[48 Pa.B. 4974]
[Saturday, August 18, 2018]

[Continued from previous Web Page]

Option A—Monitor/alarm system with standard dial-up phone line and phonetics alarm dialer

 1) One alarm control device with analog inputs for EP chlorine residual, CFE and IFE turbidity, and water levels needed to maintain adequate Giardia CT.

 2) One Phonetics eight-channel alarm auto-dialer with power supply and battery backup. Requires standard dial-up telephone line connected to alarm dialer. Provides voice message alarm only.

 3) One system wiring diagram—custom wiring diagram for specific analyzer types in use at owner's site. Exact terminal numbers will be provided based on owner's equipment to allow installation by local electrical contractor.

 4) Furnish onsite calibration, programming and alarm configuration for all equipment and provide full onsite testing for all equipment including alarm testing and dial-out for plant designated phone numbers or pager numbers, or both.

 5) Provide onsite operator training on maintenance and standardization of this equipment.

 6) Four operation and maintenance manuals with complete instruction manuals for the system.

Total system price: $8,860
Delivery: 2-3 weeks (standard delivery)
Estimated installation cost: $2,000
Deduct for use of owner furnished alarm dialer: ($1,400)

Option B—Monitor/alarm system with standard dial-up phone line and alarm dialer

 1) One alarm control device with analog inputs for EP chlorine residual, CFE and IFE turbidity, and water levels needed to maintain adequate Giardia CT.

 2) One eight-channel alarm auto-dialer with power supply and battery backup. Requires standard dial-up telephone line connected to alarm dialer. Provides voice message alarm only.

 3) One system wiring diagram—custom wiring diagram for specific analyzer types in use at owner's site. Exact terminal numbers will be provided based on owner's equipment to allow installation by local electrical contractor.

 4) Furnish onsite calibration, programming and alarm configuration for all equipment and provide full onsite testing for all equipment including alarm testing and dial-out for plant designated phone numbers or pager numbers, or both.

 5) Provide onsite operator training on maintenance and standardization of this equipment.

 6) Four operation and maintenance manuals with complete instruction manuals for the system.

Total system price: $9,980
Delivery: 2-3 weeks (standard delivery)
Estimated installation cost: $2,000
Deduct for use of owner furnished alarm dialer: ($2,500)

Option C—Monitor/alarm system with cellular alarm dialer

 1) One alarm control device with analog inputs for EP chlorine residual, CFE and IFE turbidity, and water levels needed to maintain adequate Giardia CT.

 2) One cellular alarm notification system with eight-channel alarm input with power supply and battery backup. A dial-up telephone line is not required. Provides text and e-mail alarm notification.

 3) One system wiring diagram—custom wiring diagram for specific analyzer types in use at owner's site. Exact terminal numbers will be provided based on owner's equipment to allow installation by local electrical contractor.

 4) Furnish onsite calibration, programming and alarm configuration for all equipment and provide full onsite testing for all equipment including alarm testing and dial-out for plant designated phone numbers or pager numbers, or both

 5) Provide onsite operator training on maintenance and standardization of this equipment.

 6) Four operation and maintenance manuals with complete instruction manuals for the system.

Total system price: $9,700
Delivery: 2-3 weeks (standard delivery)
Estimated installation cost: $2,000

 The Department estimates that 10% of the 353 filter plants in this Commonwealth will need to install a controller. The cumulative installation cost for an estimated 35 filter plants to comply with automated alarms and shutdown capability is estimated to be between $380,100 and $419,300.

 Strengthened system resiliency through auxiliary power or alternate provisions. All CWSs will be required to review their existing emergency response plan and equipment to complete a USSP, using the form provided by the Department, to provide a consistent supply of adequate quantity and quality of water during emergency situations. The Department estimates that 400 CWSs do not even have an updated emergency response plan. CWSs that do not have a functional generator or do not have existing capability to meet this requirement through the alternate provision options may need to purchase a generator. The generator should be adequately sized so that it can supply power to critical treatment components necessary to supply safe and potable water. Therefore, the cost of the generator will be proportional to the size of the system (in other words, less expensive for small systems). It is difficult to predict system specific costs because of the various options to comply with the revisions. Estimates for small systems are $3,000 to $4,000 for the installation of a transfer switch, generator and concrete pad. Small systems may also explore the lower cost option to rent a portable generator for the following costs: compact portable generator = $70/day (daily rental cost) or $35/day (weekly rental cost); mobile towable generator = $320/day (daily rental cost) or $140/day (weekly rental cost). Costs for medium and large systems could range from $50,000 to $200,000 per treatment plant. Not all systems will require auxiliary power. Some systems may already meet reliability criteria through storage or interconnections. Several Mid-Atlantic states have already moved forward with mandatory requirements for auxiliary power supply, including New Jersey, New York and Connecticut.

 To accommodate the variety of system specific differences that shall be addressed, the Department has included the option to submit a schedule for necessary improvements which have not been completed by the compliance deadlines in § 109.708(a) for submittal of the USSP. More specifically, this new approach requires certification of completion of the USSP form provided by the Department by the deadlines in § 109.708(a). However, if the USSP identifies that deficiencies exist which prevent a continuous supply of safe and potable water as specified in § 109.708(a), and the community water supplier has not addressed those deficiencies by the deadline for USSP submittal, a schedule will need to be submitted within 6 months which includes detailed corrective actions and corresponding completion dates. These significant revisions will help enable the cost for compliance with these provisions to be spread out over a longer period of time. Additionally, these revisions will provide water suppliers with even more flexibility in choosing the approach that best suits their particular water system, and adequate time to implement that plan in the most effective manner.

 An estimated 30% of small systems (<3,300) or 485 systems may need to use rental services for a portable generator or install a back-up power supply. Assuming that 50% of the small systems will rent a generator and 50% will install their own equipment, the cumulative cost is estimated to be $1,115,620. The estimate for medium and large systems is that 20% or 65 systems may need to install a back-up power supply at a cumulative cost of $8.125 million Between proposed and final-form rulemaking, the Department expanded the combination of alternate provisions systems may use and included more flexibility to potentially spread the cost of compliance over a longer time period. Therefore, the cost estimates have been spread out over an anticipated 5-year period. Refer to the Regulatory Analysis Form for this final-form rulemaking for more information about estimated costs and savings.

 Cost savings of avoiding interruption of continuous supply of safe and potable water were evaluated using the Water Health and Economic Analysis Tool software developed by the EPA. The Department ran the model for a scenario of a water system serving 2,500 customers and experiencing a water outage for 2 days. The model outcomes regarding economic consequences are summarized as follows:

 • The value of water sales that would have occurred if there was not a disruption in water service is estimated to be $2,891.

 • The value of additional operating costs incurred during the event, which may include bottled/replacement water, equipment, other remediation or miscellaneous costs is estimated at $24,775.

 • Total economic impact on the water utility due to the 2-day outage (sum of the previous losses) is estimated at $27,666.

 • Regional economic consequences for this same event are estimated at $926,486. This is the total value of economic activity lost among businesses directly affected by the water service disruption due to the contraction in business activity during the 2-day event.

 If the water utility complies with the revisions, the potential cost savings for this 2-day outage, offsetting the costs to install additional auxiliary power, emergency interconnections with neighboring water systems or finished water storage, or both, were previously summarized. These costs would increase with each additional day that the water outage continues.

 Additional costs savings to water systems and customers will be the prevention of dewatering of the distribution system piping and protection from damage to collapsed water lines (due to lack of ability to provide adequate quantity water to maintain positive pressure).

 An estimated 250 BWAs occur each year and 25% or 63 BWAs are caused by water supply disruptions. The total annual cost savings to the regulated water systems is estimated at $1,742,958. However, the regional economic cost savings to businesses is estimated at more than $58 million. These cost savings will off-set the costs of improving system resiliency.

Compliance Assistance Plan

 The Program uses the Commonwealth's Pennsylvania Infrastructure Investment Authority Program to offer financial assistance to eligible PWSs. This assistance is in the form of a low-interest loan, with some augmenting grant funds for hardship cases. Eligibility is based upon factors such as public health impact, compliance necessity, project affordability and operational affordability.

 The Program has established a network of regional office and Central Office training staff that is responsive to identifiable training needs. The target audience in need of training may be either program staff or the regulated community.

