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

[Continued from previous Web Page]

Subchapter F. DESIGN AND CONSTRUCTION STANDARDS

§ 109.602. Acceptable design.

 (a) A public water system shall be designed to provide an adequate and reliable quantity and quality of water to the public. The design must ensure that the system will, upon completion, be capable of providing water that complies with the primary and secondary MCLs, MRDLs and treatment techniques established in Subchapters B, K, L and M except as further provided in this section.

 (1) The Department may approve control techniques such as nonremoval processes, which abate the problems associated with a secondary contaminant and achieve the objective of the secondary MCL.

 (2) The Department may approve a design which may cause an exceedance of a secondary MCL if the exceedance directly results from a treatment method used to achieve compliance with a primary MCL, the level of the secondary contaminant in the finished water does not represent an unreasonable risk to health nor otherwise adversely affect the normal uses of the finished water.

 (b) Designs of public water facilities shall conform to accepted standards of engineering and design in the water supply industry and shall provide protection from failures of source, treatment, equipment, structures or power supply.

 (c) The Department's Public Water Supply Manual sets forth design standards which the Department finds to be acceptable designs. Other designs may be approved by the Department if the applicant demonstrates the alternate design is capable of providing an adequate and reliable quantity and quality of water to the public.

 (d) Filtration facilities permitted after May 16, 1992, unless otherwise authorized under § 109.507 (relating to permits for innovative technology), shall be designed to include individual sampling ports or turbidimeters on the raw source water line, on the influent line to the filters and on the effluent lines for each filter bed.

 (e) Point-of-use devices which are treatment devices applied to a single tap are not an acceptable treatment method for complying with an MCL, MRDL or treatment technique requirement.

 (f) A public water system that provides filtration of surface water or GUDI sources must be equipped with alarm capabilities that meet the requirements of subsection (i) by August 19, 2019. The Department may approve in writing an alternate compliance schedule if the water supplier submits a written request with supporting documentation by August 19, 2019.

 (g) A public water system that provides filtration of surface water or GUDI sources and that is not staffed continuously while the plant is operating must be equipped with alarm and shutdown capabilities that meet the requirements of subsection (i) by August 19, 2019. The Department may approve in writing an alternate compliance schedule if the water supplier submits a written request with supporting documentation by August 19, 2019.

 (h) In addition to public water systems covered under subsection (f) or (g), the Department may require a public water system to meet the requirements of subsection (i), according to a schedule set forth in a permit or order issued by the Department.

 (i) Alarm and shutdown capabilities must conform to all of the following:

 (1) Be set forth in the water system's operation and maintenance plan and set at a level no less stringent than the level needed for the facility to continuously maintain compliance with applicable MCLs, MRDLs and treatment technique requirements.

 (2) Be established for the following parameters, at a minimum:

 (i) Individual filter effluent turbidity and combined filter effluent turbidity for filter plants treating surface water or GUDI sources.

 (ii) Entry point disinfectant residual.

 (iii) Water levels to maintain adequate CT for Giardia inactivation.

 (3) Be capable of notifying the available operator on duty of events triggering an alarm or plant shutdown.

§ 109.606. Chemicals, materials and equipment.

 (a) Chemicals, materials or equipment which come in contact with the water or may affect the quality of the water may not be used unless the chemicals, materials or equipment are acceptable to the Department.

 (b) Chemicals used by a public water supplier which come in contact with the water or may affect the quality of the water and which are certified for conformance with ANSI/NSF Standard 60 (Drinking Water Treatment Chemicals—Health Effects—NSF) or meet the food grade standards of the United States Pharmacopeia are deemed acceptable to the Department.

 (c) Materials or equipment used in the construction or modification of a public water system, including waterline extensions, mechanical devices and drinking water treatment equipment, which come into contact with the water or may affect the quality of the water and which are certified for conformance with ANSI/NSF Standard 61 (Drinking Water System Components—Health Effects—NSF) are deemed acceptable to the Department.

 (d) Drinking water treatment equipment used in the construction or modification of a public water system which comes into contact with the water or may affect the quality of the water and which is certified for inactivation, reduction or removal performance in conformance with PDWEP is deemed acceptable to the Department.

 (e) Acceptable certification under subsection (b), (c) or (d) related to ANSI/NSF Standards 60 and 61 or PDWEP includes that performed by NSF International or other certification organization acceptable to the Department. To be acceptable to the Department, a certification organization shall be accredited by ANSI as a third party certification organization and meet the following requirements. The organization shall:

 (1) Demonstrate it is independent of manufacturers using the certification organization's services.

 (2) Require that a registered mark or seal be placed upon each product certified under ANSI/NSF Standard 60 or 61 or PDWEP, as applicable.

 (3) Maintain an ongoing quality assurance and quality control program that includes, at a minimum, the following:

 (i) Periodic announced and unannounced factory follow-ups and audits at sufficient frequency and in sufficient detail to assure the product evaluated is the same as the product being manufactured.

 (ii) Maintenance of or accessibility to a laboratory certified by the Department meeting the minimum laboratory certification criteria for drinking water analysis.

 (iii) Maintenance of staff toxicologists or accessibility to toxicologists to perform the toxicological review and evaluation portions of the product assessments.

 (iv) Maintenance of procedures for notification and recall of the use of the registered mark or seal for previously certified products which do not meet the certification requirements of ANSI/NSF Standards 60 and 61 or PDWEP.

 (v) For equipment that is claimed to remove or reduce a specific contaminant, the name of the organization that meets the accreditation standards of the ANSI and that has certified the device to verify its inactivation, reduction or removal performance for that contaminant, the name of the testing protocol or standard used to test the device, a statement from the testing laboratory giving the date of the test, a summary of the results and the date, if any, by which the device shall be retested for verification of the removal or reduction performance to remain effective.

 (4) Require appropriate product reevaluation depending upon the results of the factory follow-ups and audits and changes in the standards themselves.

 (5) Perform certification evaluations for any manufacturer or applicant.

 (6) Evaluate and certify an appropriately broad range of products—additives, direct additives or indirect additives.

 (7) Maintain and publish a listing of certified products and distribute the listing to State regulatory agencies and others, as appropriate, at least annually.

 (f) Facilities or equipment, including, but not limited to, pipes, pumping facilities and storage tanks, previously or currently used for the treatment, storage or transportation of wastewater, petroleum products or other nonfood products, except for facilities or equipment used to store or transport chemicals used in treating drinking water, may not be used for the treatment, transportation or storage of drinking water.

§ 109.612. POE devices.

 (a) POE devices may be approved by the Department for use only by a public water supplier serving 100 or fewer individuals for the treatment of sources permitted prior to May 16, 1992.

 (b) POE devices or components used by a public water supplier shall be tested and certified by the NSF or other certification organization acceptable to the Department against ANSI/NSF standards established for drinking water treatment devices. To be acceptable to the Department a certification organization other than NSF shall have a program at least as stringent as the NSF program and meet the requirements under § 109.606(e) (relating to chemicals, materials and equipment) as applicable to ANSI/NSF standards for drinking water treatment devices.

 (c) A public water supplier using POE devices as a means of treatment shall install a POE device on the service line to customers, except for customers who are provided with water that meets the requirements of Subchapter B (relating to MCLs, MRDLs or treatment technique requirements) without the use of a POE device.

 (d) The design, installation and operation of a POE device shall be of a type that the microbiological safety of the water is maintained.

Subchapter G. SYSTEM MANAGEMENT RESPONSIBILITIES

§ 109.701. Reporting and recordkeeping.

 (a) Reporting requirements for public water systems. Public water systems shall comply with the following requirements:

 (1) General reporting requirements. Unless a different reporting period is specified in this chapter, the water supplier shall assure that the results of test measurements or analyses required by this chapter are reported to the Department within either the first 10 days following the month in which the result is received or the first 10 days following the end of the required monitoring period as stipulated by the Department, whichever is shorter. The test results shall include the following at a minimum:

 (i) The name, address and public water system identification number (PWSID) of the public water system from which the sample was taken.

 (ii) The name, address and identification number of the laboratory performing the analysis unless the analysis is not required to be performed by a certified laboratory.

 (iii) The results of analytical methods, including negative results.

 (iv) Contaminants.

 (v) Analytical methods used.

 (vi) The date of sample.

 (vii) The date of analysis.

 (viii) Sample location.

 (2) Monthly reporting requirements for performance monitoring. In addition to the reporting requirements specified in paragraph (1), public water systems shall report performance monitoring data as follows:

 (i) The test results of performance monitoring required under § 109.301(1) (relating to general monitoring requirements) for public water suppliers providing filtration and disinfection of surface water or GUDI sources must include the following at a minimum:

 (A) For the combined filter effluent turbidity performance monitoring:

 (I) The number of days of filtration operation.

 (II) The number of filtered water turbidity measurements taken each month.

 (III) The number of filtered water turbidity measurements that are less than or equal to 0.5 NTU for conventional, direct or other filtration technologies, or 1.0 NTU for slow sand or diatomaceous earth filtration technologies.

 (IV) The date, time and values of any filtered water turbidity measurements exceeding 2.0 NTU.

 (V) Instead of subclauses (III) and (IV), beginning January 1, 2002, for public water systems that serve 10,000 or more people and use conventional or direct filtration:

 (-a-) The number of filtered water turbidity measurements that are less than or equal to 0.3 NTU.

 (-b-) The date, time and values of any filtered water turbidity measurements exceeding 1 NTU.

 (VI) Instead of subclauses (A)(III) and (IV), beginning January 1, 2005, for public water systems that serve fewer than 10,000 persons and use conventional or direct filtration:

 (-a-) The number of filtered water turbidity measurements that are less than or equal to 0.3 NTU.

 (-b-) The date, time and values of any filtered water turbidity measurements exceeding 1 NTU.

 (VII) Instead of subclauses (III) and (IV), beginning January 1, 2002, for public water systems that serve 10,000 or more people and use other filtration technologies:

 (-a-) The number of filtered water turbidity measurements that are less than or equal to 0.3 NTU or a more stringent turbidity performance level requirement that is based upon onsite studies and is specified by the Department.

 (-b-) The date, time and values of any filtered water turbidity measurements exceeding 1 NTU or a more stringent turbidity performance level requirement that is based upon onsite studies and is specified by the Department.

