw water from each new source. Water quality analyses shall be conducted by a laboratory certified under this chapter. This paragraph does not apply when the new source is finished water obtained from an existing permitted community water system or an existing permitted or approved noncommunity water system unless the Department provides written notice that one or more of the provisions of this paragraph apply.
(i) For transient noncommunity water systems, the evaluation shall include analysis of the following:
(A) Nitrate (as nitrogen) and nitrite (as nitrogen).
(B) Total coliform concentration and, if total coliform-positive, analyze for fecal coliform concentration.
(C) Any other contaminant which the Department determines is necessary to evaluate the potability of the source or which the Department has reason to believe is present in the source water and presents a health risk to the users of the system.
(ii) For nontransient noncommunity water systems, the evaluation shall include the information required under § 109.503(a)(1)(iii)(B).
§ 109.506. Emergency permits.
(a) In emergency circumstances, the Department may issue permits for construction, operation or modifications to a public water system as the Department determines may be necessary to assure that potable drinking water is available to the public. Emergency permits shall be limited in duration and at the Department's discretion be conditioned on additional monitoring, reporting and implementation of appropriate emergency response measures. The Department may revoke an emergency permit if it finds the public water system is not complying with drinking water standards or the terms or conditions of the permit. Authorization for construction, operation or modifications obtained under an emergency permit will not extend beyond the expiration of the permit.
(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).
(c) Water suppliers having to comply with § 109.603(b) (relating to source quality and quantity) because of chronic water quantity problems shall apply for an amendment to their construction permit in accordance with § 109.503(b) (relating to public water system construction permits) to incorporate additional sources.
§ 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.
(1) 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.
(2) The Department may approve a design which may cause an exceedance of a secondary MCL if the exceedance directly results from a treatment method used to achieve compliance with a primary MCL, the level of the secondary contaminant in the finished water does not represent an unreasonable risk to health nor otherwise adversely affect the normal uses of the finished water.
(b) Designs of public water facilities shall conform to accepted standards of engineering and design in the water supply industry and shall provide protection from failures of source, treatment, equipment, structures or power supply.
(c) The Department's Public Water Supply Manual sets forth design standards which the Department finds to be acceptable designs. Other designs may be approved by the Department if the applicant demonstrates the alternate design is capable of providing an adequate and reliable quantity and quality of water to the public.
(d) Filtration facilities permitted after May 16, 1992, unless otherwise authorized under § 109.507 (relating to permits for innovative technology), shall be designed to include individual sampling ports or turbidimeters on the raw source water line, on the influent line to the filters and on the effluent lines for each filter bed.
(e) Point-of-use devices which are treatment devices applied to a single tap are not an acceptable treatment method for complying with an MCL or treatment technique requirement.
§ 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 and GUDI sources, the minimum treatment design standard for filtration technologies is a 99% removal of Giardia cysts, a 99% removal of Crytosporidium oocycsts and a 99% removal of viruses. The determination of the appropriate filtration technology to be used shall be based on the following:
(i) Conventional filtration designed and operated in accordance with standards established in the Department's Public Water Supply Manual can be expected to achieve the minimum treatment design standard and shall be considered the best treatment for most surface water sources in this Commonwealth because of the multiple barriers of protection that it provides.
(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.
(iii) Other filtration technologies may be permitted after onsite studies, including pilot plant studies where appropriate, using seeded indicator organisms in the raw water or other equivalent means as approved by the Department, that demonstrate that the technology can consistently achieve the minimum treatment design standard.
(2) For surface water and GUDI sources, the minimum treatment design standard for disinfection technologies utilized prior to the first user of the system is a total of 99.9% inactivation of Giardia cysts and a 99.99% inactivation of viruses. Total treatment system disinfection capability will be credited toward this design standard. The CT factors and measurement methods established by the EPA are the criteria to be used in determining compliance with this minimum treatment design standard.
§ 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.
(a) POE devices may be approved by the Department for use only by a public water supplier serving 100 or fewer individuals for the treatment of sources permitted prior to May 16, 1992.