 In addition to this network of training staff, the Bureau of Safe Drinking Water has staff dedicated to providing training and outreach support services to PWS operators. The Department's web site also provides timely and useful information for treatment plant operators.

Paperwork Requirements

 Paperwork requirements include:

 • Updating a source water assessment report when a CWS's annual evaluation identifies changes to actual or potential sources of contamination.

 • Reporting a failure of alarm or shutdown equipment.

 • Developing and maintaining a distribution map for NCWSs.

 • Developing and maintaining a comprehensive monitoring plan.

 • For CWSs, completing the USSP form provided by the Department, which provides a form field template for a plan, and incorporating this completed plan into their existing emergency response plans. Water suppliers will also need to submit the accompanying USSP certification form to verify they have completed a USSP, and that it is available upon Department request.

 • For CWSs which have identified deficiencies in their ability to provide uninterrupted system service, but have not corrected these deficiencies by the deadlines specified in § 109.708(a) submitting a detailed corrective action plan and corresponding schedule.

G. Sunset Review

 The Board is not establishing a sunset date for these regulations since they are needed for the Department to carry out its statutory authority. The Department will continue to closely monitor these regulations for their effectiveness and recommend updates to the Board as necessary. Under this final-form rulemaking, the Department will evaluate the fees every 3 years and recommend amendments to address any disparity between Program income generated by the fees and the Department's cost of administering the Program.

H. Regulatory Review

 Under section 5(a) of the Regulatory Review Act, on August 9, 2017, the Department submitted a copy of the notice of proposed rulemaking, published at 47 Pa.B. 4986, to IRRC and the Chairpersons of the House and Senate Environmental Resources and Energy Committees for review and comment.

 Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing this final-form rulemaking, the Department has considered all comments from IRRC and the public.

 Under section 5.1(j.2) of the Regulatory Review Act (71 P.S. § 745.5a(j.2)), on June 27, 2018, this final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on June 28, 2018, and approved this final-form rulemaking.

I. Findings

 The Board finds that:

 (1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201 and 1202) and regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

 (2) A public comment period was provided as required by law, and all comments were considered.

 (3) These regulations do not enlarge the purpose of the proposal published 47 Pa.B. 4986.

 (4) These regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this order.

J. Order

 The Board, acting under the authorizing statutes, orders that:

 (a) The regulations of the Department, 25 Pa. Code Chapter 109, are amended by adding §§ 109.511, 109.717, 109.718 and 109.1401—109.1413, deleting § 109.305 and amending §§ 109.1, 109.5, 109.202, 109.204, 109.301—109.304, 109.416, 109.503, 109.505, 109.602, 109.606, 109.612, 109.701—109.706, 109.708, 109.713, 109.810, 109.1003, 109.1005, 109.1105, 109.1107, 109.1108, 109.1202—109.1204, 109.1206, 109.1302, 109.1303 and 109.1305—109.1307 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.

 (Editor's Note: Section 109.716 was added in the final-form rulemaking published at 48 Pa.B. 2509 (April 28, 2018). Therefore, proposed §§ 109.716 and 109.1017 are renumbered as §§ 109.717 and 109.718, respectively, in this final-form rulemaking.)

 (b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form, as required by law.

 (c) The Chairperson of the Board shall submit this order and Annex A to the IRRC and the House and Senate Committees as required by the Regulatory Review Act (71 P.S. §§ 745.1—745.14).

 (d) The Chairperson of the Board shall certify this order and Annex A, as approved for legality and form, and deposit them with the Legislative Reference Bureau, as required by law.

 (e) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.

PATRICK McDONNELL, 
Chairperson

 (Editor's Note: See 48 Pa.B. 4189 (July 14, 2018) for IRRC's approval order.)

 Fiscal Note: Fiscal Note 7-521 remains valid for the final adoption of the subject regulations.

Annex A

TITLE 25. ENVIRONMENTAL PROTECTION

PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION

Subpart C. PROTECTION OF NATURAL RESOURCES

ARTICLE II. WATER RESOURCES

CHAPTER 109. SAFE DRINKING WATER

Subchapter A. GENERAL PROVISIONS

§ 109.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

*  *  *  *  *

 Nontransient noncommunity water system—A noncommunity water system that regularly serves at least 25 of the same persons over 6 months per year.

 PDWEP—Guidelines for Public Drinking Water Equipment Performance issued by NSF.

 Person—An individual, partnership, association, company, corporation, municipality, municipal authority, political subdivision, or an agency of Federal or State government. The term includes the officers, employees and agents of a partnership, association, company, corporation, municipality, municipal authority, political subdivision, or an agency of Federal or State government.

*  *  *  *  *

 Source—The place from which water for a public water system originates or is derived, including, but not limited to, a well, spring, stream, reservoir, pond, lake or interconnection.

 Source water assessment—An evaluation documented in writing of the contamination potential of a drinking water source used by a public water system which includes identifying the contributing area to the water source, an inventory of potential contaminant sources and a determination of the susceptibility of the water source to contamination.

 Source water protection area—A surface water intake protection area or a wellhead protection area, or both.

 Source water protection program—A surface water intake protection program or a wellhead protection program, or both.

 Spent filter backwash water—A stream containing particles dislodged from filter media when the filter is backwashed to clean the filter.

 Substantial modification—A change in a public water system that may affect the quantity or quality of water served to the public or which may be prejudicial to the public health or safety and includes the addition of new sources; the expansion of existing facilities; changes in treatment processes; addition, removal, renovation or substitution of equipment or facilities; and interconnections.

 Surface water—Water open to the atmosphere or subject to surface runoff. The term does not include finished water.

 Surface water intake protection area—The surface and subsurface area surrounding a surface-water intake supplying a public water system through which contaminants are reasonably likely to move toward and reach the water source. A surface water intake protection area must consist of up to three zones:

 (i) Zone A. A 1/4-mile wide area inland from the edge of a waterway or surface water body and from an area 1/4-mile downstream of the intake to a 5-hour time-of-travel upstream.

 (ii) Zone B. A 2-mile wide area inland from the edge of a waterway or surface water body and extending upstream to the 25-hour time-of-travel.

 (iii) Zone C. For drainage basins greater than or equal to 100 square miles, the remainder of the upstream basin. Zone B and Zone C, if present, comprise the contributing area for the water source.

 Surface water intake protection program—A comprehensive program designed to protect each surface water source used by a public water system from contamination.

 System—

 (i) A group of facilities used to provide water for human consumption including facilities used for collection, treatment, storage and distribution. The facilities shall constitute a system if they are adjacent or geographically proximate to each other and meet at least one of the following criteria:

*  *  *  *  *

 Wellhead protection area—The surface and subsurface area surrounding a water well, well field, spring or infiltration gallery supplying a public water system, through which contaminants are reasonably likely to move toward and reach the water source. A wellhead protection area must consist of up to three zones:

 (i) Zone I. The protective zone immediately surrounding a well, spring or infiltration gallery which shall be a 100-foot-to-400-foot radius depending on site-specific source and aquifer characteristics.

 (ii) Zone II. The zone encompassing the portion of the aquifer through which water is diverted to a well or flows to a spring or infiltration gallery. Zone II shall be a 1/2-mile radius around the source unless a more detailed delineation is approved.

 (iii) Zone III. As hydrogeologic conditions warrant, the zone beyond Zone II that provides groundwater recharge to Zones I and II. Zone II and Zone III, if present, comprise the contributing area for the water source.

 Wellhead protection program—A comprehensive program designed to protect each well, spring or infiltration gallery used by a public water system from contamination.

 Wholesale system—A public water system that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another public water system. Delivery may be through a direct connection or through the distribution system of one or more public water systems.

§ 109.5. Organization of chapter.

 (a) This subchapter and Subchapters H and N (relating to laboratory certification; and drinking water fees) apply to all public water systems.

 (b) Subchapters B—G and I apply to public water systems, except bottled water and vended water systems, retail water facilities and bulk water hauling systems, unless provisions in those Subchapters are specifically referenced in Subchapter J (relating to bottled water and vended water systems, retail water facilities and bulk water hauling systems).

 (c) Subchapter J applies exclusively to bottled water and vended water systems, retail water facilities and bulk water hauling systems.

 (d) Subchapter K (relating to lead and copper) applies to community and nontransient noncommunity water systems.

 (e) Subchapter L (relating to the long-term 2 enhanced surface water treatment rule) applies to all public water systems using surface water or GUDI sources.

