[47 Pa.B. 4986]
[Saturday, August 26, 2017]
[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 Standards and Facility Regulation] Safe Drinking Water, Post Office Box [8774] 8467, Harrisburg, Pennsylvania 17105 which contains acceptable design standards and technical guidance. Water quality analyses shall be conducted by a laboratory accredited under this chapter.
(1) General requirements. An application must include:
* * * * * (iii) Information describing new sources. Information describing new sources must include the items specified in clauses (A)—(F). The information specified in clauses (C) and (D) may not be more than 2 years old from the date the permit application is submitted unless the Department approves the use of data more than 2 years old. 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 must 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 clause 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 must include analysis of the following:
(I) 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(5)(i) (relating to general monitoring requirements) are detected. Samples for VOCs shall be collected in accordance with § 109.303(d) (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 the presence of E. coli.
(VI) SOCs.
(-a-) Except for SOCs that have been granted a Statewide waiver, SOCs for which MCLs have been established by the EPA under the National Primary Drinking Water Regulations in 40 CFR 141.61(c).
(-b-) Dioxin where there is a source of dioxin contamination within 1,000 feet of a groundwater source or within 1 mile upstream of a surface water source.
(-c-) Polychlorinated biphenyls (PCBs) where there is a source of PCB contamination within 1,000 feet of a groundwater source or within 1 mile upstream of a surface water source.
(VII) Gross Alpha (χ), radium-226, radium-228, uranium and Gross Beta (ß)/p>
(VIII) 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).
(IX) Alkalinity.
(X) Hardness.
(XI) Temperature.
(XII) For surface water or GUDI sources, E. coli or Cryptosporidium, or both, as specified in § 109.1202 (relating to monitoring requirements).
(XIII) Other contaminants that the Department determines necessary to evaluate the potability of the source.]
(A) A source water assessment of each new raw water source.
(B) A pre-drilling plan for a new groundwater source prepared and signed by a professional geologist licensed to practice in this Commonwealth. The pre-drilling plan shall be submitted and approved by the Department prior to well construction and conducting an aquifer test. At a minimum, the pre-drilling plan must include preliminary results of the source water assessment, a hydrogeologic description, an aquifer test monitoring plan and the proposed well construction design.
(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] additional information to evaluate the safe or sustainable yield of the source. The safe or sustainable 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.] An evaluation of the quality of the raw water from each new source. For groundwater sources, the evaluation shall be conducted at the conclusion of the constant rate aquifer test. This clause 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 must include analysis of all of the following:
(I) VOCs for which MCLs have been established by the EPA 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 in § 109.301(5)(i) (relating to general monitoring requirements) are detected. Samples for VOCs shall be collected in accordance with § 109.303(d) (relating to sampling requirements).
(II) IOCs, including asbestos, for which MCLs have been established by the EPA in 40 CFR 141.62 (relating to maximum contaminant levels for inorganic contaminants).
(III) Lead.
(IV) Copper.
(V) Total coliform and E. coli concentration.
(VI) SOCs, including dioxin and PCBs, for which MCLs have been established by the EPA in 40 CFR 141.61(c).
(VII) Gross Alpha (|g#), radium-226, radium-228, uranium and Gross Beta (\S).
(VIII) Aluminum, chloride, color, foaming agents, iron, manganese, pH, silver, sulfate, total dissolved solids and zinc for which MCLs have been established by the EPA in 40 CFR 143.3 (relating to secondary maximum containment levels).
(IX) Alkalinity.
(X) Hardness.
(XI) Temperature.
(XII) For surface water or GUDI sources, E. coli or Cryptosporidium, or both, as specified in § 109.1202 (relating to monitoring requirements).
(XIII) Turbidity.
(XIV) For groundwater sources, the monitoring specified in § 109.302(f) (relating to special monitoring requirements) if the Department determines that the source is susceptible to surface water influence.
(XV) Other contaminants that the Department determines necessary to evaluate the potability of the source.
(E) A hydrogeologic report for a new groundwater source. For wells, springs or infiltration galleries, this information must include a description of 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 and a Department approved delineation of the Zone 1 and Zone II wellhead protection areas. All information included in the source water assessment, in addition to the results of the water quantity and quality evaluations as specified in clauses (C) and (D), must be included in a hydrogeological report prepared and signed by a professional geologist licensed to practice in this Commonwealth.
(F) A description of the watershed topography and land uses within the watershed for a new surface water source.
(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.
* * * * * (c) Permit fees. An application for a permit from the Department under this subchapter must be accompanied by a fee in the amount specified in Subchapter N (relating to drinking water 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).]
(d) Department's review.
* * * * * § 109.505. Requirements for noncommunity water systems.
(a) A noncommunity water system shall obtain a construction permit under § 109.503 (relating to public water system construction permits) and an operation permit under § 109.504 (relating to public water system operation permits), unless the noncommunity water system satisfies paragraph (1) or (2). The Department retains the right to require a noncommunity water system that meets the requirements of paragraph (1) or (2) to obtain a construction and an operation permit, if, in the judgment of the Department, the noncommunity water system cannot be adequately regulated through standardized specifications and conditions. A noncommunity water system which is released from the obligation to obtain a construction and an operation permit shall comply with the other requirements of this chapter, including design, construction and operation requirements described in Subchapters F and G (relating to design and construction standards; and system management responsibilities).
* * * * * (2) A noncommunity water system not covered under paragraph (1) is not required to obtain a construction and an operation permit if it satisfies the following specifications and conditions:
(i) The sources of supply for the system are groundwater sources requiring treatment no greater than [disinfection to] hypochlorite or ultraviolet light disinfection to reduce total coliform bacteria concentrations to undetectable levels in the finished water, and otherwise 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 shall be submitted and approved by the Department prior to construction.] The water supplier submits a noncommunity water system application, including raw source water quality data, on forms acceptable to the Department, and receives Department approval of the facilities prior to construction or operation. The water supplier shall also submit a noncommunity water system application to the Department for proposed modifications to the system or a change of ownership, and receive Department approval prior to construction or operation.
(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.
* * * * * (ii) For nontransient noncommunity water systems, the evaluation must include the information required under [§ 109.503(a)(1)(iii)(B)] § 109.503(a)(1)(iii)(D).
* * * * * (Editor's Note: The following section is proposed to be added and printed in regular type to enhance readability.)
§ 109.511. General permits.
(a) The Department may issue a general permit, instead of issuing a construction and operation permit under this subchapter, for a specific category of modifications if all of the following conditions are met:
(1) The modifications in the category are the same or substantially similar in nature.
(2) The modifications in the category are not prejudicial to the public health and can be adequately regulated utilizing standardized specifications and conditions.
(3) The modifications in the category will comply with the design and construction standards under Subchapter F (relating to design and construction standards).
(b) The Department may suspend, revoke, modify, reissue or terminate coverage under a general permit issued under this chapter for noncompliance with a condition of the permit, or upon a finding of a condition prejudicial to the public health.
(c) Issuance of a general permit does not exempt a person from compliance with this chapter.
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 must 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 Subchapters B, K, L and M [(relating to MCLs, MRDLs or treatment technique requirements; long-term 2 enhanced surface water treatment rule; and additional requirements for groundwater sources)] except as further provided in this section.
* * * * * (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, MRDL or treatment technique requirement.
(f) A public water system that provides filtration of surface water or GUDI sources must be equipped with alarm capabilities that meet the requirements of subsection (i) by ______ (Editor's Note: The blank refers to 12 months after the effective date of adoption of this proposed rulemaking.).
(g) A public water system that provides filtration of surface water or GUDI sources and that is not staffed continuously while the plant is operating must be equipped with alarm and shutdown capabilities that meet the requirements of subsection (i) by ______ (Editor's Note: The blank refers to 12 months after the effective date of adoption of this proposed rulemaking.).
(h) In addition to public water systems covered under subsection (f) or (g), the Department may require a public water system to meet the requirements of subsection (i), according to a schedule set forth in a permit or order issued by the Department.