 (VIII) Beginning August 20, 2019, the number of filtered water turbidity measurements that are less than or equal to 0.15 NTU for membrane filtration technologies.

 (IX) Beginning August 20, 2019, the date, time and values of any filtered water turbidity measurements exceeding 1 NTU for membrane filtration technologies.

 (B) For performance monitoring of the residual disinfectant concentration of the water being supplied to the distribution system:

 (I) The date, time and lowest value each day the residual disinfectant concentration remains equal to or greater than the required minimum.

 (II) The initial date, time and value for each occurrence that the residual disinfectant concentration is less than the required minimum, and the subsequent date, time and value that the residual disinfectant concentration is equal to or greater than the required minimum.

 (III) The date the entry point is not in operation.

 (C) For performance monitoring of the log inactivation for Giardia, public water systems shall report as follows:

 (I) The date, time and lowest log inactivation value for each day the value remains equal to or greater than the required minimum.

 (II) The initial date, time and value for each occurrence that the log inactivation is less than the required minimum, and the subsequent date, time and value that the log inactivation is equal to or greater than the required minimum.

 (III) The date the entry point is not in operation.

 (D) For performance monitoring of the log inactivation for viruses, public water systems using a disinfectant other than chlorine to achieve log inactivation of viruses shall report as follows:

 (I) The date, time and lowest log inactivation value for each day the value remains equal to or greater than the required minimum.

 (II) The initial date, time and value for each occurrence that the log inactivation is less than the required minimum, and the subsequent date, time and value that the log inactivation is equal to or greater than the required minimum.

 (III) The date the entry point is not in operation.

 (ii) The test results of performance monitoring required under § 109.301(2) for public water suppliers using unfiltered surface water or GUDI sources must include the following, at a minimum:

 (A) For turbidity performance monitoring:

 (I) The date, time and value of each sample that exceeds 1.0 NTU.

 (II) The date, time and highest turbidity value, if the turbidity does not exceed 1.0 NTU in a sample.

 (III) Instead of subclauses (I) and (II), beginning August 20, 2019:

 (-a-) The number of source water turbidity measurements taken each month.

 (-b-) For measurements in which the source water turbidity is greater than 1.0 NTU, the date, time and value for each occurrence that the turbidity exceeds 1.0 NTU and the subsequent date, time and value that the turbidity is less than or equal to 1.0 NTU.

 (-c-) The date, time and highest turbidity value for each day the source water turbidity remains less than or equal to 1.0 NTU.

 (B) For performance monitoring of the residual disinfectant concentration of the water being supplied to the distribution system:

 (I) The date, time and lowest value each day the concentration is less than the residual disinfectant concentration required under § 109.202(c)(1)(iii) (relating to State MCLs, MRDLs and treatment technique requirements).

 (II) If the concentration does not fall below that required under § 109.202(c)(1)(iii) during the month, report the date, time and lowest value measured that month.

 (C) For performance monitoring of the E. coli or total coliform density determinations on samples of the source water immediately prior to disinfection: the date, time and value of each sample.

 (iii) The test results from performance monitoring required under § 109.301(8)(v) of the residual disinfectant concentration of the water in the distribution system shall include the date, time and value of each sample.

 (3) One-hour reporting requirements. A public water supplier shall report the circumstances to the Department within 1 hour of discovery for the following violations or situations:

 (i) A primary MCL or an MRDL has been exceeded or a treatment technique requirement has been violated under Subchapter B, K, L or M.

 (ii) A sample result requires the collection of check samples under § 109.301.

 (iii) Circumstances exist which may adversely affect the quality or quantity of drinking water including, but not limited to:

 (A) The occurrence of a waterborne disease outbreak.

 (B) A failure, significant interruption or breakdown in key water treatment processes.

 (C) A disaster that disrupts the water supply or distribution system.

 (D) A chemical spill.

 (E) An unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination.

 (F) An overfeed of a drinking water treatment chemical that exceeds a published maximum use value, such as National Sanitation Foundation's ''Maximum Use Value,'' as applicable.

 (G) A situation that causes a loss of positive water pressure in any portion of the distribution system where there is evidence of contamination or a water supplier suspects a high risk of contamination.

 (H) A lack of resources that adversely affect operations, such as staff shortages, notification by the power utility of planned lengthy power outages or imminent depletion of treatment chemical inventories.

 (iv) Any sample result is E. coli-positive.

 (4) Notice. The water supplier shall, within 10 days of completion of each public notification required under Subchapter D (relating to public notification) with the exception of a CCR, submit to the Department a certification that it has fully complied with the public notification requirements. The water supplier shall include with this certification a representative copy of each type of notice distributed, published, posted and made available to persons served by the system and to the media and a description of the means undertaken to make the notice available.

 (5) Siting plan. The water supplier shall submit to the Department a written sample siting plan for routine and repeat coliform sampling as required under § 109.301(3) by September 24, 2016. A public water system that begins operation after September 24, 2016, shall submit the sample siting plan prior to serving water to the public.

 (i) A sample siting plan must include, at a minimum, the following:

 (A) A list of sample site locations as specified in § 109.303(a)(2) (relating to sampling requirements) in the distribution system to be used for routine monitoring purposes.

 (B) The name of the company or individual collecting the samples.

 (C) A sample collection schedule.

 (D) Available repeat monitoring locations for each routine monitoring location.

 (E) Triggered source water monitoring locations as specified under § 109.1303 (relating to triggered monitoring requirements for groundwater sources).

 (F) The population served by the system.

 (G) A description of the accessibility of sample sites.

 (H) The beginning and ending dates of each operating season for seasonal systems.

 (ii) A water supplier shall revise and resubmit its sample siting plan within 30 days of notification by the Department of a sample siting plan which fails to meet the criteria in subparagraph (i).

 (iii) The water supplier shall notify the Department of subsequent revisions to a coliform sample siting plan as they occur. Revisions to a coliform sample siting plan shall be submitted in written form to the Department within 30 days of notifying the Department of the revisions.

 (6) Records. Upon request by the Department, the water supplier shall submit copies of records required to be maintained under this subchapter.

 (7) Form. Reports required by this chapter shall be submitted in a manner or form acceptable to the Department.

 (8) Reporting requirements for disinfectant residuals. In addition to the reporting requirements specified in paragraph (1), public water systems monitoring for disinfectant residuals under § 109.301 shall:

 (i) Submit to the Department a written sample siting plan by October 29, 2018. A public water system that begins operation after April 28, 2018, shall submit the sample siting plan prior to serving water to the public. The sample siting plan for disinfectant residuals may be combined with the sample siting plan for coliforms specified in paragraph (5) if all content elements are included. At a minimum, the sample siting plan must include all of the following:

 (A) A list of representative sample site locations in the distribution system to be used for residual disinfectant concentration monitoring. Representative locations include the following:

 (I) Dead ends.

 (II) First service connection.

 (III) Finished water storage facilities.

 (IV) Interconnections with other public water systems.

 (V) Areas of high water age.

 (VI) Areas with previous coliform detections.

 (VII) Mixing zones for systems using chlorine and purchasing water from a system using chloramines or for systems using chloramines and purchasing water from a system using chlorine.

 (B) Whether the sample site location is also used as a coliform, disinfection byproducts, or lead and copper sampling location.

 (C) Whether the sample site location is located within a mixing zone.

 (D) Whether online monitoring and recording will be substituted for grab sample measurements at the sample site location and the frequency of measurements by the online analyzer.

 (E) A sample collection schedule.

 (ii) Submit to the Department a revised sample siting plan within 30 days of notification by the Department that a sample siting plan fails to meet the criteria in clauses (A)—(E).

 (iii) Notify the Department of subsequent revisions to a sample siting plan as they occur. Revisions to a sample siting plan shall be submitted in written form to the Department within 30 days of notifying the Department of the revisions.

 (iv) Report to the Department the beginning and ending dates when a free chlorine burn is conducted for a system using chloramines.

 (v) Report to the Department a daily average if online monitoring and recording is substituted for grab sample measurements.

 (9) Level 1 and Level 2 assessments. A public water supplier shall:

 (i) Submit an assessment form completed in accordance with § 109.705(b) (relating to system evaluations and assessments) to the Department within 30 days after the system learns that it has exceeded a trigger under § 109.202(c)(4).

 (ii) Submit a revised assessment form in accordance with § 109.705(b) within 30 days of notification from the Department that revisions are necessary.

 (10) Reporting requirements for disinfection byproducts. In addition to the reporting requirements specified in paragraph (1), public water systems monitoring for disinfection byproducts under § 109.301(12) shall report the individual constituents for total trihalomethanes and haloacetic acids.

 (11) Noncompliance report. Except where a different reporting period is specified in this chapter, the water supplier shall report to the Department within 48 hours the failure to comply with any National Primary Drinking Water Regulation, including the failure to comply with any monitoring requirement set forth in this chapter.

 (b) Reporting requirements for community water systems. In addition to the reporting requirements for a public water system, a community water supplier shall comply with the following requirements:

 (1) The water supplier shall prepare a monthly operational report on forms provided by the Department or in a form acceptable to the Department. The report shall be maintained on file by the operator for at least 2 years and submitted upon request of the Department. The report must include at least the following:

 (i) The water produced daily.

 (ii) The chemical added daily.

 (iii) The physical and chemical determinations taken daily.

 (iv) Water-level monitoring data for supply and any associated monitoring wells.

 (v) The maintenance performed.

 (vi) Operational problems.

 (2) The water supplier shall comply with the applicable requirements of registration, reporting, recordkeeping and monitoring in Chapter 110, Subchapters B—E, regarding registration, reporting, recordkeeping and monitoring.

 (3) The water supplier shall keep a record of complaints received from consumers related to the act or this chapter on forms provided by the Department or in a form acceptable to the Department. Water suppliers complying with the Pennsylvania Public Utility Commission (PUC) complaint recordkeeping requirements under 52 Pa. Code § 65.3 (relating to complaints) shall be in compliance with this subsection if the complaints related to the act or this chapter are cross-referenced within the PUC required records in a manner to make them readily available. The records shall be maintained on file by the operator for at least 3 years and submitted upon request of the Department.