 (f) Subchapter M (relating to additional requirements for groundwater sources) applies to all public water systems that use groundwater, excluding those systems that combine all of their groundwater with surface water or with groundwater under the direct influence of surface water prior to treatment under § 109.202(c)(1) (relating to State MCLs, MRDLs and treatment technique requirements).

Subchapter B. MCLs, MRDLs OR TREATMENT TECHNIQUE REQUIREMENTS

§ 109.202. State MCLs, MRDLs and treatment technique requirements.

 (a) Primary MCLs, MRDLs and treatment technique requirements.

 (1) A public water system shall supply drinking water that complies with the primary MCLs, MRDLs and treatment technique requirements adopted by the EQB under the act.

 (2) This subchapter incorporates by reference the primary MCLs, MRDLs and treatment technique requirements in the National Primary Drinking Water Regulations in 40 CFR Part 141 (relating to National Primary Drinking Water Regulations) as State MCLs, MRDLs and treatment technique requirements under authority of section 4 of the act (35 P.S. § 721.4), unless other MCLs, MRDLs and treatment technique requirements are established by regulations of the Department. The primary MCLs, MRDLs and treatment technique requirements which are incorporated by reference are effective on the date established by the Federal regulations.

 (3) A public water system that is installing granular activated carbon or membrane technology to comply with the MCL for TTHMs, HAA5, chlorite (where applicable) or bromate (where applicable) may apply to the Department for an extension of up to 24 months past the applicable compliance date specified in the Federal regulations, but not beyond December 31, 2003. In granting the extension, the Department will set a schedule for compliance and may specify any interim measures that the Department deems necessary. Failure to meet the schedule or interim treatment requirements constitutes a violation of National Primary Drinking Water Regulations.

 (b) Secondary MCLs.

 (1) A public water system shall supply drinking water that complies with the secondary MCLs adopted by the EQB under the act, except for the MCL for pH which represents a reasonable goal for drinking water quality.

 (2) This subchapter incorporates by reference the secondary MCLs established by the EPA in the National Secondary Drinking Water Regulations, 40 CFR 143.3 (relating to secondary maximum contaminant levels), as of January 30, 1991, as State MCLs, under the authority of section 4 of the act, unless other MCLs are established by regulations of the Department. The secondary MCL for copper is not incorporated by reference.

 (3) A secondary MCL for aluminum of 0.2 mg/L is adopted as a State MCL.

 (c) Treatment technique requirements for pathogenic bacteria, viruses and protozoan cysts. A public water system shall provide adequate treatment to reliably protect users from the adverse health effects of microbiological contaminants, including pathogenic bacteria, viruses and protozoan cysts. The number and type of treatment barriers and the efficacy of treatment provided shall be commensurate with the type, degree and likelihood of contamination in the source water.

 (1) A public water supplier shall provide, as a minimum, continuous filtration and disinfection for surface water and GUDI sources. The treatment technique must provide at least 99.9% removal and inactivation of Giardia lamblia cysts, and at least 99.99% removal and inactivation of enteric viruses. Beginning January 1, 2002, public water suppliers serving 10,000 or more people shall provide at least 99% removal of Cryptosporidium oocysts. Beginning January 1, 2005, public water suppliers serving fewer than 10,000 people shall provide at least 99% removal of Cryptosporidium oocysts. The Department, depending on source water quality conditions, may require additional treatment as necessary to meet the requirements of this chapter and to protect the public health.

 (i) The filtration process shall meet the following performance requirements:

 (A) Conventional or direct filtration.

 (I) The filtered water turbidity shall be less than or equal to .5 NTU in 95% of the measurements taken each month under § 109.301(1) (relating to general monitoring requirements).

 (II) The filtered water turbidity shall be less than or equal to 2.0 NTU at all times, measured under § 109.301(1).

 (III) Beginning January 1, 2002, for public water systems serving 10,000 or more persons, the filtered water turbidity shall meet the following criteria:

 (-a-) Be less than or equal to 0.3 NTU in at least 95% of the measurements taken each month under § 109.301(1).

 (-b-) Be less than or equal to 1 NTU at all times, measured under § 109.301(1).

 (IV) Beginning January 1, 2005, for public water systems serving fewer than 10,000 persons, the filtered water turbidity shall meet the following criteria:

 (-a-) Be less than or equal to 0.3 NTU in at least 95% of the measurements taken each month under § 109.301(1).

 (-b-) Be less than or equal to 1 NTU at all times, measured under § 109.301(1).

 (B) Slow sand or diatomaceous earth filtration.

 (I) The filtered water turbidity shall be less than or equal to 1.0 NTU in 95% of the measurements taken each month under § 109.301(1).

 (II) The filtered water turbidity shall be less than or equal to 2.0 NTU at all times, measured under § 109.301(1).

 (C) Membrane filtration.

 (I) Beginning August 20, 2019, for all public water systems, the filtered water turbidity must be less than or equal to 0.15 NTU in at least 95% of the measurements taken each month under § 109.301(1).

 (II) Beginning August 20, 2019, for all public water systems, the filtered water turbidity must be less than or equal to 1 NTU at all times, measured under § 109.301(1).

 (D) Other filtration technologies. The same performance criteria as those given for conventional filtration and direct filtration in clause (A) shall be achieved unless the Department specifies more stringent performance criteria based upon onsite studies, including pilot plant studies, where appropriate.

 (ii) The combined total effect of disinfection processes utilized in a filtration plant shall:

 (A) Achieve at least 1.0-log inactivation of Giardia cysts and 3.0-log inactivation of viruses as demonstrated by measurements taken under § 109.301(1). Failure to maintain the minimum log inactivation for more than 4 hours of operation constitutes a breakdown in treatment.

 (B) Provide a minimum residual disinfectant concentration of 0.20 mg/L at the entry point as demonstrated by measurements taken under § 109.301(1). Failure to maintain the minimum entry point residual disinfectant concentration for more than 4 hours of operation is a treatment technique violation.

 (iii) For an unfiltered surface water source permitted for use prior to March 25, 1989, the public water supplier shall:

 (A) Maintain a minimum residual disinfectant concentration in the water delivered to the distribution system prior to the first customer of 2.5 mg/L expressed as free chlorine or its equivalent as approved by the Department. The residual disinfectant concentration shall be demonstrated by measurements taken under § 109.301(2).

 (I) For a system using disinfectants other than free chlorine, the water supplier shall maintain:

 (-a-) A minimum concentration that provides, in terms of CTs achieved, a level of protection equivalent to that provided by 2.5 mg/L free chlorine, as determined by the available contact time between the point of application and the first customer, under peak flow conditions.

 (-b-) At least .2 mg/L of disinfectant in the water delivered to the distribution system prior to the first customer.

 (II) For a system with extended contact times, generally 60 minutes or more, between the point of application and the first customer, the Department may allow the water supplier to maintain a disinfectant residual concentration less than 2.5 mg/L free chlorine or its equivalent if the CTs established by the EPA are achieved.

 (B) Provide continuous filtration and disinfection in accordance with this paragraph according to the following schedule:

 (I) By December 31, 1991, for a public water system that, prior to March 25, 1989, had a waterborne disease outbreak or Giardia contamination in its surface water source.

 (II) Within 48 months after the discovery of one of the following conditions, or by December 31, 1995, whichever is earlier, for a public water system that experiences the condition after March 25, 1989:

 (-a-) A waterborne disease outbreak.

 (-b-) Giardia contamination in its surface water source.

 (-c-) A violation of the microbiological MCL, the turbidity MCL or the monitoring or reporting requirements for the microbiological MCL.

 (-d-) A violation of the source microbiological or turbidity monitoring requirements under § 109.301(2)(i) or the related reporting requirements.

 (-e-) The source water fecal coliform concentration exceeds 20/100 ml or the total coliform concentration exceeds 100/100 ml in a source water sample collected under § 109.301(2).

 (-f-) The source water turbidity level exceeds 5.0 NTU in a sample collected under § 109.301(2).

 (-g-) The system fails to maintain a continuous residual disinfectant concentration as required under this subparagraph.

 (III) By December 31, 1995, for other public water systems not covered by subclause (I) or (II).

*  *  *  *  *

§ 109.204. Disinfection profiling and benchmarking.