(i) Alarm and shutdown capabilities must conform to all of the following:
(1) Be set forth in the water system's operation and maintenance plan and set at a level no less stringent than the level needed for the facility to continuously maintain compliance with applicable MCLs, MRDLs and treatment technique requirements.
(2) Be established for the following parameters, at a minimum:
(i) Individual filter effluent turbidity and combined filter effluent turbidity for filter plants treating surface water or GUDI sources.
(ii) Entry point disinfectant residual.
(iii) Clearwell water levels.
(iv) Any other operational parameter determined by the Department as necessary for the system to maintain compliance.
(3) Be capable of notifying the available operator on duty of events triggering an alarm or plant shutdown.
§ 109.606. Chemicals, materials and equipment.
(a) Chemicals [or], materials or equipment which may come in contact with the water or affect the quality of the water may not be used unless the chemicals [or], materials or equipment are acceptable to the Department.
(b) Chemicals used by a public water supplier which may come in contact with or affect the quality of the water and which are certified for conformance with ANSI/NSF Standard 60 (Drinking Water Treatment Chemicals—Health Effects—National Sanitation Foundation) or meet the food grade standards of the United States Pharmacopeia are deemed acceptable to the Department.
(c) Materials or equipment used in the construction or modification of a public water system, including waterline extensions, mechanical devices and drinking water treatment equipment, which may come into contact with or affect the quality of the water and which are certified for conformance with ANSI/NSF Standard 61 (Drinking Water System Components—Health Effects—National Sanitation Foundation) are deemed acceptable to the Department.
(d) Drinking water treatment equipment used in the construction or modification of a public water system that may come into contact with or affects the quality of the water and that is certified for inactivation, reduction or removal performance in conformance with PDWEP is deemed acceptable to the Department.
[(d)] (e) Acceptable certification under subsection (b) [or (c)], (c) or (d) related to ANSI/NSF Standards 60 and 61 or PDWEP includes that performed by NSF International or other certification organization acceptable to the Department. To be acceptable to the Department, a certification organization shall be accredited by ANSI as a third party certification organization and meet the following requirements. The organization shall:
(1) Demonstrate it is independent of manufacturers using the certification organization's services.
(2) Require that a registered mark or seal be placed upon each product certified under ANSI/NSF Standard 60 or 61 or PDWEP, as applicable.
(3) Maintain an ongoing quality assurance and quality control program that includes, at a minimum, the following:
(i) Periodic announced and unannounced factory follow-ups and audits at sufficient frequency and in sufficient detail to assure the product evaluated is the same as the product being manufactured.
(ii) Maintenance of or accessibility to a laboratory certified by the Department meeting the minimum laboratory certification criteria for drinking water analysis.
(iii) Maintenance of staff toxicologists or accessibility to toxicologists to perform the toxicological review and evaluation portions of the product assessments.
(iv) Maintenance of procedures for notification and recall of the use of the registered mark or seal for previously certified products which do not meet the certification requirements of ANSI/NSF Standards 60 and 61 or PDWEP.
(v) For equipment that is claimed to remove or reduce a specific contaminant, the name of the organization that meets the accreditation standards of the American National Standards Institute and that has certified the device to verify its inactivation, reduction or removal performance for that contaminant, the name of the testing protocol or standard used to test the device, a statement from the testing laboratory giving the date of the test, a summary of the results and the date, if any, by which the device shall be retested for verification of the removal or reduction performance to remain effective.
(4) Require appropriate product reevaluation depending upon the results of the factory follow-ups and audits and changes in the standards themselves.
(5) Perform certification evaluations for any manufacturer or applicant.
(6) Evaluate and certify an appropriately broad range of products—additives, direct additives or indirect additives.
(7) Maintain and publish a listing of certified products and distribute the listing to State regulatory agencies and others, as appropriate, at least annually.
[(e)] (f) Facilities or equipment, including, but not limited to, pipes, pumping facilities and storage tanks, previously or currently used for the treatment, storage or transportation of wastewater, petroleum products or other nonfood products, except for facilities or equipment used to store or transport chemicals used in treating drinking water, may not be used for the treatment, transportation or storage of drinking water.
§ 109.612. POE devices.
* * * * * (b) POE devices and components 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)] § 109.606(e) (relating to chemicals, materials and equipment) as applicable to ANSI/NSF standards for drinking water treatment devices.
* * * * *
Subchapter G. SYSTEM MANAGEMENT RESPONSIBILITIES § 109.701. Reporting and recordkeeping.
(a) Reporting requirements for public water systems. Public water systems shall comply with the following requirements:
* * * * * (2) Monthly reporting requirements for performance monitoring.
(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 must include the following at a minimum:
(A) For the combined filter effluent turbidity performance monitoring:
* * * * * (VII) Instead of subclauses (III) and (IV), beginning January 1, 2002, for public water systems that serve 10,000 or more people and use other filtration technologies:
(-a-) The number of filtered water turbidity measurements that are less than or equal to 0.3 NTU or a more stringent turbidity performance level requirement that is based upon onsite studies and is specified by the Department.
(-b-) The date, time and values of any filtered water turbidity measurements exceeding 1 NTU or a more stringent turbidity performance level requirement that is based upon onsite studies and is specified by the Department.
(VIII) Instead of subclauses (III)—(VII), beginning ______ (Editor's Note: The blank refers to 1 year after the effective date of adoption of this proposed rulemaking.), the number of filtered water turbidity measurements that are less than or equal to all of the following:
(-a-) 0.30 NTU for conventional or direct filtration technologies.
(-b-) 1.0 NTU for slow sand or diatomaceous earth filtration technologies.
(-c-) 0.15 NTU for membrane filtration technologies.
(-d-) 0.30 NTU for other filtration technologies unless a more stringent turbidity performance level requirement is specified by the Department.
(IX) Instead of subclauses (III)—(VII), beginning ______ (Editor's Note: The blank refers to 1 year after the effective date of adoption of this proposed rulemaking.), the date, time and values of any filtered water turbidity measurements exceeding all of the following:
(-a-) 1.0 NTU for conventional, direct or membrane filtration technologies.
(-b-) 2.0 NTU for slow sand or diatomaceous earth filtration technologies.
(-c-) 1.0 NTU for other filtration technologies unless a more stringent turbidity performance level requirement is specified by the Department.
(B) For performance monitoring of the residual disinfectant concentration of the water being supplied to the distribution system:
* * * * * (ii) The test results of performance monitoring required under § 109.301(2) for public water suppliers using unfiltered surface water or GUDI sources [shall] must 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.
(III) Instead of subclauses (I) and (II), beginning ______ (Editor's Note: The blank refers to 1 year after the effective date of adoption of this proposed rulemaking.):
(-a-) The number of source water turbidity measurements taken each month.
(-b-) For measurements in which the source water turbidity is greater than 1.0 NTU, the date, time and value for each occurrence that the turbidity exceeds 1.0 NTU and the subsequent date, time and value that the turbidity is less than or equal to 1.0 NTU.
(-c-) The date, time and highest turbidity value for each day the source water turbidity remains less than or equal to 1.0 NTU.
(B) For performance monitoring of the residual disinfectant concentration of the water being supplied to the distribution system:
* * * * * (3) One-hour reporting requirements. A public water supplier shall report the circumstances to the Department within 1 hour of discovery for the following violations or situations:
(i) A primary MCL or an MRDL has been exceeded or a treatment technique requirement has been violated under Subchapter B, K, L or M.
(ii) A sample result requires the collection of check samples under § 109.301.
(iii) Circumstances exist which may adversely affect the quality or quantity of drinking water including, but not limited to:
(A) The occurrence of a waterborne disease outbreak.
(B) A failure [or], significant interruption or breakdown in key water treatment processes.
(C) A [natural] disaster that disrupts the water supply or distribution system.
