Subchapter F. DESIGN AND CONSTRUCTION STANDARDS
Sec.
109.601. Application of standards.
109.602. Acceptable design.
109.603. Source quality and quantity.
109.604. Facilities siting.
109.605. Minimum treatment design standards.
109.606. Chemicals, materials and equipment.
109.607. Pressures.
109.608. Cross-connections.
109.609. Reserved capacity and finished water storage.
109.610. [Reserved].
109.611. Disinfection.
109.612. POE devices.
Cross References This subchapter cited in 25 Pa. Code § 109.1 (relating to definitions); 25 Pa. Code § 109.5 (relating to organization of chapter); 25 Pa. Code § 109.503 (relating to public water system construction permits); 25 Pa. Code § 109.505 (relating to requirements for noncommunity water systems); 25 Pa. Code § 109.511 (relating to general permits); 25 Pa. Code § 109.1005 (relating to permit requirements); and 25 Pa. Code § 109.1006 (relating to design and construction standards).
§ 109.601. Application of standards.
Standards in this subchapter apply to design and construction of public water systems and system modifications, regardless of whether a Department permit or permit amendment is required. The standards apply to new facilities and facility modifications unless otherwise specifically indicated.
Source The provisions of this § 109.601 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479.
§ 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.
(j) PFAS.
(1) The Department identifies the following treatment technologies as acceptable for achieving compliance with the MCLs for PFAS, established under § 109.202(a) (relating to State MCLs, MRDLs and treatment technique requirements):
(i) GAC.
(ii) Ion exchange.
(iii) Reverse Osmosis.
(2) Other treatment technologies may be approved by the Department if the applicant demonstrates the alternate technology is capable of providing an adequate and reliable quantity and quality of water to the public.
Authority The provisions of this § 109.302 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 109.602 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279; amended August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974; amended January 13, 2023, effective January 14, 2023, 53 Pa.B. 333. Immediately preceding text appears at serial pages (393305) to (393306).
Cross References This section cited in 25 Pa. Code § 109.703 (relating to facilities operation); and 25 Pa. Code § 109.705 (relating to system evaluations and assessments).
§ 109.603. Source quality and quantity.
(a) Prior to the development of a new source or modification of an existing source, the water supplier shall make reasonable efforts to obtain the highest quality sources available. The supplier shall take reasonable measures to protect the source from existing or foreseeable sources of contamination and causes of diminution.
(b) For all construction permit applications accepted by the Department after October 9, 1995, a water supplier who is developing a community water system well, spring or infiltration gallery that is installed for a new system or as an expansion of an existing system shall:
(1) Own or substantially control through a deed restriction or other methods acceptable to the Department, the Zone I wellhead protection area in order to prohibit activities within Zone I that may have a potential adverse impact on source quality or quantity.
(2) Discontinue the storage, use or disposal of a potential contaminant within the Zone I wellhead protection area unless the chemical or material is used in the production or treatment, or both, of drinking water.
(3) Eliminate the storage of liquid fossil fuel within the Zone I wellhead protection area except for providing auxiliary power to the public water system to ensure the uninterruption of essential services during power failures or as a primary heating source only when the use of natural gas or propane gas is not a viable option.
(4) Construct any new and replacement liquid fossil fuel tanks that are within the Zone I wellhead protection area aboveground within the pump house or an enclosed, locked structure using an impermeable secondary containment structure of greater capacity than the fuel storage tank.
(c) A water supplier developing a community water system well, spring or infiltration gallery that is installed to replace an existing source shall meet the conditions under subsection (b) to the extent feasible. The other requirements of this subchapter shall be met.
(d) A water supplier which, in a consecutive 2-year period, has experienced two or more outages or severe shortages caused by water quantity shortages at the system’s regularly permitted sources, other than those outages or shortages occurring during a drought emergency declared by the Governor under 35 Pa.C.S. § 7301 (relating to general authority of Governor), shall investigate and develop additional sources as may be required to avert these same problems in the future.
Source The provisions of this § 109.603 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175. Immediately preceding text appears at serial page (170188).
Cross References This section cited in 25 Pa. Code § 109.506 (relating to emergency permits); and 25 Pa. Code § 109.705 (relating to system evaluations and assessments).
§ 109.604. Facilities siting.
(a) New facilities shall be located on sites which are not subject to floods, fires, earthquakes or other disasters which could cause a breakdown of the public water system or facilities. New facilities shall be protected against disasters.
(b) A new source shall be located to prevent or minimize impacts from existing potential sources of contamination and causes of diminution.
Source The provisions of this § 109.604 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial page (139094).
§ 109.605. Minimum treatment design standards.
The level of treatment required for raw water depends upon the characteristics of the raw water, the nature of the public water system and the likelihood of contamination. The following minimum treatment design standards apply to new facilities and major changes to existing facilities:
(1) For surface water and GUDI sources, the minimum treatment design standard for filtration technologies is a 99% removal of Giardia cysts, and a 99% removal of Crytosporidium oocycsts. The determination of the appropriate filtration technology to be used shall be based on the following:
(i) Conventional filtration designed and operated in accordance with standards established in the Department’s Public Water Supply Manual can be expected to achieve the minimum treatment design standard and shall be considered the best treatment for most surface water sources in this Commonwealth because of the multiple barriers of protection that it provides.
(ii) Direct filtration, slow sand filtration and diatomaceous earth filtration may be permitted if studies, including pilot studies where appropriate, approved by the Department are conducted and demonstrate, through achievement of the turbidity performance standards specified in § 109.202(c)(1)(i) (relating to State MCLs, MRDLs and treatment technique requirements), that the minimum treatment design standard can be achieved consistently, reliably and practically under appropriate design and operating conditions.
