§ 109.1. Definitions.

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

   Act—The Pennsylvania Safe Drinking Water Act (35 P. S. § §  721.1—721.17).

   Administrator—The Administrator of the EPA.

   ANSI—The American National Standards Institute, Inc. of New York, New York.

   BAT—Best Available Technology—The best technology, treatment techniques or other means which the Administrator finds are available for achieving compliance with maximum contaminant levels.

   Bottled water system—A public water system which provides water for bottling in sealed bottles or other sealed containers. The term includes, but is not limited to, the sources of water and treatment, storage, bottling, manufacturing and distribution facilities. The term does not include a public water system which provides only a source of water supply for a bottled water system and excludes an entity providing only transportation, distribution or sale of bottled water in sealed bottles or other sealed containers.

   Bulk water hauling system—A public water system which provides water piped into a carrier vehicle and withdrawn by a similar means into the user’s storage facility or vessel. The term includes, but is not limited to, the sources of water, treatment, storage or distribution facilities. The term does not include a public water system which provides only a source of water supply for a bulk water hauling system.

   CCR—Consumer Confidence Report—An annual water quality report that community water systems deliver to their customers, as described in §  109.416 (relating to CCR requirements).

   CPE—Comprehensive performance evaluation—A thorough review and analysis of a treatment plant’s performance-based capabilities and associated administrative, operation and maintenance practices.

     (i)   The CPE is conducted to identify factors that may be adversely impacting a plant’s capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improvements.

     (ii)   The CPE shall consist of at least the following components:

       (A)   Assessment of plant performance.

       (B)   Evaluation of major unit processes.

       (C)   Identification and prioritization of performance limiting factors.

       (D)   Assessment of the applicability of comprehensive technical assistance.

       (E)   Preparation of a CPE report.

   CT—The product of residual disinfectant concentration (C) measured in mg/L in a representative sample of water prior to the first customer, and disinfectant contact time (T); that is, ‘‘C’’ x ‘‘T.’’ If disinfectants are applied at more than one point prior to the first customer, the CT is determined for each disinfectant sequence prior to the first customer to determine the total percent inactivation achieved by disinfection prior to the first customer. In determining the total percent inactivation, the residual disinfectant concentration of each disinfection sequence and corresponding contact time before subsequent disinfection application points shall be determined.

   Coagulation—A process using coagulant chemicals and mixing by which colloidal and suspended material are destabilized and agglomerated into settleable or filterable flocs, or both.

   Collection—The parts of a public water system occurring prior to treatment, including source, transmission facilities and pretreatment storage facilities.

   Community water system—A public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

   Compliance cycle—A 9-year calendar year cycle during which public water suppliers shall monitor for contaminants. The first compliance cycle begins January 1, 1993, and ends December 31, 2001.

   Compliance period—A 3-year calendar year period within a compliance cycle. Each compliance cycle is made up of three 3-year compliance periods. Within the first compliance cycle, the first compliance period runs from January 1, 1993, through December 31, 1995.

   Confluent growth—Bacterial growth, with or without sheen, covering the entire membrane filter, or a portion thereof, in which bacterial colonies are not discrete.

   Consecutive water system—A public water system which obtains all of its water from another public water system and resells the water to a person, provides treatment to meet a primary MCL or provides drinking water to an interstate carrier. The term does not include bottled water and bulk water systems.

   Contaminant—A physical, chemical, biological or radiological substance or matter in water.

   Conventional filtration—The series of processes for the purpose of substantial particulate removal consisting of coagulation, flocculation, sedimentation and filtration.

   Corrosion inhibitor—A substance capable of reducing the corrosivity of water toward metal plumbing materials, especially lead and copper, by forming a protective film on the interior surface of those materials.

   Cross-connection—An arrangement allowing either a direct or indirect connection through which backflow, including backsiphonage, can occur between the drinking water in a public water system and a system containing a source or potential source of contamination, or allowing treated water to be removed from any public water system, used for any purpose or routed through any device or pipes outside the public water system, and returned to the public water system. The term does not include connections to devices totally within the control of one or more public water systems and connections between water mains.

   Diatomaceous earth filtration—A process for the purpose of substantial particulate removal in which a precoat cake of diatomaceous earth filter media is deposited on a support membrane (septum), and while the water is filtered by passing through the cake on the septum, additional filter media, known as body feed, is continuously added to the feed water, to maintain the permeability of the filter cake.

   Direct filtration—A series of processes for the purpose of substantial particulate removal consisting of coagulation and filtration. The term normally includes flocculation after coagulation, but does not include sedimentation.

   Disinfectant contact time—The time in minutes that it takes for water to move from the point of disinfectant application to the point where residual disinfectant concentration is measured. Contact time in pipelines is calculated based on plug flow by dividing the internal volume of the pipeline by the flow rate through that pipeline. Contact time within mixing basins and storage reservoirs is determined by tracer studies or an equivalent demonstration. Guidance for making these determinations appears in the ‘‘Guidance Manual for Compliance with the Filtration and Disinfection Requirements for Public Water Systems Using Surface Water Sources’’ (U. S. EPA, Office of Drinking Water, Criteria and Standards Division).

   Disinfection—A process which inactivates pathogenic organisms in water by chemical oxidants or equivalent agents, such as ultraviolet light.

   Disinfection profile—The summary of daily Giardia lamblia inactivation through the treatment plant as determined through procedures and measurement methods established by this chapter.

   Enhanced coagulation—The addition of sufficient coagulant for improved removal of disinfection byproduct precusors by conventional filtration treatment.

   Enhanced softening—The improved removal of disinfection byproduct precusors by precipitative softening.

   Entry point—A point acceptable to the Department at which finished water representative of each source enters the distribution system.

   Environmental acts—The Clean Streams Law (35 P. S. § §  691.1—691.1001), the Air Pollution Control Act (35 P. S. § §  4001—4015), the Radiation Protection Act (35 P. S. § §  7110.101—7110.703), the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.31), the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. § §  3301—3326), section 1917-A of The Administrative Code of 1929 (71 P. S. §  510-17), the Dam Safety and Encroachment Act (32 P. S. § §  693.1—693.27), the Solid Waste Management Act (35 P. S. § §  6018.101—6018.1003), the Plumbing System Lead Ban and Notification Act (35 P. S. § §  723.1—723.17) and any other State or Federal statutes relating to environmental protection or to the protection of the public health, safety and welfare.

   Facility—A part of a public water system used for collection, treatment, storage or distribution of drinking water.

   Federal act—The Safe Drinking Water Act (42 U.S.C.A. § §  300f—300j-10).

   Federal regulations—The National Primary Drinking Water Regulations and the National Secondary Drinking Water Regulations.

   Filter profile—A graphical representation of individual filter performance, based on continuous turbidity measurements or total particle counts versus time for an entire filter run, from startup to backwash inclusively, that includes an assessment of filter performance while another filter is being backwashed.

   Filtration—A process for removing particulate matter from water by passage through porous media.

   Finished water—Water that has been treated in compliance with the treatment technique requirements established in this chapter by a permitted public water system and is ready for consumption by the public.

   First-draw sample—A 1-liter sample of tap water collected in accordance with §  109.1103 (relating to monitoring requirements), that has been standing in plumbing pipes at least 6 hours and is collected without flushing the tap.

   Flocculation—A process to enhance agglomeration or collection of smaller floc particles into larger, more easily settleable or filterable particles through gentle stirring by hydraulic or mechanical means.

   GUDI—Groundwater under the direct influence of surface water—

     (i)   Any water beneath the surface of the ground with the presence of insects or other macroorganisms, algae, organic debris or large diameter pathogens such as Giardia lamblia and Cryptosporidium, or significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity or pH which closely correlate to climatological or surface water conditions.

     (ii)   The term does not include finished water.

   HAA5—Haloacetic acids (five)—The sum of the concentrations in milligrams per liter of the haloacetic compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid and dibromoacetic acid), rounded to two significant figures after addition.

   IBWA—The International Bottled Water Association, Alexandria, Virginia 22314.

   IOC—Inorganic chemical.

   Initial compliance period—The first full 3-year compliance period during which a public water supply is required to monitor for a contaminant.

   Innovative technology—A method, process or equipment for the treatment of drinking water which is not designated as BAT under EPA regulations and the effectiveness of which has not been commercially demonstrated in the water supply industry.

   Lead service line—A service line made of lead which connects a water main to a building inlet and a lead pigtail, gooseneck or other fitting which is connected to the lead line.

   Liquid from dewatering processes—A stream containing liquids generated from a unit used to concentrate solids for disposal.

   MCL—Maximum Contaminant Level—The maximum permissible level of a contaminant in water which is delivered to a user of a public water system, and includes the primary and secondary MCLs established under the Federal act, and MCLs adopted under the act. For MCLs incorporated into this chapter by reference, the term refers to the numerical value and the means of determining compliance with that value and does not refer to the EPA applications to specific types of public water systems or sources.

   MRDL—Maximum Residual Disinfectant Level—The maximum permissible level of a disinfectant added for water treatment that may not be exceeded at the consumer’s tap without an unacceptable possibility of adverse health effects. The consumer’s tap means the entry point for bottled water and vended water systems, retail water facilities and bulk water hauling systems.

   Method detection limit—The amount of a substance which the EPA has determined to be the minimum concentration which can be measured and be reported with 99% confidence that the true value is greater than zero.

   NAMA—The National Automatic Merchandising Association of Chicago, Illinois.

   NSF—NSF International, Ann Arbor, Michigan 48105.

   NTU—Nephelometric Turbidity Unit.

   National Primary Drinking Water Regulations—Primary drinking water regulations and implementation regulations promulgated by the Administrator under the Federal act at 40 CFR Parts 141 and 142 (relating to national primary drinking water regulations; and national primary drinking water regulations implementation). The term includes interim, revised and final regulations.

   National Secondary Drinking Water Regulations—Secondary drinking water regulations promulgated by the Administrator under the Federal act in 40 CFR 143.1—143.4.

   New source—A source of water supply that is not covered by a valid permit issued under the act of April 22, 1905 (P. L. 260, No. 182) (35 P. S. § §  711—716) (Repealed) or under this chapter as a regular source of supply for the public water system.

   Noncommunity water system—A public water system which is not a community water system.

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

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

   Point-of-entry (POE) device—A treatment device used as an alternative to central treatment that is installed on a public water line or service connection to a house, building or other facility for the purpose of reducing contaminants in the water distributed throughout the house, building or facility.

   Public water supplier—A person who owns or operates a public water system.

   Public water system—A system which provides water to the public for human consumption which has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. The term includes collection, treatment, storage and distribution facilities under control of the operator of the system and used in connection with the system. The term includes collection or pretreatment storage facilities not under control of the operator which are used in connection with the system. The term also includes a system which provides water for bottling or bulk hauling for human consumption. Water for human consumption includes water that is used for drinking, bathing and showering, cooking, dishwashing or maintaining oral hygiene.

   Recycle—The act of returning recycle streams to a conventional or direct filtration plant’s treatment process.

   Recycle flows—Any water, solid or semi-solid generated by a conventional or direct filtration plant’s treatment process and residual treatment processes that is returned to the plant’s treatment process.

   Repeat compliance period—A subsequent compliance period after the initial compliance period.

   Retail water facility—A public water system which provides water for bottling without the use of a water vending machine by dispensing unit servings of water in containers whether or not the containers are provided by the customers.

   SOC—Synthetic Organic Chemical.

   SUVA—Specific ultraviolet absorption at 254 nanometers (nm)—An indicator of the humic content of water. it is a calculated parameter obtained by dividing a sample’s ultraviolet absorption at a wavelength of 254 nm (UV₂₅₄) (in m^-1) by its concentration of dissolved organic carbon (DOC) (in mg/L).

   Sanitary survey—An onsite review and evaluation of a public water system’s source, facilities and equipment and the operation and maintenance procedures used by a public water supplier for producing and distributing safe drinking water.

   Sedimentation—A process for the removal of solids before filtration by gravity or separation.

   Slow sand filtration—A process for the purpose of substantial particulate removal by physical and biological mechanisms during the passage of raw water through a bed of sand at low velocity—generally less than .4 meters per hour.

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

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

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

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

   System—

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

       (A)   The facilities provide water to the same establishment which is a business or commercial enterprise or an arrangement of residential or nonresidential structures having a common purpose and includes mobile home parks, multi-unit housing complexes, phased subdivisions, campgrounds and motels.

       (B)   The facilities are owned, managed or operated by the same person.

       (C)   The facilities have been regulated as a single public water system under the Federal act or the act.

     (ii)   This definition may not be interpreted to require two or more currently-regulated public water systems to become one system.

   TOC—Total organic carbon—The total organic carbon in mg/L measured using heat, oxygen, ultraviolet irradiation, chemical oxidants or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to two significant figures.

   TTHM—Total trihalomethanes—the sum of the concentrations in milligrams per liter of the trihalomethane compounds (trichloromethane, bromodichloromethane, dibromochloromethane and tribromomethane), rounded to two significant figures after addition.

   Thickener supernatant—A stream containing the decant from a clarifier, sedimentation basin, or other unit used to treat water, solids or semi-solids from the primary treatment process.

   Too numerous to count—Two hundred or more total bacterial colonies on a 47-mm diameter membrane filter.

   Transient noncommunity water system—A public water system which is not a community, nontransient noncommunity, bottled or vended water system, nor a retail water facility or a bulk water hauling system.

   Transmission—The movement of water from the source to a point of storage, treatment or distribution or from the point of treatment to the distribution system.

   Treatment technique—A requirement which specifies a specific treatment method known to cause a reduction in the level of a contaminant which cannot practically be regulated by establishing an MCL. The term includes treatment technique requirements established under the Federal act, and treatment technique requirements adopted under the act.

   Type of product—A particular kind of water for bottling characterized by its source or treatment process. Examples of the water include distilled water, mineral water, spring water and well water.

   VOC—Volatile synthetic organic chemical.

   Vended water system—A public water system which provides water for bottling through the use of one or more water vending machines.