* * * * * (9) Level 1 and Level 2 assessments. A public water supplier shall:
(i) Submit an assessment form completed in accordance with § 109.705(b) (relating to system evaluations and assessments) to the Department within 30 days after the system learns that it has exceeded a trigger under § 109.202(c)(4).
(ii) Submit a revised assessment form in accordance with § 109.705(b) within 30 days of notification from the Department that revisions are necessary.
(10) Reporting requirements for disinfection byproducts. In addition to the reporting requirements specified in paragraph (1), public water systems monitoring for disinfection byproducts under § 109.301(12) shall report the individual constituents for total trihalomethanes and haloacetic acids.
[(10)] (11) Noncompliance report. Except where a different reporting period is specified in this chapter, the water supplier shall report to the Department within 48 hours the failure to comply with any National Primary Drinking Water Regulation, including the failure to comply with any monitoring requirement set forth in this chapter.
* * * * * (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 under § 109.301(1)(iii) 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.
(v) Instead of subparagraph (i), beginning ______ (Editor's Note: The blank refers to 1 year after the effective date of adoption of this proposed rulemaking.), an individual filter has a measured turbidity level greater than 0.30 NTU for conventional, direct or other filtration technologies, 0.15 NTU for membrane filtration technologies or 1.0 NTU for slow sand or diatomaceous earth filtration technologies in two consecutive measurements taken 15 minutes apart.
(vi) Instead of subparagraph (ii), beginning ______ (Editor's Note: The blank refers to 1 year after the effective date of adoption of this proposed rulemaking.), an individual filter has a measured turbidity level of greater than 0.30 NTU for conventional, direct or other filtration technologies, 0.15 NTU for membrane filtration technologies or 1.0 NTU for slow sand or diatomaceous earth filtration technologies 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.
(vii) Instead of subparagraph (iii), beginning ______ (Editor's Note: The blank refers to 1 year after the effective date of adoption of this proposed rulemaking.), an individual filter has a measured turbidity level greater than 0.30 NTU for conventional, direct or other filtration technologies, 0.15 NTU for membrane filtration technologies or 1.0 NTU for slow sand or diatomaceous earth filtration technologies in two consecutive measurements taken 15 minutes apart at any time in each of 3 consecutive months.
(viii) Instead of subparagraph (iv), beginning ______ (Editor's Note: The blank refers to 1 year after the effective date of adoption of this proposed rulemaking.), an individual filter has a measured turbidity level greater than 1.0 NTU for conventional, direct, membrane or other filtration technologies, or 2.0 NTU for slow sand or diatomaceous earth filtration technologies 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] must include the following at a minimum:
* * * * * § 109.702. Operation and maintenance plan.
(a) A community water supplier shall develop an operation and maintenance plan for the community water system. The operation and maintenance plan must generally conform to the guidelines contained in the Department's Public Water Supply Manual and must contain at least the following information:
* * * * * (13) An interconnect, valve [and blowoff], blowoff, alarm and shutdown, and auxiliary power equipment exercise and testing program.
* * * * * § 109.703. Facilities operation.
(a) Public water system facilities approved by written permit from the Department shall be operated in a manner consistent with the terms and conditions of the permit to achieve the level of treatment for which the facilities were designed.
(b) For surface water or GUDI sources, a public water supplier using filtration shall comply with the following requirements:
(1) [By July 1, 1990, suppliers using conventional or direct filtration shall, after filter backwash, and before putting the backwashed filter back on line, filter-to-waste until the filter bed effluent turbidity is less than 0.5 NTU at the normal production flow rate.] Water suppliers using conventional or direct filtration shall, prior to returning a filter to service, filter-to-waste for one full filter volume and until the filter bed effluent turbidity is less than 0.30 NTU at the normal production flow rate. Water suppliers may implement filter-to-waste for a period of time less than one full filter bed volume if an alternate operating technique is properly utilized to minimize the postbackwash turbidity spike to less than 0.15 NTU. Alternate techniques may include extended terminal subfluidization backwash, permitted addition of coagulant during the backwash or a post-backwash offline filter resting period. Water suppliers implementing alternate techniques shall keep records to document consistent and proper utilization of the technique.
(2) [Beginning May 16, 1992, a] A water supplier using slow sand filtration shall, following sanding, scraping or resanding of slow sand filters, filter-to-waste until one of the following occurs:
(i) The filter bed effluent turbidity is less than 1.0 NTU at the normal production flow rate.
(ii) A reduction in turbidity is achieved when the source water turbidity is less than 1.0 NTU.
(3) [Beginning May 16, 1992, a] A water supplier using diatomaceous earth filtration shall, following backwashing and recoating of diatomaceous earth filters, filter-to-waste until one of the following occurs:
(i) The filter bed effluent turbidity is less than 1.0 NTU at the normal production flow rate.
(ii) A reduction in turbidity is achieved when the source water turbidity is less than 1.0 NTU.
(4) For a conventional or direct filtration facility permitted prior to March 25, 1989, without filter-to-waste capability, the Department, upon the supplier's request, may allow the supplier to utilize other operating techniques which minimize the initial increased turbidity peak when a filter is initially placed back into service after backwashing. The technique, which may include filter settling periods, ramping open the effluent valve or use of a coagulant in the backwash water, shall be justified by a filter performance study approved by the Department.
(5) [Except for public water systems covered under § 109.301(1)(iv) (relating to general monitoring requirements), a system with conventional or direct filtration facilities permitted prior to March 25, 1989, without individual filter bed turbidity monitoring capabilities shall conduct an annual filter bed evaluation program, acceptable to the Department, which includes an evaluation of filter media, valves, surface sweep and sampling of filter turbidities over one entire filter run; and shall submit to the Department, with the Annual Water Supply Report, a study that demonstrates that the water supplier's filter-to-waste or alternate approved operating procedures are meeting the operating conditions under paragraph (1) or (4).] A system with filtration facilities shall implement a filter bed evaluation program, acceptable to the Department, which includes an evaluation of filter media, filter bed expansion, valves, surface sweep and sampling of filter turbidities over one entire filter run. The results of the evaluation shall be maintained on file and submitted to the Department upon request.
(c) A public water supplier required to install alarm or shutdown capabilities, or both, under § 109.602 (relating to acceptable design) shall comply with the following:
(1) Test the alarm and shutdown capabilities at least quarterly and document the results in the plant's operational log. To avoid unnecessary disruptions in treatment, simulated testing of shutdown capabilities is acceptable.
(2) For any failures of alarm or shutdown equipment:
(i) Ensure the plant is adequately staffed until the equipment is operational.
(ii) Notify the Department as soon as possible of any failure that cannot be corrected within 24 hours.
(iii) Restore the equipment to operation within 5 working days of the failure unless a longer period of time is approved by the Department.
§ 109.704. Operator certification.
(a) Community and nontransient noncommunity water systems shall have personnel certified under the Water and Wastewater Systems Operators' Certification Act (63 P.S. §§ 1001—1015.1) and the regulations promulgated thereunder to operate and maintain a public water system.
(b) Transient noncommunity water systems shall have competent personnel qualified to operate and maintain the system's facilities.
§ 109.705. System evaluations and assessments.
(a) A community water supplier shall conduct an evaluation of the water system at least annually. The evaluation shall include the following activities:
(1) [Watershed surveillance consisting of an] An inspection of portions of the [drainage area or wellhead] source water protection area necessary to identify and evaluate actual and [probable] potential sources of contamination.
(i) An inspection of a [wellhead] source water protection area shall include a review of available information pertaining to possible sources of contamination such as underground storage tanks, onlot disposal systems and other activities that may have an adverse impact on water quality or quantity.
(ii) Specific hydrogeological studies of sources of contamination are not necessary unless required under § 109.4, § 109.602 or § 109.603 (relating to general requirements; acceptable design; and source quality and quantity) or other rules of the Department.
(iii) Revisions to the source water assessment if the inspection identified changes to actual or potential sources of contamination.