 (a) The disinfection profiling and benchmarking requirements, established by the EPA under the National Primary Drinking Water Regulations in 40 CFR 141.172, 141.530—141.536, 141.540—141.544, 141.570(c) and (d), 141.708 and 141.709 are incorporated by reference except as otherwise established by this chapter.

 (b) Public water suppliers that did not conduct TTHM and HAA5 monitoring under this section because they served fewer than 10,000 persons when the monitoring was required, but serve 10,000 or more persons before January 1, 2005, shall comply with this section. These suppliers shall also establish a disinfection benchmark.

 (c) The public water supplier shall conduct disinfection profiling in accordance with the procedures and methods in the most current edition of the Disinfection Profiling and Benchmarking Guidance Manual published by the EPA. The results of the disinfection profiling and the benchmark, including raw data and analysis, shall be retained indefinitely on the water system premises or at a convenient location near the premises. Public water suppliers serving 10,000 or more persons and required to conduct disinfection profiling shall submit the disinfection profiling data and the benchmark data to the Department by June 1, 2001, in a format acceptable to the Department. Public water suppliers serving 500 to 9,999 persons shall submit the disinfection profiling data and the benchmark to the Department by October 1, 2004. Public water suppliers serving less than 500 persons shall submit the disinfection profiling data and the benchmark to the Department by April 1, 2005, in a format acceptable to the Department.

 (d) A public water supplier that obtains a permit or permit modification for filtration treatment for a surface water or GUDI source after August 18, 2018, shall submit documentation with the permit application relative to operational parameters which will be used to maintain Giardia lamblia inactivation throughout the expected range of operating conditions.

 (e) A public water supplier using surface water or GUDI sources shall consult with the Department before making a significant change to its disinfection practice or operating treatment processes in a manner that may result in an inactivation level that is lower than the level needed to meet the Giardia lamblia inactivation requirements specified in § 109.202(c)(1)(ii) (relating to State MCLs, MRDLs and treatment technique requirements). As part of the consultation, the water supplier shall submit the following information to the Department:

 (1) A completed disinfection profile and disinfection benchmark for Giardia lamblia and viruses.

 (2) A description of the proposed change.

 (3) An analysis of how the proposed change will affect the current level of disinfection.

Subchapter C. MONITORING REQUIREMENTS

§ 109.301. General monitoring requirements.

 Public water suppliers shall monitor for compliance with MCLs, MRDLs and treatment technique requirements in accordance with the requirements established by the EPA under the National Primary Drinking Water Regulations, 40 CFR Part 141 (relating to National Primary Drinking Water Regulations), except as otherwise established by this chapter unless increased monitoring is required by the Department under § 109.302 (relating to special monitoring requirements). Alternative monitoring requirements may be established by the Department and may be implemented in lieu of monitoring requirements for a particular National Primary Drinking Water Regulation if the alternative monitoring requirements are in conformance with the Federal act and regulations. The monitoring requirements shall be applied as follows:

 (1) Performance monitoring for filtration and disinfection. A public water supplier providing filtration and disinfection of surface water or GUDI sources shall conduct the following performance monitoring requirements, unless increased monitoring is required by the Department under § 109.302.

 (i) Except as provided under subparagraph (ii), a public water supplier:

 (A) Shall determine and record the turbidity level of representative samples of the system's filtered water as follows until August 19, 2019:

 (I) For systems that operate continuously, at least once every 4 hours that the system is in operation, except as provided in clause (B).

 (II) For systems that do not operate continuously, at start-up, at least once every 4 hours that the system is in operation, and also prior to shutting down the plant, except as provided in clause (B).

 (B) May substitute continuous turbidity monitoring and recording for grab sample monitoring and manual recording until August 19, 2019, if it validates the continuous measurement for accuracy on a regular basis using a procedure specified by the manufacturer. At a minimum, calibration with an EPA-approved primary standard shall be conducted at least quarterly. For systems using slow sand filtration or filtration treatment other than conventional filtration, direct filtration or diatomaceous earth filtration, the Department may reduce the sampling frequency to once per day.

 (C) Shall continuously monitor the turbidity level of the combined filter effluent beginning August 20, 2019, using an analytical method specified in 40 CFR 141.74(a) (relating to analytical and monitoring requirements) and record the results at least every 15 minutes while the plant is operating. For systems that do not operate continuously, the turbidity level shall also be measured and recorded at start-up and immediately prior to shutting down the plant.

 (D) Shall continuously monitor and record the residual disinfectant concentration of the water being supplied to the distribution system and record both the lowest value for each day and the number of periods each day when the value is less than 0.20 mg/L for more than 4 hours. If a public water system's continuous monitoring or recording equipment fails, the public water supplier may, upon notification of the Department under § 109.701(a)(3) (relating to reporting and recordkeeping), substitute grab sampling or manual recording every 4 hours in lieu of continuous monitoring. Grab sampling or manual recording may not be substituted for continuous monitoring or recording for longer than 5 working days after the equipment fails.

 (E) Until April 28, 2019, shall measure and record the residual disinfectant concentration at representative points in the distribution system no less frequently than the frequency required for total coliform sampling for compliance with the MCL for microbiological contaminants.

 (F) Beginning April 29, 2019, shall measure and record the residual disinfectant concentration at representative points in the distribution system in accordance with a sample siting plan as specified in § 109.701(a)(8) and as follows:

 (I) A public water supplier shall monitor the residual disinfectant concentration at the same time and from the same location that a total coliform sample is collected as specified in paragraph (3)(i) and (ii). Measurements taken under this subclause may be used to meet the requirements under subclause (II).

 (II) A public water supplier shall monitor the residual disinfectant concentration at representative locations in the distribution system at least once per week.

 (III) A public water supplier that does not maintain the minimum residual disinfectant concentration specified in § 109.710 (relating to disinfectant residual in the distribution system) at one or more sample sites shall include those sample sites in the monitoring conducted the following month.

 (IV) Compliance with the minimum residual disinfectant concentration shall be determined in accordance with § 109.710.

 (V) A public water system may substitute online residual disinfectant concentration monitoring and recording for grab sample monitoring and manual recording if it validates the online measurement for accuracy in accordance with § 109.304 (relating to analytical requirements).

 (ii) Until August 19, 2019, for a public water supplier serving fewer than 500 people, the Department may reduce the filtered water turbidity monitoring to one grab sample per day, if the historical performance and operation of the system indicate effective turbidity removal is maintained under the range of conditions expected to occur in the system's source water.

 (iii) A public water supplier providing conventional filtration treatment or direct filtration and serving 10,000 or more people and using surface water or GUDI sources shall, beginning January 1, 2002, conduct continuous monitoring of turbidity for each individual filter using an approved method under the EPA regulation in 40 CFR 141.74(a) and record the results at least every 15 minutes. Beginning January 1, 2005, public water suppliers providing conventional or direct filtration and serving fewer than 10,000 people and using surface water or GUDI sources shall conduct continuous monitoring of turbidity for each individual filter using an approved method under the EPA regulation in 40 CFR 141.74(a) and record the results at least every 15 minutes. Beginning August 20, 2019, a public water supplier using surface water or GUDI sources and providing filtration treatment other than conventional or direct filtration shall conduct continuous monitoring of turbidity for each individual filter using an approved method under 40 CFR 141.74(a) and record the results at least every 15 minutes.

 (iv) In addition to the requirements of subparagraphs (i)—(iii), a public water supplier shall conduct grab sampling or manual recording, or both, every 4 hours in lieu of continuous monitoring or recording if there is a failure in the continuous monitoring or recording equipment, or both. The public water supplier shall notify the Department within 24 hours of the equipment failure. Grab sampling or manual recording may not be substituted for continuous monitoring for longer than 5 working days after the equipment fails. The Department will consider case-by-case extensions of the time frame to comply if the water supplier provides written documentation that it was unable to repair or replace the malfunctioning equipment within 5 working days due to circumstances beyond its control.

 (v) A public water supplier shall calculate the log inactivation of Giardia, using measurement methods established by the EPA, at least once per day during expected peak hourly flow. The log inactivation for Giardia shall also be calculated whenever the residual disinfectant concentration at the entry point falls below the minimum value specified in § 109.202(c) (relating to State MCLs, MRDLs and treatment technique requirements) and continue to be calculated every 4 hours until the residual disinfectant concentration at the entry point is at or above the minimum value specified in § 109.202(c). Records of log inactivation calculations must be reported to the Department in accordance with § 109.701(a)(2).

