[48 Pa.B. 2509]
[Saturday, April 28, 2018]
[Continued from previous Web Page]
Subchapter D. PUBLIC NOTIFICATION § 109.408. Tier 1 public notice—categories, timing and delivery of notice.
(a) General violation categories and other situations requiring a Tier 1 public notice. A public water supplier shall provide Tier 1 public notice for the following circumstances:
(1) Violation of the MCL for E. coli, as specified in § 109.202(a)(2) (relating to State MCLs, MRDLs and treatment technique requirements), or when the water supplier fails to test for E. coli when any check sample tests positive for coliforms, as specified in § 109.301(3) (relating to general monitoring requirements).
(2) Violation of the MCL for nitrate, nitrite or total nitrate and nitrite, as defined in § 109.202(a)(2), or when the water supplier fails to take a confirmation sample within 24 hours of the system's receipt of the first sample showing an exceedance of the nitrate or nitrite MCL, as specified in § 109.301(7)(ii)(C)(IV) and (V).
(3) Exceedance of the nitrate MCL by noncommunity water systems, when permitted by the Department in writing to exceed the MCL in accordance with 40 CFR 141.11(d) (relating to maximum contaminant levels for inorganic chemicals).
(4) Violation of the MRDL for chlorine dioxide, as defined in § 109.202(f)(2), when one or more samples taken in the distribution system the day following an exceedance of the MRDL at the entrance of the distribution system exceed the MRDL, or when the water supplier does not take the required samples in the distribution system, as specified in § 109.301.
(5) Violation of the turbidity MCL of 5 NTU based on an average for 2 consecutive days by a public water system using an unfiltered surface water source, as specified in § 109.202(a)(2).
(6) Violation of a treatment technique requirement for pathogenic bacteria, viruses and protozoan cysts as defined in § 109.202(c), resulting from:
(i) A single exceedance of the maximum allowable turbidity limit.
(ii) A failure to meet the minimum log inactivation for more than 4 hours.
(iii) A failure to maintain the minimum entry point residual disinfectant concentration for more than 4 hours and either of the following:
(A) A failure to calculate the log inactivation in accordance with § 109.301(1)(v) and (vi).
(B) A failure to meet the minimum log inactivation for more than 4 hours.
(7) Violation of a treatment technique requirement for Cryptosporidium as defined in § 109.1203 (relating to bin classification and treatment technique requirements), resulting from a failure to provide the level of treatment appropriate for the systems bin classification.
* * * * *
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 different reporting period is specified in this chapter, 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. In addition to the reporting requirements specified in paragraph (1), public water systems shall report performance monitoring data as follows:
(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 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 0.5 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) Instead of subclauses (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 exceeding 1 NTU.
(VI) Instead of subclauses (A)(III) and (IV), beginning January 1, 2005, for public water systems that serve fewer than 10,000 persons 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 exceeding 1 NTU.
(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.
(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 residual disinfectant concentration remains equal to or greater than the required minimum.
(II) The initial date, time and value for each occurrence that the residual disinfectant concentration is less than the required minimum, and the subsequent date, time and value that the residual disinfectant concentration is equal to or greater than the required minimum.
(III) The date the entry point is not in operation.
(C) For performance monitoring of the log inactivation for Giardia, public water systems shall report as follows:
(I) The date, time and lowest log inactivation value for each day the value remains equal to or greater than the required minimum.
(II) The initial date, time and value for each occurrence that the log inactivation is less than the required minimum, and the subsequent date, time and value that the log inactivation is equal to or greater than the required minimum.
(III) The date the entry point is not in operation.
(D) For performance monitoring of the log inactivation for viruses, public water systems using a disinfectant other than chlorine to achieve log inactivation of viruses shall report as follows:
(I) The date, time and lowest log inactivation value for each day the value remains equal to or greater than the required minimum.
(II) The initial date, time and value for each occurrence that the log inactivation is less than the required minimum, and the subsequent date, time and value that the log inactivation is equal to or greater than the required minimum.
(III) The date the entry point is not in operation.
(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) (relating to State MCLs, MRDLs and treatment technique requirements).
(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 E. coli 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(8)(v) of the residual disinfectant concentration of the water in the distribution system shall include the date, time and value of each sample.
(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 in key water treatment processes.
(C) A natural disaster that disrupts the water supply or distribution system.
(D) A chemical spill.
(E) An unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination.
(F) An overfeed of a drinking water treatment chemical that exceeds a published maximum use value, such as National Sanitation Foundation's ''Maximum Use Value,'' as applicable.
(G) A situation that causes a loss of positive water pressure in any portion of the distribution system where there is evidence of contamination or a water supplier suspects a high risk of contamination.
(H) A lack of resources that adversely affect operations, such as staff shortages, notification by the power utility of planned lengthy power outages or imminent depletion of treatment chemical inventories.
(iv) Any sample result is E. coli-positive.
(4) Notice. The water supplier shall, within 10 days of completion of each public notification required under Subchapter D (relating to public notification) with the exception of a CCR, submit to the Department a certification that it has fully complied with the public notification requirements. The water supplier shall include with this certification a representative copy of each type of notice distributed, published, posted and made available to persons served by the system and to the media and a description of the 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 and repeat coliform sampling as required under § 109.301(3) by September 24, 2016. A public water system that begins operation after September 24, 2016, shall submit the sample siting plan prior to serving water to the public.
(i) A sample siting plan must include, at a minimum, the following:
(A) A list of sample site locations as specified in § 109.303(a)(2) (relating to sampling requirements) in the distribution system to be used for routine monitoring purposes.
(B) The name of the company or individual collecting the samples.
(C) A sample collection schedule.
(D) Available repeat monitoring locations for each routine monitoring location.
(E) Triggered source water monitoring locations as specified under § 109.1303 (relating to triggered monitoring requirements for groundwater sources).
(F) The population served by the system.
(G) A description of the accessibility of sample sites.
(H) The beginning and ending dates of each operating season for seasonal systems.
(ii) 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 subparagraph (i).
(iii) The water supplier shall notify the Department of subsequent revisions to a coliform sample siting plan as they occur. Revisions to a 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. In addition to the reporting requirements specified in paragraph (1), public water systems monitoring for disinfectant residuals under § 109.301 shall:
(i) Submit to the Department a written sample siting plan by October 29, 2018. A public water system that begins operation after April 28, 2018, shall submit the sample siting plan prior to serving water to the public. The sample siting plan for disinfectant residuals may be combined with the sample siting plan for coliforms specified in paragraph (5) if all content elements are included. At a minimum, the sample siting plan must include all of the following:
(A) A list of representative sample site locations in the distribution system to be used for residual disinfectant concentration monitoring. Representative locations include the following:
(I) Dead ends.