   Waterborne disease outbreak—An illness of the same etiology experienced by two or more persons and attributed to pathogenic organisms in which the public water system is implicated as the source of illness by the Department of Health.

   Water for bottling—Artificial or natural mineral, spring or other water for bottling as drinking water.

   Water vending machine—A self-contained, self-service device which, upon insertion of a coin, paper currency, token, card, key or other similar means or through manual operation, dispenses unit servings of water, either in bulk or in packages, without the necessity of replenishing the device between each vending operation.

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

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

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

     (iii)   Zone III. The zone beyond Zone II that contributes surface water and groundwater to Zones I and II.

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

   The provisions of this §  109.1 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended March 24, 1989, effective March 25, 1989, 19 Pa.B. 1289; 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, effectvie 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. Immediately preceding text appears at serial pages (301752) and (290465) to (290472).

   A proposed municipal reservoir is a new water source even though the water will come from the same watershed and same body of water as the present water supply. Millheim Borough v. Commonwealth, 74 Pa. D. & C.2d 137 (1975).

 The purpose of this chapter is to protect the public health and safety by assuring that public water systems provide a safe and adequate supply of water for human consumption by establishing drinking water quality standards, permit requirements, design and construction standards, system management responsibilities and requirements for public notification.

 This chapter applies to each public water system, unless the public water system meets all of the following conditions:

   (1)  Consists only of distribution and storage facilities, and does not have collection and treatment facilities.

   (2)  Obtains all of its water from, but is not owned or operated by, a public water system to which this chapter applies.

   (3)  Does not sell water to any person.

   (4)  Does not provide water for potable purposes to carriers which convey passengers in interstate commerce.

 Public water suppliers shall:

   (1)  Protect the water sources under the supplier’s control.

   (2)  Provide treatment adequate to assure that the public health is protected.

   (3)  Provide and effectively operate and maintain public water system facilities.

   (4)  Take whatever investigative or corrective action is necessary to assure that safe and potable water is continuously supplied to the users.

   The provisions of this §  109.4 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial pages (139067) to (139068).

 (a)  This subchapter and Subchapter H (relating to laboratory certification) apply to all public water systems.

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

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

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

 (a)  At any reasonable time, the Department and its agents and employes will:

   (1)  Have access to and require the production of any feature of a public water system, monitoring system and books, papers, records and data pertinent to any matter under investigation or required to be kept under the act or this chapter.

   (2)  Enter and examine a property, facility, operation or activity under the control of a public water system and conduct tests and sampling, including the examination and copying of books, papers, records and data, for the purpose of making an investigation or inspection as may be necessary to ascertain the compliance or noncompliance by a person with the environmental acts, the act or this chapter.

 (b)  The Department and its agents and employes may conduct inspections of public water systems at least once prior to construction or modification, at least once during construction or modification, at least once prior to operation and at least once per year thereafter.

 (c)  The Department and its agents and employes may conduct additional inspections, including follow-up inspections, of public water systems and activities related to public health, safety, welfare or the environment, to determine compliance with the act, the environmental acts, this title, the terms or conditions of a permit or the requirements of an order.

 (d)  The Department and its agents and employes may also conduct inspections of public water systems and related activities whenever a person presents information to the Department which gives the Department reason to believe that a condition exists which may threaten the public health, safety or welfare or the environment, or a person:

   (1)  Is in violation of a requirement of the act, this chapter, an order or a permit issued thereunder.

   (2)  May have violated an environmental act, or a condition of a permit issued under a regulation promulgated under an environmental act.

 (e)  This section is subject to the availability of personnel and financial resources. This section does not create a duty by the Department to conduct, or a right in a person to expect, a minimum number of inspections per year, inspections for a particular reason or during a certain period or set a maximum number of inspections.

   The provisions of these § §  109.71—109.76 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; reserved December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479. Immediately preceding text appears at serial pages (4610) and (84495).

Subchapter B. MCLs, MRDLs OR TREATMENT
TECHNIQUE REQUIREMENTS

Sec.

 Under the act, the EQB will adopt MCLs and treatment technique requirements no less stringent than those promulgated under the Federal act for contaminants regulated under the Federal regulations. The Board may adopt MCLs and treatment technique requirements more stringent than those promulgated under the Federal act, and may adopt MCLs or treatment technique requirements for contaminants for which no MCL or treatment technique requirement has been promulgated under the Federal act.

 (a)  Primary MCLs.

   (1)  A public water system shall supply drinking water that complies with the primary MCLs adopted by the EQB under the act.

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

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

 (b)  Secondary MCLs.

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

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

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

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

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

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

       (A)   Conventional or direct filtration.

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

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

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

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

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

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

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

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

       (B)   Slow sand or diatomaceous earth filtration.

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

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

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

     (ii)   The combined total effect of disinfection processes utilized in a filtration plant shall achieve at least a 90% inactivation of Giardia cysts and a 99.9% inactivation of viruses, as determined by CTs and measurement methods established by the EPA. The residual disinfectant concentration in the water delivered to the distribution system prior to the first customer may not be less than .2 mg/L for more than 4 hours, as demonstrated by measurement taken under §  109.301(1). Failure to maintain this level that extends beyond 4 hours constitutes a breakdown in treatment. A system that experiences a breakdown in treatment shall, under §  109.701(a)(3) (relating to reporting and recordkeeping), notify the Department within 1 hour after the water system learns of the violation or the situation, and shall provide public notice in accordance with §  109.408 (relating to Tier 1 public notice—form, manner and frequency of notice).

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

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

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

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

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

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

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

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

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

           (-a-)   A waterborne disease outbreak.

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

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

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

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

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

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

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

     (iv)   For an unfiltered surface water source which is subject to subparagraph (iii)(B)(II) and (III), the public water supplier shall:

       (A)   Submit to the Department for approval a feasibility study which specifies the means by which the supplier shall, by the applicable deadline established in subparagraph (iii)(B), meet the requirements of this paragraph. The study shall identify the alternative which best assures the long-term viability of the public water system to meet drinking water standards. The study shall propose a schedule for completion of work, including the design, financing, construction and operation of one of the following alternatives:

         (I)   Permanent filtration treatment facilities that meet the requirements of this chapter.

         (II)   Abandonment of the unfiltered surface water source and one of the following:

           (-a-)   Permanent interconnection with another water supply which meets the requirements of this chapter.

           (-b-)   Permanent water treatment facilities, utilizing groundwater as the source of supply, which meet the requirements of this chapter.

           (-c-)   Provision for adequate supply from existing sources which meets the requirements of this chapter.

       (B)   Submit the feasibility study according to the following schedule:

         (I)   By March 31, 1992, for a supplier which prior to August 31, 1991, experienced a triggering event as specified in subparagraph (iii)(B)(II).

         (II)   By June 30, 1992, for a supplier which after August 31, 1991, but before January 1, 1992, experienced a triggering event as specified in subparagraph (iii)(B)(II).

         (III)   By August 31, 1992, for other suppliers.

       (C)   Submit a full and complete permit application for the means identified in the approved feasibility study by which the supplier shall meet the requirements of this paragraph, according to the following schedule:

         (I)   By the date set in the approved feasibility study for a supplier which, prior to January 1, 1992, experienced a triggering event as specified in subparagraph (iii)(B)(II).

         (II)   By June 30, 1993, for a supplier subject to the requirements of subparagraph (iii)(B)(III), except that a public water supplier serving fewer than 3,300 people may submit its permit application by December 31, 1993.

       (D)   Initiate construction of the means identified in the approved feasibility study by which the supplier shall meet the requirements of this paragraph, according to the following schedule:

         (I)   By the date set in the approved feasibility study for a supplier which, prior to January 1, 1992, experienced a triggering event as specified in subparagraph (iii)(B)(II).

         (II)   By June 30, 1994, for a supplier subject to the requirements of subparagraph (iii)(B)(III), except that a public water supplier serving fewer than 3,300 people may initiate construction by December 31, 1994.

       (E)   Complete construction and commence operation of the alternative identified in the approved feasibility study by the dates specified in subparagraph (iii)(B).

     (v)   The requirements of subparagraph (iv) do not modify, repeal, suspend, supersede or otherwise change the terms of a compliance schedule or deadline, established by an existing compliance order, consent order and agreement, consent adjudication, court order or consent decree. For purposes of this paragraph, the term ’’existing’’ means a compliance order, consent order and agreement, consent adjudication, court order or consent decree which was issued or dated before December 14, 1991.

     (vi)   For a source including springs, infiltration galleries, cribs or wells permitted for use by the Department prior to May 16, 1992, and determined by the Department to be a GUDI source, the public water supplier shall:

       (A)   Maintain a minimum residual disinfectant concentration in the water delivered to the distribution system prior to the first customer in accordance with subsection (c)(1)(iii)(A).

       (B)   Provide continuous filtration and disinfection in accordance with this paragraph within 48 months after the Department determines the source of supply is a GUDI source.

       (C)   Submit to the Department for approval a feasibility study within 1 year after the Department determines the source of supply is a GUDI source. The feasibility study shall specify the means by which the supplier shall, within the deadline established in clause (B), meet the requirements of this paragraph and shall otherwise comply with paragraph (1)(iv)(A).

   (2)  A community public water system shall provide continuous disinfection for groundwater sources.

 (d)  Fluoride. A public water system shall comply with the primary MCL for fluoride of 2 mg/L, except that a noncommunity water system implementing a fluoridation program approved by the Department of Health and using fluoridation facilities approved by the Department under §  109.505 (relating to requirements for noncommunity water systems) may exceed the MCL for fluoride but may not exceed the fluoride level approved by the Department of Health. The secondary MCL for fluoride of 2 mg/L established by the EPA under 40 CFR 143.3 (relating to secondary MCLs) is not incorporated into this chapter.

 (e)  Treatment technique requirements for acrylamide and epichlorohydrin. Systems which use acrylamide or epichlorohydrin in the water treatment process shall certify in accordance with §  109.701(d)(7) that the following specified levels have not been exceeded:

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

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

 (f)  MRDLs.

   (1)  A public water system shall supply drinking water that complies with the MRDLs adopted by the EQB under the act.

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

 (g)  Treatment technique requirements for disinfection byproduct precursors. Comminity water systems and nontransient noncommunity water systems that use either surface water or GUDI sources and that use conventional filtration treatment shall provide adequate treatment to reliably control disinfection byproduct precursors in the source water. Enhanced coagulation and enhanced softening are deemed by the Department to be treatment techniques for the control of disinfection byproduct precursors in drinking water treatment and distribution systems. This subchapter incorporates by reference the treatment technique in 40 CFR 141.135 (relating to treatment technique for control of disinfection byproduct (DBP) precursors). Coagulants approved by the Department are deemed to be acceptable for the purpose of this treatment technique. This treatment technique is effective on the date established by the Federal regulations.

 (h)  Recycling of waste stream.

   (1)  Except as provided in paragraph (2), a public water system that uses surface water source or GUDI and provides conventional filtration or direct filtration treatment and recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes shall return these recycled flows through the processes of the system’s existing conventional or direct filtration system as defined in §  109.1 (relating to definitions) or at an alternate location approved by the Department by June 8, 2004.

   (2)  If capital improvements are required to modify the recycle location to meet the requirement of paragraph (1), the capital improvements shall be completed by June 8, 2006.

   (3)  Capital improvement means a nonrecurring, significant modification for nonroutine, long-term physical improvements to any part of a public water system, including, but not limited to, construction activities, renovation activities, demolition activities, source development, treatment process modifications, storage modifications, distribution system modifications, waste-processing modifications and all associated design costs.

   The provisions of this §  109.202 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 June 16, 1989, effective June 17, 1989, 19 Pa.B. 2543; amended December 13, 1991, effective December 14, 1991, 21 Pa.B. 5718; 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 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. Immediately preceding text appears at serial pages (304257) to (304259), (290479) to (290482) and (304261) to (304262).

 The Department may by order establish an MCL or treatment technique requirement on a case-by-case basis for a public water system in which an unregulated contaminant creates a health risk to the users of the public water system. An unregulated contaminant is one for which no MCL or treatment technique requirement has been established under §  109.202 (relating to State MCLs, MRDLs and treatment technique requirements).

   The provisions of this §  109.203 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895. Immediately preceding text appears at serial page (207202).

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

 (b)  Public water suppliers that did not conduct TTHM and HAA5 monitoring under this section because they served fewer than 10,000 persons when the monitoring was required, but serve 10,000 or more persons before January 1, 2005, shall comply with this section. These suppliers shall also establish a disinfection benchmark and consult with the Department for approval. A supplier that decides to make a significant change to its disinfection practice, as described in this section, shall consult with the Department before making such a change.

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

   The provisions of this §  109.204 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 page (303174).

Subchapter C. MONITORING REQUIREMENTS

Sec.

 The monitoring requirements established by the EPA under the National Primary Drinking Water Regulations, 40 CFR Part 141 (relating to national primary drinking water regulations), as of December 8, 1984, are incorporated by reference. Public water suppliers shall monitor for compliance with MCLs and MRDLs in accordance with the requirements established in the National Primary Drinking Water Regulations, except as otherwise established by this chapter unless increased monitoring is required by the Department under §  109.302 (relating to special monitoring requirements). Alternative monitoring require-ments may be established by the Department and may be implemented in lieu of monitoring requirements for a particular National Primary Drinking Water Regulation if the alternative monitoring requirements are in conformance with the Federal act and regulations. The monitoring requirements shall be applied as follows:

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

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

       (A)   Shall determine and record the turbidity level of representative samples of the system’s filtered water at least once every 4 hours that the system is in operation, except as provided in clause (B).

       (B)   May substitute continuous turbidity monitoring and recording for grab sample monitoring and manual recording if it validates the continuous measurement for accuracy on a regular basis using a procedure specified by the manufacturer. For systems using slow sand filtration or filtration treatment other than conventional filtration, direct filtration or diatomaceous earth filtration, the Department may reduce sampling frequency to once per day.