 (c) Reporting requirements for nontransient noncommunity water systems. In addition to complying with the reporting requirements for public water systems under subsection (a), a nontransient noncommunity water system shall comply with subsection (b)(1) except that records of water produced daily are not required.

 (d) Record maintenance. The public water supplier shall retain on the premises of the public water system or at a convenient location near the premises the following:

 (1) Records of bacteriological and turbidity analyses which shall be kept for at least 5 years, and records of chemical analyses which shall be kept for at least 12 years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, if the following information is included:

 (i) The date, place and time of sampling, and the name of the person who collected the sample.

 (ii) Identification of the sample as to whether it was a routine distribution system sample, check sample, raw or finished water sample, or other special purpose sample.

 (iii) The date of analysis.

 (iv) The laboratory, certification number and person responsible for performing the analysis.

 (v) The analytical technique and methods used.

 (vi) The results of the analysis.

 (2) Records of performance monitoring required under § 109.301, except for turbidity, which shall be kept for at least 3 years. Records of turbidity performance monitoring required under § 109.301 shall be kept for at least 5 years. At a minimum, these records must contain the reporting requirements under subsection (a).

 (3) Records of action taken by the public water supplier to correct violations of MCLs, MRDLs or treatment technique requirements, which shall be kept for at least 3 years after the last action taken with respect to the particular violation involved.

 (4) Copies of written reports or communications relating to sanitary surveys conducted by a water supplier or his agent, which shall be kept for at least 12 years.

 (5) Records concerning a variance or exemption granted to the system which shall be kept at least 5 years following the expiration of the variance or exemption.

 (6) Plans, specifications and permits for water system facilities which shall be kept for the life of the facility.

 (7) Records concerning the use of acrylamide and epichlorohydrin shall be kept for at least 12 years. These records must include verification that the chemicals used were certified for conformance with ANSI/NSF Standard 60 in accordance with § 109.606 (relating to chemicals, materials and equipment) and that the combination—or product—of dose and monomer level did not exceed the following:

 (i) Acrylamide = 0.05% dosed at 1 ppm (or equivalent).

 (ii) Epichlorohydrin = 0.01% dosed at 20 ppm (or equivalent).

 (8) Copies of public notifications issued under Subchapter D and certifications made to the Department under subsection (a)(4) shall be kept for 3 years after issuance.

 (9) A copy of any assessment form and documentation of corrective actions completed as a result of those assessments or other available summary documentation of the sanitary defects and corrective actions taken under § 109.705(b) shall be kept at least 5 years after completion of the assessment or corrective action.

 (e) Reporting requirements for public water systems required to perform individual filter monitoring under § 109.301(1)(iii).

 (1) Public water systems required to perform individual filter monitoring shall report that they have conducted individual filter monitoring within 10 days following the end of each month that the system serves water to the public.

 (2) Public water systems required to perform individual monitoring under § 109.301(1)(iii) shall report individual filter turbidity results if individual filter turbidity measurements demonstrate that one or more of the following conditions exist:

 (i) An individual filter has a measured turbidity level greater than 1.0 NTU in two consecutive measurements taken 15 minutes apart.

 (ii) An individual filter has a measured turbidity level of greater than 0.5 NTU in two consecutive measurements taken 15 minutes apart at the end of the first 4 hours of continuous filter operation after the filter has been backwashed or otherwise taken offline.

 (iii) An individual filter has a measured turbidity level greater than 1.0 NTU in two consecutive measurements taken 15 minutes apart at any time in each of 3 consecutive months.

 (iv) An individual filter has a measured turbidity level greater than 2.0 NTU in two consecutive measurements taken 15 minutes apart at any time in each of 2 consecutive months.

 (3) Individual filter turbidity monitoring reported as required under paragraph (2) must include the following at a minimum:

 (i) Filter number.

 (ii) Turbidity measurements.

 (iii) The dates on which the exceedance occurred.

 (iv) If an individual filter demonstrates a condition under paragraph (2)(i) or (ii), the date on which a filter profile was produced or the date on which the reason for a turbidity exceedance was determined.

 (v) If an individual filter demonstrates a condition under paragraph (2)(iii), the date on which a filter self-assessment was conducted.

 (vi) If an individual filter demonstrates a condition under paragraph (2)(iv), the date on which a comprehensive performance evaluation was conducted.

*  *  *  *  *

 (m) Additional reporting and recordkeeping requirements for systems using groundwater sources. In addition to the reporting and recordkeeping requirements of this subchapter, systems using groundwater sources shall also comply with the reporting and recordkeeping requirements of § 109.1307 (relating to system management responsibilities).

 (n) Additional reporting requirements for systems using reserve sources, treatment plants or entry points.

 (1) Systems must provide a report each quarter certifying the number of days that a reserve source, treatment plant or entry point was used during the previous quarter and estimating the expected timeframe the reserve source, treatment plant or entry point will remain in operation.

 (2) Systems must provide notification to the department within ten days after a reserve source, treatment plant or entry point is no longer in use.

§ 109.702. Operation and maintenance plan.

 (a) A community water supplier shall develop an operation and maintenance plan for the community water system. The operation and maintenance plan must generally conform to the guidelines contained in the Department's Public Water Supply Manual and must contain at least the following information:

 (1) A description of the facilities.

 (2) An explanation of startup and normal operation procedures.

 (3) Procedures for repairing and replacing water mains that conform to the Department and water industry standards.

 (4) A routine maintenance program.

 (5) Records and reporting system.

 (6) Sampling and analyses program.

 (7) Public notification elements in accordance with Subchapter D (relating to public notification) that include:

 (i) Public notice templates.

 (ii) EPA contaminant fact sheets, when available.

 (iii) An explanation of appropriate methods of delivery of public notice in accordance with Subchapter D.

 (8) Staffing and training.

 (9) System evaluation program as required under § 109.705(a) (relating to system evaluations and assessments) including the wellhead protection program for any water system that develops one under § 109.713 (relating to source water protection program).

 (10) Safety program.

 (11) Emergency plan and operating procedures.

 (12) Manufacturer's manuals.

 (13) An interconnect, valve, blowoff, alarm and shutdown, and auxiliary power equipment exercise and testing program.

 (14) Date of last update.

 (b) The community water supplier shall implement the operation and maintenance plan in accordance with accepted practices of the water supply industry.

 (c) The community water supplier shall review and update the operation and maintenance plan as necessary to reflect changes in the operation or maintenance of the water system. The plan must be:

 (1) Placed in secure locations which are readily accessible to the water system's personnel.

 (2) Presented upon request to the Department.

 (d) Noncommunity water suppliers may be directed by the Department to develop and implement an operation and maintenance plan as provided for in this section when the public health is threatened by inadequate operation and maintenance of the facilities.

§ 109.703. Facilities operation.

 (a) Public water system facilities approved by written permit from the Department shall be operated in a manner consistent with the terms and conditions of the permit to achieve the level of treatment for which the facilities were designed.

 (b) For surface water or GUDI sources, a public water supplier using filtration shall comply with the following requirements:

 (1) Water suppliers using conventional or direct filtration shall, prior to returning a filter to service, filter-to-waste for one full filter volume and until the filter bed effluent turbidity is less than 0.30 NTU at the normal production flow rate. Water suppliers may implement filter-to-waste for a period of time less than one full filter bed volume if an alternate operating technique is properly utilized to minimize the postbackwash turbidity spike to less than 0.15 NTU. Alternate techniques may include extended terminal subfluidization backwash, permitted addition of coagulant during the backwash or a post-backwash offline filter resting period. Water suppliers implementing alternate techniques shall keep records to document consistent and proper utilization of the technique.

 (2) A water supplier using slow sand filtration shall, following sanding, scraping or resanding of slow sand filters, filter-to-waste until one of the following occurs:

 (i) The filter bed effluent turbidity is less than 1.0 NTU at the normal production flow rate.

 (ii) A reduction in turbidity is achieved when the source water turbidity is less than 1.0 NTU.

 (3) A water supplier using diatomaceous earth filtration shall, following backwashing and recoating of diatomaceous earth filters, filter-to-waste until one of the following occurs:

 (i) The filter bed effluent turbidity is less than 1.0 NTU at the normal production flow rate.

 (ii) A reduction in turbidity is achieved when the source water turbidity is less than 1.0 NTU.

 (4) For a conventional or direct filtration facility permitted prior to March 25, 1989, without filter-to-waste capability, the Department, upon the supplier's request, may allow the supplier to utilize other operating techniques which minimize the initial increased turbidity peak when a filter is initially placed back into service after backwashing. The technique, which may include filter settling periods, ramping open the effluent valve or use of a coagulant in the backwash water, shall be justified by a filter performance study approved by the Department.

 (5) A system with filtration facilities shall implement a filter bed evaluation program, acceptable to the Department, which includes an evaluation of filter media, filter bed expansion, valves, surface sweep and sampling of filter turbidities over one entire filter run. The results of the evaluation shall be maintained on file and submitted to the Department upon request.

 (c) A public water supplier required to install alarm or shutdown capabilities, or both, under § 109.602 (relating to acceptable design) shall comply with the following:

 (1) Test the alarm and shutdown capabilities at least quarterly and document the results in the plant's operational log. To avoid unnecessary disruptions in treatment, simulated testing of shutdown capabilities is acceptable.

 (2) For any failures of alarm or shutdown equipment:

 (i) Ensure the plant is adequately staffed until the equipment is operational.

 (ii) Notify the Department as soon as possible of any failure that cannot be corrected within 24 hours.

 (iii) Restore the equipment to operation within 5 working days of the failure unless a longer period of time is approved by the Department.

 (d) Reserve sources, treatment plants or entry points identified in § 109.718(a)(1)(ii) (relating to comprehensive monitoring plan) may not be used without prior written approval from the Department. Approval to use a reserve source, treatment plant or entry point will expire upon submission of the notification specified in § 109.701(n)(2) (relating to reporting and recordkeeping). Department approval will be contingent on all of the following, at a minimum:

 (1) Completion of source water monitoring in accordance with § 109.503(a)(1)(iii)(D)(I)—(XI), (XIII) and (XV) (relating to public water system construction permits) prior to use. The Department will consider previous source water monitoring results for samples that were collected within the most recent 3 years. Compliance monitoring in accordance with § 109.301(15) (relating to general monitoring requirements) for reserve entry points shall continue so long as the reserve source, treatment plant or entry point is in use.