(II) First service connection.
(III) Finished water storage facilities.
(IV) Interconnections with other public water systems.
(V) Areas of high water age.
(VI) Areas with previous coliform detections.
(VII) Mixing zones for systems using chlorine and purchasing water from a system using chloramines or for systems using chloramines and purchasing water from a system using chlorine.
(B) Whether the sample site location is also used as a coliform, disinfection byproducts, or lead and copper sampling location.
(C) Whether the sample site location is located within a mixing zone.
(D) Whether online monitoring and recording will be substituted for grab sample measurements at the sample site location and the frequency of measurements by the online analyzer.
(E) A sample collection schedule.
(ii) Submit to the Department a revised sample siting plan within 30 days of notification by the Department that a sample siting plan fails to meet the criteria in clauses (A)—(E).
(iii) Notify the Department of subsequent revisions to a sample siting plan as they occur. Revisions to a sample siting plan shall be submitted in written form to the Department within 30 days of notifying the Department of the revisions.
(IV) Report to the Department the beginning and ending dates when a free chlorine burn is conducted for a system using chloramines.
(V) Report to the Department a daily average if online monitoring and recording is substituted for grab sample measurements.
(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.
* * * * * § 109.710. Disinfectant residual in the distribution system.
(a) Until April 28, 2019, a disinfectant residual acceptable to the Department shall be maintained throughout the distribution system of the community water system sufficient to assure compliance with the microbiological MCLs and the treatment technique requirements specified in § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements). The Department will determine the acceptable residual of the disinfectant considering factors such as type and form of disinfectant, temperature and pH of the water, and other characteristics of the water system.
(b) Until April 28, 2019, a public water system that uses surface water or GUDI sources or obtains finished water from another permitted public water system using surface water or GUDI sources shall comply with the following requirements:
(1) As a minimum, a detectable residual disinfectant concentration of 0.02 mg/L measured as total chlorine, combined chlorine or chlorine dioxide shall be maintained throughout the distribution system as demonstrated by monitoring conducted under § 109.301(1) and (2) or (8)(v) (relating to general monitoring requirements).
(2) Sampling points with nondetectable disinfectant residuals which have heterotrophic plate count (HPC) measurements of less than 500/ml are deemed to be in compliance with paragraph (1).
(3) When the requirements of paragraph (1) or (2) cannot be achieved, the supplier shall initiate an investigation under the Department's direction to determine the cause, potential health risks and appropriate remedial measures.
(c) Beginning April 29, 2019, a community water system using a chemical disinfectant or that delivers water that has been treated with a chemical disinfectant shall maintain a minimum residual disinfectant concentration throughout the distribution system sufficient to assure compliance with the microbiological MCLs and the treatment technique requirements specified in § 109.202. The minimum residual disinfectant concentration is 0.2 mg/L or another level approved by the Department for systems using an alternate oxidizing disinfection treatment. The residual disinfectant concentration shall be measured as follows:
(1) Free chlorine for systems using chlorine.
(2) Total chlorine for systems using chloramines.
(3) Both free chlorine and total chlorine for sampling locations in a mixing zone as identified in the monitoring plan.
(4) Both free chlorine and total chlorine when a system using chloramines is conducting a free chlorine burn.
(d) Beginning April 29, 2019, a nontransient noncommunity water system that has installed chemical disinfection or a transient noncommunity water system that has installed chemical disinfection in accordance with § 109.202(c)(1) or § 109.1302(b) (relating to treatment technique requirements) shall maintain a minimum residual disinfectant concentration throughout the distribution system sufficient to assure compliance with the microbiological MCLs and the treatment technique requirements specified in § 109.202. The minimum residual disinfectant concentration is 0.2 mg/L or another level approved by the Department for systems using an alternate oxidizing disinfection treatment. The residual disinfectant concentration shall be measured as follows:
(1) Free chlorine for systems using chlorine.
(2) Total chlorine for systems using chloramines.
(3) Both free chlorine and total chlorine for sampling locations in a mixing zone as identified in the monitoring plan.
(4) Both free chlorine and total chlorine when a system using chloramines is conducting a free chlorine burn.
(e) Beginning April 29, 2019, compliance with the disinfectant residual treatment technique will be based on the number of samples collected each month as specified in the system distribution sample siting plan submitted to the Department under § 109.701(a)(8) (relating to reporting and recordkeeping). Compliance will be determined as follows:
(1) For a public water system that collects less than 40 samples per month and uses only groundwater or purchased groundwater sources, if no more than 1 sample collected per month is less than the minimum level specified in subsection (c) or (d) for 2 consecutive months, the system is in compliance with the treatment technique.
(2) For a public water system that collects 40 or more samples per month or that uses surface water, GUDI, purchased surface water or purchased GUDI sources, if no more than 5% of the samples collected per month are less than the minimum level specified in subsection (c) or (d) for 2 consecutive months, the system is in compliance with the treatment technique.
(3) For systems reporting both free and total chlorine residual measurements in accordance with subsections (c) and (d), compliance shall be based on the higher residual measurement.
(4) A public water system that experiences a treatment technique violation shall notify the Department within 1 hour of discovery of the violation in accordance with § 109.701(a)(3) and issue a Tier 2 public notice in accordance with § 109.409 (relating to Tier 2 public notice—categories, timing and delivery of notice).
(5) In addition to the requirements in paragraphs (1)—(4), a public water system that fails to meet the minimum level specified in subsection (c) or (d) at any sample location for 2 consecutive months or more shall conduct an investigation to determine the cause and appropriate corrective actions and shall submit a written report to the Department within 60 days.
(6) The Department may approve in writing an alternate compliance schedule if the water supplier submits a written request with supporting documentation by April 29, 2019.
(f) Public water systems may increase residual chlorine or chloramine, but not chlorine dioxide, disinfectant levels in the distribution system to a level that exceeds the MRDL for that disinfectant and for a time necessary to protect public health or to address specific microbiological contamination problems caused by circumstances such as, but not limited to, distribution line breaks, storm runoff events, source water contamination events or cross-connection events.
§ 109.716. Nitrification control plan.
(a) A public water system that uses chloramines or purchases water that contains chloramines shall develop a nitrification control plan by April 29, 2019. The plan must conform to the guidelines in industry standards such as the American Water Works Association's M56 Manual on Nitrification and contain at least the following information:
(1) A system-specific monitoring plan that includes, at a minimum:
(i) The list of parameters that will be monitored such as pH, free ammonia, total chlorine, monochloramine, HPC, nitrite and nitrate.
