Subchapter G. SYSTEM MANAGEMENT RESPONSIBILITIES
Sec.
109.701. Reporting and recordkeeping.
109.702. Operation and maintenance plan.
109.703. Facilities operation.
109.704. Operator certification.
109.705. System evaluations and assessments.
109.706. System map.
109.707. Emergency response plan.
109.708. System service and auxiliary power.
109.709. Cross-connection control program.
109.710. Disinfectant residual in the distribution system.
109.711. Disinfection of facilities prior to placing them into service.
109.712. Control of POE devices.
109.713. Source water protection program.
109.714. Filter profile, filter self-assessment and comprehensive performance evaluations.
109.715. Seasonal systems.
109.716. Nitrification control plan.
109.717. Significant deficiencies.
109.718. Comprehensive monitoring plan.
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 § 109.407 (relating to general public notification requirements); 25 Pa. Code § 109.409 (relating to Tier 2 public notice—categories, timing and delivery of notice); and 25 Pa. Code § 109.505 (relating to requirements for noncommunity water systems).
§ 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 or confirmation 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.
(f) Alternative individual filter turbidity exceedance levels. Public water systems using lime softening may apply to the Department for alternative individual filter turbidity exceedance levels if they demonstrate that the higher individual filter turbidity levels are due to lime carryover and not to degraded filter performance.
(g) Monitoring plans for disinfectants, DBPs and DBP precursors.
(1) Stage 1 DBP Rule. Systems required to monitor for disinfection byproducts under § 109.301(12)(i), disinfection byproduct precursors under § 109.301(12)(v) or disinfectant residuals under § 109.301(13) shall develop and implement a monitoring plan. The system shall maintain the plan and make it available for inspection by the Department and the general public no later than 30 days following the applicable compliance dates. Systems that use either surface water or GUDI sources shall submit a copy of the monitoring plan to the Department no later than 30 days prior to the date of the first report required under this subchapter. The Department may also require the plan to be submitted by any other system, regardless of size or source water type. After review, the Department may require changes in any of the plan components.
(i) The plan must include the following components:
(A) Specific locations and schedules for collecting samples for any parameters included in § 109.301(12) or (13).
(B) How the system will calculate compliance with the MCLs, MRDLs and treatment techniques.
(C) If approved for monitoring as a consecutive system, or if providing water to a consecutive system, the sampling plan shall reflect the entire distribution system.
(D) Systems may consider multiple wells drawing water from a single aquifer as one treatment plant for determining the minimum number of TTHM and HAA5 samples required under § 109.301(12)(i).
(ii) The system shall notify the Department of subsequent revisions to a monitoring plan as they occur. Revisions to a monitoring plan shall be submitted in written form to the Department within 30 days of notifying the Department of the revisions.
(iii) Copies of Stage 1 DBP Rule monitoring plans developed under this paragraph shall be kept for the same period of time as the Stage 1 DBP Rule records of analyses are required to be kept under subsection (d)(1).
(2) Stage 2 DBP Rule. Systems required to monitor for disinfection byproducts under § 109.301(12)(ii) shall comply with the following:
(i) IDSE requirements. The IDSE requirements established by the EPA under the National Primary Drinking Water Regulations in 40 CFR 141.600—141.605 (relating to initial distribution system evaluations) are incorporated by reference except as otherwise established by this chapter.
(ii) Stage 2 DPB Rule monitoring plan.
(A) A public water system shall develop and implement a monitoring plan to be kept on file for Department and public review. The monitoring plan must contain the elements in subclauses (I)—(III) and be completed no later than the date systems conduct their initial monitoring under § 109.301(12)(ii)(A).