(b) POE devices used by a public water supplier shall be tested and certified by the NSF or other certification organization acceptable to the Department against ANSI/NSF standards established for drinking water treatment devices. To be acceptable to the Department a certification organization other than NSF shall have a program at least as stringent as the NSF program and meet the requirements under § 109.606(d) (relating to chemicals, materials and equipment) as applicable to ANSI/NSF standards for drinking water treatment 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.
(d) The design, installation and operation of a POE device shall be of a type that the microbiological safety of the water is maintained.
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:
(1) General reporting requirements. Unless a shorter period is specified in this section, the water supplier shall assure that the results of test measurements or analyses required by this chapter are reported to the Department within either the first 10 days following the month in which the result is received or the first 10 days following the end of the required monitoring period as stipulated by the Department, whichever is shorter. The test results shall include the following at a minimum:
(i) The name, address and public water system identification number (PWSID) of the public water system from which the sample was taken.
(ii) The name, address and identification number of the laboratory performing the analysis unless the analysis is not required to be performed by a certified laboratory.
(iii) The results of analytical methods, including negative results.
(iv) Contaminants.
(v) Analytical methods used.
(vi) The date of sample.
(vii) The date of analysis.
(viii) Sample location.
(2) Monthly reporting requirements for performance monitoring.
(i) The test results of performance monitoring required under § 109.301(1) (relating to general monitoring requirements) for public water suppliers providing filtration and disinfection of surface water or GUDI sources shall include the following at a minimum:
(A) For turbidity performance monitoring:
(I) The number of days of filtration operation.
(II) The number of filtered water turbidity measurements taken each month.
(III) The number of filtered water turbidity measurements that are less than or equal to .5 NTU for conventional, direct or other filtration technologies, or 1.0 NTU for slow sand or diatomaceous earth filtration technologies.
(IV) The date, time and values of any filtered water turbidity measurements exceeding 2.0 NTU.
(V) In lieu of clause (A)(III) and (IV), beginning January 1, 2002, for public water systems that serve 10,000 or more people and use conventional or direct filtration:
(-a-) The number of filtered water turbidity measurements that are less than or equal to 0.3 NTU.
(-b-) The date, time and values of any filtered water turbidity measurements that exceed 1 NTU for systems using conventional or direct filtration or that exceed the maximum level set under § 109.202(c)(1)(i)(A)(III) (relating to State MCLs, MRDLs and treatment technique requirements).
(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.
(II) The date, duration and number of periods each day when the concentration is less than .2 mg/L for more than 4 hours.
(III) The date, time and highest value each day the concentration is greater than the residual disinfectant concentration required under § 109.202(c)(1)(ii).
(IV) If the concentration does not rise above that required under § 109.202(c)(l)(ii), the date, time and highest value measured that month.
(C) For performance monitoring of the residual disinfectant concentration at representative points in the distribution system report the following:
(I) The number of monthly routine samples required.
(II) The number of monthly routine samples collected and analyzed.
(III) The number of samples in which the residual disinfectant concentration was less than 0.02 mg/L.
(IV) For samples in which the residual disinfectant concentration was less than 0.02 mg/L: the date, time and value of each sample.
(ii) The test results of performance monitoring required under § 109.301(2) for public water suppliers using unfiltered surface water or GUDI sources shall include the following, at a minimum:
(A) For turbidity performance monitoring:
(I) The date, time and value of each sample that exceeds 1.0 NTU.
(II) The date, time and highest turbidity value, if the turbidity does not exceed 1.0 NTU in a sample.
(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).
(II) If the concentration does not fall below that required under § 109.202(c)(1)(iii) during the month, report the date, time and lowest value measured that month.
(C) For performance monitoring of the residual disinfectant concentration at representative points in the distribution system, report the following:
(I) The number of monthly routine samples required.
(II) The number of monthly routine samples collected and analyzed.
(III) The number of samples in which the residual disinfectant concentration was less than 0.02 mg/L.
(IV) For samples in which the residual disinfectant concentration was less than 0.02 mg/L: the date, time and value of each sample.