(2) Evaluation of [source protection,] intake structures and transmission facilities.
(3) Treatment facilities inspection consisting of an evaluation of the effectiveness of the operation and maintenance procedures and the condition and operability of permitted facilities.
(4) Evaluation of finished water storage facilities and the distribution system.
(5) Pressure surveys consisting of a measurement of pressures at representative points in the distribution system, which shall include new water line extensions. Surveys shall be made during periods of maximum and minimum usage. Records of these surveys shall show the date and time of the beginning and end of the test and the location at which the test was made.
(6) The results of the annual system evaluation must be documented and made available to the Department upon request.
(b) A public water system shall conduct Level 1 and 2 assessments required under § 109.202(c)(4) (relating to State MCLs, MRDLs and treatment technique requirements). The public water system shall also comply with any expedited actions or additional actions required by the Department in the case of an E. coli MCL violation.
* * * * * (9) At any time during the assessment or corrective action phase, either the public water system or the Department may request a consultation with the other party to determine the appropriate actions to be taken. The public water system may consult with the Department on all relevant information that may impact its ability to comply with a requirement of this subsection.
[(c) The following apply to significant deficiencies identified at public water systems supplied by a surface water source and public water systems supplied by a groundwater source under the direct influence of surface water:
(1) For sanitary surveys performed by the Department, a system shall respond in writing to significant deficiencies identified in sanitary survey reports no later than 45 days after receipt of the report, indicating how and on what schedule the system will address significant deficiencies noted in the survey.
(2) A system shall correct significant deficiencies identified in sanitary survey reports according to the schedule approved by the Department, or if there is no approved schedule, according to the schedule reported under paragraph (1) if the deficiencies are within the control of the system.
(d) Significant deficiencies identified by the Department at public water systems using groundwater shall comply with § 109.1302(c) (relating to treatment technique requirements).]
§ 109.706. System [distribution] map.
(a) [The community] A public water supplier shall prepare and maintain on file a detailed map of the water [system's transmission and distribution facilities] system. A copy of the map shall be submitted to the Department upon request.
(b) [A noncommunity water supplier shall submit a detailed map of the water system's transmission and distribution facilities at the request of the Department.] At a minimum the map must include all of the following:
(1) Source and treatment plant locations.
(2) Size and location of storage facilities.
(3) Pump station locations.
(4) Size, location and construction material of pipes.
(5) Pressure zones.
(6) Interconnections with other public water systems.
(7) Monitoring locations.
(c) [The map shall include information sufficient to allow the Department to analyze the distribution system and determine quantity, pressure and direction of flow from the sources to the customers, and shall include the type and size of pipes within the distribution system. The map shall be updated at least annually.] The map shall be reviewed by the water supplier at least annually and updated as necessary. Water suppliers may meet this requirement by maintaining a calibrated hydraulic model instead of paper maps.
§ 109.708. [Planned service interruptions] System service and auxiliary power.
(a) System service. No later than the dates specified in paragraphs (1)—(3), a community water supplier shall ensure operation of the sources, treatment and pumping facilities necessary to ensure that safe and potable water is continuously supplied to users in accordance with subsection (b) or (c), or both. A continuous supply of safe and potable water is one that meets all applicable MCLs, MRDLs and treatment techniques specified in § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements) and is sufficent to maintain system pressure specified in § 109.607 (relating to pressures) throughout the distribution system.
(1) By ______ (Editor's Note: The blank refers to 12 months after the effective date of adoption of this proposed rulemaking.), for systems serving 3,300 or fewer persons.
(2) By ______ (Editor's Note: The blank refers to 24 months after the effective date of adoption of this proposed rulemaking.), for systems serving 3,301—10,000 persons.
(3) By ______ (Editor's Note: The blank refers to 36 months after the effective date of adoption of this proposed rulemaking.), for systems serving greater than 10,000 persons.
(b) Auxiliary power. System service must be provided through one or more of the following methods:
(1) Connection to at least two independent power feeds from separate substations.
(i) The power feeds may not be located in the same conduit or supported from the same utility pole.
(ii) If overhead power feeds are used, the power feeds may not cross or be located in an area where a single plausible occurrence (for example, a fallen tree) could disrupt both power feeds.
(2) Onsite auxiliary power sources (that is, generators or engines).
(c) Alternate provisions. The Department may approve alternate provisions, such as finished water storage capacity or interconnections with another public water system, to meet the requirements of subsection (a).
(d) Planned service interruptions. The public water supplier shall give reasonable notice to the affected customers prior to a planned service interruption affecting quantity or quality of the water delivered to the customer. If the interruption is scheduled to exceed 8 hours and affect 15 or more service connections the water supplier shall also notify the Department.
§ 109.713. [Wellhead] Source water protection program.
(a) For water suppliers seeking to obtain Department approval for a [wellhead] source water protection program, the [wellhead] source water protection program shall, at a minimum, consist of all of the following elements:
(1) A steering committee composed of the necessary representatives, including, but not limited to, the water supplier, local government officials from the affected jurisdictions and potentially affected industry, to designate responsibilities for the planning and implementation of [wellhead] source water protection activities.
(2) Public participation and education activities to promote awareness and encourage local support of [wellhead] source water protection activities.
(3) [Zone II and Zone III wellhead protection area delineation performed in accordance with methodology provided by the Department. Methods applicable to that hydrogeologic setting shall be utilized and site-specific hydraulic and hydrogeologic information shall include, but is not limited to, pumping rate or yield, aquifer properties, water table or potentiometric surface configuration and hydrogeologic mapping.] A map depicting the source water protection areas that were delineated in accordance with the methodology provided by the Department.
(4) [Identification of existing and potential sources of contamination within each wellhead protection area.] A source water assessment for each source. If a source water assessment has not been previously conducted, identification of the source's susceptibility to potential and existing sources of contamination within each source's contributing area conducted in accordance with the methodology provided by the Department.
(5) Development and implementation of [wellhead] source water protection area management approaches to protect the water supply source from activities that may contaminate the source. These approaches may include, but are not limited to, one or more of the following actions:
(i) Purchase of the [wellhead] source water protection area by the water system.
(ii) Adoption of municipal ordinances or regulations controlling, limiting or prohibiting future potential sources of contamination within the [wellhead] source water protection area.
(iii) Adoption of municipal ordinances or regulations establishing design and performance standards for potential sources of contamination within the [wellhead] source water protection area.
(iv) Transfer of development rights within the [wellhead] source water protection area to land outside of the [wellhead] source water protection area.
(v) [A] For groundwater sources, a groundwater monitoring network that serves as an early warning system.
(vi) Public education programs.
(vii) Other methods approved by the Department which will ensure an adequate degree of protection for the source.
(6) Contingency planning for the provision of alternate water supplies in the event of contamination of a [well, spring or infiltration gallery] source and emergency responses to incidents that may impact water supply source quality.
(7) [New water supply source siting provisions to ensure the protection of new wells, springs or infiltration galleries.] Provisions to ensure the protection of sites identified for development as new water sources.
(b) Water suppliers with an approved source water protection program shall review and update the program on an annual basis to ensure it is accurate and reflects current activities, and shall complete and submit the current version of the Department-provided annual update form.
(Editor's Note: Sections 109.716 and 109.717 are proposed to be added and printed in regular type to enhance readability.)
§ 109.716. Significant deficiencies.
The following apply to significant deficiencies identified by the Department:
(1) Within 30 days of receiving written notification, the public water supplier shall consult with the Department regarding appropriate corrective actions unless the Department directs the system to implement a specific corrective action.
(2) The public water supplier shall respond in writing to significant deficiencies no later than 45 days after receipt of written notification from the Department, indicating how and on what schedule the system will address significant deficiencies.
(3) Corrective actions shall be completed in accordance with applicable Department plan review processes or other Department guidance or direction, if any, including Department-specified interim measures.