(I) Monitoring locations,
(II) Monitoring dates,
(III) Compliance calculation procedures
(B) Public water systems not required to submit an IDSE report under either 40 CFR 141.601 or 141.602 (relating to standard monitoring; and system specific studies) as incorporated by reference, and do not have sufficient § 109.301(12)(i) monitoring locations to identify the required number of Stage 2 DBP rule compliance monitoring locations, shall identify additional locations by alternating selection of locations representing high TTHM levels and high HAA5 levels until the required number of Stage 2 DBP rule compliance monitoring locations have been identified. The system shall also provide the rationale for identifying the locations as having high levels of TTHM or HAA5. Systems that have more Stage 1 DBP rule monitoring locations than required for Stage 2 DBP rule compliance monitoring shall identify which locations will be used for Stage 2 DBP rule compliance monitoring by alternating selection of Stage 1 DBP rule monitoring locations representing high TTHM levels and high HAA5 levels until the required number of Stage 2 DBP rule compliance monitoring locations have been identified.
(C) A public water system shall submit a copy of its monitoring plan to the Department prior to the date for initial monitoring specified in § 109.301(12)(ii), unless the system submits to the Department an IDSE report containing all the information required by clause (A).
(D) A public water system may revise its monitoring plan to reflect changes in treatment, distribution system operations and layout (including new service areas), or other factors that may affect TTHM or HAA5 formation, or for Department-approved reasons, after consultation with the Department regarding the need for changes and the appropriateness of changes. A system that changes monitoring locations, shall replace existing compliance monitoring locations with the lowest LRAA with new locations that reflect the current distribution system locations with expected high TTHM or HAA5 levels. The Department may also require modifications in the system’s monitoring plan. Systems shall submit a copy of the modified monitoring plan to the Department prior to the date the system is required to comply with the revised monitoring plan.
(iii) Operational evaluation levels.
(A) The operational evaluation level for TTHM and HAA5 is the sum of the two previous quarterly results plus twice the current quarter’s result, divided by four. Public water systems that are monitoring quarterly shall calculate the TTHM and HAA5 operation evaluation levels for each monitoring location at the end of each calendar quarter.
(B) If the TTHM operational evaluation level exceeds 0.080 mg/L, or the HAA5 operational evaluation level exceeds 0.060 mg/L at any monitoring location, the system shall conduct an operational evaluation to identify the cause of the exceedance and submit a written report of the evaluation to the Department no later than 90 days after being notified of the analytical result that causes the system to exceed the operational evaluation level. The written report must be made available to the public upon request.
(C) The operational evaluation must include an examination of system treatment and distribution operational practices, including storage tank operations, excess storage capacity, distribution system flushing, changes in sources or source water quality, and treatment changes or problems that may contribute to TTHM and HAA5 formation and what steps could be considered to minimize future exceedances.
(I) A system may request and the Department may allow a system to limit the scope of evaluation if the system is able to identify the cause of the operational evaluation level exceedance.
(II) The request to limit the scope of the evaluation does not extend the schedule in clause (B) for submitting the written report. The Department must approve this limited scope of evaluation in writing and systems shall keep that approval with the completed report.
(iv) Reporting and recordkeeping requirements.
(A) For each monitoring location, public water systems shall report to the Department within 10 days of the end of any quarter in which monitoring is required any TTHM operational evaluation level that exceeded 0.080 mg/L and any HAA5 operational evaluation level that exceeded 0.060 mg/L during the quarter and the location, date, and the TTHM and HAA5 calculated operation evaluation level.
(B) Copies of Stage 2 DBP Rule monitoring plans developed under this subparagraph shall be kept for the same period of time as the Stage 2 DBP Rule records of analyses are required to be kept under subsection (d)(1).
(h) Reporting and record maintenance requirements for systems recycling their waste streams.
(1) Public water systems using surface water or GUDI sources and providing conventional filtration or direct filtration treatment and that recycle spent filter backwash water, thickener supernatant, or liquids from dewatering processes shall notify the Department in writing by December 8, 2003. This notification shall include the following information:
(i) A plant schematic showing the origin of all flows that are recycled (including, but not limited to, spent filter backwash water, thickener supernatant and liquids from dewatering processes), the hydraulic conveyance used to transport them and the location where they are reintroduced back into the treatment plant.
(ii) Typical recycle flow in gallons per minute (gpm), the highest observed plant flow experienced in the previous year (gpm), design flow for the treatment plant (gpm) and Department-approved operating capacity for the plant.