(ii) The monitoring locations.
(iii) The monitoring schedule.
(2) A response plan with expected water quality ranges and action levels.
(b) The public water system shall implement the nitrification control plan in accordance with accepted practices of the water supply industry.
(c) The public water system shall review and update the plan as necessary.
(d) The plan shall be retained onsite and shall be made available to the Department upon request.
Subchapter J. BOTTLED WATER AND VENDED WATER SYSTEMS, RETAIL WATER FACILITIES AND BULK WATER HAULING SYSTEMS § 109.1002. MCLs, MRDLs or treatment techniques.
(a) Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall supply drinking water that complies with the MCLs, MRDLs and treatment technique requirements under §§ 109.202 and 109.203 (relating to State MCLs, MRDLs and treatment technique requirements; and unregulated contaminants). Bottled water systems, vended water systems, retail water facilities and bulk water hauling systems using surface water or GUDI sources shall comply with the requirements in § 109.204 (relating to disinfection profiling and benchmarking). Bottled water systems, vended water systems, retail water facilities and bulk water hauling systems shall provide continuous disinfection for groundwater sources. Water for bottling labeled as mineral water under § 109.1007 (relating to labeling requirements for bottled water systems, vended water systems and retail water facilities) shall comply with the MCLs except that mineral water may exceed the MCL for total dissolved solids.
(b) Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall supply drinking water that contains no more than 0.005 mg/L of lead and no more than 1.0 mg/L copper.
(c) Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall comply with the treatment technique requirements under Subchapter L (relating to long-term 2 enhanced surface water treatment rule).
(d) Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall comply with Subchapter M (relating to additional requirements for groundwater sources). For the purpose of determining compliance with Subchapter M, bottled water and vended systems, retail water facilities and bulk water hauling systems using groundwater sources shall comply with standards pertaining to noncommunity groundwater systems.
§ 109.1003. Monitoring requirements.
(a) General monitoring requirements. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall monitor for compliance with the MCLs, MRDLs and treatment techniques as follows, except that systems which have installed treatment to comply with a primary MCL shall conduct quarterly operational monitoring for the contaminant which the treatment is designed to remove:
(1) Bottled water systems, retail water facilities and bulk water hauling systems, for each entry point shall:
* * * * * (ix) TTHM and HAA5 Stage 2 DBP Rule. Beginning October 1, 2013, monitor annually for TTHM and HAA5 if the system uses a chemical disinfectant or oxidant to treat the water, or obtains finished water from another public water system that uses a chemical disinfectant or oxidant to treat the water as follows:
(A) Routine monitoring. Systems shall take at least one dual sample set per year per entry point during the peak historical month except that systems meeting the conditions in subsection (d) or (e) shall monitor in accordance with § 109.301(12)(ii) (relating to general monitoring requirements).
(B) Increased monitoring. If any sample results exceed either a TTHM or HAA5 MCL, the system shall take at least one dual sample set per quarter (every 90 days) per entry point. The system shall return to the sampling frequency of one dual sample set per year per entry point if, after at least 1 year of monitoring, each TTHM sample result is no greater than 0.060 mg/L and each HAA5 sample result is no greater than 0.045 mg/L.
(C) Compliance determinations. Compliance with the TTHM and HAA5 MCLs is based on the LRAA.
(I) A system required to monitor quarterly shall calculate LRAAs for TTHM and HAA5 using monitoring results collected under this subparagraph and determine that each LRAA does not exceed the MCL. A system that fails to complete 4 consecutive quarters of monitoring shall calculate compliance with the MCL based on the average of the available data from the most recent 4 quarters. A system that takes more than one sample per quarter at a monitoring location shall average all samples taken in the quarter at that location to determine a quarterly average to be used in the LRAA calculation.
(II) A system required to monitor yearly or less frequently shall determine that each sample result is less than the MCL. If any single sample result exceeds the MCL, the system shall comply with the requirements of clause (B). If no sample result exceeds the MCL, the sample result for each monitoring location is considered the LRAA for that monitoring location.
(III) A system required to conduct quarterly monitoring shall make compliance calculations at the end of the 4th calendar quarter that follows the compliance date (or earlier if the LRAA calculated based on fewer than 4 quarters of data would cause the MCL to be exceeded regardless of the monitoring results of subsequent quarters) and at the end of each subsequent calendar quarter. A system required to conduct monitoring at a frequency that is less than quarterly shall make compliance calculations beginning with the first compliance sample taken after the compliance date.
(IV) A system is in violation of the MCL when the LRAA at any location exceeds the MCL for TTHM or HAA5, calculated as specified in subclause (I), or the LRAA calculated based on fewer than 4 quarters of data if the MCL would be exceeded regardless of the monitoring results of subsequent quarters. If a system fails to monitor, the system is in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating an LRAA.
(x) Beginning January 1, 2004, monitor daily for chlorite if the system uses chlorine dioxide for disinfection or oxidation. Systems shall take at least one daily sample at the entry point. If a daily sample exceeds the chlorite MCL, the system shall take three additional samples within 24 hours from the same lot, batch, machine, carrier vehicle or point of delivery. The chlorite MCL is based on the average of the required daily sample plus any additional samples.
(xi) Beginning April 28, 2018, a system using chlorine dioxide shall take one sample per day at each entry point. A violation of the chlorine dioxide MRDL occurs when any entry point sample result exceeds the chlorine dioxide MRDL.
(xii) Beginning January 1, 2004, monitor monthly for bromate if the system uses ozone for disinfection or oxidation.
(A) Routine monitoring. Systems shall take one sample per month for each entry point that uses ozone while the ozonation system is operating under normal conditions.
(B) Reduced monitoring.
(I) Until March 31, 2009, systems shall reduce monitoring for bromate from monthly to quarterly if the average source water bromide concentration is less than 0.05 mg/L based upon representative monthly bromide measurements for 1 year. Systems on reduced monitoring shall continue monthly source water bromide monitoring. If the running annual average source water bromide concentration, computed quarterly, is equal to or exceeds 0.05 mg/L, the system shall revert to routine monitoring as prescribed by clause (A).