 (2) Documentation that source water monitoring specified in § 109.503(a)(1)(iii)(D)(XII) and (XIV) has been completed.

 (3) A determination and certification by the water supplier, after reviewing monitoring data obtained in accordance with paragraph (1) that use of the reserve source, treatment plant or entry point will not adversely impact treatment efficacy and that an adequate treatment strategy is in place so that the finished water will comply with all applicable drinking water standards.

§ 109.704. Operator certification.

 (a) Community and nontransient noncommunity water systems shall have personnel certified under the Water and Wastewater Systems Operators' Certification Act (63 P.S. §§ 1001—1015.1) and the regulations promulgated thereunder to operate and maintain a public water system.

 (b) Transient noncommunity water systems shall have competent personnel qualified to operate and maintain the system's facilities.

§ 109.705. System evaluations and assessments.

 (a) A community water supplier shall conduct an evaluation of the water system at least annually. The evaluation shall include the following activities:

 (1) An inspection of portions of the source water protection area necessary to identify and evaluate actual and potential sources of contamination.

 (i) An inspection of a source water protection area shall include a review of available information pertaining to possible sources of contamination such as underground storage tanks, onlot disposal systems and other activities that may have an adverse impact on water quality or quantity.

 (ii) Specific hydrogeological studies of sources of contamination are not necessary unless required under § 109.4, § 109.602 or § 109.603 (relating to general requirements; acceptable design; and source quality and quantity) or other rules of the Department.

 (iii) Revisions to the source water assessment if the inspection identified changes to actual or potential sources of contamination.

 (2) Evaluation of intake structures and transmission facilities.

 (3) Treatment facilities inspection consisting of an evaluation of the effectiveness of the operation and maintenance procedures and the condition and operability of permitted facilities.

 (4) Evaluation of finished water storage facilities and the distribution system.

 (5) Pressure surveys consisting of a measurement of pressures at representative points in the distribution system, which shall include new water line extensions. Surveys shall be made during periods of maximum and minimum usage. Records of these surveys shall show the date and time of the beginning and end of the test and the location at which the test was made.

 (6) The results of the annual system evaluation must be documented and made available to the Department upon request.

 (b) A public water system shall conduct Level 1 and 2 assessments required under § 109.202(c)(4) (relating to State MCLs, MRDLs and treatment technique requirements). The public water system shall also comply with any expedited actions or additional actions required by the Department in the case of an E. coli MCL violation.

 (1) A Level 1 or Level 2 assessment must include review and identification of the following elements, at a minimum:

 (i) Atypical events that could affect distributed water quality or indicate that distributed water quality was impaired.

 (ii) Changes in distribution system maintenance and operation that could affect distributed water quality, including water storage.

 (iii) Sources and treatment processes that impact distributed water quality.

 (iv) Existing water quality monitoring data.

 (v) Inadequacies in sample sites, sampling protocols and sample processing.

 (2) Within 30 days of triggering a Level 1 or Level 2 assessment under § 109.202(c)(4), a public water system shall complete the appropriate assessment and submit a report to the Department on forms acceptable to the Department.

 (3) A Level 1 assessment shall be conducted by competent personnel qualified to operate and maintain the water system's facilities.

 (4) A Level 2 assessment shall be conducted by one or more individuals meeting the following criteria:

 (i) Holds a valid certificate issued under Chapter 302 (relating to administration of the water and wastewater systems operators' certification program) to operate a water system.

 (ii) Maintains certification in the appropriate class and subclassifications as defined in Chapter 302 for the size and treatment technologies for the water system being assessed.

 (5) The Department may conduct a Level 1 or Level 2 assessment in addition to the assessment conducted by the public water system.

 (6) In the completed assessment report, the public water system shall describe all sanitary defects identified, corrective actions completed and a proposed timetable for any corrective actions not already completed. The assessment report may also note that no sanitary defects were identified.

 (7) If the Department determines that a Level 1 or Level 2 assessment is not sufficient, the public water system shall consult with the Department within 14 days of receiving written notification from the Department that the assessment is not sufficient. Following consultation, the Department may require a public water system to revise the assessment. A public water system shall submit a revised assessment form to the Department no later than 30 days from the date of consultation.

 (8) Public water systems shall correct sanitary defects found through either a Level 1 or Level 2 assessment conducted in accordance with this subsection. For corrections not completed by the time of submission of the assessment report, the public water system shall complete the corrective actions in compliance with a timetable approved by the Department in consultation with the system. The system shall notify the Department when each scheduled corrective action is completed.

 (9) At any time during the assessment or corrective action phase, either the public water system or the Department may request a consultation with the other party to determine the appropriate actions to be taken. The public water system may consult with the Department on all relevant information that may impact its ability to comply with a requirement of this subsection.

§ 109.706. System map.

 (a) A public water system that is not a bottled or vended water system or a retail water facility or a bulk water hauling system shall prepare and maintain on file a detailed map of the water system. A copy of the map shall be submitted to the Department upon request.

 (b) At a minimum the map must include all of the following:

 (1) Source and treatment plant locations.

 (2) Size and location of storage facilities.

 (3) Pump station locations.

 (4) Size, location and construction material of pipes.

 (5) Pressure zones.

 (6) Interconnections with other public water systems.

 (7) Monitoring locations.

 (c) The map shall be reviewed by the water supplier at least annually and updated as necessary. Water suppliers may meet this requirement by maintaining a calibrated hydraulic model instead of paper maps.

§ 109.708. System service and auxiliary power.

 (a) System service. No later than the dates specified in paragraphs (1)—(3), a community water supplier shall submit a certification on a certification form provided by the Department verifying completion of the uninterrupted system service plan (USSP) which was completed using the USSP form provided by the Department to ensure operation of the sources, treatment and pumping facilities necessary to ensure that safe and potable water is continuously supplied to users in accordance with subsection (b) or (c), or both. A continuous supply of safe and potable water is one that meets all applicable MCLs, MRDLs and treatment techniques specified in § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements) and is sufficient to maintain system pressure specified in § 109.607 (relating to pressures) throughout the distribution system.

 (1) By August 19, 2019, for systems serving 3,300 or fewer persons.

 (2) By August 17, 2020, for systems serving 3,301—10,000 persons.

 (3) By August 17, 2021, for systems serving greater than 10,000 persons.

 (b) Auxiliary power and alternate provisions. System service must be provided through one or more of the following methods:

 (1) Connection to at least two independent power feeds from separate substations.

 (i) The power feeds may not be located in the same conduit or supported from the same utility pole.

 (ii) If overhead power feeds are used, the power feeds may not cross or be located in an area where a single plausible occurrence (for example, a fallen tree) could disrupt both power feeds.

 (2) Onsite auxiliary power sources (that is, generators or engines).

 (3) A combination of alternate provisions, such as finished water storage capacity, interconnections with another public water system, portable generators and other system specific alternate provisions to meet the requirements of subsection (a).

 (c) Corrective action schedule. If the USSP and certification form completed in subsection (a) identify that deficiencies exist which prevent a continuous supply of safe and potable water as specified in subsection (a), and these deficiencies are not corrected by the dates specified in subsection (a)(1)—(3), a community water supplier shall submit to the Department, within 6 months after the dates specified in subsection (a)(1)—(3), a schedule which includes detailed corrective actions to address these deficiencies, including corresponding completion dates. The schedule for completion of each corrective action must be commensurate with the complexity of the associated corrective action.

 (d) Planned service interruptions. The public water supplier shall give reasonable notice to the affected customers prior to a planned service interruption affecting quantity or quality of the water delivered to the customer. If the interruption is scheduled to exceed 8 hours and affect 15 or more service connections the water supplier shall also notify the Department.

§ 109.713. Source water protection program.

 (a) For water suppliers seeking to obtain Department approval for a source water protection program, the source water protection program shall, at a minimum, consist of all of the following elements:

 (1) A steering committee composed of the necessary representatives, including, but not limited to, the water supplier, local government officials from the affected jurisdictions and potentially affected industry, to designate responsibilities for the planning and implementation of source water protection activities.

 (2) Public participation and education activities to promote awareness and encourage local support of source water protection activities.

 (3) A map depicting the source water protection areas that were delineated in accordance with the methodology provided by the Department.

 (4) A source water assessment for each source. If a source water assessment has not been previously conducted, identification of the source's susceptibility to potential and existing sources of contamination within each source's contributing area conducted in accordance with the methodology provided by the Department.

 (5) Development and implementation of source water protection area management approaches to protect the water supply source from activities that may contaminate the source. These approaches may include, but are not limited to, one or more of the following actions:

 (i) Purchase of the source water protection area by the water system.

 (ii) Adoption of municipal ordinances or regulations controlling, limiting or prohibiting future potential sources of contamination within the source water protection area.

 (iii) Adoption of municipal ordinances or regulations establishing design and performance standards for potential sources of contamination within the source water protection area.

 (iv) Transfer of development rights within the source water protection area to land outside of the source water protection area.

 (v) For groundwater sources, a groundwater monitoring network that serves as an early warning system.

 (vi) Public education programs.

 (vii) Other methods approved by the Department which will ensure an adequate degree of protection for the source.

 (6) Contingency planning for the provision of alternate water supplies in the event of contamination of a source and emergency responses to incidents that may impact water supply source quality.

 (7) Provisions to ensure the protection of sites identified for development as new water sources.

 (b) Water suppliers with an approved source water protection program shall review and update the program on an annual basis to ensure it is accurate and reflects current activities, and shall complete and submit the current version of the Department-provided annual update form.

§ 109.717. Significant deficiencies.

 The following apply to significant deficiencies identified by the Department:

 (1) Within 30 days of receiving written notification, the public water supplier shall consult with the Department regarding appropriate corrective actions unless the Department directs the system to implement a specific corrective action.

 (2) The public water supplier shall respond in writing to significant deficiencies no later than 45 days after receipt of written notification from the Department, indicating how and on what schedule the system will address significant deficiencies.

 (3) Corrective actions shall be completed in accordance with applicable Department plan review processes or other Department guidance or direction, if any, including Department-specified interim measures.

 (4) The public water supplier shall correct significant deficiencies identified within 120 days of receiving written notification from the Department, or earlier if directed by the Department, or according to the schedule approved by the Department.