(2) Record maintenance. Beginning June 8, 2004, public water systems using surface water or GUDI sources and providing conventional filtration or direct filtration and recycling spent filter backwash water, thickener supernatant, or liquids from dewatering processes shall collect and retain on file recycle flow information specified in this paragraph. This information is for the previous year of recycling and shall be available to the Department for review and evaluation at the Department’s request:
(i) A copy of the recycle notification and information submitted to the Department under subsection (h).
(ii) A list of all recycle flows and the frequency with which they are returned.
(iii) Average and maximum backwash flow rate through the filters and the average and maximum duration of the filter backwash process in minutes.
(iv) Typical filter run length and a written summary of how filter run length is determined.
(v) The type of treatment provided for the recycle flow.
(vi) Data on the physical dimensions of the equalization or treatment units, or both, typical and maximum hydraulic loading rates, type of treatment chemicals used and average dose and frequency of use, and frequency at which solids are removed, if applicable.
(i) Accuracy of data.
(1) Each water supplier shall be responsible for the accurate reporting of data required under subsection (j) to the Department.
(2) Each water supplier shall be responsible for providing accurate monitoring and sample information to the accredited laboratory that is responsible for reporting data to the Department under § 109.810 (relating to environmental laboratory accreditation). Monitoring and sample information must include, but is not limited to, the monitoring frequency, monitoring period, sample location, and sample type.
(j) Electronic reporting. Within 90 days of written notification by the Department, a public water system shall submit electronically all of its monitoring data for the contaminants listed under § 109.304(c) (relating to analytical requirements).
(1) The Department will provide written notification to each public water system to begin submitting data electronically based on the following schedule:
(i) Systems serving more than 10,000 persons will be notified no sooner than November 23, 2009.
(ii) Systems serving more than 3,300 but less than 10,001 persons will be notified no sooner than May 23, 2010.
(iii) Systems serving more than 500 but less than 3,301 persons will be notified no sooner than November 23, 2010.
(iv) Systems serving less than 501 persons will be notified no sooner than May 23, 2011.
(v) New systems will be notified of the electronic reporting requirements at the time of issuance of the operation permit under § 109.504 (relating to public water system operation permits).
(2) The water supplier shall electronically submit all of its data using a secure computer application provided by the Department.
(3) The water supplier shall submit the required data electronically in accordance with the submission deadlines established in this section.
(4) In the event of a Department computer application failure, the Department will notify the water supplier of an alternate reporting method.
(5) In the event that a water supplier is unable to submit data electronically, due to circumstances beyond its control, the water supplier shall notify the Department prior to the applicable reporting deadline. If the Department determines that the circumstances were beyond the control of the water supplier, the Department will specify a temporary, alternate reporting method the water supplier shall use to meet the reporting deadline.
(6) A water supplier shall meet the requirements under this subsection, unless the water supplier assigns in writing the responsibility for reporting to an accredited laboratory or another approved party.
(k) Monitoring plan to determine if a source is directly influenced by surface water. Systems required to monitor under § 109.302(f) (relating to special monitoring requirements) shall develop and implement a monitoring plan. The system shall submit a copy of the monitoring plan to the Department for review and approval prior to the applicable compliance date. The plan must address the requirements under § 109.302(f).
(l) Additional reporting and recordkeepig requirements for systems using surface water or GUDI sources. In addition to the reporting and recordkeeping requirements of this subchapter, systems using surface water or GUDI sources shall also comply with the reporting and recordkeeping requirements of § 109.1206 (relating to reporting and recordkeeping requirements).
(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.
Authority The provisions of this § 109.701 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4); 27 Pa.C.S. § 3118; and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-7 and 510-20).