(4) The public water supplier shall correct significant deficiencies identified within 120 days of receiving written notification from the Department, or earlier if directed by the Department, or according to the schedule approved by the Department.
(5) If the Department specifies interim measures for protection of the public health pending Department approval of the corrective action plan and schedule or pending completion of the corrective action plan, the public water supplier shall comply with these interim measures as well as with any schedule specified by the Department.
(6) The public water supplier shall request and obtain approval, in writing, from the Department for any subsequent modifications to a Department-approved corrective action plan and schedule.
§ 109.717. Comprehensive monitoring plan.
(a) A community or nontransient noncommunity water supplier shall develop a comprehensive monitoring plan to assure that all sources and entry points are included in routine compliance monitoring at the entry points and within the distribution system. The plan must contain at least all of the following:
(1) A list of all sources and associated treatment plants and entry points. This list must also include purchased interconnections.
(2) A schematic of all sources and associated treatment plants and entry points, purchased interconnections and the relative locations of the points of entry into the distribution system.
(3) For each entry point, a description of system operations, including whether the entry point provides water continuously, whether each source provides water continuously, whether sources are alternated or blended and on what cycle or blending ratio, and whether the blending ratio is consistent.
(4) A description of how all sources and entry points are included in routine compliance monitoring.
(b) The plan must include the sample siting plans and monitoring plans required under other sections of this chapter, including the total coliform sample siting plan required under § 109.701(a)(5) (relating to reporting and recordkeeping), the monitoring plan for disinfectants, DBPs and DBP precursors required under § 109.701(g), the lead and copper sample site location plan required under § 109.1107(a)(1) (relating to system management responsibilities) and the source water sampling plan required under § 109.1202(h) (relating to monitoring requirements).
(c) The water supplier shall review and update the plan at least annually and as necessary to reflect changes to facilities or operations. The date of each update must be recorded on the plan.
(d) The water supplier shall submit the initial plan. The water supplier shall review the plan annually and submit an updated plan to the Department, if revisions are made. These plans are subject to Department review and revision.
Subchapter H. LABORATORY CERTIFICATION § 109.810. Reporting and notification requirements.
* * * * * (b) A laboratory accredited under Chapter 252 shall whenever the results of test measurements or analyses performed by the laboratory under this chapter indicate an MCL, MRDL or a treatment technique performance requirement under § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements) is exceeded, or [an action level under] any individual tap sample result exceeds the action level value specified in § 109.1102(a) (relating to action levels and treatment technique requirements) [is exceeded], or a sample result requires the collection of check or confirmation samples under § 109.301 (relating to general monitoring requirements), or any check sample collected under § 109.301(3) is total coliform-positive, or a sample collected by a seasonal system as part of a Department-approved start-up procedure under § 109.301(3)(i)(c) is total coliform-positive, or a sample collected under Subchapter M (relating to additional requirements for groundwater sources) is E. coli-positive:
* * * * *
Subchapter J. BOTTLED WATER AND VENDED WATER SYSTEMS, RETAIL WATER FACILITIES AND BULK WATER HAULING SYSTEMS § 109.1003. Monitoring requirements.
* * * * * (b) Sampling requirements.
* * * * * (3) [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.] 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.
* * * * * § 109.1005. Permit requirements.
* * * * * (c) Special permit by rule requirement for bottled water systems. A person owning or operating a bottled water system in this Commonwealth permitted under this chapter shall obtain an amended permit before making substantial modifications to the processing and bottling facilities unless the bottled water system satisfies the conditions in paragraphs (1)—(5). The permit-by-rule does not apply to the collection facilities. The Department retains the right to require a bottled water system that meets the requirements of paragraphs (1)—(5) to obtain a permit, if, in the judgment of the Department, the bottled water system cannot be adequately regulated through the standardized specifications and conditions. A bottled water system which is released from the obligation to obtain a permit shall comply with the other requirements of this subchapter, including design, construction and operation requirements. The following are the conditions for a permit-by-rule:
* * * * * (5) A bottled water system operating under this subsection shall file descriptions of substantial modifications made to the system to the Department within 30 days of operation of the modification. The description [shall] must include documentation that the modification meets the following requirements as applicable:
(i) Compliance with the product water-contact materials and treatment chemical additives toxicological requirements of § 109.606 (relating to chemicals, materials and equipment) or alternatively, the Food and Drug Administration standards in 21 CFR Part 129.
(ii) Validated treatment technologies for the reduction of contaminants. Validated treatment technologies are those that have been permitted by the Department under this chapter at the bottled water system operating under the permit by rule or certified to an applicable ANSI/NSF standard by NSF or other certification organization acceptable to the Department or verified under the EPA Environmental Technology Verification Program. To be acceptable to the Department, a certification organization other than NSF shall be accredited by ANSI as a third-party certification organization and meet the requirements under [§ 109.606(d)] § 109.606(e) as applicable to the appropriate ANSI/NSF standard for the treatment technology.
* * * * * (e) Permit applications. An application for a public water system permit for a bottled water or vended water system, retail water facility or bulk water hauling system shall be submitted in writing on forms provided by the Department and shall be accompanied by plans, specifications, engineer's report, water quality analyses and other data, information or documentation reasonably necessary to enable the Department to determine compliance with the act and this chapter. The Department will make available to the applicant the Public Water Supply Manual, available from the Bureau of [Water Standards and Facility Regulation] Safe Drinking Water, Post Office Box 8467, Harrisburg, Pennsylvania 17105-8467 which contains acceptable design standards and technical guidance. Water quality analyses shall be conducted by a laboratory certified under this chapter. An application for a public water system permit for a bottled water or vended water system, retail water facility or bulk water hauling system [shall] must include:
* * * * * (i) Permit fees. An application for a permit from the Department under this subchapter must be accompanied by a fee in the amount specified in Subchapter N (relating to drinking water fees).
[(1) An application for a new permit or major permit amendment under subsection (f)(1) for a bottled water or vended water system, retail water facility or bulk water hauling system shall be accompanied by a check in the amount of $750 payable to the ''Commonwealth of Pennsylvania,'' except that:
(i) An application from an out-of-State bottled water system submitting proof of out-of-State approval under subsection (e)(6) shall be accompanied by a fee of $100.
(ii) An application from a bottled water system, retail water facility or bulk water hauling system purchasing finished water, as its sole source of water, from a public water system operating under a permit issued under this chapter, and a vended water system permitted by rule, shall submit a fee of $300.
(2) A fee is not required for an emergency permit under subsection (g) or a minor permit amendment under subsection (f)(2).]
Subchapter K. LEAD AND COPPER § 109.1105. Permit requirements.
(a) General permit requirements. A person may not construct, substantially modify or operate corrosion control treatment facilities to comply with this subchapter without having obtained the appropriate permit approvals under Subchapter E (relating to permit requirements) and this section.
(b) Construction permits and permit amendments. The water supplier shall submit an application for a public water system construction permit for a newly-created system or an amended construction permit for a currently-permitted system for corrosion control treatment facilities by the applicable deadline established in § 109.1102(b)(2) (relating to action levels and treatment technique requirements), unless the system complies with paragraph (1) or (2) or otherwise qualifies for a minor permit amendment under § 109.503(b) (relating to public water system construction permits). The permit application must comply with § 109.503 and contain the applicable information specified therein. The application must include recommended water quality parameter performance requirements for optimal corrosion control treatment as specified in § 109.1102(b)(5) and other data, information or documentation necessary to enable the Department to consider the application for a permit for construction of the facilities.
(1) Community water system minor permit amendments. [The] Until ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), a community water supplier may submit a written request for an amended construction permit to the Department if the system satisfies the conditions under subparagraphs (i)—(iv). A request for an amended construction permit under this paragraph [shall] must describe the proposed change in sufficient detail to allow the Department to adequately evaluate the proposal.
(i) The system is a small water system.
(ii) The sources of supply for the system are not surface water sources.