(D) For performance monitoring of the fecal coliform or total coliform density determinations on samples of the source water immediately prior to disinfection: the date, time and value of each sample.
(iii) The test results from performance monitoring required under § 109.301(7)(v) of the residual disinfectant concentration of the water in the distribution system shall include the date, time and value of each sample.
(iv) The test results of heterotrophic plate count measurements taken under § 109.710(b) (relating to disinfectant residual in the distribution system) shall include the date, time and value of each sample.
(3) Compliance report. The water supplier shall report to the Department within 48 hours failure to comply with Subchapter C (relating to monitoring requirements), except that emergency notification shall be made under § 109.402 (relating to emergency public notification).
(4) Notice. The water supplier shall, within 10 days of completion of each public notification required under Subchapter D (relating to public notification), submit to the Department a representative copy of each type of notice and a description of the publication, distribution, posting or other means undertaken to make the notice available.
(5) Siting plan. The water supplier shall submit to the Department a written sample siting plan for routine coliform sampling as required by § 109.303(a)(2) (relating to sampling requirements) within 30 days of receipt of the Department's request for this information.
(i) A sample siting plan shall include at a minimum the following:
(A) A list of available sample site locations in the distribution system to be used for routine monitoring purposes, including the first service connection (or Department approved equivalent) and dead ends.
(B) The name of the company or individual collecting the samples.
(C) A time period by which available sites representative of the distribution system are to be sampled during each monitoring period.
(ii) The Department's approval of a sample siting plan will be based upon the following:
(A) The population served by the system.
(B) The accessibility of sample sites.
(C) The past monitoring history for the system.
(D) The completeness of the sample siting plan which includes the information specified in subparagraph (i) and other information relating to the criteria in this subparagraph necessary for evaluation of the sample siting plan.
(iii) A water supplier shall revise and resubmit its sample siting plan within 30 days of notification by the Department of a sample siting plan which fails to meet the criteria in subparagraphs (i) and (ii).
(iv) The water supplier shall notify the Department of subsequent revisions to an approved coliform sample siting plan for approval as they occur. Revisions to an approved coliform sample siting plan shall be submitted in written form to the Department within 30 days of notifying the Department of the revisions.
(6) Records. Upon request by the Department, the water supplier shall submit copies of records required to be maintained under this subchapter.
(7) Form. Reports required by this chapter shall be submitted in a manner or form acceptable to the Department.
(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):
(A) The dates, results and locations of the samples that were taken during the previous month.
(B) Whether the MRDL was exceeded.
(C) Whether the MRDL was exceeded in any 2-consecutive daily samples and whether the resulting violation was acute or nonacute.
(ii) For systems monitoring for either chlorine or chloramines under § 109.301(13):
(A) The number of samples taken during each month of the previous quarter.
(B) The monthly arithmetic average of all samples taken in each month for the last 12 months.
(C) The arithmetic average of all monthly averages for the last 12 months.
(D) Whether the MRDL was exceeded.
(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 average 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 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).
(b) Reporting requirements for community water systems. In addition to the reporting requirements for a public water system, a community water supplier shall comply with the following requirements:
(1) The water supplier shall prepare a monthly operational report on forms provided by the Department or in a form acceptable to the Department. The report shall be maintained on file by the operator for at least 2 years and submitted upon request of the Department. The report shall include at least the following:
(i) The water produced daily.
(ii) The chemical added daily.
(iii) The physical and chemical determinations taken daily.
(iv) Water-level monitoring data for supply and any associated monitoring wells.
(v) The maintenance performed.
(vi) Operational problems.
(2) The water supplier shall submit by March 31 an annual water supply report for the prior calendar year on forms provided by the Department or in a form acceptable to the Department. This report shall include information relating to water use, connections, distribution system and storage.
(3) The water supplier shall keep a record of complaints received from consumers related to this act or this chapter on forms provided by the Department or in a form acceptable to the Department. Water suppliers complying with the Pennsylvania Public Utility Commission (PUC) complaint recordkeeping requirements under 52 Pa. Code § 65.3 (relating to complaints) shall be in compliance with this subsection if the complaints related to the act or this chapter are cross referenced within the PUC required records in a manner to make them readily available. The records shall be maintained on file by the operator for at least 3 years and submitted upon request of the Department.