(II) Beginning April 1, 2009, a system required to analyze for bromate may reduce monitoring from monthly to quarterly, if each sample result analyzed using methods specified in 40 CFR 141.132(b)(3)(ii)(B) (relating to monitoring requirements) is less than or equal to 0.0025 mg/L based on monthly measurements as prescribed in clause (A) for the most recent 12 months. Systems qualifying for reduced bromate monitoring under subclause (I) may remain on reduced monitoring as long as each sample result analyzed using methods specified in 40 CFR 141.132(b)(3)(ii)(B) from the previous 12 months is less than or equal to 0.0025 mg/L. If any sample result exceeds 0.0025 mg/L, the system shall resume routine monitoring as prescribed under clause (A).
(xiii) Beginning April 28, 2018, a system that provides filtration of surface water or GUDI sources shall comply with the following:
(A) Maintain a residual at the entry point as specified in § 109.202(c)(1)(ii) (relating to State MCLs, MRDLs and treatment technique requirements).
(B) Monitor residual disinfectant concentration at the entry point in accordance with § 109.301(1)(i)(C).
(C) Report the results in accordance with § 109.701(a)(2).
(xiv) Beginning April 28, 2018, a system that uses or obtains finished water from another permitted public water system using surface water or GUDI sources shall comply with the following requirements:
(A) As a minimum, a detectable residual disinfectant concentration of 0.20 mg/L measured as total chlorine, combined chlorine, chlorine dioxide or another level approved by the Department for systems using an alternate oxidizing disinfection treatment shall be maintained at the entry point as demonstrated by monitoring conducted under § 109.301(1) and (2) or (8)(v).
(B) Sampling points with nondetectable residual disinfectant concentrations which have heterotrophic plate count measurements of less than 500/ml are deemed to be in compliance with clause (A).
(C) When the requirements of clause (A) or (B) cannot be achieved, the supplier shall initiate an investigation under the Department's direction to determine the cause, potential health risks and appropriate remedial measures.
(2) Vended water systems shall monitor in accordance with paragraph (1) except that vended water systems qualifying for permit by rule under § 109.1005(b), for each entry point shall:
(i) Monitor monthly for microbiological contaminants.
(ii) Monitor annually for total dissolved solids, lead and cadmium.
(iii) Conduct special monitoring as required by the Department.
(iv) Beginning April 28, 2018, a system that obtains finished water from another permitted public water system using surface water or GUDI sources shall also monitor in accordance with paragraph (1)(xiv).
(b) Sampling requirements.
(1) For bottled water and vended water systems, retail water facilities and bulk water hauling systems, samples taken to determine compliance with subsection (a) shall be taken from each entry point.
(i) For bottled water systems, each entry point means each finished bottled water product. If multiple sources are used for a product and are not blended prior to bottling, the bottled water product for each source shall be considered a different product for monitoring purposes.
(ii) For bulk water hauling systems, retail water facilities and vended water systems, each entry point shall mean a point of delivery to the consumer from each carrier vehicle, machine or dispenser representative of each source.
(2) For the purpose of determining compliance with the monitoring and analytical requirements established under this subchapter, the Department will consider only those samples analyzed by a laboratory accredited by the Department, except that measurements of turbidity, fluoridation operation, residual disinfectant concentration, daily chlorite, temperature and pH may be performed by a person meeting the requirements of § 109.1008(c) (relating to system management responsibilities).
(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.
(4) Compliance monitoring samples for VOCs, as required under subsection (a)(1)(iii), shall be collected by a person properly trained by a laboratory certified by the Department to conduct VOC or vinyl chloride analysis.
(5) Compliance monitoring samples required under subsection (a)(1)(iii) may be composited in accordance with 40 CFR 141.24(g)(7) (relating to organic chemicals, sampling and analytical requirements) except:
(i) Samples from groundwater entry points may not be composited with samples from surface water entry points.
(ii) Samples from one type of bottled water product or vended water product may not be composited with samples from another type of bottled water product or vended water product.
(iii) Samples used in compositing shall be collected in duplicate.
(iv) If a VOC listed under 40 CFR 141.61(a) is detected at an entry point, samples from that entry point may not be composited for subsequent compliance or repeat monitoring requirements.
(v) Samples obtained from an entry point which contains water treated by a community water supplier or nontransient noncommunity water supplier to specifically meet an MCL for a VOC listed under 40 CFR 141.61(a) may not be composited with other entry point samples.
(6) 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.
(c) Repeat monitoring for microbiological contaminants.
(1) If a sample collected in accordance with subsection (a)(1)(i) or (2)(i) is found to be total coliform-positive:
(i) The bottled water system shall collect a set of three additional samples (check) from the same lot or batch of the type of product.
(ii) The vended water, retail water facility or bulk water hauling systems shall collect a set of three additional samples (check) from the same entry point (machine, point of delivery or carrier vehicle).
(2) Samples shall be collected for analysis within 24 hours of being notified of the total coliform-positive sample. The Department may extend this 24-hour collection limit to a maximum of 72 hours if the system adequately demonstrates a logistical problem outside the system's control in having the check samples analyzed within 30 hours of collection. A logistical problem outside the system's control may include a coliform-positive result received over a holiday or weekend in which the services of a Department certified laboratory are not available within the prescribed sample holding time.
(3) At a minimum, the system shall collect one set of check samples for each total coliform-positive routine sample. If a check sample is total coliform-positive, the public water system shall collect additional check samples in the manner specified in this subsection. The system shall continue to collect check samples until either total coliforms are not detected in a set of check samples, or the system determines that an assessment has been triggered under § 109.202(c)(4).
(d) A bulk water hauling system that serves at least 25 of the same persons year around. A bulk water hauling system that is determined by the Department to serve at least 25 of the same persons year round shall also comply with the monitoring requirements for community water systems in accordance with § 109.301.
(e) A bulk water hauling system, vended water system or retail water facility that serves at least 25 of the same persons over 6 months per year. A bulk water hauling system, vended water system or retail water facility that is determined by the Department to serve at least 25 of the same persons over 6 months per year shall also comply with the monitoring requirements for nontransient noncommunity water systems in accordance with § 109.301.
(f) Additional monitoring requirements for surface water and GUDI sources. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall comply with the monitoring requirements under Subchapter L (relating to long-term 2 enhanced surface water treatment rule).
(g) Additional monitoring requirements for groundwater sources. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall comply with the monitoring requirements under Subchapter M (relating to additional requirements for groundwater sources).
(h) Compliance determinations. Compliance with MCLs, MRDLs and treatment techniques shall be determined in accordance with §§ 109.202 and 109.301.
(i) Special monitoring requirements. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall comply with § 109.302 (relating to special monitoring requirements).
§ 109.1004. Public notification.