       (C)   Shall continuously monitor and record the residual disinfectant concentration of the water being supplied to the distribution system and record both the lowest value for each day and the number of periods each day when the value is less than .2 mg/L for more than 4 hours. If a public water system’s continuous monitoring or recording equipment fails, the public water supplier may, upon notification of the Department under §  109.701(a)(3) (relating to reporting and recordkeeping), substitute grab sampling or manual recording every 4 hours in lieu of continuous monitoring. Grab sampling or manual recording may not be substituted for continuous monitoring or recording for longer than 5 days after the equipment fails.

       (D)   Shall measure and record the residual disinfectant concentration at representative points in the distribution system no less frequently than the frequency required for total coliform sampling for compliance with the MCL for microbiological contaminants.

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

     If the Department reduces the monitoring, the supplier shall nevertheless collect and analyze another residual disinfectant measurement as soon as possible, but no longer than 4 hours from any measurement which is less than .2 mg/L.

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

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

       (A)   The water supplier shall calibrate turbidimeters using the procedure specified by the manufacturer.

       (B)   If there is failure in the continuous turbidity monitoring equipment, the system shall conduct grab sampling every 4 hours in lieu of continuous monitoring.

       (C)   A public water supplier serving 10,000 or more persons has a maximum of 5 working days following the failure of the equipment to repair or replace the equipment before a violation is incurred.

       (D)   A public water supplier serving fewer than 10,000 persons has a maximum of 14 days following the failure of the equipment to repair or replace the equipment before a violation is incurred.

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

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

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

       (B)   Shall measure the turbidity of a representative grab sample of the source water immediately prior to disinfection at least once every 4 hours that the system is in operation, except as provided in clause (C).

       (C)   May substitute continuous turbidity monitoring for grab sample monitoring if it validates the continuous measurement for accuracy on a regular basis using a protocol approved by the Department.

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

       (E)   Shall measure the residual disinfectant concentration at representative points in the distribution system no less frequently than the frequency required for total coliform sampling for compliance with the MCL for microbiological contaminants.

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

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

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

   (3)  Monitoring requirements for coliforms. Public water systems shall determine the presence or absence of total coliforms for each routine or check sample; and, the presence or absence of fecal coliforms or E. coli for a total coliform positive sample in accordance with analytical techniques approved by the Department under §  109.304 (relating to analytical requirements). A system may forego fecal coliform or E. coli testing on a total coliform-positive sample if the system assumes that any total coliform-positive sample is also fecal coliform-positive. A system which chooses to forego fecal coliform or E. coli testing shall, under §  109.701(a)(3), notify the Department within 1 hour after the water system learns of the violation or the situation, and shall provide public notice in accordance with §  109.408 (relating to Tier 1 public notice—form, manner and frequency of notice).

     (i)   Frequency. Public water systems shall collect samples at regular time intervals throughout the monitoring period as specified in the system distribution sample siting plan under §  109.303(a)(2) (relating to sampling requirements). Systems which use groundwater and serve 4,900 persons or fewer, may collect all required samples on a single day if they are from different sampling sites in the distribution system.

       (A)   Except as provided under §  109.705(b) (relating to sanitary surveys), the number of monthly total coliform samples that community water systems shall take is based on the population served by the system as follows:

       (B)   Except as provided under §  109.705(c), the number of periodic total coliform samples that noncommunity water systems shall take is as follows:

         (I)   A noncommunity water system using only groundwater and serving 1,000 or fewer persons per day on a permanent basis, January through December each year, shall take one sample each calendar quarter that the system provides water to the public.

         (II)   A noncommunity water system using surface water (in total or in part) or serving more than 1,000 persons per day during a given month shall take the same number of samples as a community water system serving the same number of persons specified in clause (A) for each month the system provides water to the public, even if the population served is temporarily fewer than 1,000 persons per day. A groundwater system determined to be under the influence of surface water shall begin monitoring at this frequency 6 months after the Department determines that the source water is under the direct influence of surface water.

       (C)   A public water system that uses either a surface water or a GUDI source and does not practice filtration in compliance with Subchapter B (relating to MCLs, MRDLs or treatment technique requirements) shall collect at least one total coliform sample at the entry point, or an equivalent location as determined by the Department, to the distribution system within 24 hours of each day that the turbidity level in the source water, measured as specified in paragraph (2)(i)(B), exceeds 1.0 NTU. The Department may extend this 24-hour collection limit to a maximum of 72 hours if the system adequately demonstrates a logistical problem outside the system’s control in having the sample analyzed within 30 hours of collection. A logistical problem outside the system’s control may include a source water turbidity result exceeding 1.0 NTU over a holiday or weekend in which the services of a Department certified laboratory are not available within the prescribed sample holding time. These sample results shall be included in determining compliance with the MCL for total coliforms established under §  109.202(a)(2).

     (ii)   Repeat monitoring. A public water system shall collect a set of check samples within 24 hours of being notified of a total coliform-positive routine or check sample. The Department may extend this 24-hour collection limit to a maximum of 72 hours if the system adequately demonstrates a logistical problem outside the system’s control in having the check samples analyzed within 30 hours of collection. A logistical problem outside the system’s control may include a coliform-positive sample result received over a holiday or weekend in which the services of a Department certified laboratory are not available within the prescribed sample holding time.

       (A)   A system which collects more than one routine sample per monitoring period shall collect at least three check samples for each total coliform-positive sample found.

       (B)   A system which collects only one routine sample per monitoring period shall collect at least four check samples for each total coliform-positive sample found.

       (C)   The system shall collect at least one check sample from the sampling tap where the original total coliform-positive sample was taken, at least one check sample at a tap within five service connections upstream of the original coliform-positive sample and at least one check sample within five service connections downstream of the original sampling site. If a total coliform-positive sample occurs at the end of the distribution system or one service connection away from the end of the distribution system, the water supplier shall collect an additional check sample upstream of the original sample site in lieu of a downstream check sample.

       (D)   A system shall collect all check samples on the same day, except that a system with a single service connection may collect the required set of check samples all on the same day or consecutively over a 4-day period.

       (E)   If a check sample is total coliform-positive, the public water system shall collect additional check samples in the manner specified in this subparagraph. The system shall continue to collect check samples until either total coliforms are not detected in check samples, or the system determines that the MCL for total coliforms as established under §  109.202(a)(2) has been exceeded and notifies the Department.

       (F)   If a system collecting fewer than five routine samples per month has one or more valid total coliform-positive samples, the system shall collect at least five routine samples during the next month the system provides water to the public. The number of routine samples for the month following a total coliform-positive sample may be reduced by the Department to at least one sample the next month if the reason for the total coliform-positive sample is determined and the problem has been corrected or will be corrected before the end of the next month.

       (G)   Results of all routine and check samples not invalidated by the Department shall be included in determining compliance with the MCL for total coliforms as established under §  109.202(a)(2).

     (iii)   Invalidation of total coliform samples. A total coliform sample invalidated under this paragraph does not count towards meeting the minimum monitoring requirements of this section.

       (A)   The Department may invalidate a total coliform-positive sample if one of the following applies:

         (I)   The laboratory which performed the analysis establishes that improper sample analysis caused the total coliform-positive result.

         (II)   A domestic or other nondistribution system plumbing problem exists when a coliform contamination incident occurs that is limited to a specific service connection from which a coliform-positive sample was taken in a public water system with more than one service connection. The Department’s determination to invalidate a sample shall be based on a total coliform-positive check sample collected at the same tap as the original total coliform-positive sample and all total coliform-negative check samples collected within five service connections of the original total coliform positive sample. This type of sample invalidation does not apply to public water systems with only one service connection.

         (III)   A total coliform-positive sample result is due to a circumstance or condition which does not reflect water quality in the distribution system. The Department’s decision to invalidate a sample shall be based on evidence that the sample result does not reflect water quality in the distribution system. In this case, the system shall still collect all check samples required under subparagraph (ii) to determine compliance with the MCL for total coliforms as established under §  109.202(a)(2).

       (B)   A laboratory shall invalidate a total coliform sample if no total coliforms are detected and one of the following occurs:

         (I)   The sample produces a turbid culture in the absence of gas production using an analytical method where gas formation is examined.

         (II)   The sample exhibits confluent growth or produces colonies too numerous to count with an analytical method using a membrane filter.

       (C)   If a laboratory invalidates a sample because of interference as specified in clause (B), the laboratory shall notify the system within 1 business day to collect another sample from the same location as the original sample within 24 hours of being notified of the interference and have it analyzed for the presence of total coliforms. The system shall resample within 24 hours of being notified of interference and continue to resample every 24 hours until it receives a valid result. The Department may extend this 24-hour limit to a maximum of 72 hours if the system adequately demonstrates a logistical problem outside the system’s control in having the resamples analyzed within 30 hours. A logistical problem outside the system’s control may include a notification of a laboratory sample invalidation, due to interference, which is received over a holiday or weekend in which the services of a Department certified laboratory are not available within the prescribed sample holding time.

     (iv)   Special purpose samples, such as those taken to determine whether disinfection practices are sufficient following pipe placement, replacement or repair, may not be used to determine compliance with the MCL for total coliform. Check samples taken under subparagraph (ii) are not considered special purpose samples, and shall be used to determine compliance with the monitoring and MCL requirements for total coliforms established under this paragraph and §  109.202(a)(2).

   (4)  Exception. For a water system which complies with the performance monitoring requirements under paragraph (2), the monitoring requirements for compliance with the turbidity MCL do not apply.

   (5)  Monitoring requirements for VOCs. Community water systems and nontransient noncommunity water systems shall monitor for compliance with the MCLs for VOCs established by the EPA under 40 CFR 141.61(a) (relating to MCLs for organic contaminants). The monitoring shall be conducted according to the requirements established by the EPA under 40 CFR 141.24(f) (relating to organic chemicals other than total trihalomethanes, sampling and analytical requirements), incorporated herein by reference, except as modified by this chapter. Initial or first year monitoring mentioned in this paragraph refers to VOC monitoring conducted on or after January 1, 1993.

     (i)   Vinyl chloride. Monitoring for compliance with the MCL for vinyl chloride is required only for groundwater entry points at which one or more of the following two-carbon organic compounds have been detected: trichloroethylene, tetrachloroethylene, 1,2-dichloroethane, 1,1,1-trichloroethane, cis-1,2-dichloroethylene, trans-1,2-dichloroethylene or 1,1-dichloroethylene.

     (ii)   Initial monitoring schedule. The initial monitoring shall consist of four consecutive quarterly samples at each entry point in accordance with the following monitoring schedule during the compliance period beginning January 1, 1993, except for systems which are granted reduced initial monitoring in accordance with clauses (E) and (F). A system which monitors during the initial monitoring period, but begins monitoring before its scheduled initial monitoring year specified in this subparagraph, shall begin monitoring every entry point during the first calendar quarter of the year it begins monitoring, except as provided in clause (E).

       (A)   Systems serving more than 10,000 persons shall begin monitoring during the quarter beginning January 1, 1994.

       (B)   Systems serving 3,301 persons to 10,000 persons shall begin monitoring during the quarter beginning January 1, 1995.

       (C)   Systems serving 500 to 3,300 persons shall begin monitoring during the quarter beginning January 1, 1993.

       (D)   Systems serving fewer than 500 persons shall begin monitoring during the quarter beginning January 1, 1994.

       (E)   For systems serving 3,300 or fewer people which monitor at least one quarter prior to October 1, 1993, and do not detect VOCs at an entry point during the first quarterly sample, the required initial monitoring is reduced to one sample at that entry point. For systems serving 500 to 3,300 people to qualify for this reduced monitoring, the initial monitoring shall have been conducted during the quarter beginning January 1, 1993.

       (F)   For systems serving more than 3,300 people, which were in existence prior to January 1, 1993, initial monitoring for compliance with the MCLs for VOCs established by the EPA under 40 CFR 141.61(a) is reduced to one sample for each entry point which meets the following conditions:

         (I)   VOC monitoring required by the Department between January 1, 1988, and December 31, 1992, has been conducted and no VOCs regulated under 40 CFR 141.61(a) were detected.

         (II)   The first quarter monitoring required by this paragraph has been conducted during the first quarter of the system’s scheduled monitoring year under this paragraph, with no detection of a VOC.

       (G)   Initial monitoring of new entry points associated with new sources which are permitted under Subchapter E (relating to permit requirements) to begin operation after December 31, 1992, shall conduct initial monitoring as follows:

         (I)   Entry points at which a VOC is detected during new source monitoring shall be monitored quarterly beginning the first quarter the entry points begin serving the public. Quarterly monitoring shall continue until reduced monitoring is granted in accordance with subparagraph (iii)(D).

         (II)   Entry points at which no VOC is detected during new source monitoring shall begin initial quarterly monitoring during the first calendar quarter of the year after the entry point begins serving the public. If no VOC is detected during the first quarter of monitoring, first year monitoring is reduced to one sample at that entry point.

     (iii)   Repeat monitoring for entry points at which a VOC is detected.

       (A)   For entry points at which a VOC is detected at a level equal to or greater than its MCL during the first year of quarterly monitoring, the monitoring shall be repeated quarterly beginning the quarter following detection at a level equal to or greater than the MCL, for VOCs for which the EPA has established MCLs under 40 CFR 141.61(a), except for vinyl chloride as provided in subparagraph (i), until reduced monitoring is granted in accordance with clause (D).

       (B)   For entry points at which a VOC is detected, and reduced monitoring is granted in accordance with clause (D), and a VOC is thereafter detected at a level greater than the MCL, the monitoring shall be repeated quarterly beginning the quarter following detection at a level for the VOCs for which the EPA has established MCLs under 40 CFR 141.61(a), except for vinyl chloride as provided in subparagraph (i), until reduced monitoring is granted in accordance with clause (D).

       (C)   For entry points at which no VOC is detected during the first year of monitoring but a VOC is detected thereafter, the monitoring shall be repeated quarterly beginning the quarter following detection at a level for the VOCs for which the EPA has established MCLs under 40 CFR 141.61(a), except for vinyl chloride as provided in subparagraph (i), or until reduced monitoring is granted in accordance with clause (D).