 (5) If the Department specifies interim measures for protection of the public health pending Department approval of the corrective action plan and schedule or pending completion of the corrective action plan, the public water supplier shall comply with these interim measures as well as with any schedule specified by the Department.

 (6) The public water supplier shall request and obtain approval, in writing, from the Department for any subsequent modifications to a Department-approved corrective action plan and schedule.

§ 109.718. Comprehensive monitoring plan.

 (a) By August 19, 2019, a community or nontransient noncommunity water supplier shall develop a comprehensive monitoring plan to assure that all sources, purchased interconnections and entry points are included in compliance monitoring at the entry points and within the distribution system. The plan must contain at least all of the following:

 (1) A list of all sources, purchased interconnections, treatment plants and entry points permitted under this chapter. The availability of each source, treatment plant and entry point must be designated as either permanent or reserve. The availability of each purchased interconnection must be designated as either permanent or emergency. Permanent, reserve and emergency availability categories are as follows:

 (i) Permanent—A source, treatment plant, entry point or purchased interconnection permitted under this chapter that is used on a regular basis. Permanent facilities must be included in compliance monitoring. Permanent entry points receiving water from a reserve source must be monitored in accordance with § 109.301(15) (relating to general monitoring requirements).

 (ii) Reserve—A source, treatment plant or entry point permitted under this chapter which is not used on a regular basis, but remains on standby to augment or supplement permanent sources, treatment plants or entry points. A reserve source, treatment plant or entry points may not be used without prior written approval from the Department under § 109.703(d) (relating to facilities operation).

 (iii) Emergency—A purchased interconnection permitted under this chapter which is used during temporary emergency situations.

 (2) A schematic of all sources and associated treatment plants and entry points, purchased interconnections and the relative locations of the points of entry into the distribution system.

 (3) For each entry point, a description of normal operating conditions, including whether the entry point provides water continuously, whether each source contributing to the entry point provides water continuously and whether sources are alternated or blended. For alternated sources, include the operation schedule for each source. For blended sources, include a description of the range of blending ratios.

 (4) A description of how all permanent sources and permanent entry points are included in compliance monitoring.

 (b) The plan must include the sample siting plans and monitoring plans required under other sections of this chapter, including the total coliform sample siting plan required under § 109.701(a)(5) (relating to reporting and recordkeeping), the monitoring plan for disinfectants, DBPs and DBP precursors required under § 109.701(g), the lead and copper sample site location plan required under § 109.1107(a)(1) (relating to system management responsibilities) and the source water sampling plan required under § 109.1202(h) (relating to monitoring requirements).

 (c) The water supplier shall review and update the plan at least annually and as necessary to reflect changes to facilities or operations. The date of each update must be recorded on the plan.

 (d) By August 19, 2019, the water supplier shall submit the initial plan to the Department. The water supplier shall review the plan annually and submit an updated plan to the Department, if revisions are made. These plans are subject to Department review and revision.

Subchapter H. LABORATORY CERTIFICATION

§ 109.810. Reporting and notification requirements.

 (a) Beginning November 13, 2009, a laboratory accredited under Chapter 252 (relating to environmental laboratory accreditation) shall electronically report to the Department on behalf of the public water supplier and in accordance with the reporting requirements under § 109.701(a) (relating to reporting and recordkeeping) the results of test measurements or analyses performed by the laboratory under this chapter using a secure computer application provided by the Department. In the event of a Department computer application failure, the Department will notify the laboratory of an alternate reporting method. In the event that a laboratory is unable to submit data electronically, due to circumstances beyond its control, the laboratory shall notify the Department prior to the applicable reporting deadline. If the Department determines that the circumstances were beyond the control of the laboratory, the Department will specify a temporary, alternate reporting method the laboratory shall use to meet the reporting deadline.

 (1) Unless a different reporting period is specified in this chapter, these results shall be reported within either the first 10 days following the month in which the result is determined or the first 10 days following the end of the required monitoring period as stipulated by the Department, whichever is shorter.

 (2) Beginning November 23, 2009, an accredited laboratory and the public water supplier shall be given until the 10th of the following month to review and update submitted data using a secure computer application provided by the Department. Omissions and data errors remaining after the review period shall be considered reporting violations of the public water supplier.

 (b) A laboratory accredited under Chapter 252 shall whenever the results of test measurements or analyses performed by the laboratory under this chapter indicate an MCL, MRDL or a treatment technique performance requirement under § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements) is exceeded, or any individual tap sample result exceeds the action level value specified in § 109.1102(a) (relating to action levels and treatment technique requirements), or a sample result requires the collection of check or confirmation samples under § 109.301 (relating to general monitoring requirements), or any check sample collected under § 109.301(3) is total coliform-positive, or a sample collected by a seasonal system as part of a Department-approved start-up procedure under § 109.301(3)(i)(c) is total coliform-positive, or a sample collected under Subchapter M (relating to additional requirements for groundwater sources) is E. coli-positive:

 (1) Notify the public water supplier by telephone within 1 hour of the laboratory's determination. If the supplier cannot be reached within that time, notify the Department by telephone within 2 hours of the determination. If it is necessary for the laboratory to contact the Department after the Department's routine business hours, the laboratory shall contact the appropriate Department regional office's after-hours emergency response telephone number and provide information regarding the occurrence, the name of a contact person and the telephone number where that individual may be reached in the event further information is needed. If the Department's appropriate emergency number cannot be reached, the laboratory shall notify the appropriate Department regional office by telephone within 1 hour of the beginning of the next business day. Each accredited laboratory shall be responsible for the following:

 (i) Obtaining and then maintaining the Department's current after-hours emergency response telephone numbers for each applicable regional office.

 (ii) Establishing or updating a standard operating procedure by November 8, 2002, and at least annually thereafter to provide the information needed to report the occurrences to the Department. The information regarding the public water system must include, but is not limited to, the PWSID number of the system, the system's name, the contaminant involved in the occurrence, the level of the contaminant found, where the sample was collected, the dates and times that the sample was collected and analyzed, the name and identification number of the accredited laboratory, the name and telephone number of a contact person at the laboratory and what steps the laboratory took to contact the public water system before calling the Department.

 (2) Notify the appropriate Department district office in writing within 24 hours of the determination. For the purpose of determining compliance with this requirement, the postmark, if the notice is mailed, or the date the notice is received by the Department, whichever is earlier, will be used. Upon approval by the Department, the notice may be made electronically to the Department as long as the information is received within the 24-hour deadline.

 (c) A laboratory accredited under Chapter 252 shall meet the requirements under subsections (a) and (b), regarding the results of test measurements or analyses performed by the laboratory under this chapter, unless the laboratory assigns in writing the responsibility for reporting and notification to another accredited laboratory.

 (d) A laboratory accredited under Chapter 252 shall be responsible for the accurate reporting of data required under this section to the Department.

Subchapter J. BOTTLED WATER AND VENDED WATER SYSTEMS, RETAIL WATER FACILITIES AND BULK WATER HAULING SYSTEMS

§ 109.1003. Monitoring requirements.

*  *  *  *  *

 (b) Sampling requirements.

 (1) For bottled water and vended water systems, retail water facilities and bulk water hauling systems, samples taken to determine compliance with subsection (a) shall be taken from each entry point.

 (i) For bottled water systems, each entry point means each finished bottled water product. If multiple sources are used for a product and are not blended prior to bottling, the bottled water product for each source shall be considered a different product for monitoring purposes.

 (ii) For bulk water hauling systems, retail water facilities and vended water systems, each entry point shall mean a point of delivery to the consumer from each carrier vehicle, machine or dispenser representative of each source.

 (2) For the purpose of determining compliance with the monitoring and analytical requirements established under this subchapter, the Department will consider only those samples analyzed by a laboratory accredited by the Department, except that measurements of turbidity, fluoridation operation, residual disinfectant concentration, daily chlorite, temperature and pH may be performed by a person meeting the requirements of § 109.1008(c) (relating to system management responsibilities).

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

*  *  *  *  *

§ 109.1005. Permit requirements.

*  *  *  *  *

 (c) Special permit by rule requirement for bottled water systems. A person owning or operating a bottled water system in this Commonwealth permitted under this chapter shall obtain an amended permit before making substantial modifications to the processing and bottling facilities unless the bottled water system satisfies the conditions in paragraphs (1)—(5). The permit-by-rule does not apply to the collection facilities. The Department retains the right to require a bottled water system that meets the requirements of paragraphs (1)—(5) to obtain a permit, if, in the judgment of the Department, the bottled water system cannot be adequately regulated through the standardized specifications and conditions. A bottled water system which is released from the obligation to obtain a permit shall comply with the other requirements of this subchapter, including design, construction and operation requirements. The following are the conditions for a permit-by-rule:

 (1) The bottled water system has as its sole source of water permitted groundwater sources which are not under the direct influence of surface water as determined through the Department's Guidance for Surface Water Identification protocol or finished water from a Department approved community water system.

 (2) The water quality of the sources does not exceed the Food and Drug Administration quality standards for primary (that is, health-related) chemical and radiological contaminants specified in 21 CFR 165.110 (relating to bottled water) as determined under sampling conducted under subsection (e)(4)(ii) and requires treatment no greater than disinfection to provide water of a quality that meets the primary MCLs established under Subchapter B (relating to MCLs, MRDLs or treatment technique requirements).

 (3) Proof that the facilities meet the standards of the Food and Drug Administration in 21 CFR Parts 110, 129 and 165 (relating to current good manufacturing practice in manufacturing, packing, or holding human food; processing and bottling of bottled drinking water; and beverages) and the IBWA Model Bottled Water Code as determined by an onsite evaluation conducted by a Nationally recognized, independent, not-for-profit third-party organization such as NSF or other organization acceptable to the Department. The onsite evaluation shall be conducted annually. The proof shall consist of the report issued by the organization which shall be submitted to the Department within 30 days following the completion of the onsite evaluation. To be acceptable to the Department, the organization shall:

 (i) Be accredited by ANSI as a third-party inspection/evaluation organization.

 (ii) Have well developed, documented policies, procedures and contracts to support Department enforcement actions for meeting compliance objectives.