 (vi) In addition to the requirements specified in subparagraph (v), a public water supplier that uses a disinfectant other than chlorine to achieve log inactivation shall calculate the log inactivation of viruses at least once per day during expected peak hourly flow. The log inactivation for viruses shall also be calculated whenever the residual disinfectant concentration at the entry point falls below the minimum value specified in § 109.202(c) and continue to be calculated every 4 hours until the residual disinfectant concentration at the entry point is at or above the minimum value specified in § 109.202(c). Records of log inactivation calculations shall be reported to the Department in accordance with § 109.701(a).

 (2) Performance monitoring for unfiltered surface water and GUDI. A public water supplier using unfiltered surface water or GUDI sources shall conduct the following source water and performance monitoring requirements on an interim basis until filtration is provided, unless increased monitoring is required by the Department under § 109.302:

 (i) Except as provided under subparagraphs (ii) and (iii), a public water supplier:

 (A) Shall perform E. coli or total coliform density determinations on samples of the source water immediately prior to disinfection. Regardless of source water turbidity, the minimum frequency of sampling for total coliform or E. coli determinations may be no less than the following:

System Size (People)	Samples/Week
<500	1
500—3,299	2
3,300—10,000	3
10,001—25,000	4
25,001 or more	5

 (B) Shall measure the turbidity of a representative grab sample of the source water immediately prior to disinfection as follows until August 19, 2019:

 (I) For systems that operate continuously, at least once every 4 hours that the system is in operation, except as provided in clause (C).

 (II) For systems that do not operate continuously, at start-up, at least once every 4 hours that the system is in operation, and also prior to shutting down the plant, except as provided in clause (C).

 (C) May substitute continuous turbidity monitoring for grab sample monitoring until August 19, 2019, if it validates the continuous measurement for accuracy on a regular basis using a procedure specified by the manufacturer. At a minimum, calibration with an EPA-approved primary standard shall be conducted at least quarterly.

 (D) Shall continuously monitor and record the turbidity of the source water immediately prior to disinfection beginning August 20, 2019, using an analytical method specified in 40 CFR 141.74(a) and record the results at least every 15 minutes while the source is operating. If there is a failure in the continuous turbidity monitoring or recording equipment, or both, the supplier shall conduct grab sampling or manual recording, or both, every 4 hours in lieu of continuous monitoring or recording. The public water supplier shall notify the Department within 24 hours of the equipment failure. Grab sampling or manual recording may not be substituted for continuous monitoring for longer than 5 working days after the equipment fails. The Department will consider case-by-case extensions of the time frame to comply if the water supplier provides written documentation that it was unable to repair or replace the malfunctioning equipment within 5 working days due to circumstances beyond its control.

 (E) Shall continuously monitor and record the residual disinfectant concentration required under § 109.202(c)(1)(iii) of the water being supplied to the distribution system and record the lowest value for each day. If a public water system's continuous monitoring or recording equipment fails, the public water supplier may, upon notification of the Department under § 109.701(a)(3), substitute grab sampling or manual recording, or both, every 4 hours in lieu of continuous monitoring. Grab sampling or manual recording may not be substituted for continuous monitoring for longer than 5 days after the equipment fails.

 (F) Until April 28, 2019, shall measure the residual disinfectant concentration at representative points in the distribution system no less frequently than the frequency required for total coliform sampling for compliance with the MCL for microbiological contaminants.

 (G) Beginning April 29, 2019, shall measure and record the residual disinfectant concentration at representative points in the distribution system in accordance with a sample siting plan as specified in § 109.701(a)(8) and as follows:

 (I) A public water supplier shall monitor the residual disinfectant concentration at the same time and from the same location that a total coliform sample is collected as specified in paragraph (3)(i) and (ii). Measurements taken under this subclause may be used to meet the requirements under subclause (II).

 (II) A public water supplier shall monitor the residual disinfectant concentration at representative locations in the distribution system at least once per week.

 (III) A public water supplier that does not maintain the minimum residual disinfectant concentration specified in § 109.710 at one or more sample sites shall include those sample sites in the monitoring conducted the following month.

 (IV) Compliance with the minimum residual disinfectant concentration shall be determined in accordance with § 109.710.

 (V) A public water system may substitute online residual disinfectant concentration monitoring and recording for grab sample monitoring and manual recording if it validates the online measurement for accuracy in accordance with § 109.304.

 (ii) Until August 19, 2019, for a public water supplier serving 3,300 or fewer people, the Department may reduce the residual disinfectant concentration monitoring for the water being supplied to the distribution system to a minimum of 2 hours between samples at the grab sampling frequencies prescribed as follows if the historical performance and operation of the system indicate the system can meet the residual disinfectant concentration at all times:

System Size (People)	Samples/Day
<500	1
500—1,000	2
1,001—2,500	3
2,501—3,300	4

 If the Department reduces the monitoring, the supplier shall nevertheless collect and analyze another residual disinfectant measurement as soon as possible, but no longer than 4 hours from any measurement which is less than the residual disinfectant concentration approved under § 109.202(c)(1)(iii).

 (iii) Until August 19, 2019, for a public water supplier serving fewer than 500 people, the Department may reduce the source water turbidity monitoring to one grab sample per day, if the historical performance and operation of the system indicate effective disinfection is maintained under the range of conditions expected to occur in the system's source water.

*  *  *  *  *

 (11) Monitoring requirements for entry points that do not provide water continuously. Entry points from which water is not provided during every quarter of the year shall monitor in accordance with paragraphs (5)—(7) and (14), except that monitoring is not required during a quarter when water is not provided to the public, unless special monitoring is required by the Department under § 109.302.

 (12) Monitoring requirements for disinfection byproducts and disinfection byproduct precursors. Community water systems and nontransient noncommunity water systems that use a chemical disinfectant or oxidant shall monitor for disinfection byproducts and disinfection byproduct precursors in accordance with this paragraph. Community water systems and nontransient noncommunity water systems that obtain finished water from another public water system that uses a chemical disinfectant or oxidant to treat the finished water shall monitor for TTHM and HAA5 in accordance with this paragraph. Systems that use either surface water or GUDI sources and that serve at least 10,000 persons shall begin monitoring by January 1, 2002. Systems that use either surface water or GUDI sources and that serve fewer than 10,000 persons, or systems that use groundwater sources, shall begin monitoring by January 1, 2004. Systems monitoring for disinfection byproducts and disinfection byproduct precursors shall take all samples during normal operating conditions. Systems monitoring for disinfection byproducts and disinfection byproduct precursors shall use only data collected under this chapter to qualify for reduced monitoring. Compliance with the MCLs and monitoring requirements for TTHM, HAA5, chlorite (where applicable) and bromate (where applicable) shall be determined in accordance with 40 CFR 141.132 and 141.133 (relating to monitoring requirements; and compliance requirements) which are incorporated herein by reference.

*  *  *  *  *

 (14) Monitoring requirements for radionuclides. Community water systems shall monitor for compliance with the MCLs for radionuclides established by the EPA under 40 CFR 141.66(b), (c), (d) and (e) (relating to maximum contaminant levels for radionuclides). The monitoring shall be conducted according to the requirements established by the EPA under 40 CFR 141.25 and 141.26 (relating to analytical methods for radioactivity; and monitoring frequency and compliance requirements for radionuclides in community water systems) which are incorporated by reference, except as modified by this chapter. Initial or first-year monitoring mentioned in this paragraph refers to monitoring conducted on or after January 1, 2005.

*  *  *  *  *

 (iii) General monitoring and compliance requirements.

 (A) The Department may require more frequent sampling than specified in subparagraphs (i) and (ii), or may require confirmation samples. The results of the initial and confirmation samples will be averaged for use in compliance determinations.

 (B) Each system shall monitor at the time designated by the Department during each compliance period.

 (C) Compliance with the MCLs will be determined based on the analytical results obtained at each entry point. If one entry point is in violation of an MCL, the system is in violation of the MCL.

 (I) For systems monitoring more than once per year, compliance with the MCL is determined by a running annual average at each entry point. If the running annual average at an entry point is greater than the MCL, the system is in violation of the MCL. If a sample result will cause the running annual average to exceed the MCL at an entry point, the system is in violation of the MCL immediately.

 (II) Systems shall include all samples taken and analyzed under this section in determining compliance, even if that number is greater than the minimum required.