(a) General public notification requirements. A bottled water supplier shall give public notification in accordance with this section. A bulk water hauler, vended water supplier or retail water supplier shall give public notification in accordance with Subchapter D (relating to public notification). For the purpose of establishing a bulk hauling, vended or retail water supplier's responsibilities under Subchapter D, a bulk water supplier shall comply with the public notification requirements specified for a community water system and a vended or retail water supplier shall comply with the public notification requirements specified for a noncommunity water system.
(1) A bottled water supplier who knows that a primary MCL or an MRDL has been exceeded or treatment technique performance standard has been violated or has reason to believe that circumstances exist which may adversely affect the quality of drinking water, including, but not limited to, source contamination, spills, accidents, natural disasters or breakdowns in treatment, shall report the circumstances to the Department within 1 hour of discovery of the problem.
(2) If the Department determines, based upon information provided by the bottled water supplier or other information available to the Department, that the circumstances present an imminent hazard to the public health, the water supplier shall issue a water supply warning approved by the Department and, if applicable, initiate a program for product recall approved by the Department under this subsection. The water supplier shall be responsible for disseminating the notice in a manner designed to inform users who may be affected by the problem.
* * * * * § 109.1008. System management responsibilities.
* * * * * (b) Operation and maintenance plan requirements. Bottled water, vended water, retail water and bulk water suppliers shall develop an operation and maintenance plan for each system. The operation and maintenance plan shall conform to the guidelines contained in Part III of the Department's Public Water Supply Manual which is available from the Bureau of Safe Drinking Water, Post Office Box 8467, Harrisburg, Pennsylvania 17105-8467. The water supplier shall implement the operation and maintenance plan in accordance with this chapter, and if appropriate in accordance with accepted practices of the bottled water, vended water, retail water facility or bulk water hauling industry. The plan shall be reviewed and updated as necessary to reflect changes in the operation or maintenance of the water system. The plan shall be bound and placed in locations which are readily accessible to the water system's personnel, and shall be presented upon request to the Department.
(c) Operator requirements. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall have competent personnel qualified to operate and maintain the system's facilities.
(d) Annual system evaluation requirements. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall conduct an evaluation of the water system at least annually that includes the activities listed in paragraphs (1)—(4). A bottled water, vended water, bulk water hauling system or retail water facility obtaining finished water from a permitted public water system is not required to perform the activities in paragraphs (1) and (2) if the Department determines that there are no potential problems necessitating inspection and evaluation of the source.
(1) Watershed surveillance consisting of an inspection of portions of the drainage area necessary to identify and evaluate actual and probable sources of contamination.
(2) Evaluation of source construction and protection and, when appropriate, withdrawal 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.
(e) Emergency response requirements.
(1) A bottled water, vended water, retail water or bulk water supplier who knows or has reason to believe that circumstances exist which may adversely affect the quality of drinking water supplied by the system, shall notify the Department immediately under § 109.1004 (relating to public notification).
(2) The bottled water, vended water, retail water or bulk water supplier shall develop a plan for product recall under emergency circumstances, and submit the plan to the Department for approval. The plan shall:
(i) Identify detailed procedures for implementing product recalls, including emergency communications and notifications.
(ii) Be kept on file in a readily accessible location by the bottled water, vended water, retail water or bulk water supplier.
(iii) Be reviewed and updated at least annually. A copy of the update shall be included in the annual water supply report to the Department under this section.
(f) Cross-connection control program. At the direction of the Department, the bottled water, vended water, retail water or bulk water supplier shall develop and implement a comprehensive control program for the elimination of existing cross-connections or the effective containment of sources of contamination, and prevention of future cross-connections. A description of the program, including the following information, shall be submitted to the Department for approval:
(1) A description of the methods and procedures to be used.
(2) An implementation schedule for the program.
(3) A description of the methods and devices which will be used to protect the water system.
(g) Level 1 and Level 2 assessments. Bottled water systems, vended water systems, retail water facilities and bulk water hauling systems shall comply with the requirements of § 109.705(b) (relating to system evaluations and assessments). Bottled water systems, vended water systems, retail water facilities and bulk water hauling systems may use a Nationally-recognized organization which inspects bottled water systems for compliance with 21 CFR Part 129, such as NSF, or another organization, state or country which utilizes an inspection protocol as stringent as NSF's protocols to conduct the Level 2 assessment.
(h) Seasonal systems. A bottled water system, vended water system, retail water facility or bulk water hauling system that operates as a seasonal system shall comply with the requirements of § 109.715 (relating to seasonal systems).
(i) Significant deficiencies. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall comply with § 109.705(d) and (e).
(j) Stage 2 Disinfectants/Disinfection Byproducts Rule monitoring plan and operational evaluation levels. A bulk water hauling system, vended water system or retail water facility that is determined by the Department to meet the definition of a community or nontransient noncommunity public water system and that uses a chemical disinfectant or that obtains finished water from another public water system that uses a chemical disinfectant or oxidant shall comply with § 109.701(g)(2).
Subchapter K. LEAD AND COPPER § 109.1103. Monitoring requirements.
* * * * * (c) Follow-up monitoring after construction or modification of corrosion control treatment facilities. A system which completes construction or modification of corrosion control treatment facilities in accordance with § 109.1102(b)(2) shall conduct the applicable monitoring specified in this subsection. A system which exceeds the lead action level after construction or modification of corrosion control treatment facilities shall begin lead service line replacement in accordance with § 109.1107(d) (relating to system management responsibilities).
(1) Lead and copper tap monitoring. A system shall monitor for lead and copper at the tap during each specified monitoring period at the number of sample sites specified in subsection (a)(1)(v).
(i) A large water system shall monitor during each of two consecutive 6-month monitoring periods beginning no later than January 1, 1997. Following completion of this monitoring, but no later than January 31, 1998, the water supplier shall submit a request for the Department to designate optimal corrosion control treatment performance requirements for the system. Upon approval of the request, the Department will designate water quality parameter performance requirements in accordance with § 109.1102(b)(5) or source water treatment performance requirements in accordance with § 109.1102(b)(4), or both. The water supplier may request, and the Department may designate, performance requirements before the system completes the monitoring for both monitoring periods if the system has never exceeded an action level and the system demonstrates in its request that optimal corrosion control treatment has been achieved. After the Department has designated performance requirements, the system shall monitor in accordance with subsection (d)(1).