Source The provisions of this § 109.701 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended June 16, 1989, effective June 17, 1989, 19 Pa.B. 2543; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175; amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6404; amended April 23, 1999, effective April 24, 1999, 29 Pa.B. 2231; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895 and 3938; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended April 2, 2004, effective April 3, 2004, 34 Pa.B. 1758; amended June 18, 2004, effective June 19, 2004, 34 Pa.B. 3130; amended August 13, 2004, effective August 14, 2004, 34 Pa.B. 4435; amended November 14, 2008, effective November 15, 2008, 38 Pa.B. 6266; amended May 8, 2009, effective May 9, 2009, 39 Pa.B. 2334; 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; amended September 23, 2016, effective September 24, 2016, 46 Pa.B. 6005; amended April 27, 2018, effective April 28, 2018, 48 Pa.B. 2509; 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 (393313) to (393326).
Cross References This section cited in 25 Pa. Code § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements); 25 Pa. Code § 109.301 (relating to general monitoring requirements); 25 Pa. Code § 109.303 (relating to sampling requirements); 25 Pa. Code § 109.407 (relating to general public notification requirements); 25 Pa. Code § 109.408 (relating to Tier 1 public notice—categories, timing and delivery of notice); 25 Pa. Code § 109.409 (relating to Tier 2 public notice—categories, timing and delivery of notice); 25 Pa. Code § 109.410 (relating to Tier 3 public notice—categories, timing and delivery of notice); 25 Pa. Code § 109.703 (relating to facilities operation); 25 Pa. Code § 109.707 (relating to emergency response plan); 25 Pa. Code § 109.710 (relating to disinfectant residual in the distribution system); 25 Pa. Code § 109.714 (relating to filter profile, filter self-assessment and comprehensive performance evaluations); 25 Pa. Code § 109.718 (relating to comprehensive monitoring plan); 25 Pa. Code § 109.810 (relating to reporting and notification requirements); 25 Pa. Code § 109.1003 (relating to monitoring requirements); 25 Pa. Code § 109.1008 (relating to system management responsibilities); 25 Pa. Code § 109.1107 (relating to system management responsibilities); and 25 Pa. Code § 109.1307 (relating to system management responsibilities).
§ 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.
Authority The provisions of this § 109.702 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4) and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-7 and 510-20).
Source The provisions of this § 109.702 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; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended May 8, 2009, effective May 9, 2009, 39 Pa.B. 2334; amended September 23, 2016, effective September 24, 2016, 46 Pa.B. 6005; amended August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974. Immediately preceding text appears at serial pages (391385) to (391386).
Cross References This section cited in 25 Pa. Code § 109.407 (relating to general public notification requirements); 25 Pa. Code § 109.503 (relating to public water system construction permits); and 25 Pa. Code § 109.1107 (relating to system management responsibilities).
§ 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.
Authority The provisions of this § 109.703 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 § 109.703 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; 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 August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974. Immediately preceding text appears at serial pages (391386) to (391387).
Cross References This section cited in 25 Pa. Code § 109.718 (relating to comprehensive monitoring plan).
§ 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.
Authority The provisions of this § 109.704 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 § 109.704 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 May 22, 2009, effective May 23, 2009, 39 Pa.B. 2661; corrected August 29, 2009, effective August 1, 2009, 39 Pa.B. 5119; amended August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974. Immediately preceding text appears at serial page (391387).
Cross References This section cited in 25 Pa. Code § 109.304 (relating to analytical requirements); 25 Pa. Code § 109.504 (relating to public water system operation permits); 25 Pa. Code § 109.1107 (relating to system management responsibilities); and 25 Pa. Code § 252.6 (relating to accreditation-by-rule).
§ 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.
Authority The provisions of this § 109.705 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 § 109.705 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, Pa.B. 2621; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279; amended September 23, 2016, effective September 24, 2016, 46 Pa.B. 6005; amended August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974. Immediately preceding text appears at serial pages (391388) to (391390).
Cross References This section cited in 25 Pa. Code § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements); 25 Pa. Code § 109.701 (relating to reporting and recordkeeping); 25 Pa. Code § 109.702 (relating to operation and maintenance plan); and 25 Pa. Code § 109.1008 (relating to system management responsibilities).
§ 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.
Authority The provisions of this § 109.706 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 § 109.706 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 23, 1994, effective December 24, 1994, 24 Pa.B. 6404; amended August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974. Immediately preceding text appears at serial page (391390).
§ 109.707. Emergency response plan.