 (4) A bottled water system intending to operate under this subsection shall submit written notification to the Department with documentation that the system complies with paragraphs (1)—(3).

 (5) A bottled water system operating under this subsection shall file descriptions of substantial modifications made to the system to the Department within 30 days of operation of the modification. The description must include documentation that the modification meets the following requirements as applicable:

 (i) Compliance with the product water-contact materials and treatment chemical additives toxicological requirements of § 109.606 (relating to chemicals, materials and equipment) or alternatively, the Food and Drug Administration standards in 21 CFR Part 129.

 (ii) Validated treatment technologies for the reduction of contaminants. Validated treatment technologies are those that have been permitted by the Department under this chapter at the bottled water system operating under the permit by rule or certified to an applicable ANSI/NSF standard by NSF or other certification organization acceptable to the Department or verified under the EPA Environmental Technology Verification Program. To be acceptable to the Department, a certification organization other than NSF shall be accredited by ANSI as a third-party certification organization and meet the requirements under § 109.606(e) as applicable to the appropriate ANSI/NSF standard for the treatment technology.

 (6) The Department will publish a notice in the Pennsylvania Bulletin of its determination that a bottled water system has complied with paragraphs (1)—(4) and is operating under the permit by rule. The Department will publish a notice in the Pennsylvania Bulletin of descriptions submitted under paragraph (5) of substantial modifications made by a bottled water system operating under the permit-by-rule.

 (d) Permit amendments. A person may not substantially modify a bottled water or vended water system, retail water facility or bulk water hauling system operated under a public water system permit without obtaining a permit amendment from the Department or otherwise complying with subsection (f).

 (e) Permit applications. An application for a public water system permit for a bottled water or vended water system, retail water facility or bulk water hauling system shall be submitted in writing on forms provided by the Department and shall be accompanied by plans, specifications, engineer's report, water quality analyses and other data, information or documentation reasonably necessaryto 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 17105-8467 which contains acceptable design standards and technical guidance. Water quality analyses shall be conducted by a laboratory certified under this chapter. An application for a public water system permit for a bottled water or vended water system, retail water facility or bulk water hauling system must include:

*  *  *  *  *

 (i) Permit fees. An application for a permit from the Department under this subchapter must be accompanied by a fee in the amount specified in Subchapter N (relating to drinking water fees).

Subchapter K. LEAD AND COPPER

§ 109.1105. Permit requirements.

 (a) General permit requirements. A person may not construct, substantially modify or operate corrosion control treatment facilities to comply with this subchapter without having obtained the appropriate permit approvals under Subchapter E (relating to permit requirements) and this section.

 (b) Construction permits and permit amendments. The water supplier shall submit an application for a public water system construction permit for a newly-created system or an amended construction permit for a currently-permitted system for corrosion control treatment facilities by the applicable deadline established in § 109.1102(b)(2) (relating to action levels and treatment technique requirements), unless the system complies with paragraph (1) or (2) or otherwise qualifies for a minor permit amendment under § 109.503(b) (relating to public water system construction permits). The permit application must comply with § 109.503 and contain the applicable information specified therein. The application must include recommended water quality parameter performance requirements for optimal corrosion control treatment as specified in § 109.1102(b)(5) and other data, information or documentation necessary to enable the Department to consider the application for a permit for construction of the facilities.

 (1) Community water system minor permit amendments. Until August 18, 2018, a community water supplier may submit a written request for an amended construction permit to the Department if the system satisfies the conditions under subparagraphs (i)—(iv). A request for an amended construction permit under this paragraph must describe the proposed change in sufficient detail to allow the Department to adequately evaluate the proposal.

 (i) The system is a small water system.

 (ii) The sources of supply for the system are not surface water sources.

 (iii) Except for corrosion control treatment, the sources require treatment no greater than disinfection to provide water of a quality that meets the MCLs and treatment technique requirements established under Subchapter B (relating to MCLs, MRDLs or treatment technique requirements).

 (iv) The proposed corrosion control treatment is limited to alkalinity or pH adjustment, or both.

 (2) Nontransient noncommunity water system permits. Until August 18, 2018, a nontransient noncommunity water supplier is not required to obtain a construction permit or permit amendment under subsection (b) if the system satisfies the following specifications and conditions:

 (i) The system is a small water system.

 (ii) The sources of supply for the system are not surface water sources.

 (iii) Except for corrosion control treatment, the sources require treatment no greater than disinfection to provide water of a quality that meets the MCLs and treatment technique requirements established under Subchapter B.

 (iv) The proposed corrosion control treatment is limited to alkalinity or pH adjustment, or both.

 (v) The water supplier files a brief description of the proposed treatment, including recommended water quality parameter performance requirements for optimal corrosion control treatment as specified in § 109.1102(b)(5), on forms acceptable to the Department. Descriptions of modifications shall be submitted and approved by the Department prior to construction.

 (3) Beginning August 19, 2018, community water systems and nontransient noncommunity water systems required to install optimal corrosion control treatment in accordance with § 109.1102(b) shall obtain a construction and operation permit.

 (c) Operation permits. Except for nontransient noncommunity water systems complying with subsection (b)(2), the water supplier shall obtain an operation permit or amended operation permit following completion of construction and prior to initiation of operation of corrosion control treatment facilities. The permit will be issued in accordance with § 109.504 (relating to public water system operation permits). The Department will not issue an operation permit under this subchapter unless the water system complies with the operation and maintenance plan requirements under § 109.1107(b) (relating to system management responsibilities) and the operator certification requirements under § 109.1107(c). The water supplier for a community water system or nontransient noncommunity water system shall submit a request for Department designation of optimal corrosion control treatment performance requirements in accordance with § 109.1102(b)(2) and the Department will issue an amended operation permit designating the performance requirements as specified in § 109.1102(b)(5).

§ 109.1107. System management responsibilities.

 (a) Reporting and recordkeeping. Systems shall comply with the following requirements and otherwise comply with § 109.701 (relating to reporting and recordkeeping):

 (1) Sample site location plan. The system shall prepare a sample site location plan in accordance with § 109.1103(g) (relating to monitoring requirements), maintain the plan on record and submit the plan to the Department prior to conducting initial lead and copper tap monitoring or upon request. The water supplier shall update the following information in the plan within the first 10 days following the end of each applicable monitoring period:

 (i) Selection of different lead and copper tap sample sites from sites sampled during previous monitoring periods.

 (ii) Changes in water quality parameter distribution or entry point site selection or source water entry point site selection from sites sampled during previous monitoring periods.

 (iii) An update of the sample procedure certification required under § 109.1103(g)(4).

 (2) Reporting of monitoring results. The water supplier shall assure that the results of analyses conducted in accordance with § 109.1103 are reported to the Department within the first 10 days following the end of each applicable monitoring period as stipulated by § 109.1103. Additional monitoring results beyond that required under § 109.1103 shall be kept on record by the water supplier and presented or submitted to the Department upon request.

 (i) Lead and copper tap monitoring results. The following minimum information is required when reporting lead and copper tap monitoring results to the Department.

 (A) The name, address and public water system identification number (PWSID) of the public water system from which the samples are taken.

 (B) The contaminant ID.

 (C) The parameter name.

 (D) The sample period.

 (E) The sample type.

 (F) The analytical methods used.

 (G) The results of analyses conducted in accordance with this subchapter for lead and copper tap monitoring.

 (H) The sample location.

 (I) The name, address and identification number of the certified laboratory performing the analysis.

 (ii) Water quality parameter monitoring results. The following minimum information is required when reporting water quality parameter results to the Department:

*  *  *  *  *

§ 109.1108. Fees.

 An application for the review of a corrosion control treatment feasibility study under § 109.1102(b)(3) (relating to action levels and treatment technique requirements), a permit from the Department under this subchapter or a Department designation of optimal corrosion control treatment performance requirements in accordance with § 109.1102(b)(2)(ii) must be accompanied by a fee in the amount specified in Subchapter N (relating to drinking water fees).

Subchapter L. LONG-TERM 2 ENHANCED SURFACE WATER TREATMENT RULE

§ 109.1202. Monitoring requirements.

*  *  *  *  *

 (l) Source water sample locations for plants with chemical treatment. Systems shall collect source water samples prior to chemical treatment, such as coagulants, oxidants and disinfectants.

 (m) Source water sample location for plants that recycle. Systems that recycle filter backwash water shall collect source water samples prior to the point of filter backwash water addition.

 (n) Source water sample locations for systems with bank filtration.

 (1) Systems that receive Cryptosporidium treatment credit for bank filtration to meet existing treatment technique requirements of § 109.202(c) (relating to State MCLs, MRDLs and treatment technique requirements), as applicable, shall collect source water samples in the surface water prior to bank filtration.

 (2) Systems that use bank filtration as pretreatment to a filtration plant shall collect source water samples from the well (that is, after bank filtration). Use of bank filtration during monitoring must be consistent with routine operational practice. Systems collecting samples after a bank filtration process may not receive treatment credit for the bank filtration under § 109.1204(f) (relating to requirements for microbial toolbox components).

 (o) Source water sample locations for systems with multiple sources. Systems with plants that use multiple water sources, including multiple surface water sources and blended surface water and groundwater sources, shall collect samples as specified in paragraph (1) or (2). The use of multiple sources during monitoring shall be consistent with routine operational practice. Sources not adequately evaluated during the monitoring period will be considered new sources and the requirements under subsection (f) will apply. Systems may begin monitoring a new source as soon as a sampling schedule and plan have been approved by the Department.

 (1) If a sampling tap is available where the sources are combined prior to treatment, systems shall collect samples from the tap.

 (2) If a sampling tap where the sources are combined prior to treatment is not available, systems shall collect samples at each source near the intake on the same day and shall follow either subparagraph (i) or (ii) for sample analysis.

 (i) Systems may composite samples from each source into one sample prior to analysis. The volume of sample from each source must be weighted according to the proportion of the source in the total plant flow at the time the sample is collected.

 (ii) Systems may analyze samples from each source separately and calculate a weighted average of the analysis results for each sampling date. The weighted average must be calculated by multiplying the analysis result for each source by the fraction the source contributed to total plant flow at the time the sample was collected and then summing these values.