(ii) A small or medium water system shall monitor during each of two consecutive 6-month monitoring periods beginning no later than 60 months from the end of the monitoring period in which the action level was exceeded. The water supplier shall submit within 30 days of the end of the second monitoring period a request for the Department to designate optimal corrosion control treatment performance requirements for the system. Upon approval of the request, the Department will designate water quality parameter performance requirements in accordance with § 109.1102(b)(5) or source water treatment performance requirements in accordance with § 109.1102(b)(4). A small or medium water system that does not exceed the lead and copper action levels during each of two consecutive 6-month monitoring periods may reduce the number of sample sites and reduce the frequency of sampling to once per year in accordance with subsection (e)(1)(i). Systems not eligible for reduced monitoring under subsection (e)(1) shall monitor in accordance with subsection (d)(1).
(2) Water quality parameter monitoring. A system shall monitor for the applicable water quality parameters specified in subparagraph (iii) in the distribution system during each specified monitoring period at the number of sites specified in subsection (a)(2)(ii) and at each entry point at least once every 2 weeks.
(i) A large water system shall measure the water quality parameters during each of the two consecutive 6-month monitoring periods in which the system conducts lead and copper tap monitoring under paragraph (1)(i).
(ii) A small or medium water system which is conducting lead and copper tap monitoring in accordance with paragraph (1)(ii) shall measure the water quality parameters during each 6-month monitoring period in which the system exceeds either the lead or copper action level. Distribution system monitoring shall be conducted once during the monitoring period and biweekly entry point monitoring shall continue as long as the system exceeds the action level.
(iii) The water quality parameters shall be measured as follows:
(A) At sites within the distribution system, two sets of samples taken on different days from the same sample sites for:
(I) pH.
(II) Alkalinity.
(III) Orthophosphate, when an inhibitor containing a phosphate compound is used.
(IV) Silica, when an inhibitor containing a silicate compound is used.
(V) Calcium, when calcium carbonate stabilization is used as part of corrosion control.
(B) At each entry point, one set of samples every 2 weeks for:
(I) pH.
(II) When alkalinity is adjusted as part of corrosion control treatment, a reading of the dosage rate of the chemical used to adjust the alkalinity, and the alkalinity concentration.
(III) When a corrosion inhibitor is used as part of corrosion control treatment, a reading of the dosage rate of the inhibitor used, and the concentration of orthophosphate or silica, whichever is applicable.
(3) Source water monitoring. A system which installs source water treatment under § 109.1102(b)(4) shall monitor the source water at source water treatment entry points for the parameters for which the source water treatment was installed. The system shall monitor source water during the two consecutive 6-month monitoring periods specified in paragraph (1). Other systems which exceed either the lead or copper action level while conducting lead and copper tap monitoring in accordance with paragraph (1) shall collect one source water sample from each entry point within 6 months after the end of the monitoring period in which the action level was exceeded for the parameters exceeding the action level.
(d) Monitoring after performance requirements are established. A system shall conduct the applicable monitoring under this subsection beginning no later than the next 6-month monitoring period that begins on January 1 or July 1 following the Department's designation of optimal corrosion control treatment water quality parameter performance requirements under § 109.1102(b)(5) or source water performance requirements under § 109.1102(b)(4). A system which exceeds the lead action level after construction or modification of corrosion control treatment facilities shall begin lead service line replacement in accordance with § 109.1107(d).
* * * * * (e) Reduced monitoring.
* * * * * (3) Reduced monitoring revocation.
(i) Reduced monitoring revocation for large water systems. A large water system authorized to conduct reduced monitoring under this subsection that fails to meet the lead or copper action level during any 4-month monitoring period or that fails to operate within the range of performance requirements for the water quality parameters specified by the Department under § 109.1102(b)(5) on more than any 9 days in a 6-month period shall comply with the following:
(A) The water supplier shall resume lead and copper tap monitoring in accordance with subsection (d)(1).
(B) The water supplier shall resume water quality parameter distribution sampling in accordance with the number and frequency requirements specified in subsection (d)(2).
(I) A large system may resume annual monitoring for water quality parameters at the tap at the reduced number of sites specified in paragraph (2) after it has completed two subsequent consecutive 6-month rounds of monitoring that meet the criteria of paragraph (2)(i).
(II) A large system may resume triennial monitoring for water quality parameters at the tap at the reduced number of sites specified in paragraph (2) after it demonstrates through subsequent rounds of monitoring that it meets the criteria of paragraph (2)(ii).
(C) If either the lead or copper action level is exceeded, the water supplier shall conduct source water monitoring in accordance with subsection (d)(3). Monitoring is required only for the parameter for which the action level was exceeded. For systems on annual or less frequent monitoring, the end of the monitoring period is September 30 of the calendar year in which sampling occurs, or, if the Department has designated an alternate monitoring period, the end of the monitoring period is the last day of the 4-month period in which sampling occurs.
(ii) Reduced monitoring revocation for small or medium water systems. A small or medium water system authorized to conduct reduced lead and copper tap monitoring under this subsection that fails to meet the lead or copper action level during any 4-month monitoring period, or a small or medium system that has installed corrosion control treatment in compliance with § 109.1102(b)(2) and that fails to operate within the range of performance requirements for the water quality parameters specified by the Department under § 109.1102(b)(5) on more than any 9 days in a 6-month period, shall comply with the following:
(A) The water supplier shall conduct water quality parameter monitoring during the monitoring period in which the action level is exceeded. The start of the 6-month monitoring period for the water quality parameter monitoring required under this clause must coincide with the start of the annual or triennial tap monitoring period in which the action level was exceeded.
(I) If the system has installed corrosion control treatment in compliance with § 109.1102(b)(2), water quality parameter monitoring shall be conducted in accordance with subsection (c)(2).
(II) If the system has not installed corrosion control treatment, water quality parameter monitoring shall be conducted in accordance with subsection (a)(2) and the system shall conduct corrosion control treatment activities in accordance with § 109.1102(b)(1)(i).
(B) The water supplier shall collect one source water sample from each entry point within 6 months of the end of the monitoring period in which the action level was exceeded. Monitoring is required only for the parameter for which the action level was exceeded. For systems on annual or less frequent monitoring, the end of the monitoring period is September 30 of the calendar year in which sampling occurs, or, if the Department has designated an alternate monitoring period, the end of the monitoring period is the last day of the 4-month period in which sampling occurs.
(C) If a system has installed corrosion control treatment in compliance with § 109.1102(b)(2), the water supplier shall resume lead and copper tap monitoring in accordance with subsection (d)(1).
(f) Additional monitoring by systems. The results of monitoring conducted at specified sites during specified monitoring periods in addition to the minimum requirements of this section shall be considered by the system and the Department in making determinations—such as calculating the 90th percentile lead or copper action level or determining concentrations of water quality parameters—under this subchapter.