(iii) Except for corrosion control treatment, the sources require treatment no greater than disinfection to provide water of a quality that meets the MCLs and treatment technique requirements established under Subchapter B (relating to MCLs, MRDLs or treatment technique requirements).
(iv) The proposed corrosion control treatment is limited to alkalinity or pH adjustment, or both.
(2) Nontransient noncommunity water system permits. [The] Until ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), a nontransient noncommunity water supplier is not required to obtain a construction permit or permit amendment under subsection (b) if the system satisfies the following specifications and conditions:
(i) The system is a small water system.
(ii) The sources of supply for the system are not surface water sources.
(iii) Except for corrosion control treatment, the sources require treatment no greater than disinfection to provide water of a quality that meets the MCLs and treatment technique requirements established under Subchapter B.
(iv) The proposed corrosion control treatment is limited to alkalinity or pH adjustment, or both.
(v) The water supplier files a brief description of the proposed treatment, including recommended water quality parameter performance requirements for optimal corrosion control treatment as specified in § 109.1102(b)(5), on forms acceptable to the Department. Descriptions of modifications shall be submitted and approved by the Department prior to construction.
(3) Beginning ______ (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.), community water systems and nontransient noncommunity water systems required to install optimal corrosion control treatment in accordance with § 109.1102(b) shall obtain a construction and operations permit.
(c) Operation permits. Except for nontransient noncommunity water systems complying with subsection (b)(2), the water supplier shall obtain an operation permit or amended operation permit following completion of construction and prior to initiation of operation of corrosion control treatment facilities. The permit will be issued in accordance with § 109.504 (relating to public water system operation permits). The Department will not issue an operation permit under this subchapter unless the water system complies with the operation and maintenance plan requirements under § 109.1107(b) (relating to system management responsibilities) and the operator certification requirements under § 109.1107(c). The water supplier for a community water system or nontransient noncommunity water system shall submit a request for Department designation of optimal corrosion control treatment performance requirements in accordance with § 109.1102(b)(2) and the Department will issue an amended operation permit designating the performance requirements as specified in § 109.1102(b)(5).
§ 109.1107. System management responsibilities.
(a) Reporting and recordkeeping. Systems shall comply with the following requirements and otherwise comply with § 109.701 (relating to reporting and recordkeeping):
* * * * * (2) Reporting of monitoring results. The water supplier shall assure that the results of analyses conducted in accordance with § 109.1103 are reported to the Department within the first 10 days following the end of each applicable monitoring period as stipulated by § 109.1103. Additional monitoring results beyond that required under § 109.1103 shall be kept on record by the water supplier and presented or submitted to the Department upon request.
(i) Lead and copper tap monitoring results. The following minimum information is required when reporting lead and copper tap monitoring results to the Department.
(A) The name, address and public water system identification number (PWSID) of the public water system from which the samples are taken.
(B) The contaminant ID.
(C) The parameter name.
(D) The sample period.
(E) The sample type.
[(F) The number of samples required and the number of samples taken.
(G)] (F) The analytical methods used.
[(H)] (G) The results of analyses conducted in accordance with this subchapter for lead and copper tap monitoring.
[(I)] (H) The sample location.
[(J) The 90th percentile result.
(K) Whether an action level has been exceeded.
(L)] (I) The name, address and identification number of the certified laboratory performing the analysis.
* * * * * § 109.1108. Fees.
[A system receiving permitting and related services from the Department under § 109.1105 (relating to permit requirements) for corrosion control treatment facilities shall pay the applicable fees in this section by a check in the amount specified in this section to the ''Commonwealth of Pennsylvania.''
(1) An application for a construction permit or major permit amendment under § 109.1105(b) shall be accompanied by payment for the applicable fee as follows:
System size Fee Small $250 Medium $500 Large $1,750 (2) A system not required to submit an application for a construction permit or major permit amendment under § 109.1105(b) shall submit payment for the applicable fee with its request for Department designation of optimal corrosion control treatment performance requirements in accordance with § 109.1102(b)(2) (relating to action levels and treatment technique requirements):
System size Fee Small $125 Medium $375 Large $1,250] An application for the review of a corrosion control treatment feasibility study under § 109.1102(b)(3) (relating to action levels and treatment technique requirements), a permit from the Department under this subchapter or a Department designation of optimal corrosion control treatment performance requirements in accordance with § 109.1102(b)(2)(ii) must be accompanied by a fee in the amount specified in Subchapter N (relating to drinking water fees).
Subchapter L. LONG-TERM 2 ENHANCED SURFACE WATER TREATMENT RULE § 109.1202. Monitoring requirements.
* * * * * (l) [Chemical treatment prior to sampling location.] Source water sample locations for plants with chemical treatment. Systems shall collect source water samples prior to chemical treatment, such as coagulants, oxidants and disinfectants.
* * * * * (n) [Bank filtration.] Source water sample locations for systems with bank filtration.
(1) Systems that receive Cryptosporidium treatment credit for bank filtration to meet existing treatment technique requirements of § 109.202(c) (relating to State MCLs, MRDLs and treatment technique requirements), as applicable, shall collect source water samples in the surface water prior to bank filtration.
* * * * * (o) [Multiple sources.] Source water sample locations for systems with multiple sources. Systems with plants that use multiple water sources, including multiple surface water sources and blended surface water and groundwater sources, shall collect samples as specified in paragraph (1) or (2). The use of multiple sources during monitoring [must] shall be consistent with routine operational practice. Sources not adequately evaluated during the monitoring period will be considered new sources and the requirements under subsection (f) will apply. Systems may begin monitoring a new source as soon as a sampling schedule and plan have been approved by the Department.
* * * * * § 109.1203. Bin classification and treatment technique requirements.
* * * * * (f) Treatment and management options for filtered systems, microbial toolbox.
(1) Filtered systems shall use one or more of the treatment and management options listed in § 109.1204 (relating to requirements for microbial toolbox components), termed the microbial toolbox, to comply with the additional Cryptosporidium treatment required in subsection (e).
(2) Systems using sources classified in Bin 3 and Bin 4 shall achieve at least 1-log of the additional Cryptosporidium treatment required under § 109.1204(a) using either one or a combination of the following: bag filters, bank filtration, cartridge filters, chlorine dioxide, membranes, ozone or UV, as described in [§ 109.1204(b), (c) and (n)—(q) (relating to requirements for microbial toolbox components)] § 109.1204.
(g) Failure to meet treatment credit. Failure by a system in any month to achieve treatment credit by meeting criteria in [§ 109.1204(b), (c) and (n)—(q)] § 109.1204 for microbial toolbox options that is at least equal to the level of treatment required in subsection (e) is a violation of the treatment technique requirement.
* * * * * § 109.1204. Requirements for microbial toolbox components.
* * * * * (h) Individual filter performance. Systems using conventional filtration treatment or direct filtration treatment will receive 0.5-log Cryptosporidium treatment credit, which can be in addition to the 0.5-log credit under subsection (g), during any month the system meets the criteria in this subsection. Compliance with these criteria must be based on individual filter turbidity monitoring as described in [§ 109.301(1)(iv)] § 109.301(1)(ii) (relating to general monitoring requirements), as applicable.
* * * * * § 109.1206. Reporting and recordkeeping requirements.
* * * * * (e) Source water reporting data elements. Systems shall report the applicable information in paragraphs (1) and (2) for the source water monitoring required under § 109.1202.
(1) Cryptosporidium data elements. Systems shall report data elements in subparagraphs (i)—[(vii)] (viii) for each Cryptosporidium analysis. Systems shall report, in a form acceptable to the Department, data elements in subparagraphs [(viii)—(x)] (ix)—(xi) as applicable.
* * * * * (vii) Number of oocysts occured.
(viii) The concentration of oocysts per liter.
[(viii)] (ix) For matrix spike samples, systems shall also report the sample volume spiked and estimated number of oocysts spiked. These data are not required for field samples.