 (p) Additional requirements. A system shall submit a description of its sampling locations to the Department at the same time as the sampling schedule required under subsections (h)—(j). This description must address the position of the sampling location in relation to the system's water sources and treatment processes, including pretreatment, points of chemical treatment and filter backwash recycle. If the Department does not respond to a system regarding sampling locations, the system shall sample at the reported locations.

§ 109.1203. Bin classification and treatment technique requirements.

*  *  *  *  *

 (f) Treatment and management options for filtered systems, microbial toolbox.

 (1) Filtered systems shall use one or more of the treatment and management options listed in § 109.1204 (relating to requirements for microbial toolbox components), termed the microbial toolbox, to comply with the additional Cryptosporidium treatment required in subsection (e).

 (2) Systems using sources classified in Bin 3 and Bin 4 shall achieve at least 1-log of the additional Cryptosporidium treatment required under § 109.1204(a) using either one or a combination of the following: bag filters, bank filtration, cartridge filters, chlorine dioxide, membranes, ozone or UV, as described in § 109.1204.

 (g) Failure to meet treatment credit. Failure by a system in any month to achieve treatment credit by meeting criteria in § 109.1204 for microbial toolbox options that is at least equal to the level of treatment required in subsection (e) is a violation of the treatment technique requirement.

*  *  *  *  *

§ 109.1204. Requirements for microbial toolbox components.

*  *  *  *  *

 (h) Individual filter performance. Systems using conventional filtration treatment or direct filtration treatment will receive 0.5-log Cryptosporidium treatment credit, which can be in addition to the 0.5-log credit under subsection (g), during any month the system meets the criteria in this subsection. Compliance with these criteria must be based on individual filter turbidity monitoring as described in § 109.301(1)(iii) (relating to general monitoring requirements), as applicable.

*  *  *  *  *

§ 109.1206. Reporting and recordkeeping requirements.

*  *  *  *  *

 (e) Source water reporting data elements. Systems shall report the applicable information in paragraphs (1) and (2) for the source water monitoring required under § 109.1202.

 (1) Cryptosporidium data elements. Systems shall report data elements in subparagraphs (i)—(viii) for each Cryptosporidium analysis. Systems shall report, in a form acceptable to the Department, data elements in subparagraphs (ix)—(xi) as applicable.

 (i) PWS ID.

 (ii) Source ID.

 (iii) Sample collection date.

 (iv) Sample type (field or matrix spike).

 (v) Sample volume filtered (L), to nearest 1/4 L.

 (vi) Indicate whether 100% of filtered volume was examined.

 (vii) Number of oocysts occurred.

 (viii) The concentration of oocysts per liter.

 (ix) For matrix spike samples, systems shall also report the sample volume spiked and estimated number of oocysts spiked. These data are not required for field samples.

 (x) For samples in which less than 10 L is filtered or less than 100% of the sample volume is examined, systems shall also report the number of filters used and the packed pellet volume.

 (xi) For samples in which less than 100% of sample volume is examined, systems shall also report the volume of resuspended concentrate and volume of this resuspension processed through immunomagnetic separation.

*  *  *  *  *

Subchapter M. ADDITIONAL REQUIREMENTS FOR GROUNDWATER SOURCES

§ 109.1302. Treatment technique requirements.

*  *  *  *  *

 (c) Groundwater systems with source water E. coli contamination or significant deficiencies.

 (1) A groundwater system with an E. coli-positive groundwater source sample collected under § 109.505(a)(3) (relating to requirements for noncommunity water systems), § 109.1303(a) or § 109.1304(a) shall implement one or more of the following corrective actions:

 (i) Provide an alternative source of water.

 (ii) Eliminate the source of contamination.

 (iii) Submit information required under § 109.1306 and provide treatment that reliably achieves at least 4-log treatment of viruses before the first customer for the groundwater source or sources and comply with compliance monitoring requirements under § 109.1305.

 (2) A groundwater system with a significant deficiency or an E. coli-positive groundwater source sample collected under § 109.1303(a) or § 109.1304(a) will receive one of the following forms of notification:

 (i) Written notice from the Department of a significant deficiency.

 (ii) Notification from a laboratory under § 109.810(b) (relating to reporting and notification requirements) that a groundwater source sample collected under § 109.1303(a) or § 109.1304(a) was found to be E. coli-positive.

 (3) A groundwater system with a significant deficiency or an E. coli-positive source water sample collected under § 109.1303(a) or § 109.1304(a) shall comply with § 109.717 (relating to significant deficiencies).

§ 109.1303. Triggered monitoring requirements for groundwater sources.

*  *  *  *  *

 (h) For an E. coli-positive source water sample collected under subsection (a) that is not invalidated under subsection (g), the system shall comply with Tier 1 public notification requirements under § 109.408 (relating to Tier 1 public notice—categories, timing and delivery of notice).

 (i) Systems providing water to another public water system receiving notification under subsection (e) shall comply with subsection (a).

§ 109.1305. Compliance monitoring.

 (a) Chemical disinfection. Groundwater systems demonstrating at least 4-log treatment of viruses using chemical disinfection shall monitor for and maintain the Department-approved residual disinfection concentration every day the system serves the public from the groundwater source.

 (1) A groundwater system serving greater than 3,300 people shall:

 (i) Continuously monitor the residual disinfectant concentration at the entry point or other location approved by the Department and record the results at least every 15 minutes each day that water from the groundwater source is served to the public.

 (ii) Maintain the Department-approved minimum residual disinfectant concentration every day the public water system serves water from the groundwater source to the public.

 (iii) Conduct grab sampling every 4 hours until the continuous monitoring equipment is returned to service if there is a failure in the continuous monitoring equipment and notify the Department within 24 hours of the equipment failure that grab sampling is being conducted. Grab sampling or manual recording may not be substituted for continuous monitoring for longer than 5 working days after the equipment fails unless a longer period of time is approved by the Department.

 (2) A groundwater system serving 3,300 or fewer people shall comply with one of the following subparagraphs:

 (i) The groundwater system shall maintain the Department-approved minimum residual disinfectant concentration every day the public water system serves water from the groundwater source to the public. The groundwater system shall take a daily grab sample at the entry point or other location approved by the Department during the hour of peak flow or at any other time specified by the Department. If any daily grab sample measurement falls below the Department-approved minimum residual disinfectant concentration, the groundwater system shall take follow up samples every 4 hours and record the results until the residual disinfectant concentration is restored to the Department-approved minimum level.

 (ii) Monitor the disinfectant residual concentration continuously and meet the requirements of paragraph (1).

 (b) Alternative treatment. Groundwater systems demonstrating at least 4-log treatment of viruses using a Department-approved alternative treatment method, including a combination of treatment methods shall:

 (1) Monitor the alternative treatment in accordance with all Department-approved monitoring requirements.

 (2) Operate the alternative treatment in accordance with all compliance requirements that the Department determines to be necessary to achieve at least 4-log treatment of viruses.

§ 109.1306. Information describing 4-log treatment and compliance monitoring.

 (a) Community water systems, noncommunity water systems which hold a valid operation permit under § 109.504 (relating to public water system operation permits) and bottled water and vended water systems, retail water facilities and bulk water hauling systems which hold a valid permit under § 109.1005 (relating to permit requirements) demonstrating at least 4-log treatment of viruses under § 109.1302 (relating to treatment technique requirements) shall submit information in writing on forms provided by the Department and may include plans, specifications, engineer's report, water quality analyses and other data, information or documentation reasonably necessary to enable the Department to evaluate:

 (1) Treatment effectiveness.

 (2) The methodology the system will use to comply with § 109.1305 (relating to compliance monitoring).

 (b) A noncommunity water system not covered under subsection (a) demonstrating at least 4-log treatment of viruses under § 109.1302 shall:

 (1) File an amendment to the system description as described under § 109.505(a)(2)(ii) (relating to requirements for noncommunity water systems).

 (2) Submit an application for a noncommunity water system 4-log treatment of groundwater sources permit. The application shall be submitted in writing on forms provided by the Department.

 (3) Submit plans, specifications, engineer's report, water quality analyses and other data, information or documentation reasonably necessary to enable the Department to determine compliance with the act and this chapter. The Department will make available to the applicant the Public Water Supply Manual, available from the Bureau of 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.

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

 (1) 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.

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

§ 109.1307. System management responsibilities.

 (a) Reporting. Groundwater systems shall comply with the following requirements and otherwise comply with § 109.701 (relating to reporting and recordkeeping):

 (1) A groundwater system conducting compliance monitoring under § 109.1305 (relating to compliance monitoring):

 (i) Shall report to the Department, for each entry point or other Department-approved monitoring location:

 (A) The date, time and lowest value each day the residual disinfectant concentration remains equal to or greater than the Department-required minimum value established under § 109.1306 (relating to information describing 4-log treatment and compliance monitoring).

 (B) The initial date, time and value for each occurrence that the residual disinfectant concentration is less than the Department-required minimum, and the subsequent date, time and value that the residual disinfectant concentration is equal to or greater than the required minimum.

 (C) Each date the entry point is not in operation.

 (ii) That experiences a breakdown in treatment shall notify the Department within 1 hour after the water system learns of the violation or the situation and provide public notice in accordance with § 109.408 (relating to Tier 1 public notice—categories, timing and delivery of notice). A breakdown in treatment occurs whenever the system fails to meet, for greater than 4 hours of operation, any Department-specified requirements relating to:

 (A) Minimum residual disinfectant concentration.

 (B) Alternative treatment operating criteria, if operation in accordance with the criteria or requirements is not restored within 4 hours.

 (2) After completing any corrective action under § 109.1302(c) (relating to treatment technique requirements), a groundwater system shall notify the Department within 30 days of completion of the corrective action.

 (b) Recordkeeping. Groundwater systems shall comply with § 109.701 and maintain the following information in its records:

 (1) Corrective actions. Documentation shall be kept for at least 10 years.

 (2) Notice to the public as required under Subchapter D (relating to public notification). Documentation shall be kept for at least 3 years.

 (3) Records of invalidation of E. coli-positive groundwater source samples under §§ 109.1303(g) and 109.1304(b) (relating to triggered monitoring requirements for groundwater sources; and assessment source water monitoring). Documentation shall be kept for at least 5 years.