(g) Sample site location plan. The water supplier shall complete a sample site location plan which includes a materials evaluation of the distribution system, lead and copper tap sample site locations, water quality parameter sample site locations and certification that proper sampling procedures are used. The water supplier shall complete the steps in paragraphs (1)—(3) by the applicable date for commencement of lead and copper tap monitoring under subsection (a)(1) and the step in paragraph (4) following completion of the monitoring. The water supplier shall keep the sample site location plan on record and submit the plan to the Department in accordance with § 109.1107(a)(1).
(1) Materials evaluation. A system shall review the following sources of information in order to identify a sufficient number of lead and copper tap sampling sites.
(i) Plumbing codes, permits and records in the files of the building departments of each municipality served by the system which indicate the plumbing materials that are installed within structures connected to the distribution system.
(ii) Inspections and records of the distribution system that indicate the material composition of the service connections that connect a structure to the distribution system.
(iii) Existing water quality information, which includes the results of prior analyses of the system or individual structures connected to the system, indicating locations that may be particularly susceptible to high lead or copper concentrations.
(2) Lead and copper tap sample site selection. Lead and copper tap sampling sites are classified as tier 1, tier 2 or tier 3. Tier 1 sites are the highest priority sample sites.
(i) Site selection for community water systems. The water supplier shall select all tier 1 sample site locations, if possible. A community water system with an insufficient number of tier 1 sampling sites shall complete its sampling pool with tier 2 sites. Tier 3 sites shall be used to complete the sampling pool if the number of tier 1 and tier 2 sites is insufficient. If the system has an insufficient number of tier 1, tier 2 and tier 3 sites, the water supplier shall sample from other representative sites throughout the distribution system in which the plumbing materials used at the site would be commonly found at other sites served by the system.
(A) Tier 1 sampling sites shall consist of single family structures that have one or more of the following:
(I) Copper pipes with lead solder installed after 1982.
(II) Lead pipes.
(III) Lead service line.
(B) When multiple-family residences comprise at least 20% of the structures served by a water system, the system may consider a representative number of these types of structures as tier 1 sites in its sampling pool, if they meet the other criteria in clause (A).
(C) Tier 2 sampling sites shall consist of buildings, including multifamily residences, that have one or more of the following:
(I) Copper pipes with lead solder installed after 1982.
(II) Lead pipes.
(III) Lead service line.
(D) Tier 3 sampling sites shall consist of single family structures, constructed as a single family residence and currently used as either a residence or business, that contain copper pipes with lead solder installed before 1983.
(ii) Site selection for nontransient noncommunity water systems.
(A) The water supplier shall select all tier 1 sample site locations, if possible. A nontransient noncommunity water system with an insufficient number of tier 1 sampling sites shall complete its sampling pool with sampling sites that contain copper pipes with lead solder installed before 1983. If additional sites are needed to complete the sampling pool, the system shall use representative sites throughout the distribution system in which the plumbing materials used at the site would be commonly found at other sites served by the system.
(B) Tier 1 sampling sites shall consist of buildings that have one or more of the following:
(I) Copper pipes with lead solder installed after 1982.
(II) Lead pipes.
(III) Lead service line.
(iii) Site selection for community and nontransient noncommunity water systems that have fewer than five taps. A system that has fewer than five taps that can be used for drinking water that meet the sample site criteria specified in this paragraph shall collect at least one sample from each tap and then collect additional samples from those taps on different days during the monitoring period to meet the required number of sites.
(iv) Site selection for community and nontransient noncommunity facilities that operate continuously. A community water system meeting the conditions in § 109.1104(a)(2)(i)(I), or a nontransient noncommunity water system, that operates continuously and that has an insufficient number of taps commonly used for drinking water to take each first-draw sample from a different tap, may apply to the Department, in writing, to substitute nonfirst-draw samples. Upon approval by the Department in writing, these systems shall collect as many first-draw samples as possible from taps that can be used for drinking water that meet the sample site criteria specified in this paragraph. The remaining samples shall be collected at the times and from the sites identified with the longest standing times. Nonfirst-draw samples must be 1-liter in volume and collected from an interior tap that is typically used to provide water for human consumption.
(v) Sample sites with lead service lines. A system that has a distribution system containing lead service lines shall draw 50% of the samples it collects during each monitoring period from sites that contain lead pipes or copper pipes with lead solder, and 50% of the samples it collects during each monitoring period from sites served by a lead service line. If a water system cannot identify a sufficient number of sampling sites served by a lead service line, the system shall collect first draw samples from each site identified as being served by a lead service line.
* * * * * (k) Monitoring waivers for small systems. A small system that meets the criteria of this subsection may apply to the Department to reduce the frequency of monitoring for lead and copper under this section to once every 9 years if it meets all of the materials criteria specified in paragraph (1) and all of the monitoring criteria specified in paragraph (2). A system that meets the criteria in paragraphs (1) and (2) only for lead, or only for copper, may apply to the Department for a waiver to reduce the frequency of tap water monitoring to once every 9 years for that contaminant only.
(1) Materials criteria. The system shall demonstrate that its distribution system, service lines and all drinking water plumbing, including plumbing conveying drinking water within all residences and buildings connected to the system, are free of lead-containing materials or copper-containing materials or both as follows:
(i) Lead. To qualify for a waiver of tap monitoring requirements for lead, the system shall provide certification and supporting documentation to the Department that the system is free of all lead-containing materials as follows:
(A) It contains no plastic pipes which contain lead plasticizers, or plastic service lines which contain lead plasticizers.
(B) It is free of lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze alloy fittings and fixtures, unless the fittings and fixtures meet the specifications of any standard established under 42 U.S.C.A. § 300g-6(e) (relating to plumbing fittings and fixtures).
(ii) Copper. To qualify for a waiver of the tap water monitoring requirements for copper, the system shall provide certification and supporting documentation to the Department that the system contains no copper pipes or copper service lines.
(2) Monitoring criteria for waiver issuance. The system shall have completed at least one 6-month round of routine tap water monitoring for lead and copper at sites approved by the Department and from the number of sites as required under subsection (a)(1)(v). The system shall demonstrate that the 90th percentile levels for all rounds of monitoring conducted since the system became free of all lead-containing or copper-containing materials, as appropriate, meet the following criteria:
(i) Lead levels. To qualify for a waiver of the lead tap monitoring, the system shall demonstrate that the 90th percentile lead level does not exceed 0.005 mg/L.