(a) A community water supplier shall develop a plan for the provision of safe and adequate drinking water under emergency circumstances. The emergency response plan must generally conform to the guidelines contained in the Department’s Public Water Supply Manual, as applicable, and contain at least the following:
(1) Organization table. An organization table that includes a prioritized list of names and contact numbers of persons in charge of the water system during an emergency.
(2) Communication procedures and contact information. For each probable emergency situation, including, but not limited to, those specified in § 109.701(a)(3)(iii) (relating to reporting and recordkeeping), a list of appropriate contact persons and phone numbers for the following groups of people:
(i) Emergency management agencies within a water system’s jurisdiction.
(ii) Key public officials within a water supplier’s service area.
(iii) Government agencies including, but not limited to, the Department, Public Utility Commission, Department of Health, Department of Public Welfare and Pennsylvania Department of Agriculture.
(iv) Facilities within a water supplier’s service area, including, but not limited to, hospitals, schools, day-care facilities, nursing homes, social service agencies, industrial and commercial users.
(v) Media.
(vi) Equipment and chemical suppliers.
(3) Means of communication. A list containing the following:
(i) Types of communication equipment.
(ii) Types of communication for public notification.
(4) Summary description of the system. A list containing the following:
(i) Location of pertinent operational information.
(ii) Source information.
(iii) Treatment information.
(iv) Finished water storage.
(5) Assessment of available resources. A list containing the following:
(i) Mutual aid agreements.
(ii) Emergency water supply equipment that includes procedures for providing reserve capacity according to § 109.609 (relating to reserved capacity and finished water storage) or an approved alternative water supply.
(iii) Power supply equipment.
(iv) Repair equipment.
(v) Vehicles and construction equipment.
(vi) Spare equipment.
(6) Corrective actions for probable emergency situations. A list containing the following:
(i) Probable emergency situations including, but not limited to, those specified in § 109.701(a)(3)(iii).
(ii) Corrective actions for each probable emergency situation.
(b) The community water supplier shall implement the emergency response plan when necessary.
(c) The community water supplier shall review and update the plan at least annually and as necessary to reflect changes to communication procedures and contact information under subsection (a)(2). The community water supplier shall record the date of update on the plan. 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.
Authority The provisions of this § 109.707 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4) and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-7 and 510-20).
Source The provisions of this § 109.707 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 23, 1994, effective December 24, 1994, 24 Pa.B. 6404; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended May 8, 2009, effective May 9, 2009, 39 Pa.B. 2334. Immediately preceding text appears at serial page (290567).
Cross References This section cited in 25 Pa. Code § 109.407 (relating to general public notification requirements).
§ 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.
Authority The provisions of this § 109.708 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 § 109.708 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974. Immediately preceding text appears at serial page (391392).
§ 109.709. Cross-connection control program.
(a) No person may introduce contaminants into a public water supply through a service connection of a public water system.
(1) It shall be the responsibility of the customer to eliminate cross-connections or provide backflow devices to prevent contamination of the distribution system from both backsiphonage and backpressure. Individual backflow preventors shall be acceptable to the public water supplier.
(2) If the customer fails to comply with paragraph (1) within a reasonable period of time, the water supplier shall discontinue service after reasonable notice has been made to the customer.
(b) At the direction of the Department, the public water supplier shall develop and implement a comprehensive control program for the elimination of existing cross-connections or the effective containment of sources of contaminations, and prevention of future cross-connections. A description of the program, including the following information, shall be submitted to the Department for approval:
(1) A description of the methods and procedures to be used.
(2) An implementation schedule for the program.
(3) Legal authority for implementation of the program, such as, by ordinance or rules.
(4) A time schedule for inspection of nonresidential customers’ premises for cross-connections with appropriate recordkeeping.
(5) A public education program for residential customers.
(6) A description of the methods and devices which will be used to protect the water system.
(7) A program for the review of plans for new users to assure that no new cross-connections are developed.
(8) Provisions for discontinuance of water service, after reasonable notice, to premises where cross-connections exist.
Source The provisions of this § 109.709 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479.