       (D)   After analyses of four consecutive quarterly samples at an entry point, including initial quarterly samples, demonstrate that the VOC levels in each quarterly sample are less than the MCLs, the required monitoring is reduced to one sample per year at the entry point for the VOCs for which the EPA has established MCLs under 40 CFR 141.61(a), except for vinyl chloride as provided in subparagraph (i).

       (E)   A confirmation sample shall be collected and analyzed for each VOC listed under 40 CFR 141.61(a) which is detected at a level in excess of its MCL during annual or less frequent compliance monitoring. The confirmation sample shall be collected within 2 weeks of notification by the certified laboratory performing the analysis that an MCL has been exceeded. The average of the results of the original and the confirmation sample will be used to determine compliance. Monitoring shall be completed by the deadline specified for VOC compliance monitoring.

     (iv)   Repeat monitoring for entry points at which no VOC is detected.

       (A)   For entry points at which VOCs are not detected during the first year of quarterly monitoring, or annual monitoring if only one sample was required at an entry point for first year monitoring under subparagraph (ii)(E), (F) or (G)(II), required monitoring is reduced to one sample per entry point per year.

       (B)   For groundwater entry points where VOCs are monitored in accordance with this paragraph, but are not detected during 3 years of quarterly or annual monitoring, or both, required monitoring is reduced to one sample per entry point during each subsequent compliance period. Reduced monitoring shall be conducted at 3-year intervals from the year of required initial monitoring.

     (v)   Reduced monitoring. When reduced monitoring is provided under subparagraph (iii)(D), or subparagraph (iv)(A) or (B), the system shall monitor the entry point during the calendar year quarter of highest anticipated VOC levels or as specified by the Department. The reduced monitoring option in subparagraph (iv)(B) does not apply to entry points at which treatment has been installed for VOC removal. Quarterly performance monitoring is required for VOCs for which treatment has been installed.

     (vi)   Waivers. Waivers under 40 CFR 141.24(f) will not be available for the VOC monitoring requirements in this paragraph.

   (6)  Monitoring requirements for SOCs (pesticides and PCBs). Community water systems and nontransient noncommunity water systems shall monitor for compliance with the MCLs for SOCs established by the EPA under 40 CFR 141.61(c). The monitoring shall be conducted according to the requirements established by the EPA under 40 CFR 141.24(h), incorporated herein by reference except as modified by this chapter.

     (i)   Initial monitoring schedule. Initial monitoring shall consist of four consecutive quarterly samples at each entry point beginning during the quarter beginning January 1, 1995, except for systems which are granted an initial monitoring waiver in accordance with subparagraph (v). Systems which monitor during the initial monitoring period but begin monitoring before 1995 shall begin monitoring during the first calendar quarter of the year.

       (A)   New entry points associated with new sources which are vulnerable to SOC contamination, as determined in accordance with subparagraph (v), and which begin operation after March 31, 1995, and do not detect an SOC during new source sampling shall begin initial quarterly monitoring during the first calendar year quarter of the year after the entry point begins serving the public.

       (B)   New entry points associated with new sources which are vulnerable to SOC contamination as determined in accordance with subparagraph (v), at which an SOC is detected during new source sampling shall begin initial quarterly monitoring the first quarter the entry point begins serving the public. Quarterly monitoring shall continue until reduced monitoring is granted in accordance with subparagraph (ii)(E).

     (ii)   Repeat monitoring for SOCs that are detected. For entry points which were monitored for SOCs during the initial quarterly monitoring period or during the required quarterly monitoring immediately after being determined vulnerable to contamination by an SOC, repeat monitoring shall be conducted as follows:

       (A)   For entry points at which an SOC is detected at a level equal to or greater than its MCL, the monitoring for the detected SOC shall be continued quarterly, until reduced monitoring is granted in accordance with clause (E).

       (B)   For entry points at which an SOC is detected during the first year of quarterly monitoring, and reduced monitoring is granted in accordance with clause (E), and the SOC is thereafter detected at a level greater than its MCL, the monitoring for the detected SOC shall be repeated quarterly, until reduced monitoring is granted in accordance with clause (E).

       (C)   For entry points at which an SOC is not detected during the first year of quarterly monitoring, but an SOC is detected initially thereafter at a level less than the MCL, monitoring shall be repeated annually for the detected SOC.

       (D)   For entry points at which an SOC is not detected during the first year of quarterly monitoring, but the SOC is detected thereafter at a level equal to or greater than the MCL, monitoring for that SOC shall be repeated quarterly, until reduced monitoring is granted in accordance with clause (E).

       (E)   After analyses of four consecutive quarterly samples at an entry point, including initial quarterly samples, demonstrate that the SOC level in each quarterly sample is less than the MCL, the required monitoring for each SOC detected below the MCL is reduced to one sample per year at the entry point.

       (F)   For entry points at which either heptachlor or heptachlor epoxide is detected during the initial round of consecutive quarterly samples, or in subsequent repeat samples, the monitoring shall be continued for both contaminants in accordance with the more frequent monitoring required of the two contaminants based on the level at which each is detected.

       (G)   A confirmation sample shall be collected and analyzed for each SOC listed under 40 CFR 141.61(c) which is detected at a level in excess of its MCL during annual or less frequent compliance monitoring. The confirmation sample shall be collected within 2 weeks of the water supplier receiving notification from the certified laboratory performing the analysis that an MCL has been exceeded. The average of the results of the original and the confirmation samples will be used to determine compliance. Confirmation monitoring shall be completed by the deadline specified for SOC compliance monitoring.

     (iii)   Repeat monitoring for SOCs that are not detected. For entry points at which SOCs are not detected during the first year of quarterly monitoring, the required monitoring is reduced to one sample in each 3-year compliance period for systems serving 3,300 or fewer persons and to two consecutive quarterly samples in each compliance period for systems serving more than 3,300 persons. Reduced monitoring shall be conducted at 3-year intervals from the year of required initial VOC monitoring, in accordance with paragraph (5)(ii).

     (iv)   Reduced monitoring. When reduced monitoring is provided under subparagraph (ii) or (iii), the system shall monitor the entry point during the second calendar year quarter, or the second and third calendar year quarter when two quarterly samples are required in each compliance period, unless otherwise specified by the Department. The reduced monitoring option in subparagraph (iii) does not apply to entry points at which treatment has been installed for SOC removal. Compliance monitoring for SOCs for which treatment has been installed to comply with an MCL shall be conducted at least annually, and performance monitoring shall be conducted quarterly.

     (v)   Waivers. A waiver will be granted to a public water supplier from conducting the initial compliance monitoring or repeat monitoring, or both, for an SOC based on documentation provided by the public water supplier and a determination by the Department that the criteria in clause (B), (C) or (D) has been met. A waiver is effective for one compliance period and may be renewed in each subsequent compliance period. If the Department has not granted an areawide use waiver in accordance with clause (B), the public water supplier is responsible for submitting a waiver application and renewal application to the Department for review in accordance with clause (B) or (C) for specific entry points. Waiver applications will be evaluated relative to the vulnerability assessment area described in clause (A) and the criteria in clause (B) or (C). Entry points at which treatment has been installed to remove an SOC are not eligible for a monitoring waiver for the SOCs for which treatment has been installed.

       (A)   Vulnerability assessment area for SOCs except dioxin and PCBs.

         (I)   For groundwater entry points, the vulnerability assessment area shall consist of wellhead protection area Zones I and II.

         (II)   For surface water entry points, the vulnerability assessment area shall consist of the area that supplies water to the entry point and is separated from other watersheds by the highest topographic contour.

       (B)   Use waivers. An areawide use waiver will be granted by the Department for contaminants which the Department has determined have not been used, stored, manufactured or disposed of in this Commonwealth, or portions of this Commonwealth. A use waiver specific to a particular entry point requires that an SOC was not used, stored, manufactured or disposed of in the vulnerability assessment area. If use waiver criteria cannot be met, a public water supplier may apply for a susceptibility waiver.

       (C)   Susceptibility waivers. A susceptibility waiver for specific contaminants may be granted based on the following criteria, and only applies to groundwater entry points:

         (I)   Previous analytical results.

         (II)   Environmental persistence and transport of the contaminant.

         (III)   Proximity of the drinking water source to point or nonpoint source contamination.

         (IV)   Elevated nitrate levels as an indicator of the potential for pesticide contamination.

         (V)   Extent of source water protection or approved wellhead protection program.

       (D)   Waivers for dioxin and PCBs. A system is granted a waiver from monitoring for dioxin and PCBs unless the Department determines that there is a source of dioxin or PCB contamination which poses a threat to a drinking water source.

   (7)  Monitoring requirements for IOCs. Community water systems and nontransient noncommunity water systems shall monitor for compliance with the MCLs for IOCs established by the EPA under 40 CFR 141.62 (relating to maximum contaminant levels (MCLs) for inorganic contaminants), and for arsenic established by the EPA under 40 CFR 141.11 (relating to maximum contaminant levels for inorganic contaminants). Transient noncommunity water suppliers shall monitor for compliance with the MCLs for nitrate and nitrite. The monitoring shall be conducted according to the requirements established by the EPA under 40 CFR 141.23 (relating to inorganic chemical sampling and analytical requirements). The requirements are incorporated by reference except as modified by this chapter.

     (i)   Monitoring requirements for asbestos.

       (A)   Waivers for asbestos monitoring. A system is granted a waiver from asbestos monitoring unless the Department determines that the system’s distribution system contains asbestos cement pipe and the system has not implemented optimum corrosion control measures, or the Department determines that the system’s source water is vulnerable to asbestos contamination.

       (B)   Initial monitoring schedule. Community water systems and nontransient noncommunity water systems not granted a waiver under clause (A) shall monitor for compliance with the MCL for asbestos by taking one sample at each vulnerable sampling point during the first 3-year compliance period of each 9-year compliance cycle, with the initial compliance monitoring beginning not later than the calendar year beginning January 1, 1995.

       (C)   Monitoring of new entry points. New entry points which begin operation after December 31, 1995, shall conduct initial monitoring during the first compliance period of the first compliance cycle after the entry point begins serving the public, if the Department determines that a waiver cannot be granted in accordance with clause (A).

       (D)   Repeat monitoring for systems that detect asbestos. If a sample exceeds the MCL for asbestos, the monitoring at that sampling point shall be continued quarterly beginning in the quarter following the MCL violation. After four consecutive quarterly samples less than the MCL at that entry point, the required monitoring is reduced to one sample at that entry point during the first 3-year compliance period of each subsequent 9-year compliance cycle, if treatment has not been installed to remove asbestos from the source water. Compliance monitoring at entry points at which treatment has been installed to remove asbestos from source water shall be conducted at least annually, and performance monitoring shall be conducted quarterly.

     (ii)   Monitoring requirements for nitrate and nitrite. The following compliance monitoring for nitrite is not required at entry points receiving water which has been disinfected with free chlorine, chlorine dioxide or ozone:

       (A)   Initial monitoring schedule. A public water system shall begin new monitoring for nitrate and nitrite by taking one annual sample at each groundwater entry point to the system beginning during the year beginning January 1, 1993. Community water systems and nontransient noncommunity water systems with surface water sources shall monitor quarterly at each surface water entry point for nitrate and nitrite beginning during the quarter beginning January 1, 1993. Transient noncommunity water systems shall monitor each surface water entry point by taking one annual sample beginning during the year beginning January 1, 1993.

       (B)   Monitoring of new entry points. New community and nontransient noncommunity surface water entry points which begin serving the public after the first calendar quarter of a year and did not detect levels of nitrate or nitrite equal to or greater than 50% of the MCL during new source sampling shall begin initial monitoring for nitrate and nitrite during the first calendar quarter of the year after the entry point begins serving the public. New community and nontransient noncommunity groundwater and surface water entry points at which nitrate or nitrite is detected at levels equal to or greater than 50% of the MCL during new source sampling shall begin initial quarterly monitoring the first quarter the entry point begins serving the public. New community and nontransient noncommunity groundwater entry points at which nitrate and nitrite are not detected at levels equal to or greater than 50% of the MCL, and all transient noncommunity entry points, shall begin initial annual monitoring during the first new calendar year after the entry point begins serving the public.

       (C)   Repeat monitoring for systems with nitrate or nitrite levels equal to or greater than 50% of the MCL.

         (I)   For entry points at which initial monitoring results or subsequent monitoring indicate nitrate or nitrite levels equal to or greater than 50% of the MCL, community and nontransient noncommunity water systems shall begin quarterly monitoring the quarter following detection at that level and continue quarterly monitoring for both nitrate and nitrite, unless reduced monitoring is granted in accordance with subclause (III).

         (II)   For entry points at which initial monitoring results or subsequent monitoring indicate nitrate or nitrite levels greater than the MCL, transient noncommunity systems shall begin quarterly monitoring the quarter following detection at that level and continue quarterly monitoring for both nitrate and nitrite, unless reduced monitoring is granted in accordance with subclause (IV).

         (III)   After four consecutive quarterly samples at an entry point for a community or nontransient noncommunity system indicate nitrate and nitrite levels in each sample are less than 50% of the MCLs, the required compliance monitoring is reduced to one sample per year at the entry point. Annual monitoring shall be conducted during the calendar quarter in which the consecutive quarterly monitoring indicated that the highest levels of contamination were present, unless the Department determines that a different monitoring quarter should be used in accordance with paragraph (10).

         (IV)   After four consecutive quarterly samples at an entry point for a transient noncommunity system indicate nitrate and nitrite levels in each sample are less than the MCLs, the required compliance monitoring is reduced to one sample per year at the entry point. Annual monitoring shall be conducted during the calendar quarter in which the consecutive quarterly monitoring indicated that the highest levels of contamination were present, unless the Department determines that a different monitoring quarter should be used in accordance with paragraph (10).

         (V)   For nitrate or nitrite sample results in excess of the MCLs, the water supplier shall take a confirmation sample within 24 hours of having received the original sample result. A water supplier that is unable to comply with the 24-hour sampling requirement shall immediately notify persons served by the public water system in accordance with §  109.408. Systems exercising this option shall take and analyze a confirmation sample within 2 weeks of notification of the analytical results of the first sample.