(c) Reporting requirements for nontransient noncommunity water systems. In addition to complying with the reporting requirements for public water systems under subsection (a), a nontransient noncommunity water system shall comply with subsection (b)(1) except that records of water produced daily are not required.
(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:
(1) Records of bacteriological analyses which shall be kept for at least 5 years, and records of chemical analyses which shall be kept for at least 12 years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, if the following information is included:
(i) The date, place and time of sampling, and the name of the person who collected the sample.
(ii) Identification of the sample as to whether it was a routine distribution system sample, check sample, raw or finished water sample or other special purpose sample.
(iii) The date of analysis.
(iv) The laboratory, certification number and person responsible for performing the analysis.
(v) The analytical technique and methods used.
(vi) The results of the analysis.
(2) Records of performance monitoring required under § 109.301 which shall be kept for at least 3 years. At a minimum, these records shall contain the reporting requirements under subsection (a).
(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.
(4) Copies of written reports or communications relating to sanitary surveys conducted by a water supplier or his agent, which shall be kept for at least 12 years.
(5) Records concerning a variance or exemption granted to the system which shall be kept at least 5 years following the expiration of the variance or exemption.
(6) Plans, specifications and permits for water system facilities which shall be kept for the life of the facility.
(7) Records concerning the use of acrylamide and epichlorohydrin shall be kept for at least 12 years. These records shall include verification that the chemicals used were certified for conformance with ANSI/NSF Standard 60 in accordance with § 109.606 (relating to chemicals, materials and equipment) and that the combination--or product--of dose and monomer level did not exceed the following:
(i) Acrylamide = 0.05% dosed at 1 ppm (or equivalent).
(ii) Epichlorohydrin = 0.01% dosed at 20 ppm (or equivalent).
(e) Reporting requirements for public water systems required to perform individual filter monitoring under § 109.301(1)(iv).
(1) Public water systems required to perform individual filter monitoring shall report that they have conducted individual filter monitoring within 10 days following the end of each month that the system serves water to the public.
(2) Public water systems required to perform individual monitoring shall report individual filter turbidity results if individual filter turbidity measurements demonstrate that one or more of the following conditions exist:
(i) An individual filter has a measured turbidity level greater than 1.0 NTU in two consecutive measurements taken 15 minutes apart.
(ii) An individual filter has a measured turbidity level of greater than 0.5 NTU in two consecutive measurements taken 15 minutes apart at the end of the first 4 hours of continuous filter operation after the filter has been backwashed or otherwise taken offline.
(iii) An individual filter has a measured turbidity level greater than 1.0 NTU in two consecutive measurements taken 15 minutes apart at any time in each of 3-consecutive months.
(iv) An individual filter has a measured turbidity level greater than 2.0 NTU in two consecutive measurements taken 15 minutes apart at any time in each of 2-consecutive months.
(3) Individual filter turbidity monitoring reported as required under paragraph (2) shall include the following at a minimum:
(i) Filter number.
(ii) Turbidity measurements.
(iii) The dates on which the exceedance occurred.
(iv) If an individual filter demonstrates a condition under paragraph (2)(i) or (ii), the date on which a filter profile was produced or the date on which the reason for a turbidity exceedance was determined.
(v) If an individual filter demonstrates a condition under paragraph (2)(iii), the date on which a filter self-assessment was conducted.
(vi) If an individual filter demonstrates a condition under paragraph (2)(iv), the date on which a comprehensive performance evaluation was conducted.
(f) Alternative individual filter turbidity exceedance levels. Public water systems using lime softening may apply to the department for alternative individual filter turbidity exceedance levels if they demonstrate that the higher individual filter turbidity levels are due to lime carryover and not to degraded filter performance.
(g) 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 30 days prior to 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 a monitoring plan as they occur. Revisions to amonitoring plan shall be submitted in written form to the Department within 30 days of notifying the Department of the revisions.
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