§ 109.710. Disinfectant residual in the distribution system.
(a) Until April 28, 2019, a disinfectant residual acceptable to the Department shall be maintained throughout the distribution system of the community water system sufficient to assure compliance with the microbiological MCLs and the treatment technique requirements specified in § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements). The Department will determine the acceptable residual of the disinfectant considering factors such as type and form of disinfectant, temperature and pH of the water, and other characteristics of the water system.
(b) Until April 28, 2019, a public water system that uses surface water or GUDI sources or obtains finished water from another permitted public water system using surface water or GUDI sources shall comply with the following requirements:
(1) As a minimum, a detectable residual disinfectant concentration of 0.02 mg/L measured as total chlorine, combined chlorine or chlorine dioxide shall be maintained throughout the distribution system as demonstrated by monitoring conducted under § 109.301(1) and (2) or (8)(v) (relating to general monitoring requirements).
(2) Sampling points with nondetectable disinfectant residuals which have heterotrophic plate count (HPC) measurements of less than 500/ml are deemed to be in compliance with paragraph (1).
(3) When the requirements of paragraph (1) or (2) cannot be achieved, the supplier shall initiate an investigation under the Department’s direction to determine the cause, potential health risks and appropriate remedial measures.
(c) Beginning April 29, 2019, a community water system using a chemical disinfectant or that delivers water that has been treated with a chemical disinfectant shall maintain a minimum residual disinfectant concentration throughout the distribution system sufficient to assure compliance with the microbiological MCLs and the treatment technique requirements specified in § 109.202. The minimum residual disinfectant concentration is 0.2 mg/L or another level approved by the Department for systems using an alternate oxidizing disinfection treatment. The residual disinfectant concentration shall be measured as follows:
(1) Free chlorine for systems using chlorine.
(2) Total chlorine for systems using chloramines.
(3) Both free chlorine and total chlorine for sampling locations in a mixing zone as identified in the monitoring plan.
(4) Both free chlorine and total chlorine when a system using chloramines is conducting a free chlorine burn.
(d) Beginning April 29, 2019, a nontransient noncommunity water system that has installed chemical disinfection or a transient noncommunity water system that has installed chemical disinfection in accordance with § 109.202(c)(1) or § 109.1302(b) (relating to treatment technique requirements) shall maintain a minimum residual disinfectant concentration throughout the distribution system sufficient to assure compliance with the microbiological MCLs and the treatment technique requirements specified in § 109.202. The minimum residual disinfectant concentration is 0.2 mg/L or another level approved by the Department for systems using an alternate oxidizing disinfection treatment. The residual disinfectant concentration shall be measured as follows:
(1) Free chlorine for systems using chlorine.
(2) Total chlorine for systems using chloramines.
(3) Both free chlorine and total chlorine for sampling locations in a mixing zone as identified in the monitoring plan.
(4) Both free chlorine and total chlorine when a system using chloramines is conducting a free chlorine burn.
(e) Beginning April 29, 2019, compliance with the disinfectant residual treatment technique will be based on the number of samples collected each month as specified in the system distribution sample siting plan submitted to the Department under § 109.701(a)(8) (relating to reporting and recordkeeping). Compliance will be determined as follows:
(1) For a public water system that collects less than 40 samples per month and uses only groundwater or purchased groundwater sources, if no more than 1 sample collected per month is less than the minimum level specified in subsection (c) or (d) for 2 consecutive months, the system is in compliance with the treatment technique.
(2) For a public water system that collects 40 or more samples per month or that uses surface water, GUDI, purchased surface water or purchased GUDI sources, if no more than 5% of the samples collected per month are less than the minimum level specified in subsection (c) or (d) for 2 consecutive months, the system is in compliance with the treatment technique.
(3) For systems reporting both free and total chlorine residual measurements in accordance with subsections (c) and (d), compliance shall be based on the higher residual measurement.
(4) A public water system that experiences a treatment technique violation shall notify the Department within 1 hour of discovery of the violation in accordance with § 109.701(a)(3) and issue a Tier 2 public notice in accordance with § 109.409 (relating to Tier 2 public notice—categories, timing and delivery of notice).