         (VI)   Noncommunity water systems for which an alternate nitrate level has been approved by the Department in accordance with 40 CFR 141.11(d) are not required to collect a confirmation sample if only the nitrate MCL is exceeded and nitrate is not in excess of the alternate nitrate level. If the alternate nitrate level is exceeded, the water supplier shall collect a confirmation sample within 24 hours after being advised by the certified laboratory performing the analysis that the compliance sample exceeded 20 mg/L for nitrate. Confirmation monitoring shall be completed by the deadline for compliance monitoring. Quarterly performance monitoring is required for nitrate and nitrite at entry points where treatment has been installed to remove nitrate or nitrite.

       (D)   Repeat monitoring for systems with nitrate and nitrite levels less than 50% of the MCLs. For entry points at which initial monitoring results indicate nitrate and nitrite levels in each sample are less than 50% of the MCLs, nitrate and nitrite monitoring shall be repeated annually during the calendar quarter in which the water supplier anticipates the highest levels of contamination, unless the Department determines that a different monitoring quarter should be used in accordance with paragraph (10).

     (iii)   Monitoring requirements for antimony, arsenic, barium, beryllium, cadmium, cyanide, chromium, fluoride, mercury, nickel, selenium and thallium.

       (A)   Initial monitoring schedule. Community water systems and nontransient noncommunity water systems shall monitor each surface water entry point annually beginning during the year beginning January 1, 1993, and shall monitor each groundwater entry point once every 3 years beginning during the year beginning January 1, 1994.

       (B)   Monitoring of new entry points. New groundwater entry points which begin operation after December 31, 1994, shall begin initial monitoring in accordance with the schedule in clause (A)—that is, 1997, and so forth. New surface water entry points shall begin initial annual monitoring during the first new calendar year after the entry point begins serving the public.

       (C)   Repeat monitoring for entry points at which an IOC MCL is exceeded.

         (I)   For entry points at which initial monitoring results or subsequent monitoring indicates an IOC level in excess of the MCL, monitoring shall be repeated quarterly beginning the quarter following detection at that level for each IOC in excess of an MCL, until reduced monitoring is granted in accordance with subclause (II).

         (II)   After analyses of four consecutive quarterly samples at an entry point where treatment has not been installed to comply with an IOC MCL indicate that contaminant levels are less than the MCLs, the required monitoring for each IOC less than the MCL is reduced to the frequencies stated in clause (A). This reduced monitoring option does not apply to entry points at which treatment has been installed for IOC removal. Compliance monitoring for IOCs for which treatment has been installed to comply with an MCL shall be conducted at least annually, and performance monitoring shall be conducted quarterly.

         (III)   A confirmation sample shall be collected and analyzed for each IOC listed under 40 CFR 141.11(b) or 141.62(b) which is detected at a level in excess of its MCL during annual or less frequent compliance monitoring. The confirmation sample shall be collected within 2 weeks of notification by the certified laboratory performing the analysis that an MCL has been exceeded. The average of the results of the original and the confirmation samples will be used to determine compliance. Confirmation monitoring shall be completed by the deadline specified for IOC compliance monitoring.

       (D)   Waivers for IOC monitoring. Except when treatment has been installed to remove the IOC, after three consecutive rounds of quarterly, annual or triennial monitoring indicate the contaminant level for an IOC is below the MCL in all samples at an entry point, routine monitoring for the remainder of the compliance cycle for that IOC is waived and the required monitoring for the IOC is reduced to one sample per 9-year compliance cycle at that entry point. Reduced monitoring shall be conducted during the first monitoring period of the next monitoring cycle. A waiver is effective for one compliance cycle and may be renewed in each subsequent compliance cycle.

       (E)   Operational monitoring for fluoride. Public water suppliers who fluoridate shall conduct operational monitoring for fluoride daily.

   (8)  Monitoring requirements for public water systems that obtain finished water from another public water system.

     (i)   Consecutive water suppliers shall monitor for compliance with the MCL for microbiological contaminants at the frequency established by the EPA and incorporated by reference into this chapter.

     (ii)   Community consecutive water suppliers shall:

       (A)   Monitor for compliance with the MCL for TTHMs established under 40 CFR 141.12 (relating to maximum contaminant levels for total trihalomethanes) in accordance with 40 CFR 141.30 (relating to total trimalomethanes sampling, analytical and other requirements) if the system does one of the following:

         (I)   Serves more than 10,000 persons.

         (II)   Obtains finished water from another public water system serving more than 10,000 persons.

       (B)   Monitor the distribution system for compliance with the MCL for asbestos at the frequency indicated in paragraph (7)(i), when the Department determines that the system’s distribution system contains asbestos cement pipe and optimum corrosion control measures have not been implemented.

     (iii)   Consecutive water suppliers are exempt from conducting monitoring for the MCLs for VOCs, SOCs and IOCs and radionuclides if the public water system from which the finished water is obtained complies with paragraphs (5)—(7) and (14), except that asbestos monitoring is required in accordance with subparagraph (ii)(B).

     (iv)   For a public water system which is not a consecutive water system, the exemption in subparagraph (iii) applies to entry points which obtain finished water from another public water system.

     (v)   A public water supplier that obtains finished water from another permitted public water system using either surface water or GUDI sources shall, beginning May 16, 1992, measure the residual disinfectant concentration at representative points in the distribution system at least as frequently as the frequency required for total coliform sampling for compliance with the MCL for microbiological contaminants.

     (vi)   Community water systems and nontransient noncommunity water systems that obtain finished water from another permitted public water system shall comply with the monitoring requirements for disinfection byproducts and disinfectant residuals in paragraphs (12)(i)—(iii) and (13).

   (9)  Monitoring requirements for POE devices. A public water supplier using a POE device shall, in addition to the monitoring requirements specified in paragraphs (1)—(8), conduct monitoring on the devices installed. As a minimum, the monitoring shall include the MCLs for which the POE device is intended to treat and monthly microbiological monitoring. The Department may allow the water supplier to reduce the frequency of microbiological monitoring based upon historical performance. Except for microbiological contaminants, monitoring shall be performed quarterly on 25% of the installed POE devices with the locations rotated so that each device is monitored at least once annually, unless increased monitoring is required by the Department under §  109.302.

   (10)  Additional monitoring. The Department may by written notice require a public water supplier to conduct monitoring for compliance with MCLs or MRDLs during a specific portion of a monitoring period, if necessary to ensure compliance with the monitoring or reporting requirements in this chapter.

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

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

     (i)   TTHMs and HAA5.

       (A)   Routine monitoring.

         (I)   Systems that use either surface water or GUDI sources shall monitor as follows:

           (-a-)   Systems serving at least 10,000 persons shall take at least four samples per quarter per treatment plant. At least 25% of all samples collected each quarter shall be collected at locations representing maximum residence time. The remaining samples shall be taken at locations that are representative of at least average residence time and that are representative of the entire distribution system, taking into account the number of persons served, the different sources of water, and the different treatment methods.

           (-b-)   Systems serving from 500 to 9,999 persons shall take at least one sample per quarter per treatment plant. The sample shall be taken at a location that represents a maximum residence time.

           (-c-)   Systems serving fewer than 500 persons shall take at least one sample per year per treatment plant during the month of warmest water temperature. The sample shall be taken at a location that represents a maximum residence time. If the sample, or average of all samples, exceeds either a TTHM or HAA5 MCL, then the system shall take at least one sample per quarter per treatment plant beginning in the quarter immediately following the quarter in which the system exceeds either the TTHM or HAA5 MCL. The sample shall be taken at a location that represents a maximum residence time. If, after at least 1 year of monitoring, the TTHM running annual average is no greater than 0.060 mg/L and the HAA5 running annual average is no greater than 0.045 mg/L, the required monitoring is reduced back to one sample per year per treatment plant.

           (-d-)   If a system samples more frequently than the minimum required in items (-a-)—(-c-), at least 25% of all samples collected each quarter shall be collected at locations representing maximum residence time, with the remainder of the samples representing locations of at least average residence time.

         (II)   Systems that use only groundwater sources not included under subclause (I) shall monitor as follows:

           (-a-)   Systems serving at least 10,000 persons shall take at least one sample per quarter per treatment plant. Multiple wells drawing water from a single aquifer may be considered as a single treatment plant. The sample shall be taken at a location that represents a maximum residence time.

           (-b-)   Systems serving fewer than 10,000 persons shall take at least one sample per year per treatment plant during the month of warmest water temperature. Multiple wells drawing water from a single aquifer may be considered as a single treatment plant. The sample shall be taken at a location that represents a maximum residence time. If the sample, or average of all samples, exceeds either a TTHM or HAA5 MCL, then the system shall take at least one sample per quarter per treatment plant beginning in the quarter immediately following the quarter in which the system exceeds either the TTHM or HAA5 MCL. The sample shall be taken at a location that represents a maximum residence time. If, after at least 1 year of monitoring, the TTHM running annual average is no greater than 0.060 mg/L and the HAA5 running annual average is no greater than 0.045 mg/L, the required monitoring is reduced back to one sample per year per treatment plant.

           (-c-)   If a system samples more frequently than the minimum required, at least 25% of all samples collected each quarter shall be collected at locations representing maximum residence time, with the remainder of the samples representing locations of at least average residence time.

       (B)   Reduced monitoring. Systems shall monitor for TTHMs and HAA5 for at least 1 year prior to qualifying for reduced monitoring. Systems serving at least 500 persons and that use either surface water or GUDI sources shall monitor source water TOC monthly for at least 1 year prior to qualifying for reduced monitoring. The Department retains the right to require a system that meets the requirements of this clause to resume routine monitoring.

         (I)   For systems serving at least 500 persons that use either surface water or GUDI sources and that have a source water TOC running annual average that is no greater than 4.0 mg/L, a TTHM running annual average that is no greater than 0.040 mg/L and an HAA5 running annual average that is no greater than 0.030 mg/L, the required monitoring is reduced according to items (-a-) and (-b-). Systems serving at least 10,000 persons shall resume routine monitoring as prescribed in clause (A) if the TTHM running annual average exceeds 0.060 mg/L or the HAA5 running annual average exceeds 0.045 mg/L. Systems serving from 500 to 9,999 persons shall resume routine monitoring as prescribed in clause (A) if the annual TTHM average exceeds 0.060 mg/L or the annual HAA5 average exceeds 0.045 mg/L. Systems serving at least 500 persons that must resume routine monitoring shall resume routine monitoring in the quarter immediately following the quarter in which the system exceeded the specified TTHM or HAA5 criteria.

           (-a-)   For systems serving at least 10,000 persons, the required monitoring is reduced to one sample per quarter per treatment plant. The sample shall be taken at a location that represents a maximum residence time.

           (-b-)   For systems serving from 500 to 9,999 persons, the required monitoring is reduced to one sample per year per treatment plant. The sample shall be taken during the month of warmest water temperature and at a location that represents a maximum residence time.

         (II)   For systems that use only groundwater sources not included under subclause (I), the required monitoring is reduced according to the following:

           (-a-)   For systems serving at least 10,000 persons that have a TTHM running annual average that is no greater than 0.040 mg/L and an HAA5 running annual average that is no greater than 0.030 mg/L, the required monitoring is reduced to one sample per year per treatment plant. The sample shall be taken during the month of warmest water temperature and at a location that represents a maximum residence time. If the annual TTHM average exceeds 0.060 mg/L or the annual HAA5 average exceeds 0.045 mg/L, the system shall resume routine monitoring as prescribed in clause (A) in the quarter immediately following the quarter in which the system exceeds 0.060 mg/L for TTHMs or 0.045 mg/L for HAA5.

           (-b-)   For systems serving fewer than 10,000 persons that have an annual TTHM average that is no greater than 0.040 mg/L and an annual HAA5 average that is no greater than 0.030 mg/L for 2 consecutive years or an annual TTHM average that is no greater than 0.020 mg/L and an annual HAA5 average that is no greater than 0.015 mg/L for 1 year, the required monitoring is reduced to one sample per 3-year cycle per treatment plant. The sample shall be taken at a location that represents a maximum residence time during the month of warmest water temperature. The 3-year cycle shall begin on January 1 following the quarter in which the system qualifies for reduced monitoring. If the TTHM average exceeds 0.060 mg/L or the HAA5 average exceeds 0.045 mg/L, the system shall resume routine monitoring as prescribed in clause (A), except that systems that exceed either a TTHM or HAA5 MCL shall increase monitoring to at least one sample per quarter per treatment plant beginning in the quarter immediately following the quarter in which the system exceeds the TTHM or HAA5 MCL.

     (ii)   Chlorite. Community water systems and nontransient noncommunity water systems that use chlorine dioxide for disinfection or oxidation shall monitor for chlorite.

       (A)   Routine monitoring.

         (I)   Daily monitoring. Systems shall take daily samples at the entrance to the distribution system. Systems that must conduct additional monitoring in accordance with clause (B) shall continue to take routine daily samples at the entrance to the distribution system.

         (II)   Monthly monitoring.

           (-a-)   Systems shall take a three-sample set each month in the distribution system. The system shall take one sample at each of the following locations:

            (-1-)   As close to the first customer as possible.

            (-2-)   At a location representing an average residence time.

            (-3-)   At a location representing a maximum residence time.

           (-b-)   Systems that must conduct additional monitoring in accordance with subclause (III) may use the results of the additional monitoring to meet the monthly monitoring requirements of this subclause.

         (III)   Additional monitoring. If a daily sample at the entrance to the distribution system exceeds the chlorite MCL, the system shall take three samples in the distribution system on the following day. The system shall take one sample at each of the following locations:

           (-a-)   As close to the first customer as possible.

           (-b-)   At a location representing an average residence time.

           (-c-)   At a location representing a maximum residence time.

       (B)   Reduced monitoring. Chlorite monitoring in the distribution system required by clause (A)(II) is reduced to one three-sample set per quarter after 1 year of monitoring where no individual chlorite sample taken in the distribution system under clause (A)(II) has exceeded the chlorite MCL and the system has not been required to conduct additional monitoring under clause (A)(III). If any of the three individual chlorite samples taken quarterly in the distribution system exceeds the chlorite MCL or the system is required to conduct additional monitoring under clause (A)(III), the system shall revert to routine monitoring as prescribed by clause (A).