 (III) If a system does not collect all required samples when compliance is based on a running annual average of quarterly samples, compliance will be based on the running average of the samples collected.

 (IV) If a sample result is less than the detection limit, zero will be used to calculate the annual average, unless a gross alpha particle activity is being used in lieu of radium-226 or uranium, or both. If the gross alpha particle activity result is less than detection, one-half of the detection limit will be used to calculate the annual average.

 (D) The Department may delete results of obvious sampling or analytic errors.

 (15) Monitoring requirements for reserve entry points and entry points supplied by one or more reserve sources. Beginning August 19, 2019, a water supplier using reserve sources or reserve entry points as defined and identified in the comprehensive monitoring plan in § 109.718(a) (relating to comprehensive monitoring plan) shall:

 (i) Monitor reserve entry points at the initial frequencies specified in paragraphs (5)—(7) and (14).

 (ii) Monitor permanent entry points at the initial frequencies specified in paragraphs (5)—(7) and (14) while the entry point is receiving water from a reserve source.

 (iii) Conduct special monitoring as required by the Department under § 109.302.

§ 109.302. Special monitoring requirements.

 (a) The Department may require a public water supplier to conduct monitoring in addition to that required under § 109.301 (relating to general monitoring requirements) if the Department has reason to believe the public water system is not in compliance with the action level, MCL, MRDL or treatment technique requirement for the contaminant.

 (b) The Department may require a public water supplier to conduct additional monitoring to provide information on contamination of the water supply where a potential health hazard may exist in the water supply and monitoring required under § 109.301 may not be adequate to protect the public health.

 (c) The Department may require a public water supplier to conduct special monitoring for an unregulated contaminant if the Department has reason to believe the contaminant is present in the public water system and creates a health risk to the users of the public water system.

 (d) The Department will provide a schedule for sampling, instructions for sampling methods and handling samples, and analytical procedures to be followed by public water systems required to perform special monitoring.

 (e) The Department may designate special monitoring requirements on a case-by-case basis for experimental facilities.

 (f) To enable the Department to determine if a public water supplier is using a source directly influenced by surface water, the Department may require a public water supplier to conduct monitoring to evaluate the direct influence of surface water upon the source of supply. Monitoring shall be conducted for at least 6 months to include both the wet and dry periods of the year. Samples shall be taken from the collection facilities and measurements shall include the following:

 (1) Daily field measurement of temperature, pH, specific conductance and turbidity.

 (2) Daily measurement of water level, or flow, and precipitation necessary to establish climatic conditions.

 (3) Weekly measurements for total coliform.

 (4) Other measurements as required by the Department to evaluate the direct influence of surface water upon the source of supply.

 (g) The Department may reduce or eliminate the monitoring required under subsection (f) if the public water supplier demonstrates and the Department determines that the source of supply is not directly influenced by surface water.

§ 109.303. Sampling requirements.

 (a) The samples taken to determine a public water system's compliance with MCLs, MRDLs or treatment technique requirements or to determine compliance with monitoring requirements shall be taken at the locations identified in §§ 109.301, 109.302, 109.1003, 109.1103, 109.1202 and 109.1303 and as follows:

 (1) Samples for determining compliance with the turbidity MCL shall be taken at each entry point associated with a surface water source that the Department has determined shall be filtered.

 (2) Samples for determining compliance with the E. coli MCL under § 109.202(a)(2) (relating to State MCLs, MRDLs and treatment technique requirements) and for determining whether an assessment is triggered under § 109.202(c)(4) shall be taken at regular intervals throughout the monitoring period at sites which are representative of water throughout the distribution system according to a written sample siting plan as specified under § 109.701(a)(5) (relating to reporting and recordkeeping). Representative locations include, but are not limited to, 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.

 (3) Samples for determining compliance with the fluoride MCL shall be taken at each entry point.

 (4) Samples for determining compliance with MCLs for organic contaminants listed by the EPA under 40 CFR 141.61 (relating to maximum contaminant levels for organic contaminants), inorganic contaminants listed by the EPA under 40 CFR 141.62 (relating to maximum contaminant levels for inorganic contaminants), radionuclide contaminants listed by the EPA under 40 CFR 141.66 (relating to maximum contaminant levels for radionuclides) and with the special monitoring requirements for unregulated contaminants under § 109.302(f) (relating to special monitoring requirements) shall be taken at each entry point to the distribution system which is representative of each source after an application of treatment during periods of normal operating conditions. If a system draws water from more than one source and the sources are combined prior to distribution, the system shall sample at the entry point during periods of normal operating conditions when water is representative of all sources being used.

 (5) Asbestos sampling points shall be at the distribution tap where asbestos contamination is expected to be the greatest based on the presence of asbestos cement pipe and lack of optimum corrosion control treatment, and at the entry point for each source which the Department has reason to believe may contain asbestos, except that a collected distribution sample which is representative of a source may be substituted for a required entry point sample.

 (b) The samples taken to determine a public water system's compliance with treatment technique and performance monitoring requirements shall be taken at a point that is as close as practicable to each treatment technique process and that is not influenced by subsequent treatment processes or appurtenances.

 (c) 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 an accredited laboratory for sample collection as well as analysis satisfies the requirements of this subsection.

 (d) Compliance monitoring samples for the VOCs listed under 40 CFR 141.61(a) shall be collected by a person properly trained by a laboratory accredited by the Department to conduct VOC or vinyl chloride analysis.

 (e) Compliance monitoring samples for the contaminants listed under 40 CFR 141.40(a), 141.61(a) and (c), 141.62 and 141.88 may be composited in accordance with 40 CFR 141.23(a)(4), 141.24(f)(14) and (h)(10) and 141.88(a)(1)(iv) (relating to inorganic chemical sampling and analytical requirements; organic chemicals, sampling and analytical requirements; and monitoring requirements for lead and copper in source water) except:

 (1) Samples from groundwater entry points may not be composited with samples from surface water entry points.

 (2) Samples used in compositing shall be collected in duplicate.

 (3) If a contaminant listed under 40 CFR 141.61(a) or (c) is detected at an entry point, samples from that entry point may not be composited for subsequent or repeat monitoring requirements.

 (4) Samples obtained from an entry point which contains water treated by a community water supplier or a nontransient noncommunity water supplier to specifically meet an MCL for an organic contaminant listed under 40 CFR 141.61(a) or (c) or an MCL for an inorganic contaminant listed under 40 CFR 141.62 may not be composited with other entry point samples.

 (f) A compliance sample required under § 109.301(9) (relating to general monitoring requirements) shall be taken at a free flowing tap in the house, building or facility where the POE device is located or at a monitoring point approved by the Department on the effluent side of the POE device.

 (g) Samples taken to determine compliance with combined radium-226 and radium-228, gross alpha particle activity or uranium under 40 CFR 141.66(b), (c) and (e) may be composited from a single entry point if the analysis is done within 1 year of the date of the collection of the first sample. The Department will treat analytical results from the composited sample as the average analytical result to determine compliance with the MCLs and the future monitoring frequency.

 (1) If the analytical result from the composited sample is greater than one-half the MCL, the Department may direct the system to take additional quarterly samples before allowing the system to sample under a reduced monitoring schedule.

 (2) Samples obtained from an entry point that contains water treated to specifically meet an MCL for a radionuclide contaminant listed under 40 CFR 141.66(b), (c) or (e) may not be composited.

 (h) Samples taken to determine compliance with beta particle and photon radioactivity under 40 CFR 141.66(d) may be composited as follows:

 (1) Monitoring for gross beta-particle activity may be based on the analysis of a composite of 3 monthly samples.

 (2) Monitoring for strontium-90 and tritium may be based on the analysis of a composite of 4 consecutive quarterly samples.

 (i) Samples taken to determine compliance with this chapter shall be taken in accordance with a written comprehensive monitoring plan as specified in § 109.718 (relating to comprehensive monitoring plan). These plans are subject to Department review and revision.

§ 109.304. Analytical requirements.

 (a) Sampling and analysis shall be performed in accordance with analytical techniques adopted by the EPA under the Federal act or methods approved by the Department.

 (b) An alternate analytical technique may be employed with the written approval of the Department and the concurrence of the Administrator. An alternate technique will be accepted only if it is substantially equivalent to the prescribed test in both precision and accuracy as it relates to the determination of compliance with MCLs or MRDLs or treatment technique requirements. The use of the alternate analytical technique may not decrease the frequency of monitoring required by this subchapter.