(iii) Other filtration technologies may be permitted after onsite studies, including pilot plant studies where appropriate, using seeded indicator organisms in the raw water or other equivalent means as approved by the Department, that demonstrate that the technology can consistently achieve the minimum treatment design standard.
(2) For surface water and GUDI sources, the minimum treatment design standard for disinfection technologies utilized prior to the first user of the system is a total of 99.9% inactivation of Giardia cysts and a 99.99% inactivation of viruses, except noncommunity water systems may propose, and the Department may approve, an alternative to the Giardia design standard when 99.9% inactivation is not feasible. Total treatment system disinfection capability will be credited toward this design standard. The CT factors and measurement methods established by the EPA are the criteria to be used in determining compliance with this minimum treatment design standard.
(3) For surface water and GUDI sources permitted after December 26, 2009, that are determined to be bin 2 or higher, the minimum treatment design for filtration and disinfection must also meet the requirements of § § 109.1203 and 109.1204 (relating to bin classification and treatment technique requirements; and requirements for microbial toolbox components).
(4) For community water systems using groundwater, the minimum treatment design standard for disinfection technologies utilized at the entry point is a total of 99.99% treatment of viruses.
(5) For noncommunity water systems using groundwater with an E. coli-positive groundwater source sample collected under § 109.505(a)(3) (relating to requirements for noncommunity water systems), the minimum treatment design standard for disinfection technologies utilized at the entry point is a total of 99.99% treatment of viruses.
Source The provisions of this § 109.605 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended March 24, 1989, effective March 25, 1989, 19 Pa.B. 1289; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895 and 3938; amended May 22, 2009, effective May 23, 2009, 39 Pa.B. 2661; corrected August 29, 2009, effective August 1, 2009, 39 Pa.B. 5119; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279. Immediately preceding text appears at serial pages (345337) to (345338).
§ 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.
Authority The provisions of this § 109.606 amended under section 4(a) of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4(a)); and section 1920-A(b) of The Administrative Code of 1929 (71 P.S. § 510-20(b)).
Source The provisions of this § 109.606 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended December 24, 1993, effective December 25, 1993, 23 Pa.B. 6147; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175; amended August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974. Immediately preceding text appears at serial pages (347120) to (347121).
Cross References This section cited in 25 Pa. Code § 109.612 (relating to POE devices); 25 Pa. Code § 109.701 (relating to reporting and recordkeeping); and 25 Pa. Code § 109.1005 (relating to permit requirements).
§ 109.607. Pressures.
(a) Distribution systems and distribution system modifications shall be designed and constructed to maintain normal operating pressures of not less than 25 p.s.i.g. nor more than 125 p.s.i.g. at the main, except that during periods of peak seasonal loads the pressures at the time of hourly maximum demand may be not less than 20 p.s.i.g. nor more than 150 p.s.i.g. and that during periods of hourly minimum demand the pressure may be not more than 150 p.s.i.g.
(b) A public water system may furnish a service which does not comply with the specifications in subsection (a) where compliance with the specifications would prevent it from furnishing adequate service to a customer or where called for by good engineering practices.
(c) The Department may require service improvements incorporating standards other than those set forth in this section when it determines that the improvements are necessary.
Source The provisions of this § 109.607 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479.
Cross References This section cited in 25 Pa. Code § 109.703 (relating to facilities operation); and 25 Pa. Code § 109.1006 (relating to design and construction standards).
§ 109.608. Cross-connections.
A public water system may not be designed or constructed in a manner which creates a cross-connection.
Source The provisions of this § 109.608 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479.
§ 109.609. Reserved capacity and finished water storage.
(a) A new community water system shall be designed to provide an adequate supply of finished water during periods of peak demand. To assure continued service in the event of source contamination or outage, the design shall provide a minimum of 1 day of reserve capacity based on average daily demand or usage. Reserve capacity may be provided through finished water storage. In addition, reserve capacity may be provided through sources and interconnections not likely to be subject to the same contamination event. Sources and interconnections used for reserve capacity shall be permitted under § § 109.503 and 109.504 (relating to public water system construction permits; and public water system operation permits).
(b) Finished water storage facilities shall be completely enclosed to prevent contamination of the finished water supply. This requirement applies to existing, as well as new, finished water storage facilities. Public water suppliers with existing finished water storage facilities shall comply with this section by December 31, 1995.
Source The provisions of this § 109.609 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended March 24, 1989, effective March 25, 1989, 19 Pa.B. 1289; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial page (136320).
Cross References This section cited in 25 Pa. Code § 109.707 (relating to emergency response).
§ 109.610. [Reserved].
Source The provisions of this § 109.610 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial pages (136320) and (139095).
§ 109.611. Disinfection.
Disinfection facilities shall be designed to provide the dosage rate and contact time prior to the first customer sufficient to provide a quality of water that complies with the microbiological MCL and the appropriate MRDL, specified in § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements) and the treatment technique requirements in § 109.1302 (relating to treatment technique requirements).
Source The provisions of this § 109.611 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279. Immediately preceding text appears at serial page (345339).
§ 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.
Authority The provisions of this § 109.612 amended under section 4(a) of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4(a)); and section 1920-A(b) of The Administrative Code of 1929 (71 P.S. § 510-20(b)).
Source The provisions of this § 109.612 adopted May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; amended August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974. Immediately preceding text appears at serial page (391371).
Cross References This section cited in 25 Pa. Code § 109.503 (relating to public water system constuction permits).
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