     (iii)   Bromate. Community water systems and nontransient noncommunity water systems that use ozone for disinfection or oxidation shall monitor for bromate.

       (A)   Routine monitoring. Systems shall take one sample per month for each treatment plant that uses ozone. Systems shall take the monthly sample at the entrance to the distribution system while the ozonation system is operating under normal conditions.

       (B)   Reduced monitoring. For systems that have an average source water bromide concentration that is less than 0.05 mg/L based upon representative monthly bromide measurements for 1 year, the required monitoring is reduced from monthly to quarterly. Systems on reduced monitoring shall continue to take monthly samples for source water bromide. If the running annual average source water bromide concentration, computed quarterly, equals or exceeds 0.05 mg/L based upon representative monthly measurements, the system shall revert to routine monitoring as prescribed by clause (A).

     (iv)   Disinfection byproduct precursors. Community water systems and nontransient noncommunity water systems that use either surface water or GUDI sources and that use conventional filtration shall monitor for disinfection byproduct precursors.

       (A)   Routine monitoring. Systems shall take monthly samples of the source water alkalinity, the source water TOC and postsedimentation TOC for each treatment plant that uses conventional filtration. Postsedimentation TOC can be taken at any point between sedimentation effluent and the entry point to the distribution system. The three samples shall be taken concurrently and at a time that is representative of both normal operating conditions and influent water quality.

       (B)   Reduced monitoring. For systems with an average postsedimentation TOC of less than 2.0 mg/L for 2-consecutive years, or less than 1.0 mg/L for 1 year, the required monitoring for source water alkalinity, source TOC and postsedimentation TOC is reduced from monthly to quarterly for each applicable treatment plant. The system shall revert to routine monitoring as prescribed by clause (A) in the month following the quarter when the annual average postsedimentation TOC is not less than 2.0 mg/L.

       (C)   Early monitoring. Systems may begin monitoring to determine whether the TOC removal requirements of 40 CFR 141.135(b)(1) (relating to enhanced coagulation and enhanced softening performance requirements) can be met 12 months prior to the compliance date for the system. This monitoring is not required and failure to monitor during this period is not a violation. However, any system that does not monitor during this period, and then determines in the first 12 months after the compliance date that it is not able to meet the requirements of 40 CFR 141.135(b)(1) and shall therefore apply for alternate minimum TOC removal requirements under 40 CFR 141.135(b)(4) is not eligible for retroactive approval of the alternate minimum TOC removal requirements and is in violation. Systems may apply for alternate minimum TOC removal requirements any time after the compliance date.

   (13)  Monitoring requirements for disinfectant residuals. Community water systems and nontransient noncommunity water systems that use either chlorine, chloramines or chlorine dioxide shall monitor for disinfectant residuals in accordance with this paragraph. Community water systems and nontransient noncommunity water systems that obtain finished water from another public water system that uses either chlorine or chlorine dioxide to treat the finished water shall monitor for chlorine residual in accordance with this paragraph. Community water systems and nontransient noncommunity water systems that obtain finished water from another public water system that uses chloramines to treat the finished water shall monitor for chloramine residual in accordance with this paragraph. Transient noncommunity water systems that use chlorine dioxide as either a disinfectant or oxidant shall monitor for chlorine dioxide residual in accordance with this paragraph. Systems that use either surface water or GUDI sources and that serve at least 10,000 persons shall begin monitoring by January 1, 2002. Systems that use either surface water or GUDI sources and that serve fewer than 10,000 persons, or systems that use groundwater sources, shall begin monitoring by January 1, 2004. Systems monitoring for disinfectant residuals shall take all samples during normal operating conditions. Compliance with the MRDLs and monitoring requirements for chlorine, chloramines and chlorine dioxide (where applicable) shall be determined in accordance with 40 CFR 141.132 and 141.133 (relating to monitoring requirements; and compliance requirements) which are incorporated herein by reference.

     (i)   Chlorine and chloramines. Systems shall measure the residual disinfectant level at the same points in the distribution system and at the same time that total coliforms are sampled, as specified in paragraph (3). Systems that used either surface water or GUDI sources may use the results of residual disinfectant concentration sampling conducted under paragraph (1) or (2) in lieu of taking separate samples.

     (ii)   Chlorine dioxide.

       (A)   Routine monitoring. Systems shall take one sample per day at the entrance to the distribution system. For any daily sample that exceeds the MRDL, the system shall conduct additional monitoring as specified in clause (B) in addition to the sample required at the entrance to the distribution system.

       (B)   Additional monitoring. If a daily sample at the entrance to the distribution system exceeds the chlorine dioxide MRDL, the system shall take three samples in the distribution system on the following day. If chlorine dioxide or chloramines are used to maintain a disinfectant residual in the distribution system, or if chlorine is used to maintain a disinfectant residual in the distribution system and there are no disinfectant addition points after the entrance to the distribution system, the system shall take three samples as close to the first customer as possible, at intervals of at least 6 hours. If chlorine is used to maintain a disinfectant residual in the distribution system and there are one or more disinfection addition points after the entrance to the distribution system, the system shall take one sample at each of the following locations:

         (I)   As close to the first customer as possible.

         (II)   At a location representing an average residence time.

         (III)   At a location representing a maximum residence time.

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

     (i)   Monitoring requirements for gross alpha particle activity, radium-226, radium-228 and uranium.

       (A)   Initial monitoring schedule. The initial monitoring shall consist of four consecutive quarterly samples for each radionuclide at each entry point in accordance with the following monitoring schedule except for systems that are granted reduced initial monitoring in accordance with subclause (V).

         (I)   Systems serving more than 3,301 persons shall begin monitoring during the quarter beginning January 1, 2005.

         (II)   Systems serving 500 to 3,300 persons shall begin monitoring during the quarter beginning January 1, 2006.

         (III)   Systems serving fewer than 500 persons shall begin monitoring during the quarter beginning January 1, 2007.

         (IV)   Systems that add new entry points associated with new sources shall begin initial quarterly monitoring during the first quarter the entry point begins serving the public. Quarterly monitoring shall continue until reduced monitoring is granted in accordance with clause (B) or subclause (V).

         (V)   If the first 2 quarterly samples for a radionuclide at an entry point have results below the detection limit, as defined in 40 CFR 141.25(c)(1), the final two quarterly samples for that radionuclide at that entry point are waived.

         (VI)   For entry points at which the monitoring result for a radionuclide at an entry point is above the MCL, the system shall collect and analyze quarterly samples for that radionuclide at that entry point until the system has results from 4 consecutive quarters for that radionuclide at that entry point that are at or below the MCL.

       (B)   Repeat monitoring. Beginning with the January 1, 2008, compliance period, systems shall take one sample for each radionuclide at each entry point in each 3-year compliance period, unless the system qualifies for reduced monitoring as follows:

         (I)   For entry points where the average of the initial monitoring results for a radionuclide is at or above the detection limit as defined in 40 CFR 141.25(c)(1), but at or below one-half of the MCL for that radionuclide, the repeat monitoring is reduced to one sample for that radionuclide at that entry point every 6 years.

         (II)   For entry points where the average of the initial monitoring results for a radionuclide is below the detection limit as defined in 40 CFR 141.25(c)(1), the repeat monitoring is reduced to one sample for that radionuclide at that entry point every 9 years.

         (III)   If a system has a monitoring result that exceeds the MCL for a radionuclide, the system shall collect and analyze quarterly samples for that radionuclide at that entry point beginning the next calendar quarter following the exceedance until the system has results from 4 consecutive quarters for that radionuclide at that entry point that are below the MCL.

         (IV)   Systems shall use the results of the samples collected during the repeat monitoring period to determine the monitoring frequency for subsequent monitoring periods.

         (V)   Reduced monitoring does not apply to those systems where treatment has been installed for radionuclide removal to comply with an MCL listed under 40 CFR 141.66. Compliance monitoring for radionuclides where treatment has been installed to comply with an MCL shall be conducted at least annually, and performance monitoring for the specific radionuclides for which treatment is provided shall be conducted quarterly.

       (C)   Gross alpha substitution. A gross alpha particle activity measurement may be substituted for the required radium-226 measurement provided that the measured gross alpha particle activity does not exceed 5 pCi/L. A gross alpha particle activity measurement may be substituted for the required uranium measurement provided that the measured gross alpha particle activity does not exceed 15 pCi/L. The gross alpha measurement shall have a confidence interval of 95% (1.65, where is the standard deviation of the net counting rate of the sample) for radium-226 and uranium. If the gross alpha particle activity result is less than the detection limit as defined in 40 CFR 141.25(c)(1), one-half of the detection limit will be used to determine compliance and the future monitoring frequency.

       (D)   Grandfathering. The Department will allow appropriate historical data collected at an entry point to satisfy the initial monitoring requirements required under clause (A) for that entry point in the following situations:

         (I)   A system having only one entry point may use the monitoring data from the compliance monitoring period between June 2000 and December 8, 2003.

         (II)   A system with multiple entry points and having appropriate historical data for each entry point may use the monitoring data from the compliance monitoring period between June 2000 and December 8, 2003.

         (III)   A system with multiple entry points and having appropriate historical data for a representative point in the distribution system may use the monitoring data from the compliance monitoring period between June 2000 and December 8, 2003, provided that the Department finds that the appropriate historical data satisfactorily demonstrate that each entry point is expected to be in compliance based upon the appropriate historical data and reasonable assumptions about the variability of radionuclide levels between entry points. The system shall supply sufficient information to allow the Department to make a written finding indicating how the data conform to these requirements.

     (ii)   Monitoring requirements for beta-particle and photon radioactivity.

       (A)   Systems designated by the Department as vulnerable to beta-particle or photon radioactivity, or both, shall sample for beta particle and photon radioactivity. Systems shall collect quarterly samples for beta emitters and annual samples for tritium and strontium-90 at each entry point, beginning within 1 quarter after being notified by the Department.

         (I)   If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity at an entry point has a running annual average (computed quarterly) less than or equal to 50 pCi/L (screening level), the frequency of monitoring at that entry point shall be repeated every 3 years. Systems shall collect all samples required in clause (A) during the reduced monitoring period.

         (II)   For systems in the vicinity of a nuclear facility, the system may utilize environmental surveillance data collected by the nuclear facility in lieu of monitoring at the system’s entry points, when the Department determines that the data is applicable to the system. If there is a release from a nuclear facility, systems that are using surveillance data shall begin monitoring at the community water system’s entry points in accordance with clause (A).

       (B)   Systems designated by the Department as utilizing waters contaminated by effluents from nuclear facilities shall sample for beta particle and photon radioactivity. Systems shall monitor quarterly for beta emitters and iodine-131, and annually for tritium and strontium-90 at each entry point, beginning within 1 quarter after being notified by the Department. Monitoring shall be conducted as follows:

         (I)   Monitoring for gross beta particle activity shall be based on the average of an analysis of 3 monthly samples.

         (II)   For iodine-131, a composite of five consecutive daily samples shall be analyzed once each quarter. More frequent monitoring, as determined by the Department, shall be conducted when iodine-131 is identified in the finished water.

         (III)   Monitoring for strontium-90 and tritium shall be conducted by means of the analysis of 4 quarterly samples.

         (IV)   If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity at an entry point has a running annual average (computed quarterly) less than or equal to 15 pCi/L (screening level), the frequency of monitoring at that entry point shall be reduced to four consecutive quarterly samples taken once every 3 years. Systems shall collect all samples required in clause (B) during the reduced monitoring period.

         (V)   For systems in the vicinity of a nuclear facility, the system may utilize environmental surveillance data collected by the nuclear facility in lieu of monitoring at the system’s entry points, when the Department determines that the data is applicable to the system. If there is a release from a nuclear facility, systems that are using surveillance data shall begin monitoring at the system’s entry points in accordance with clause (B).

       (C)   Systems designated by the Department to monitor for beta particle and photon radioactivity may not apply to the State for a waiver from the monitoring frequencies specified in clause (A) or (B).

       (D)   Systems may analyze for naturally occurring potassium-40 beta particle activity from the same or equivalent sample used for the gross beta particle activity analysis. The potassium-40 beta particle activity shall be calculated by multiplying elemental potassium concentrations (in mg/L) by a factor of 0.82.

       (E)   If the gross beta particle activity minus the naturally occurring potassium-40 beta particle activity exceeds the screening level, an analysis of the sample shall be performed to identify the major radioactive constituents present in the sample. The results of the individual constituent analysis shall be reported in pCi/L, and the appropriate doses must be calculated and summed to determine compliance with the MCL, using the formula in 40 CFR 141.66(d)(2). Doses shall also be calculated and combined for measured levels of tritium and strontium to determine compliance.

       (F)   Systems shall monitor monthly at the entry points that exceed the MCL beginning the month after the exceedance occurs. Systems shall continue monthly monitoring until the system has established, by a rolling average of three monthly samples, that the MCL is being met. Systems that establish that the MCL is being met shall return to quarterly monitoring until they meet the requirements set forth in subclause (A)(I) or (B)(IV).

     (iii)   General monitoring and compliance requirements.

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

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

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

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

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

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

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

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

   The provisions of this §  109.301 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 June 16, 1989, effective June 17, 1989, 19 Pa.B. 2543; corrected July 28, 1989, effective June 17, 1989, 19 Pa.B. 3164; 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; corrected March 10, 1995, effective March 11, 1995, 25 Pa.B. 833; 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; corrected December 5, 2003, effective August 10, 2002, 33 Pa.B. 5916; amended April 2, 2004, effective April 3, 2004, 34 Pa.B. 1762; amended June 18, 2004, effective June 19, 2004, 34 Pa.B. 3130; amended August 13, 2004, effective August 14, 2004, 34 Pa.B. 4435. Immediately preceding text appears at serial pages (304263), (304265) to (304267), (301755) to (301756), (290489) to (290500), (303177) to (303178), (290503) to (290508), (303179) to (303182) and (304269) to (304270).