(ii) Copper levels. To qualify for a waiver of the copper tap monitoring, the system shall demonstrate that the 90th percentile copper level does not exceed 0.65 mg/L.
(3) Department approval of waiver application. The Department will notify the system of its waiver determination, in writing, setting forth the basis of the decision and any condition of the waiver. A system shall continue monitoring for lead and copper at the tap as required by this section until it receives written notification from the Department that the waiver has been approved.
(4) Monitoring frequency for systems with waivers.
(i) A system shall conduct tap water monitoring for the contaminant waived in accordance with subsection (e)(1)(iii) at the reduced number of sites identified in subsection (e) at least once every 9 years and provide the materials certification specified in paragraph (1) for the contaminants waived along with the monitoring results. Monitoring shall be conducted during the last year of each 9-year compliance cycle—for example 2010, 2019, 2028 and so forth.
(ii) A system shall continue to monitor for any nonwaived contaminants in accordance with subsection (a)(1), as appropriate.
(iii) A system with a waiver shall notify the Department, in writing, within 60 days after becoming aware that it is no longer free of lead-containing or copper-containing materials, as appropriate, as a result of new construction or repair.
(5) Continued eligibility. If the system continues to satisfy the requirements of paragraph (4), the waiver will be renewed automatically unless any of the conditions listed in subparagraph (i)—(iii) occurs. A system whose waiver has been revoked may reapply for a waiver when it again meets the appropriate materials and monitoring criteria of paragraphs (1) and (2).
(i) A system with a lead waiver no longer satisfies the materials criteria of paragraph (1)(i) or has a 90th percentile lead level greater than 0.005 mg/L.
(ii) A system with a copper waiver no longer satisfies the materials criteria of subsection (k)(1)(ii) or has a 90th percentile copper level greater than 0.65 mg/L.
(iii) The Department notifies the system, in writing, that the waiver has been revoked.
(6) Requirements following waiver revocation. A water system whose waiver has been revoked is subject to the corrosion control treatment, and lead and copper tap water monitoring requirements as follows:
(i) If the system exceeds the lead or copper, or both, action level, the system shall implement corrosion control treatment in accordance with § 109.1102(b), and any other applicable requirements of this subchapter.
(ii) If the system meets both the lead and copper action levels, the system shall monitor for lead and copper at the tap no less frequently than once every 3 years in accordance with the frequency, timing and the reduced number of sample sites specified in subsection (e).
§ 109.1107. System management responsibilities.
* * * * * (d) Lead service line replacement.
(1) Initiation of lead service line replacement. A system that exceeds the lead action level when conducting lead and copper tap monitoring in accordance with § 109.1103(c)(1) or (d)(1) after construction or modification of corrosion control treatment facilities shall initiate lead service line replacement. The first year of lead service line replacement begins on the first day following the end of the monitoring period in which the action level was exceeded. If monitoring is required annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which sampling occurred. If the Department has designated an alternate monitoring period in writing, the end of the monitoring period is the last day of the designated alternate monitoring period.
(2) Replacement schedule. The water supplier shall replace annually at least 7% of the initial number of lead service lines in place at the beginning of the first year of replacement. The number of lead service lines shall be based on the materials evaluation conducted in accordance with § 109.1103(g)(1). The Department may require a system to replace lead service lines on a shorter schedule where, because of the number of lead service lines in the system, a shorter replacement schedule is feasible. The Department will notify the water supplier in writing within 6 months of the initiation of lead service line replacement of its decision to require a shorter replacement schedule.
(3) Lead service line sampling. The water supplier may sample an individual lead service line to determine whether the line is contributing sufficient lead to warrant its replacement. Lead service lines shall be sampled in accordance with § 109.1103(h)(5). The water supplier is not required to replace a lead service line if none of the lead concentrations in any service line samples from that line exceeds 0.015 mg/L.
(4) Conditions of replacement. The water supplier shall replace the portion of the lead service line that it owns. In cases where the system does not own the entire lead service line, the system shall notify the owner of the line, or the owner's authorized agent, that the system will replace the portion of the service line that the system owns and shall offer to replace the owner's portion of the line. A system is not required to bear the cost of replacing the privately-owned portion of the line or to replace the privately-owned portion of the line if the owner refuses to pay for the cost of replacement of the privately owned portion of the line, or if any laws prohibit this replacement. A system that does not replace the entire length of service line shall complete the following tasks:
* * * * *
Subchapter L. LONG-TERM 2 ENHANCED SURFACE WATER TREATMENT RULE § 109.1202. Monitoring requirements.
(a) Initial round of source water monitoring. A system shall conduct the following monitoring on the schedule in subsection (c) unless it meets the monitoring exemption criteria in subsection (d):
(1) Filtered systems serving at least 10,000 people shall sample their source water for Cryptosporidium, E. coli and turbidity at least monthly for 24 months.
(2) Unfiltered systems serving at least 10,000 people shall sample their source water for Cryptosporidium at least monthly for 24 months.
(3) Filtered systems serving less than 10,000 people shall sample their source water for E. coli at least once every 2 weeks for 12 months. A filtered system serving less than 10,000 people may avoid E. coli monitoring if the system notifies the Department that it will monitor for Cryptosporidium as described in paragraph (4). The system shall notify the Department no later than 3 months prior to the date the system is otherwise required to start E. coli monitoring under subsection (c).
(4) Filtered systems serving less than 10,000 people shall sample their source water for Cryptosporidium at least twice per month for 12 months or at least monthly for 24 months if they meet one of the following subparagraphs, based on monitoring conducted under paragraph (3):
(i) For systems using lake/reservoir sources, the annual mean E. coli concentration is greater than 100 E. coli/100 mL.
(ii) For systems using flowing stream sources, the annual mean E. coli concentration is greater than 100 E. coli/100 mL.
* * * * * (i) Source water sample collection period. Systems shall collect samples within 2 days before or 2 days after the dates indicated in their sampling schedule (that is, within a 5 day period around the schedule date) unless one of the conditions of paragraph (1) or (2) applies.
* * * * *
Subchapter M. ADDITIONAL REQUIREMENTS FOR GROUNDWATER SOURCES § 109.1302. Treatment technique requirements.
(a) Community groundwater systems. Community groundwater systems are required to provide continuous disinfection under § 109.202(c)(3) (relating to State MCLs, MRDLs and treatment technique requirements) and in addition shall:
* * * * *
[Pa.B. Doc. No. 18-667. Filed for public inspection April 27, 2018, 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.