(5) In addition to the requirements in paragraphs (1)—(4), a public water system that fails to meet the minimum level specified in subsection (c) or (d) at any sample location for 2 consecutive months or more shall conduct an investigation to determine the cause and appropriate corrective actions and shall submit a written report to the Department within 60 days.
(6) The Department may approve in writing an alternate compliance schedule if the water supplier submits a written request with supporting documentation by April 29, 2019.
(f) Public water systems may increase residual chlorine or chloramine, but not chlorine dioxide, disinfectant levels in the distribution system to a level that exceeds the MRDL for that disinfectant and for a time necessary to protect public health or to address specific microbiological contamination problems caused by circumstances such as, but not limited to, distribution line breaks, storm runoff events, source water contamination events or cross-connection events.
Authority The provisions of this § 109.710 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 § 109.710 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; corrected December 14, 1984, effective December 8, 1984, 14 Pa.B. 4511; 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 August 13, 2004, effective August 14, 2004, 34 Pa.B. 4435; amended April 27, 2018, effective April 28, 2018, 48 Pa.B. 2509. Immediately preceding text appears at serial pages (383472) to (383473).
Cross References This section cited in 25 Pa. Code § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements); and 25 Pa. Code § 109.301 (relating to general monitoring requirements).
§ 109.711. Disinfection of facilities prior to placing them into service.
(a) After construction or modification of a facility and before the facility is placed in service, it shall be properly disinfected. The facility may not be placed in service until the public water supplier demonstrates to the satisfaction of the Department that the facility has been adequately disinfected.
(b) After repairing a facility or performing other activities which place the facility out of service, and before returning the facility to service, the public water supplier shall disinfect the facilities in accordance with the most recent procedures established by the American Water Works Association.
Source The provisions of this § 109.711 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 (139104).
§ 109.712. Control of POE devices.
(a) The public water supplier shall be responsible for control of POE devices installed under a permit according to § 109.503(a)(2) (relating to public water system construction permits). This includes the installation, operation and routine maintenance of each device.
(b) A public water supplier which installs a POE device shall obtain and maintain a right-of-access to the house, building or other facility where the POE device is installed in the form of a covenant running with the land.
Source The provisions of this § 109.712 adopted May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621.
§ 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.
Authority The provisions of this § 109.713 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 § 109.713 adopted 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 (391395) to (391396).
Cross References This section cited in 25 Pa. Code § 78a.15 (relating to application requirements); and 25 Pa. Code § 109.702 (relating to operation and maintenance plan).
§ 109.714. Filter profile, filter self-assessment and comprehensive performance evaluations.
Public water systems are required to perform or conduct a filter profile, filter self-assessment or CPE if any individual filter monitoring conducted under § 109.301(1)(iv) (relating to general monitoring requirements) demonstrates one or more of the conditions in paragraphs (1)—(3).
(1) If an individual filter demonstrates a condition under § 109.701(e)(2)(i)or (ii) (relating to reporting and recordkeeping), the public water system shall notify the Department within 24 hours of the individual filter turbidity level exceedance and shall report the obvious reason for the abnormal filter performance. If a system serving 10,000 or more persons is not able to identify the reason for the exceedance, the system shall produce a filter profile within 7 days of the exceedance and report to the Department that a filter profile was produced.
(2) If an individual filter demonstrates a condition under § 109.701(e)(2)(iii),the public water system shall notify the Department within 24 hours of the individual filter turbidity level exceedance, shall conduct a self-assessment of the filter within 14 days of the exceedance and shall report to the Department that a filter self-assessment was conducted. A filter self-assessment shall consist of at least the following components:
(i) Assessment of filter performance.
(ii) Development of a filter profile.
(iii) Identification and prioritization of factors limiting filter performance.
(iv) Assessment of the applicability of corrections.
(v) Preparation of a filter self-assessment report.
(vi) For public water suppliers serving fewer than 10,000 persons, if a self-assessment is required, the public water supplier shall report the date that it was triggered and the date that it was completed.