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

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

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

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

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

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

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

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

   (3)  Weekly measurements for total coliform.

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

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

   The provisions of this §  109.302 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 July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894. Immediately preceding text appears at serial pages (281872) to (281873).

 (a)  The samples taken to determine a public water system’s compliance with MCLs or MRDLs or to determine compliance with monitoring requirements shall be taken at the locations identified in § §  109.301 and 109.302 (relating to general monitoring requirements; and special monitoring requirements), or as follows:

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

   (2)  Samples for determining compliance with the total coliform MCL shall be taken at regular intervals throughout the monitoring period at sites which are representative of water throughout the distribution system according to an approved written sample siting plan as specified under §  109.701(a)(5) (relating to reporting and recordkeeping).

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

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

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

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

 (c)  Public water suppliers shall assure that samples for laboratory analysis are properly collected and preserved, are collected in proper containers, do not exceed maximum holding times between collection and analysis and are handled in accordance with guidelines governing quality control which may be established by the Department. A public water supplier who utilizes a certified laboratory for sample collection as well as analysis satisfies the requirements of this subsection.

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

 (e)  Compliance monitoring samples for the contaminants listed under 40 CFR 141.40(n), 141.61(a) and (c), 141.62 and 141.88 may be composited in accordance with 40 CFR 141.23(a)(4), 141.24(f)(14), (g)(7) and (h)(10) and 141.88(a)(1)(iv) (relating to inorganic chemical sampling and analytical requirements; organic chemicals other than total trihalomethanes, sampling and analytical requirements; and monitoring requirements for lead and copper in source water) except:

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

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

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

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

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

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

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

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

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

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

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

   The provisions of this §  109.303 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 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 July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; amended April 2, 2004, effective April 3, 2004, 34 Pa.B. 1762; amended August 13, 2004, effective August 14, 2004, 34 Pa.B. 4435. Immediately preceding text appears at serial pages (290511) to (290512) and (303187).

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

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

 (c)  For the purpose of determining compliance with the monitoring and analytical requirements established under this subchapter and Subchapter K (relating to lead and copper), the Department will consider only samples analyzed by a laboratory certified by the Department, except that measurements for turbidity, fluoridation operation, residual disinfectant concentration, temperature, pH, alkalinity, orthophosphates, silica, calcium, conductivity, daily chlorite, and magnesium hardness may be performed by a person meeting the requirements of §  109.704 (relating to operator certification).

   The provisions of this §  109.304 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 August 13, 2004, effective August 14, 2004, 34 Pa.B. 4435. Immediately preceding text appears at serial page (303188).

 (a)  Data management fees. Community water systems shall submit the following data management fees to the Department by December 31, 1995:

 (b)  Waivers. A request for a waiver from the monitoring requirements in § §  109.301 and 109.302 (relating to general monitoring requirements; and special monitoring requirements) shall be accompanied by the appropriate fee as follow:

 Fees will be based on system size, taking into consideration the following conditions:

   (1)  For systems with one or more sources all in the same contribution area—for groundwater systems, the contribution area is the surface area overlying the portion of the aquifer through which water is diverted to a well or flows to a spring or infiltration gallery—the fee will be as indicated in this subsection.

   (2)  For systems with a single wellfield—one contribution area—the fee will be as indicated in this subsection.

   (3)  For systems with sources in two or more contribution areas, the fee will be as indicated in this subsection plus 1/2 of the system size fee as indicated in this subsection for each additional contribution area in which a source is located.

   The provisions of this §  109.305 adopted October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175.

Subchapter D. PUBLIC NOTIFICATION

Sec.

 (a)  Violation categories and other situations requiring a public notice. A public water supplier shall give public notice for the following circumstances:

   (1)  Failure to comply with an applicable State primary MCL or MRDL in Subchapter B (relating to MCLs, MRDLs or treatment technique requirements).

   (2)  Failure to comply with a prescribed treatment technique requirement in Subchapter B, G or K (relating to MCLs, MRDLs or treatment technique requirements; system management responsibilities; and lead and copper).

   (3)  Failure to perform water quality monitoring, as required by Subchapter C (relating to monitoring requirements) or Subchapter K.

   (4)  Operation under a variance or an exemption under Subchapter I (relating to variances and exemptions issued by the Department).

   (5)  Failure to comply with the requirements of any schedule that has been set under a variance or exemption.

   (6)  Occurrence of a waterborne disease outbreak or other waterborne emergency.

   (7)  Availability of unregulated contaminant monitoring data.

   (8)  Exceedance of the nitrate MCL by noncommunity water systems, when permitted by the Department in writing to exceed the MCL in accordance with 40 CFR 141.11(d) (relating to MCLs for inorganic contaminants).

 (b)  Definition of public notice tiers. Public notice requirements are divided into three tiers, to take into account the seriousness of the violation or situation and any potential adverse health effects that may be involved. The public notice requirements for each violation or situation identified in subsection (a) is determined by the tier to which it is assigned. This subchapter incorporates by reference the tier assignment for each specific violation or situation in the National Primary Drinking Water Regulations, 40 CFR Part 141, Subpart Q, Appendix A (relating to the tier assignment for each specific NPDWR violation and other situations requiring public notice), unless other tier assignments are established by regulations or order of the Department.

   (1)  Tier 1 public notice. Required for violations and situations specified in subsection (a) with significant potential to have serious adverse effects on human health as a result of short-term exposure. General violation categories and other situations requiring a Tier 1 public notice are specified in §  109.408(a) (relating to Tier 1 public notice—form, manner and frequency of notice).

   (2)  Tier 2 public notice. Required for all other violations and situations in subsection (a) with potential to have serious adverse effects on human health. General violation categories and other situations requiring a Tier 2 public notice are specified in §  109.409(a) (relating to Tier 2 public notice—form, manner and frequency of notice).

   (3)  Tier 3 public notice. Required for all other violations and situations in subsection (a) not included in Tier 1 and Tier 2. General violation categories and other situations requiring a Tier 3 public notice are specified in §  109.410(a) (relating to Tier 3 public notice—form, manner and frequency of notice).

 (c)  Public notice recipients.

   (1)  A public water supplier shall provide public notice to persons served by the public water system, in accordance with this subchapter. A public water system that sells or otherwise provides drinking water to another public water system, such as to a consecutive water, bulk water hauling or vended water system, shall give public notice to the owner or operator of the other water system. The other water system is responsible for ensuring that public notice is provided to the persons it serves.

   (2)  If a public water system has a violation in a portion of the distribution system that is physically or hydraulically isolated from other parts of the distribution system, the Department may allow the water supplier to limit distribution of the public notice to only persons served by that portion of the system which is out of compliance. Permission for limiting distribution of the notice shall be granted in writing by the Department.

   (3)  If a public water system has a violation involving a point-of-entry (POE) device, the Department may allow the water supplier to limit distribution of the public notice to only persons served by that POE device. Permission for limiting distribution of the notice shall be granted in writing by the Department.

   (4)  If a community water system has a Tier 1 violation, the water supplier shall also notify key public officials as designated in the community water system’s emergency response plan under §  109.707(a) (relating to emergency response plan).

   (5)  If a noncommunity water system in which persons 17 years of age or under are cared for or educated, such as a school or day care center, has a Tier 1 violation, the water supplier shall also provide public notice directly to the parent or guardian of those persons.

   (6)  A water supplier shall provide a copy of the notice to the Department in accordance with the requirements under §  109.701(a)(4) (relating to reporting and recordkeeping).

   The provisions of this §  109.407 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended June 18, 2004, effective June 19, 2004, 34 Pa.B. 3130. Immediately preceeding text appears at serial pages (290516) to (290518).

 (a)  General violation categories and other situations requiring a Tier 1 public notice. A public water supplier shall provide Tier 1 public notice for the following circumstances:

   (1)  Violation of the MCL for total coliforms when fecal coliforms or E. coli are present in the water distribution system, as specified in §  109.202(a)(2) (relating to MCLs, MRDLs or treatment technique requirements), or when the water supplier fails to test for fecal coliforms or E. coli when any check sample tests positive for coliforms, as specified in §  109.301(3) (relating to general monitoring requirements).

   (2)  Violation of the MCL for nitrate, nitrite or total nitrate and nitrite, as defined in §  109.202(a)(2), or when the water supplier fails to take a confirmation sample within 24 hours of the system’s receipt of the first sample showing an exceedance of the nitrate or nitrite MCL, as specified in §  109.301(7)(ii)(C)(V).

   (3)  Exceedance of the nitrate MCL by noncommunity water systems, where permitted by the Department in writing to exceed the MCL in accordance with 40 CFR 141.11(d) (relating to maximum contaminant levels for inorganic chemicals).

   (4)  Violation of the MRDL for chlorine dioxide, as defined in §  109.202(f)(2), when one or more samples taken in the distribution system the day following an exceedance of the MRDL at the entrance of the distribution system exceed the MRDL, or when the water supplier does not take the required samples in the distribution system, as specified in §  109.301.

   (5)  Violation of the turbidity MCL of 5 NTU based on an average for 2 consecutive days by a public water system using an unfiltered surface water source, as specified in §  109.202(a)(2).

   (6)  Violation of a treatment technique requirement for pathogenic bacteria, viruses and protozoan cysts as defined in §  109.202(c), resulting from a single exceedance of the maximum allowable turbidity limit.

   (7)  Occurrence of a waterborne disease outbreak, as defined in §  109.1 (relating to definitions), or other waterborne emergency that adversely affects the quality or quantity of the finished water including, but not limited to, the following:

     (i)   Failure or significant interruption in key water treatment processes.

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

     (iii)   A chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination.

   (8)  Other violations or situations with significant potential to have serious adverse effects on human health as a result of short-term exposure, as determined by the Department on a case-by-case basis.

 (b)  Timing for a Tier 1 public notice. A public water supplier shall do the following:

   (1)  Provide a public notice as soon as possible, but no later than 24 hours after the water supplier learns of the violation or situation under subsection (a).

   (2)  Report the circumstances to the Department within 1 hour of discovery of the violation or situation in accordance with §  109.701(a)(3) (relating to reporting and recordkeeping).

   (3)  Initiate consultation with the Department as soon as possible, but no later than 24 hours after the water supplier learns of the violation or situation, to determine initial and any additional public notice requirements.

   (4)  Comply with initial and any additional public notification requirements that are established as a result of the consultation with the Department. These requirements may include the timing, form, manner, duration, frequency, and content of the initial and any repeat notices, and other actions reasonably designed to reach all persons served. The repeat notice frequency, if applicable, for a Tier 1 public notice shall be established as a result of the consultation, but may be no less often than once every 30 days as long as the violation or situation persists.

 (c)  Form and manner of a Tier 1 public notice. The form and manner used by a public water supplier shall fit the specific situation and shall be reasonably designed to reach residential, transient and nontransient users of the water system. To reach all persons served, a water supplier shall use, at a minimum, one or more of the following forms of delivery:

   (1)  Appropriate broadcast media, such as radio or television.

   (2)  Posting of the notice in conspicuous locations throughout the area served by the water system.

   (3)  Hand delivery of the notice to persons served by the water system.

   (4)  Another delivery method approved in writing by the Department.

   The provisions of this §  109.408 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894.

 (a)  General violation categories and other situations requiring a Tier 2 public notice. A public water supplier shall provide Tier 2 public notice for the following circumstances:

   (1)  All violations of the primary MCL, MRDL and treatment technique requirements in Subchapter B, G or K (relating to MCLs, MRDLs or treatment technique requirements; system management responsibilities; and lead and copper), except where a Tier 1 notice is required under §  109.408 (relating to Tier 1 public notice—form, manner and frequency of notice) or when the Department determines that a Tier 1 notice is required. The tier assignment for fluoride is not incorporated by reference. Under §  109.202(d) (relating to MCLs, MRDLs or treatment technique requirements), a public water system shall comply with the primary MCL for fluoride of 2 mg/L. As such, a public water supplier shall provide Tier 2 public notice for violation of the primary MCL for fluoride.

   (2)  Violations of the monitoring requirements in Subchapter C (relating to monitoring requirements) or Subchapter K, when the Department determines that a Tier 2 rather than a Tier 3 public notice is required, taking into account potential health impacts and persistence of the violation.

   (3)  Failure to comply with the terms and conditions of any variance or exemption in place under Subchapter I (relating to variances and exemptions issued by the Department).

 (b)  Timing for a Tier 2 public notice. A public water supplier shall do the following:

   (1)  Report the circumstances to the Department within 1 hour of discovery of a violation under subsection (a)(1), in accordance with §  109.701(a)(3) (relating to reporting and recordkeeping).

   (2)  Provide the public notice as soon as possible, but no later than 30 days after the system learns of the violation. If the public notice is posted, the notice shall remain in place for as long as the violation or situation persists, but in no case for less than 7 days, even if the violation or situation is resolved. The Department may, in appropriate circumstances, allow additional time for the initial notice of up to 3 months from the date the system learns of the violation. The Department will not grant an extension across the board or for an unresolved violation. Extensions granted by the Department will be in writing.

   (3)  Repeat the notice every 3 months as long as the violation or situation persists, unless the Department determines that appropriate circumstances warrant a different repeat notice frequency. In no circumstances may the repeat notice be given less frequently than once per year. The Department will not allow less frequent repeat notices across the board; or for an MCL violation for total coliforms established under §  109.202(a)(2); or for a violation of a treatment technique requirement for pathogenic bacteria, viruses and protozoan cysts as defined in §  109.202(c); or for other ongoing violations. Determinations granted by the Department for less frequent repeat notices will be in writing.

 (c)  Form and manner of a Tier 2 public notice. A public water supplier shall provide the initial public notice and any repeat notices in a form and manner that is reasonably designed to reach all persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of water system, but the public water supplier shall at a minimum meet the following requirements:

   (1)  Unless directed otherwise by the Department in writing, community water systems shall provide notice using the following forms of delivery:

     (i)   Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the public water system.