 (c) For the purpose of determining compliance with the monitoring and analytical requirements established under this subchapter and Subchapters K, L and M (relating to lead and copper; long-term 2 enhanced surface water treatment rule; and additional requirements for groundwater sources), the Department will consider only samples analyzed by a laboratory accredited by the Department, except that measurements for turbidity, fluoridation operation, residual disinfectant concentration, temperature, pH, alkalinity, orthophosphates, silica, calcium, conductivity, daily chlorite and magnesium hardness may be performed by a person meeting one of the following requirements:

 (1) A person meeting the requirements of § 109.704 (relating to operator certification).

 (2) A person using a standard operating procedure as provided under authority of the Water and Wastewater Systems Operators' Certification Act (63 P.S. §§ 1001—1015.1) and the regulations promulgated thereunder.

 (3) An environmental laboratory meeting the requirements of Chapter 252 (relating to environmental laboratory accreditation).

 (d) A system shall have Cryptosporidium samples analyzed by a laboratory that is approved under the EPA's Laboratory Quality Assurance Evaluation Program for Analysis of Cryptosporidium in Water or a laboratory that has been accredited for Cryptosporidium analysis by an equivalent Department laboratory accreditation program.

 (e) A water supplier shall calibrate all turbidimeters used for compliance monitoring using the procedure specified by the manufacturer. At a minimum, calibration with an EPA-approved primary standard shall be conducted at least every 90 days. The Department may extend this 90-day calibration frequency if the calibration due date coincides with a holiday or weekend, or during a water system emergency which prevents timely calibration.

§ 109.305. (Reserved).

Subchapter D. PUBLIC NOTIFICATION

§ 109.416. CCR requirements.

 This section applies only to community water systems and establishes the minimum requirements for the content of the annual CCR that each system shall deliver to its customers. This report must contain information on the quality of the water delivered by the system and characterize the risks, if any, from exposure to contaminants detected in the drinking water in an accurate and understandable manner.

 (1) For the purposes of this section, the definitions of ''customer'' and ''detected'' established by the EPA under 40 CFR 141.151(c) and (d) (relating to definitions), respectively, are incorporated by reference.

 (2) Each community water system shall deliver to its customers an annual CCR on the dates established by the EPA under 40 CFR 141.152 (relating to effective dates), which is incorporated by reference.

 (3) Except as noted in subparagraphs (i)—(v), the annual report that a community water system provides to its customers shall contain all of the information, mandatory language and optional text specified by the EPA under 40 CFR 141.153 and 141.154 (relating to content of the reports; and required additional health information), which are incorporated by reference, and under 40 CFR 141, Subpart O, Appendix A (relating to regulated contaminants), which is incorporated by reference, unless other information, mandatory language or optional text is established by regulations or order of the Department. The health effects language for fluoride is not incorporated by reference. Public water systems shall include the health effects language specified in § 109.411(d)(1) (relating to content of a public notice) for violation of the primary MCL of 2 mg/L fluoride.

 (i) If a water system wants to use wording of its own choice in place of optional text, the water supplier shall submit the proposed wording to the Department for review and written approval prior to including it in its annual CCR. Once approved, the water supplier's wording may be used in future CCRs without further approval from the Department as long as it is not changed and is still applicable.

 (ii) The CCR shall contain information in Spanish regarding the importance of the report or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the report or to request assistance.

 (iii) For each non-English-speaking group other than Spanish-speaking that exceeds 10% of the residents for systems serving at least 1,000 people or 100 residents for systems serving less than 1,000 people, and speaks the same language other than English, the report shall contain information in the appropriate languages regarding the importance of the report or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the report or to request assistance in the appropriate language. The Department will make the final determination of which systems need to include this information.

 (iv) For the purpose of defining how certain portions of a CCR shall appear, the term ''prominently display'' as used in 40 CFR 141.154(a) means that the information shall be printed either in a larger size typeface or bolded or enclosed within a border or all these so as to make the information conspicuous in comparison to the rest of the text appearing before and after the prominently displayed text. Prominently displayed text placed away from other text (such as, in a highlighted or boxed area) shall be printed no smaller than the text used elsewhere in the body of the report, excluding main or section titles.

 (v) Information contained in a CCR shall appear in an easy-to-read format. Font sizes below 10 points or color combinations, or both, that make it difficult for persons to read and understand the information contained in the CCR may not be used.

 (4) Each community water system shall do the following:

 (i) Mail or otherwise directly deliver to each customer one copy of the annual CCR no later than the date specified in paragraph (2).

 (ii) Mail a paper copy of the annual CCR to the Department no later than the date the water system is required to distribute the CCR to its customers.

 (iii) Make a good faith effort to reach consumers who do not get water bills. The Department will determine ''good faith'' based on those methods identified in 40 CFR 141.155(b) (relating to report delivery and recordkeeping), which are incorporated by reference.

 (iv) Submit in writing to the Department no later than 3 months after the delivery of the annual CCR:

 (A) A certification that the annual CCR has been distributed to customers and that the information contained in the report is correct and consistent with the compliance monitoring data previously submitted to the Department.

 (B) A description of what was done to meet the good faith effort requirement described in subparagraph (iii).

 (v) If another State agency or commission also regulates the community water system, submit a copy of the system's annual CCR to the other agency or commission upon the specific request of that agency or commission no later than the date the water system is required to distribute the CCR to its customers. Each State agency or commission shall determine the way it requests a copy of the system's CCR. Those agencies or commissions may include, but are not limited to, the following:

 (A) The Pennsylvania Public Utility Commission and the Office of Consumer Advocate in the Office of the Attorney General, for water systems that are public utilities regulated under 66 Pa.C.S. (relating to Public Utility Code).

 (B) The Department of Human Services, for self-contained community water systems serving personal care or other group housing facilities.

 (C) The Department of Health, for self-contained community water systems serving skilled health care facilities.

 (vi) Make copies of its annual CCR available to the public on request.

 (vii) If a community water system serves 100,000 or more people, post its current year's report to a publicly accessible site on the Internet.

 (viii) Retain copies of each annual CCR and the related information required in paragraph (3) on the premises of the system or at a convenient location near the premises for no less than 3 years after the date of its delivery to customers.

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 Safe Drinking Water, Post Office Box 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:

 (i) Permit application signatures. A Department permit application signed as follows:

 (A) In the case of corporations, by a principal executive officer of at least the level of vice president, or an authorized representative, if the representative is responsible for the overall operation of the facility.

 (B) In the case of a partnership, by a general partner.

 (C) In the case of a sole proprietorship, by the proprietor.

 (D) In the case of a municipal, State or other public facility, by either a principal executive officer, ranking elected official or other authorized employee.

 (ii) Plans, specifications and engineer's report. Plans, specifications and engineer's reports must comply with the following:

 (A) The drawings, specifications and engineer's report shall be prepared by or under the supervision of a professional engineer registered to practice in this Commonwealth or in the state in which the public water system is located.

 (B) The front cover or flyleaf of each set of drawings, of each copy of the engineer's report and of each copy of specifications shall bear the signature and imprint of the seal of the registered engineer. Drawings shall bear an imprint or a legible facsimile of the seal.

 (iii) Information describing new sources. 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.

 (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 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) 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 (∝), radium-226, radium-228, uranium and Gross Beta (ß).

 (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.

 (2) Special requirements for public water suppliers proposing to use POE devices. Permit applications which propose the use of POE devices shall, in addition to the information required in paragraph (1), include the following:

 (i) Documentation that each POE device to be used meets the certification requirements of § 109.612 (relating to POE devices).

 (ii) Manufacturer's design and engineering information, including blueprints or similar drawings, which provide detailed information about the construction and operation of the treatment device and its components.

 (iii) A detailed monitoring plan, subject to the Department's approval, which includes a list of the contaminants to be monitored and the frequency of monitoring.

 (iv) An operation and maintenance plan, as outlined in § 109.702 (relating to operation and maintenance plan), which includes a schedule of routine maintenance to be performed and the parameters to be monitored to determine the performance and condition of the devices.

 (v) A drawing of the water supply distribution system showing each house, building or facility where POE devices are to be installed.

 (vi) Proof of the right-of-access for every house, building or facility to be served by a POE device.