[(ix)] (x) For samples in which less than 10 L is filtered or less than 100% of the sample volume is examined, systems shall also report the number of filters used and the packed pellet volume.
[(x)] (xi) For samples in which less than 100% of sample volume is examined, systems shall also report the volume of resuspended concentrate and volume of this resuspension processed through immunomagnetic separation.
* * * * *
Subchapter M. ADDITIONAL REQUIREMENTS FOR GROUNDWATER SOURCES § 109.1302. Treatment technique requirements.
* * * * * (c) Groundwater systems with [significant deficiencies or] source water E. coli contamination or significant deficiencies.
(1) A groundwater system with [a significant deficiency or] an E. coli-positive groundwater source sample collected under § 109.505(a)(3), § 109.1303(a) or § 109.1304(a) (relating to requirements for noncommunity water systems; triggered monitoring requirements for groundwater sources; and assessment source water monitoring) [shall correct all significant deficiencies and, if directed by the Department,] shall implement one or more of the following corrective actions:
(i) Provide an alternative source of water.
(ii) Eliminate the source of contamination.
(iii) Submit information required under § 109.1306 and provide treatment that reliably achieves at least 4-log treatment of viruses before the first customer for the groundwater source or sources and comply with compliance monitoring requirements under § 109.1305.
(2) A groundwater system with a significant deficiency or an E. coli-positive groundwater source sample collected under § 109.1303(a) or § 109.1304(a) will receive one of the following forms of notification:
(i) Written notice from the Department of a significant deficiency.
(ii) Notification from a laboratory under § 109.810(b) (relating to reporting and notification requirements) that a groundwater source sample collected under § 109.1303(a) or § 109.1304(a) was found to be E. coli-positive.
[(iii) Direction from the Department that an E. coli positive sample collected under § 109.1303(a) requires corrective action.]
(3) [Within 30 days of receiving initial notification under paragraph (2), the groundwater system shall consult with the Department regarding the appropriate corrective action unless the Department directs the groundwater system to implement a specific corrective action.] A groundwater system with a significant deficiency or an E. coli-positive source water sample collected under § 109.1303(a) or § 109.1304(a) shall comply with § 109.716 (relating to significant deficiencies).
[(4) Within 120 days of receiving initial notification under paragraph (2), or earlier if directed by the Department, the groundwater system shall correct all significant deficiencies if applicable and shall either:
(i) Have completed corrective action in accordance with applicable Department plan review processes or other Department guidance or direction, if any, including Department-specified interim measures.
(ii) Be in compliance with a Department-approved corrective action plan and schedule subject to the following conditions:
(A) The groundwater system shall request and obtain approval from the Department for any subsequent modifications to a Department-approved corrective action plan and schedule.
(B) If the Department specifies interim measures for protection of the public health pending Department approval of the corrective action plan and schedule or pending completion of the corrective action plan, the system shall comply with these interim measures as well as with any schedule specified by the Department.]
§ 109.1303. Triggered monitoring requirements for groundwater sources.
* * * * * (h) For an E. coli-positive source water sample collected under subsection (a) that is not invalidated under subsection (g)[:], the system shall comply with Tier 1 public notification requirements under § 109.408 (relating to Tier 1 public notice—categories, timing and delivery of notice).
[(1) The Department may require a groundwater system to perform a corrective action as described under § 109.1302(c) (relating to treatment technique requirements).
(2) If the Department does not require corrective action under § 109.1302(c), the system shall collect five additional source water samples from the same source within 24 hours of being notified of the E. coli-positive sample. If one of the additional samples collected under this paragraph is E. coli-positive, the groundwater system shall perform a corrective action as described under § 109.1302(c).
(3) The system shall comply with Tier 1 public notification requirements under § 109.408 (relating to Tier 1 category, timing and delivery of notice).]
(i) Systems providing water to another public water system receiving notification under subsection (e) shall comply with subsection (a).
§ 109.1305. Compliance monitoring.
(a) Chemical disinfection. Groundwater systems demonstrating at least 4-log treatment of viruses using chemical disinfection shall monitor for and maintain the Department-approved residual disinfection concentration every day the system serves the public from the groundwater source.
(1) A groundwater system serving greater than 3,300 people shall:
(i) Continuously monitor the residual disinfectant concentration at the entry point or other location approved by the Department and record the results at least every 15 minutes each day that water from the groundwater source is served to the public.
(ii) Maintain the Department-approved minimum residual disinfectant concentration every day the public water system serves water from the groundwater source to the public.
(iii) Conduct grab sampling every 4 hours until the continuous monitoring equipment is returned to service if there is a failure in the continuous monitoring equipment and notify the Department within 24 hours of the equipment failure that grab sampling is being conducted. [The system shall resume continuous residual disinfectant monitoring within 14 days.] Grab sampling or manual recording may not be substituted for continuous monitoring for longer than 5 working days after the equipment fails unless a longer period of time is approved by the Department.
(2) A groundwater system serving 3,300 or fewer people shall comply with one of the following subparagraphs:
(i) The groundwater system shall maintain the Department-approved minimum residual disinfectant concentration every day the public water system serves water from the groundwater source to the public. The groundwater system shall take a daily grab sample at the entry point or other location approved by the Department during the hour of peak flow or at any other time specified by the Department. If any daily grab sample measurement falls below the Department-approved minimum residual disinfectant concentration, the groundwater system shall take follow up samples every 4 hours and record the results until the residual disinfectant concentration is restored to the Department-approved minimum level.
* * * * * § 109.1306. Information describing 4-log treatment and compliance monitoring.
* * * * * (b) A noncommunity water system not covered under subsection (a) demonstrating at least 4-log treatment of viruses under § 109.1302 (relating to treatment technique requirements) shall:
* * * * * (3) Submit 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 Standards and Facility Regulation] Safe Drinking Water, Post Office Box [8774] 8467, Harrisburg, Pennsylvania 17105 which contains acceptable design standards and technical guidance. Water quality analyses shall be conducted by a laboratory accredited under this chapter.
* * * * * § 109.1307. System management responsibilities.
(a) Reporting. Groundwater systems shall comply with the following requirements and otherwise comply with § 109.701 (relating to reporting and recordkeeping):
(1) A groundwater system conducting compliance monitoring under § 109.1305 (relating to compliance monitoring):
* * * * * (ii) That experiences a breakdown in treatment shall notify the Department within 1 hour after the water system learns of the violation or the situation and provide public notice in accordance with § 109.408 (relating to Tier 1 public notice—categories, timing and delivery of notice). A breakdown in treatment occurs whenever the system fails to meet, for greater than 4 [continuous] hours of operation, any Department-specified requirements relating to:
* * * * * (Editor's Note: The following subchapter is proposed to be added and printed in regular type to enhance readability.)
Subchapter N. DRINKING WATER FEES Sec.
109.1401. General. 109.1402. Annual fees. 109.1403. Monitoring waiver fees. 109.1404. Community and noncommunity water system permitting fees. 109.1405. Permitting fees for general permits. 109.1406. Permitting fees for bottled water and vended water systems, retail water facilities and bulk water hauling systems. 109.1407. Feasibility study. 109.1408. Noncommunity water system application for approval. 109.1409. Noncommunity water system 4-log permit. 109.1410. Payment of fees. 109.1411. Disposition of funds. 109.1412. Failure to remit fees. 109.1413. Evaluation of fees. § 109.1401. General.
(a) This subchapter establishes fees for each public water system for services provided by the Department to implement the act, retain primacy, and protect the public health and safety.
(b) This subchapter applies to each public water system.
§ 109.1402. Annual fees.
(a) Annual fee. Each public water system shall pay an annual fee as set forth in this section.