(3) If an individual filter demonstrates a condition under § 109.701(e)(2)(iv),the public water system shall:
(i) Notify the Department within 24 hours of the turbidity level exceedance.
(ii) Arrange for the conduction of a CPE by the Department no later than 30 days following the turbidity level exceedance.
(iii) Ensure that the CPE is completed and submitted to the Department no later than 90 days following the turbidity level exceedance.
(iv) Instead of subparagraphs (ii) and (iii), for public water systems serving fewer than 10,000 persons:
(A) Arrange for the conduction of a CPE by the Department no later than 60 days following the turbidity level exceedance.
(B) Ensure that the CPE is completed and submitted to the Department no later than 120 days following the turbidity level exceedance.
(C) A new CPE is not required if a CPE was completed by the Department within the previous 12 months, or the system and the Department are jointly participating in a program involving a combination of CPE results as the bases for implementing process control priority-setting techniques and maintaining long-term involvement to systematically train staff and administrators at the system.
(D) If a CPE is required, the public water system shall report that a CPE is required and the date that it was triggered.
Source The provisions of this § 109.714 adopted July 20, 2001, effective July 21, 2001, 31 Pa.B. 3938; amended June 18, 2004, effective June 19, 2004, 34 Pa.B. 3130. Immediately preceeding text appears at serial pages (290571) to (290572).
§ 109.715. Seasonal systems.
(a) A new seasonal system shall submit a start-up procedure with the construction permit application or brief description as required under § 109.505(a) (relating to requirements for noncommunity water systems).
(b) A seasonal system approved by the Department to operate prior to September 24, 2016, shall submit a start-up procedure to the Department by October 24, 2016.
(c) If the Department determines that a start-up procedure is not sufficient, the public water system shall submit a revised start-up procedure within 30 days of receiving written notification from the Department.
(d) A seasonal system shall submit to the Department for approval any revisions to an approved start-up procedure prior to serving water to the public the next season.
(e) A seasonal system shall demonstrate completion of a Department-approved start-up procedure by submitting written certification prior to serving water to the public each season.
Authority The provisions of this § 109.715 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 § 109.715 amended Septermer 23, 2016, effective September 24, 2016, 46 Pa.B. 6005.
Cross References This section cited in 25 Pa. Code § 109.202 (relating to State MCLs, MRDLs and treatment technique requirements); 25 Pa. Code § 109.301 (relating to general monitoring requirements); 25 Pa. Code § 109.410 (relating to Tier 3 public notice—categories, timing and delivery of notice); and 25 Pa. Code § 109.1008 (relating to system management responsibilities).
§ 109.716. Nitrification control plan.
(a) A public water system that uses chloramines or purchases water that contains chloramines shall develop a nitrification control plan by April 29, 2019. The plan must conform to the guidelines in industry standards such as the American Water Works Association’s M56 Manual on Nitrification and contain at least the following information:
(1) A system-specific monitoring plan that includes, at a minimum:
(i) The list of parameters that will be monitored such as pH, free ammonia, total chlorine, monochloramine, HPC, nitrite and nitrate.
(ii) The monitoring locations.
(iii) The monitoring schedule.
(2) A response plan with expected water quality ranges and action levels.
(b) The public water system shall implement the nitrification control plan in accordance with accepted practices of the water supply industry.
(c) The public water system shall review and update the plan as necessary.
(d) The plan shall be retained onsite and shall be made available to the Department upon request.
Authority The provisions of this § 109.716 issued 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 § 109.716 adopted April 27, 2018, effective April 28, 2018, 48 Pa.B. 2509.
§ 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.
Authority The provisions of this § 109.717 issued 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 § 109.717 adopted August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974.
Cross References This section cited in 25 Pa. Code § 109.1302 (relating to treatment technique requirements).
§ 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.
Authority The provisions of this § 109.718 issued 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 § 109.718 adopted August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974.
Cross References This section cited in 25 Pa. Code § 109.301 (relating to general monitoring requirements); 25 Pa. Code § 109.302 (relating to special monitoring requirements); and 25 Pa. Code § 703 (relating to facilities operation).
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