 (3) Business plan requirements for new community water systems. Permit applications submitted to the Department on or after October 1, 1996, for new community water systems shall, in addition to the information required in paragraph (1), include a business plan. A new community water system is a proposed community water system or an existing system not otherwise subject to the act which becomes a community water system subject to the act as a result of an increase in the number of year-round residents or residences served. The business plan shall be submitted on forms approved by the Department. To be considered complete, the business plan shall conform to the guidelines contained in the Department's Public Water Supply Manual and shall consist of the following three parts:

 (i) Facilities plan. The facilities plan shall identify the scope of the water service to be provided. In addition to the requirements of paragraph (1)(ii), the facilities plan shall include the following:

 (A) An assessment of current and reasonably foreseeable compliance requirements that are applicable under the act based on monitoring data from the proposed sources of supply.

 (B) A description of the alternatives considered and the rationale for the approach selected to providing water service. This description shall include the technical, managerial, financial, operational and local decision making rationale for the selected approach. Unless the new system is a consecutive water system, the plan shall include the rationale for creating a separate system.

 (C) An engineering description of the facilities to be constructed, including the construction phases and future plans for expansion. This description shall include an estimate of the full cost of any required construction, operation and maintenance.

 (ii) Management plan. The management plan shall specify the commitments that are needed to provide for effective management and operation of the system and shall include the following:

 (A) Documentation that the applicant has the legal right and authority to take the measures necessary for the construction, operation and maintenance of the system. The evidence shall include, but is not limited to, indices of ownership where the applicant is the owner of the system or, where the applicant is not the owner, legally enforceable management contracts or agreements.

 (B) An operating plan to define the tasks to be performed in managing and operating the system. The operating plan shall consist of the following:

 (I) Part 1. A management and administrative plan.

 (II) Part 2. An operation and maintenance plan which conforms with § 109.702.

 (C) Assurances that the commitments needed for proper operation and management of the system will be carried out. These assurances can be given in the form of documentation of the credentials of management and operations personnel, cooperative agreements or service contracts.

 (iii) Financial plan. The financial plan shall describe the system's revenues and cash flow for meeting the costs of construction and the costs of operation and maintenance for at least 5 full years from the date the applicant anticipates initiating system operation. At a minimum, the financial plan shall include pro forma statements for each of the 5 years including the following:

 (A) Balance sheet.

 (B) Income statement.

 (C) Statement of cash flow.

 (b) Amendments. A water supplier operating under a public water system permit shall obtain an amended construction permit before making a substantial modification to the public water system.

 (1) A water supplier shall submit an application for an amended construction permit under the application requirements in subsection (a), if the proposed modification constitutes a major change to the public water system. Typical modifications which may be considered major changes are proposed new sources, additions or deletions of treatment techniques or processes, pumping stations and storage reservoirs.

 (2) A water supplier shall submit a written request to the Department if the proposed modification constitutes a relatively minor change to the public water system. A request for an amended construction permit under this paragraph shall describe the proposed change in sufficient detail to allow the Department to adequately evaluate the proposal. Typical modifications which may be considered minor changes are changes in treatment chemicals; replacement of tank or reservoir linings or similar materials in contact with the water supply; interconnections; covering of reservoirs; construction of covered storage tanks and standpipes designed to standard specifications; transmission mains; and changes in legal status, such as transfers of ownership, incorporation or mergers. Additionally, requests to change the permitted availability category of a source, purchased interconnect, treatment plant or entry point identified in the comprehensive monitoring plan in accordance with § 109.718 (relating to comprehensive monitoring plan) may be considered a minor change.

 (3) The Department determines whether a particular modification is a substantial modification and requires the construction permit to be amended under paragraph (1) or (2). A substantial modification is a modification which may affect the quality or quantity of water served to the public or may be prejudicial to the public health or safety. The Department's determination of whether the substantial modification is a major or minor change will include consideration of the expected amount of staff time required to review and process the proposal, the magnitude and complexity of the proposed change and the compliance history of the public water system.

 (c) Permit fees. 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).

 (d) Department's review.

 (1) The Department will publish a notice in the Pennsylvania Bulletin of the applications submitted under subsection (a) or (b)(1) or § 109.507 (relating to permits for innovative technology), providing at least 30 days for public comment from the date of publication.

 (2) The Department will not accept an application for review until the application is determined to be complete. A complete application is one which includes all the information specified in this chapter and other relevant information the Department determines is necessary to enable the Department to undertake a technical review of the application.

 (3) If the Department determines the permit application is incomplete, it will request the additional information in writing from the applicant within 90 calendar days of receipt of the application.

 (4) The Department will grant or deny a permit within 120 calendar days of receipt of the application, or when an incomplete application was submitted, within 120 calendar days of receipt of the applicant's written response to the Department's request for additional information.

 (5) Applications will be reviewed in accordance with accepted engineering and hydrogeological practices. The approval of plans, specifications, hydrogeological reports and engineer's reports is limited to the sanitary features of design and other features of public health significance.

 (6) In reviewing a permit application under this chapter, the Department may consider the following:

 (i) Adherence to standards in Subchapter F (relating to design and construction standards).

 (ii) Compliance by the proposed project with applicable statutes administered by the Commonwealth, river basin commissions created by interstate compact, or Federal environmental statutes or regulations.

 (iii) Consistency with the environmental rights and values secured by PA. CONST. art. I, § 27 and with the Commonwealth's duties as trustee to conserve and maintain this Commonwealth's public natural resources.

 (iv) Present conditions and the effects of reasonably foreseeable future development within the area of the project, including wellhead protection areas.

 (e) Issuance and conditions.

 (1) Issuance of a construction permit authorizes only the construction or modifications included in the permit. The permit's continuing validity is conditioned upon satisfaction of the provisions of the permit.

 (2) The plans, specifications, reports and supporting documents submitted as part of the permit application become part of the permit.

 (3) A permit authorizing construction or modification of water facilities shall expire within 2 years from the date of issuance unless substantial work is initiated. A permit may be renewed by the Department if the water supplier makes a written request for renewal prior to the expiration date.

§ 109.505. Requirements for noncommunity water systems.

 (a) A noncommunity water system shall obtain a construction permit under § 109.503 (relating to public water system construction permits) and an operation permit under § 109.504 (relating to public water system operation permits), unless the noncommunity water system satisfies paragraph (1) or (2). The Department retains the right to require a noncommunity water system that meets the requirements of paragraph (1) or (2) to obtain a construction and an operation permit, if, in the judgment of the Department, the noncommunity water system cannot be adequately regulated through standardized specifications and conditions. A noncommunity water system which is released from the obligation to obtain a construction and an operation permit shall comply with the other requirements of this chapter, including design, construction and operation requirements described in Subchapters F and G (relating to design and construction standards; and system management responsibilities).

 (1) A noncommunity water system which holds a valid permit or license issued after December 8, 1984, under one or more of the following acts satisfies the permit requirement under the act. The licensing authority will review the drinking water facilities under this chapter when issuing permits under the following acts:

 (i) The act of May 23, 1945 (P.L. 926, No. 369) (35 P.S. §§ 655.1—655.13) (Repealed).

 (ii) The Seasonal Farm Labor Act (43 P.S. §§ 1301.101—1301.606).

 (iii) The Public Bathing Law (35 P.S. §§ 672—680d).

 (2) A noncommunity water system not covered under paragraph (1) is not required to obtain a construction and an operation permit if it satisfies the following specifications and conditions:

 (i) The sources of supply for the system are groundwater sources requiring treatment no greater than 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 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.

 (i) For transient noncommunity water systems, the evaluation must include analysis of the following:

 (A) Nitrate (as nitrogen) and nitrite (as nitrogen).

 (B) Total coliform concentration and, if total coliform-positive, analyze for the presence of E. coli.

 (C) Any other contaminant which the Department determines is necessary to evaluate the potability of the source or which the Department has reason to believe is present in the source water and presents a health risk to the users of the system.

 (ii) For nontransient noncommunity water systems, the evaluation must include the information required under § 109.503(a)(1)(iii)(D).

 (b) A noncommunity water system providing 4-log treatment of a groundwater source under § 109.1302(b) (relating to treatment technique requirements) that has not obtained a construction permit under § 109.503 and an operations permit under § 109.504 shall obtain a noncommunity water system 4-log treatment of groundwater permit under § 109.1306 (relating to information describing 4-log treatment and compliance monitoring) and comply with subsection (a)(2)(ii).

§ 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.

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