(1) For community water systems, the annual fees are as follows:
Population Served Fee 25—100 $250 101—500 $500 501—1,000 $1,000 1,001—2,000 $2,000 2,001—3,300 $4,000 3,301—5,000 $6,500 5,001—10,000 $10,000 10,001—25,000 $20,000 25,001—50,000 $25,000 50,001—75,000 $30,000 75,001—100,000 $35,000 100,001 or more $40,000 (2) For nontransient noncommunity water systems, the annual fees are as follows:
Population Served Fee 25—100 $100 101—500 $250 501—1,000 $500 1,001—3,300 $750 3,301 or more $1,000 (3) For transient noncommunity water systems, the annual fees are as follows:
Population Served Fee 25—100 $50 101—500 $100 501—1,000 $200 1,001 or more $500 (4) For bottled water or vended water systems, retail water facilities or bulk water hauling systems, the annual fees are as follows:
Type Fee Bottled—in-State $2,500 Bottled—out-of-State $2,500 Vended $1,000 Retail $1,000 Bulk $1,000 (b) Basis for ''population served.'' The ''population served'' shall be based on the Department's public water system inventory at the time of billing.
(c) Payment of fees.
(1) All fees payable under this section are due according to the following schedule:
Population Served Submit Annual Fee By 25—100 September 30 101—500 December 31 501—3,300 March 31 3,301 or more June 30 (2) New systems that begin operation after January 1 will not be assessed an annual fee for partial calendar year periods. Annual fees shall be payable on or before the date indicated in paragraph (1) of the next calendar year, and each year thereafter.
(3) For annual fees of $10,000 or more, a public water system may request to divide its annual fee payment into equal quarterly installments by submitting a written request to the Department. Quarterly installments shall be due on March 31, June 30, September 30 and December 31.
§ 109.1403. Monitoring waiver fees.
(a) New waivers. An application for a new waiver from the monitoring requirements in §§ 109.301 and 109.302 (relating to general monitoring requirements; and special monitoring requirements) for a single source must be accompanied by a fee as follows:
Waiver Type New Waiver Fee VOC use waiver $100 SOC use waiver $100 SOC susceptibility waiver $300 IOC waiver $100 (b) Waiver renewals. An application for a waiver renewal from the monitoring requirements in §§ 109.301 and 109.302 for a single source must be accompanied by the appropriate fee as follows:
(1) For renewal applications with no changes in land uses or potential sources of contamination, the fee is $50.
(2) For renewal applications with changes in land uses or potential sources of contamination, the fee will be based on the type of waiver and the fee for that waiver set forth in subsection (a).
(c) Waiver fees for systems with more than one source.
(1) For systems with multiple sources all in the same contributing area, the fee will be as indicated in subsection (a) or (b), as applicable. For groundwater systems, the contributing area is the surface area overlying the portion of the aquifer through which water is diverted to a well or flows to a spring or infiltration gallery.
(2) For systems with sources in two or more contributing areas, the fee will be as indicated in subsection (a) or (b), as applicable, for the first source, plus 1/2 of the applicable fee for each additional contributing area in which a source is located.
§ 109.1404. Community and noncommunity water system permitting fees.
(a) An application for a construction permit or a major construction permit amendment under § 109.503 (relating to public water system construction permits), except for an application for BVRB facilities under § 109.1005 (relating to permit requirements), must be accompanied by a fee as follows:
Population Served Fee 25—100 $300 101—500 $600 501—3,300 $1,000 3,301—10,000 $2,500 10,001—50,000 $5,000 50,001—100,000 $7,500 100,001 or more $10,000 (b) A written request for a minor construction permit amendment under § 109.503, except for a change in legal status (relating to paragraph 3), must be accompanied by a fee as follows:
Population Served Fee 25—100 $100 101—500 $250 501—3,300 $500 3,301—10,000 $750 10,001—50,000 $1,000 50,001—100,000 $2,500 100,001 or more $5,000 (c) A written request for a change in legal status, such as a transfer of ownership, incorporation or merger, must be accompanied by a fee of $100.
(d) A written request for a new or amended operations permit under § 109.504 (relating to public water system operating permits) must be accompanied by a fee of $50.
(e) A written request for an emergency permit must be accompanied by a fee of $100.
§ 109.1405. Permitting fees for general permits.
Fees for coverage under a general permit under § 109.511 (relating to general permits) will be established in the general permit. Fees may not exceed $500. An eligible person shall submit to the Department the applicable fee before the Department approves coverage under the general permit for that person.
§ 109.1406. Permitting fees for bottled water and vended water systems, retail water facilities and bulk water hauling systems.
(a) An application for a construction permit or a major construction permit amendment under § 109.1005 (relating to permit requirements), except an out-of-State facility or system using finished water as its sole source of water, must be accompanied by a fee as follows:
System Type Fee Bottled water system (population served) 25—100 $500 101—500 $750 501—3,300 $1,000 3,301—10,000 $2,500 10,001—50,000 $5,000 50,001—100,000 $7,500 100,001 or more $10,000 Vended water system $100 Retail water facilities $250 Bulk water hauling system $500 (b) An application from a bottled water system, retail water facility or bulk water hauling system whose sole source of water is finished water purchased from another public water system must be accompanied by a fee as follows:
System Type Fee Bottled water system (population served) 25—100 $100 101—500 $250 501—3,300 $500 3,301—10,000 $750 10,001—50,000 $1,000 50,001—100,000 $2,500 100,001 or more $5,000 Retail water facilities $100 Bulk water hauling system $100 (c) An application from an out-of-State bottled water system submitting proof of out-of-State approval under § 109.1005 must be accompanied by a fee of $1,000.
(d) A written request for a minor construction permit amendment under § 109.1005, except for a change in legal status, must be accompanied by a fee as follows:
System Type Fee Bottled water system $1,000 Vended water system $100 Retail water facilities $100 Bulk water hauling system $100 (e) A request for a change in legal status, such as a transfer of ownership, incorporation or merger, must be accompanied by a fee of $100.
(f) A written request for a new or amended operations permit must be accompanied by a fee of $50.
(g) A written request for an emergency permit must be accompanied by a fee of $100.
§ 109.1407. Feasibility study.
An application for a review of a feasibility study or pilot study must be accompanied by a fee as follows:
Population Served Fee 25—100 $300 101—500 $600 501—3,300 $1,000 3,301—10,000 $2,500 10,001—50,000 $5,000 50,001—100,000 $7,500 100,001 or more $10,000 § 109.1408. Noncommunity water system application for approval.
For a noncommunity water system that is released from the obligation to obtain a construction and an operation permit under § 109.505 (relating to requirements for noncommunity water systems), the application for approval required under § 109.505(a)(2)(ii) must be accompanied by a fee of $50.
§ 109.1409. Noncommunity water system 4-log permit.
For noncommunity water systems demonstrating 4-log treatment of viruses under Subchapter M (relating to additional requirements for groundwater sources), the permit application must be accompanied by a fee of $50.
§ 109.1410. Payment of fees.
All fees under this subchapter shall be payable by a check to the ''Commonwealth of Pennsylvania'' or through a secure computer application provided by the Department.
§ 109.1411. Disposition of funds.
All fees shall be paid into the State Treasury into a special restricted revenue account in the General Fund known as the Safe Drinking Water Account administered by the Department for use in protecting the public from the hazards of unsafe drinking water and which funds are hereby appropriated to the Department for the purposes as are authorized in the act.
§ 109.1412. Failure to remit fees.
(a) If fees are not remitted as required under § 109.1402 (relating to annual fees), interest will accrue on the entire amount from the original date payment was due at a rate of 6% per annum until payment is remitted.
(b) For any system delinquent in payment of fees in excess of 180 days, the Department may suspend technical services provided by the Department until payment is remitted.
§ 109.1413. Evaluation of fees.
At least every 3 years, the Department will provide the EQB with an evaluation of the fees in this chapter and recommend regulatory changes to the EQB to address any disparity between the program income generated by the fees and the Department's cost of administering the program with the objective of ensuring fees meet all program costs and programs are self-sustaining. The evaluation will include an assessment of program complement and workload.
[Pa.B. Doc. No. 17-1413. Filed for public inspection August 25, 2017, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