 (4) Records of notification to other public water systems. For a public water system obtaining groundwater from another public water system, documentation of notification to the supplier of total-coliform positive samples that are not invalidated under § 109.301(3)(iii) (relating to general monitoring requirements). Documentation shall be kept for at least 5 years.

 (5) Compliance monitoring. For systems, including suppliers providing water to another public water system, that are required to perform compliance monitoring under § 109.1305:

 (i) Documentation of the records of the Department-specified minimum disinfectant residual shall be kept for at least 10 years.

 (ii) Documentation of the records of the lowest daily residual disinfectant concentration and records of the date and duration of any failure to maintain the Department-prescribed minimum residual disinfectant concentration for more than 4 hours, shall be kept for at least 5 years.

 (iii) Documentation of the records of the Department-specified compliance requirements specified by the Department for Department-approved alternative treatment and records of the date and duration of any failure to meet alternative treatment operating requirements for more than 4 hours, shall be kept for at least 5 years.

Subchapter N. DRINKING WATER FEES

Sec.

109.1401.	General.
109.1402.	Annual fees.
109.1403.	Monitoring waiver fees.
109.1404.	Community and noncommunity water system permitting fees.
109.1405.	Permitting fees for general permits.
109.1406.	Permitting fees for bottled water and vended water systems, retail water facilities and bulk water hauling systems.
109.1407.	Feasibility study.
109.1408.	Noncommunity water system application for approval.
109.1409.	Noncommunity water system 4-log permit.
109.1410.	Payment of fees.
109.1411.	Disposition of funds.
109.1412.	Failure to remit fees.
109.1413.	Evaluation of fees.

§ 109.1401. General.

 (a) This subchapter establishes fees for each public water system for services provided by the Department to implement the act, retain primacy, and protect the public health and safety.

 (b) This subchapter applies to each public water system.

§ 109.1402. Annual fees.

 (a) Annual fee. Beginning January 1, 2019, each public water system shall pay an annual fee as set forth in this section.

 (1) For community water systems, the annual fees are as follows:

Population Served	Fee
100 or less	$250
101—500	$500
501—1,000	$1,000
1,001—2,000	$2,000
2,001—3,300	$4,000
3,301—5,000	$6,500
5,001—10,000	$10,000
10,001—25,000	$20,000
25,001—50,000	$25,000
50,001—75,000	$30,000
75,001—100,000	$35,000
100,001 or more	$40,000

 (2) For nontransient noncommunity water systems, the annual fees are as follows:

Population Served	Fee
100 or less	$100
101—500	$250
501—1,000	$500
1,001—3,300	$750
3,301 or more	$1,000

 (3) For transient noncommunity water systems, the annual fees are as follows:

Population Served	Fee
100 or less	$50
101—500	$100
501—1,000	$200
1,001 or more	$500

 (4) For bottled water or vended water systems, retail water facilities or bulk water hauling systems, the annual fees are as follows:

Type	Fee
Bottled—in-State	$2,500
Bottled—out-of-State	$2,500
Vended	$1,000
Retail	$1,000
Bulk	$1,000

 (b) Basis for ''population served.'' The ''population served'' shall be based on the Department's public water system inventory at the time of billing.

 (c) Payment of fees.

 (1) All fees payable under this section are due according to the following schedule:

Population Served	Submit Annual Fee By
3,301 or more	March 31
501—3,300	June 30
101—500	September 30
100 or less	December 31

 (2) New systems that begin operation after January 1 will not be assessed an annual fee for partial calendar year periods. Annual fees shall be payable on or before the date indicated in paragraph (1) of the next calendar year, and each year thereafter.

 (3) For annual fees of $6,500 or more, a public water system may request to divide its annual fee payment into equal quarterly installments by submitting a written request to the Department. Quarterly installments shall be due on March 31, June 30, September 30 and December 31.

§ 109.1403. Monitoring waiver fees.

 (a) New waivers. An application for a new waiver from the monitoring requirements in §§ 109.301 and 109.302 (relating to general monitoring requirements; and special monitoring requirements) for a single source must be accompanied by a fee as follows:

Waiver Type	New Waiver Fee
VOC use waiver	$100
SOC use waiver	$100
SOC susceptibility waiver	$300
IOC waiver	$100

 (b) Waiver renewals. An application for a waiver renewal from the monitoring requirements in §§ 109.301 and 109.302 for a single source must be accompanied by the appropriate fee as follows:

 (1) For renewal applications with no changes in land uses or potential sources of contamination, the fee is $50.

 (2) For renewal applications with changes in land uses or potential sources of contamination, the fee will be based on the type of waiver and the fee for that waiver set forth in subsection (a).

 (c) Waiver fees for systems with more than one source.

 (1) For systems with multiple sources all in the same contributing area, the fee will be as indicated in subsection (a) or (b), as applicable. For groundwater systems, the contributing area is the surface area overlying the portion of the aquifer through which water is diverted to a well or flows to a spring or infiltration gallery.

 (2) For systems with sources in two or more contributing areas, the fee will be as indicated in subsection (a) or (b), as applicable, for the first source, plus 1/2 of the applicable fee for each additional contributing area in which a source is located.

§ 109.1404. Community and noncommunity water system permitting fees.

 (a) An application for a construction permit or a major construction permit amendment under § 109.503 (relating to public water system construction permits), except for an application for a bottled water or vended water system, retail water facility or bulk water hauling system facility under § 109.1005 (relating to permit requirements), must be accompanied by a fee as follows:

Population Served	Fee
100 or less	$300
101—500	$600
501—3,300	$1,000
3,301—10,000	$2,500
10,001—50,000	$5,000
50,001—100,000	$7,500
100,001 or more	$10,000

 (b) A written request for a minor construction permit amendment under § 109.503, except for a change in legal status must be accompanied by a fee as follows:

Population Served	Fee
100 or less	$100
101—500	$250
501—3,300	$500
3,301—10,000	$750
10,001—50,000	$1,000
50,001—100,000	$2,500
100,001 or more	$5,000

 (c) A written request for a change in legal status, such as a transfer of ownership, incorporation or merger, must be accompanied by a fee of $100.

 (d) A written request for a new or amended operations permit under § 109.504 (relating to public water system operation permits) must be accompanied by a fee of $50.

 (e) A written request for an emergency permit must be accompanied by a fee of $100.

§ 109.1405. Permitting fees for general permits.

 Fees for coverage under a general permit under § 109.511 (relating to general permits) will be established in the general permit. Fees may not exceed $500. An eligible person shall submit to the Department the applicable fee before the Department approves coverage under the general permit for that person.

§ 109.1406. Permitting fees for bottled water and vended water systems, retail water facilities and bulk water hauling systems.

 (a) An application for a construction permit or a major construction permit amendment under § 109.1005 (relating to permit requirements), except an out-of-State facility or system using finished water as its sole source of water, must be accompanied by a fee as follows:

System Type	Fee
Bottled water system (population served)
100 or less	$500
101—500	$750
501—3,300	$1,000
3,301—10,000	$2,500
10,001—50,000	$5,000
50,001—100,000	$7,500
100,001 or more	$10,000
Vended water system	$100
Retail water facility	$250
Bulk water hauling system	$500

 (b) An application from a bottled water system, retail water facility or bulk water hauling system whose sole source of water is finished water purchased from another public water system must be accompanied by a fee as follows:

System Type	Fee
Bottled water system (population served)
100 or less	$100
101—500	$250
501—3,300	$500
3,301—10,000	$750
10,001—50,000	$1,000
50,001—100,000	$2,500
100,001 or more	$5,000
Retail water facility	$100
Bulk water hauling system	$100

 (c) An application from an out-of-State bottled water system submitting proof of out-of-State approval under § 109.1005 must be accompanied by a fee of $1,000.

 (d) A written request for a minor construction permit amendment under § 109.1005, except for a change in legal status, must be accompanied by a fee as follows:

System Type	Fee
Bottled water system	$1,000
Vended water system	$100
Retail water facility	$100
Bulk water hauling system	$100

 (e) A request for a change in legal status, such as a transfer of ownership, incorporation or merger, must be accompanied by a fee of $100.

 (f) A written request for a new or amended operations permit must be accompanied by a fee of $50.

 (g) A written request for an emergency permit must be accompanied by a fee of $100.

§ 109.1407. Feasibility study.

 An application for a review of a feasibility study or pilot study must be accompanied by a fee as follows:

Population Served	Fee
100 or less	$300
101—500	$600
501—3,300	$1,000
3,301—10,000	$2,500
10,001—50,000	$5,000
50,001—100,000	$7,500
100,001 or more	$10,000

§ 109.1408. Noncommunity water system application for approval.

 For a noncommunity water system that is released from the obligation to obtain a construction and an operation permit under § 109.505 (relating to requirements for noncommunity water systems), the application for approval required under § 109.505(a)(2)(ii) must be accompanied by a fee of $50.

§ 109.1409. Noncommunity water system 4-log permit.

 For noncommunity water systems demonstrating 4-log treatment of viruses under Subchapter M (relating to additional requirements for groundwater sources), the permit application must be accompanied by a fee of $50.

§ 109.1410. Payment of fees.

 All fees under this subchapter shall be payable by a check to the ''Commonwealth of Pennsylvania'' or through a secure computer application provided by the Department.

§ 109.1411. Disposition of funds.

 All fees shall be paid into the State Treasury into a special restricted revenue account in the General Fund known as the Safe Drinking Water Account administered by the Department for use in protecting the public from the hazards of unsafe drinking water and which funds are hereby appropriated to the Department for the purposes as are authorized in the act.

§ 109.1412. Failure to remit fees.

 (a) If fees are not remitted as required under § 109.1402 (relating to annual fees), interest will accrue on the entire amount from the original date payment was due at a rate of 6% per annum until payment is remitted.

 (b) For any system delinquent in payment of fees in excess of 180 days, the Department may suspend technical services provided by the Department until payment is remitted.

§ 109.1413. Evaluation of fees.

 At least every 3 years, the Department will provide the EQB with an evaluation of the fees in this chapter and recommend regulatory changes to the EQB to address any disparity between the program income generated by the fees and the Department's cost of administering the program with the objective of ensuring fees meet all program costs and programs are self-sustaining. The evaluation will include an assessment of program complement and workload.

[Pa.B. Doc. No. 18-1263. Filed for public inspection August 17, 2018, 9:00 a.m.]

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