     (ii)   Any other method reasonably designed to reach other persons regularly served by the system, if they would not normally be reached by the notice required in subparagraph (i). Those persons may include those who do not pay water bills or do not have service connection addresses such as house renters, apartment dwellers, university students, nursing home patients or prison inmates. Other methods may include publication in a local newspaper, delivery of multiple copies for distribution by customers that provide their drinking water to others (such as apartment building owners or large private employers), posting in public places served by the system or on the Internet or delivery to community organizations.

   (2)  Unless directed otherwise by the Department in writing, noncommunity water systems shall provide notice using the following forms of delivery:

     (i)   Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the system, or by mail or direct delivery to each customer and service connection, when known.

     (ii)   Any other method reasonably designed to reach other persons served by the system if they would not normally be reached by the notice required in subparagraph (i). Those persons may include those served who may not see a posted notice because the posted notice is not in a location they routinely pass by. Other methods may include publication in a local newspaper or newsletter distributed to customers, use of e-mail to notify employees or students or delivery of multiple copies in central locations such as community centers.

   The provisions of this §  109.409 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended June 18, 2004, effective June 19, 2004, 34 Pa.B. 3130. Immediately preceeding text appears at serial pages (290520) to (290522).

 (a)  General violation categories and other situations requiring a Tier 3 public notice. A public water supplier shall provide Tier 3 public notice for the following circumstances:

   (1)  Monitoring violations under Subchapter C or K (relating to monitoring requirements; and lead and copper), except when a Tier 1 notice is required under §  109.408 (relating to Tier 1 public notice—form, manner and frequency of notice) or where the Department determines that a Tier 2 notice is required.

   (2)  Operation under a variance or an exemption granted under Subchapter I (relating to variances and exemptions issued by the Department).

   (3)  Availability of unregulated contaminant monitoring results, as required under 40 CFR 141.40 (relating to monitoring requirements for unregulated contaminants).

 (b)  Timing for a Tier 3 public notice.

   (1)  A public water supplier shall provide the public notice no later than 1 year after the public water system learns of the violation or situation or begins operating under a variance or exemption. Following the initial notice, the water supplier shall repeat the notice annually for as long as the violation, variance, exemption or other situation persists. If the public notice is posted, the notice shall remain in place for as long as the violation, variance, exemption or other situation persists, but in no case may the initial and annual repeat notice be posted for less than 7 days (even if the violation or situation is resolved).

   (2)  Instead of individual Tier 3 public notices, a public water supplier may use an annual report detailing all violations and situations that occurred during the previous 12 months, as long as the timing requirements of paragraph (1) are met.

 (c)  Form and manner of a Tier 3 public notice. A public water supplier shall provide the initial notice and any repeat notices in a form and manner that is reasonably designed to reach all persons served in the required time period. The form and manner of the public notice may vary based on the specific situation and type of water system, but the public water supplier shall, at a minimum, meet the following requirements:

   (1)  Unless directed otherwise by the Department in writing, community water systems shall provide notice using the following forms of delivery:

     (i)   Mail or other direct delivery to each customer receiving a bill and to other service connections to which water is delivered by the public water system.

     (ii)   Any other method reasonably designed to reach other persons regularly served by the system, if they would not normally be reached by the notice required in subparagraph (i). Those persons may include those who do not pay water bills or do not have service connection addresses such as house renters, apartment dwellers, university students, nursing home patients or prison inmates. Other methods may include publication in a local newspaper, delivery of multiple copies for distribution by customers that provide their drinking water to others (such as apartment building owners or large private employers), posting in public places or on the Internet or delivery to community organizations.

   (2)  Unless directed otherwise by the Department in writing, noncommunity water systems shall provide notice using the following forms of delivery:

     (i)   Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the system, or by mail or direct delivery to each customer and service connection, if known.

     (ii)   Any other method reasonably designed to reach other persons served by the system, if they would not normally be reached by the notice required in subparagraph (i). Those persons may include those who may not see a posted notice because the notice is not in a location they routinely pass by. Other methods may include publication in a local newspaper or newsletter distributed to customers, use of e-mail to notify employees or students or delivery of multiple copies in central locations such as community centers.

 (d)  Use of a CCR to meet the Tier 3 public notice requirements. For community water systems, the CCR required under §  109.416 (relating to CCR requirements) may be used as a vehicle for the initial Tier 3 public notice and all required repeat notices, as long as the following conditions are met:

   (1)  The CCR is provided to persons served no later than 12 months after the system learns of the violation or situation as required under subsection (b).

   (2)  The Tier 3 notice contained in the CCR follows the content requirements under §  109.411 (relating to content of a public notice).

   (3)  The CCR is distributed following the delivery requirements under subsection (c).

   The provisions of this §  109.410 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894.

 (a)  Elements of a public notice. When a public water system is required to give public notice under this subchapter, each public notice shall include the following elements:

   (1)  A description of the violation or situation, including the contaminants of concern, and (as applicable) the contaminant levels.

   (2)  When the violation or situation occurred.

   (3)  Any potential adverse health effects from the violation or situation, including the standard language under subsection (d)(1) or (2), whichever is applicable.

   (4)  The population at risk, including subpopulations particularly vulnerable if exposed to the contaminant in their drinking water.

   (5)  Whether alternative water supplies should be used.

   (6)  What actions consumers should take, including when they should seek medical help, if known.

   (7)  What the system is doing to correct the violation or situation.

   (8)  When the water system expects to return to compliance or resolve the situation.

   (9)  The name, business address and telephone number of the water system owner, operator or designee of the public water system as a source of additional information concerning the notice.

   (10)  A statement to encourage the notice recipient to distribute the public notice to other persons served, using the standard language under subsection (d)(3), where applicable.

 (b)  Elements of a public notice for public water systems operating under a variance or exemption.

   (1)  If a public water system has been granted a variance or an exemption under Subchapter I (relating to variances and exemptions issued by the Department), the public notice shall contain the following elements:

     (i)   An explanation of the reason for the variance or exemption.

     (ii)   The date on which the variance or exemption was issued.

     (iii)   A brief status report on the steps the system is taking to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the variance or exemption.

     (iv)   A notice of any opportunity for public input in the review of the variance or exemption.

   (2)  If a public water system violates the conditions of a variance or exemption, the public notice shall contain the ten elements listed in subsection (a).

 (c)  Presentation of a public notice.

   (1)  Each public notice required by this section shall:

     (i)   Be displayed in a conspicuous way when printed or posted.

     (ii)   Not contain overly technical language or print that is smaller than a font size of 10 points.

     (iii)   Not be formatted in a way that defeats the purpose of the notice.

     (iv)   Not contain language that nullifies the purpose of the notice.

   (2)  Each public notice required by this section shall comply with multilingual requirements, as follows:

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

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

 (d)  Standard language for a public notice. Public water systems shall include the following standard language in their public notice:

   (1)  Standard health effects language for primary MCL or MRDL violations, treatment technique violations, and violations of the condition of a variance or exemption. Public water systems shall include in each public notice appropriate health effects language. This subchapter incorporates by reference the health effects language specified in 40 CFR Part 141, Subpart Q, Appendix B (relating to standard health effects language for public notification), corresponding to each primary MCL, MRDL and treatment technique violation listed in 40 CFR Part 141, Subpart Q, Appendix A (relating to NPDWR violations and other situations requiring public notice), and for each violation of a condition of a variance or exemption, unless other health effects language is established by regulations or order of the Department. The health effects language for fluoride is not incorporated by reference. Public water systems shall include the following health effects language in each Tier 2 public notice for violation of the primary MCL of 2 mg/L for fluoride:

  ‘‘This is an alert about your drinking water and a cosmetic dental problem that might affect children under nine years of age. At low levels, fluoride can help prevent cavities, but children drinking water containing more than 2 milligrams per liter (mg/L) of fluoride may develop cosmetic discoloration of their permanent teeth (dental fluorosis). Dental fluorosis, in its moderate or severe forms, may result in a brown staining and or pitting of the permanent teeth. This problem occurs only in developing teeth, before they erupt from the gums. Drinking water containing more than 4 mg/L of fluoride (the U.S. Environmental Protection Agency’s drinking water standard) can increase your risk of developing bone disease.’’

   (2)  Standard language for violations of monitoring requirements. Public water systems shall include the following language in their notice, including the language necessary to fill in the blanks, for all violations of monitoring requirements listed in 40 CFR Part 141, Subpart Q, Appendix A:

  ‘‘We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During [insert compliance period], we ’’did not monitor or test‘‘ or ’’did not complete all monitoring or testing‘‘ for [insert contaminant(s)] and therefore cannot be sure of the quality of your drinking water during that time.’’

   (3)  Standard language to encourage the distribution of the public notice to all persons served. Public water systems shall include in their notice the following language, if applicable:

  ‘‘Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail.’’

   The provisions of this §  109.411 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894.

 (a)  Timing for a special notice. A community water system or nontransient, noncommunity water system required to monitor for an unregulated contaminant under 40 CFR 141.40 (relating to monitoring requirements for unregulated contaminants) shall notify persons served by the system of the availability of the results of the sampling no later than 12 months after the monitoring results are known.

 (b)  Form and manner of a special notice. The form and manner of the public notice shall follow the requirements for a Tier 3 public notice prescribed in §  109.410 (relating to Tier 3 public notice—form, manner and frequency of notice). A public water system may use an annual report or CCR to notify persons served by the system of the availability of the results of the sampling as long as the requirements under §  109.410(d) are met. The notice shall also identify a person and provide the telephone number to contact for information on the monitoring results.

   The provisions of this §  109.412 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894.

 (a)  Timing for a special notice. A noncommunity water system granted permission by the Department in writing in accordance with 40 CFR 141.11(d) (relating to maximum contaminant levels for inorganic chemicals) to exceed the nitrate MCL shall provide notice to persons served according to the requirements for a Tier 1 notice under §  109.408(a) and (b) (relating to Tier 1 public notice—form, manner and frequency of notice).

 (b)  Form and manner of a special notice. Noncommunity water systems granted permission by the Department in writing to exceed the nitrate MCL in accordance with 40 CFR 141.11(d) shall provide continuous posting of the fact that nitrate levels exceed 10 mg/L and include the potential health effects of exposure, according to the requirements for a Tier 1 notice delivery under §  109.408(c) and the content requirements under §  109.411 (relating to content of a public notice).

   The provisions of this §  109.413 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894.

 (a)  Requirements for community water systems. Community water systems shall give a copy of the most recent public notice for any continuing violation, the existence of a variance or exemption, or other ongoing situations requiring a public notice to all new billing units or new customers prior to or at the time service begins.

 (b)  Requirements for noncommunity water systems. Noncommunity water systems shall continuously post the public notice in conspicuous locations to inform new consumers of any continuing violation, variance or exemption, or other situation requiring a public notice for as long as the violation, variance, exemption or other situation persists.

   The provisions of this §  109.414 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894.

 If a public water supplier fails to give notice to the public as required by this subchapter, the Department may perform this notification on behalf of the supplier of water and may assess costs of notification on the responsible water supplier.

   (1)  Public notice given by the Department on behalf of the public water system. If the Department gives the public notice required by this subchapter on behalf of the public water supplier, the Department will comply with this subchapter.

   (2)  Public water system responsibilities when public notice is given by the Department. If the Department gives public notice, the public water supplier remains responsible for ensuring that the requirements of this subchapter are met.

   The provisions of this §  109.415 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894.

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

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

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

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

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

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

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

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

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

   (4)  Report delivery and recordkeeping. Each community water system shall do the following:

     (i)   Mail or otherwise directly deliver to each customer and to the Department one copy of the annual CCR no later than the date the water system is required to distribute the CCR to its customers.

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

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

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

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

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

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

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

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

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

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

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

   The provisions of the §  109.416 adopted August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894.

   This section cited in 25 Pa. Code §  109.1 (relating to definitions); 25 Pa. Code §  109.410 (relating to tier 3 public notice—form, manner and frequency of notice); 25 Pa. Code §  109.1004 (relating to public notification); and 52 Pa. Code §  69.1601 (relating to general).

Subchapter E. PERMIT REQUIREMENTS

Sec.

 (a)  A person may not construct a public water system without first having obtained a construction permit from the Department under §  109.503 (relating to public water system construction permits) except as provided in § §  109.502 and 109.505 (relating to permitting of currently operating systems; compliance deadlines; and requirements for noncommunity water systems).

 (b)  A person may not substantially modify a permitted public water system without first obtaining an amended construction permit from the Department under §  109.503(b).

 (c)  A person may not operate a public water system without first having obtained an operation permit from the Department under §  109.504 (relating to public water system operation permits) except as provided in § §  109.502 and 109.505.

 (d)  A person may not operate a substantially modified facility without first obtaining an amended operation permit from the Department under §  109.504.

 (a)  A public water system operating under a valid permit issued under the act of April 22, 1905 (P. L. 260, No. 182) (35 P. S. § §  711—716) (Repealed), may continue to operate in accordance with the terms and conditions of the prior permit as long as the public water system is operated in compliance with this chapter and the act. A condition in a prior permit which is inconsistent with this chapter is void, except for conditions concerning construction of facilities which have been completed. Substantial modifications of facilities operated under a prior permit require an amended construction permit under §  109.503(b) (relating to public water system construction permits).

 (b)  A community water system which was in operation prior to December 8, 1984, which is not operated under a permit issued under the act of April 22, 1905 (P. L. 260, No. 182) may continue to operate on an interim basis if the water supplier files a brief description of the system on a form approved by the Department by June 8, 1985, and files a complete construction permit application under §  109.503 within 6 months of receipt of a notice from the Department to file an application, or in any event, by December 8, 1989. The Department will establish a schedule for notifying community water systems to apply for permits based upon factors such as compliance histories and results of monitoring or inspections.

 (c)  A bottled water system operating under a valid permit issued under the act of April 30, 1929 (P. L. 897, No. 396) (35 P. S. § §  1001—1006) (Repealed) prior to December 8, 1984, may continue to operate under the terms and conditions of the permit on an interim basis, if the water supplier submits a complete application for a permit under §  109.503 by December 8, 1985.

 (d)  A bulk water hauling system operating prior to December 8, 1984, may continue to operate on an interim basis if the water supplier submits a complete application for a permit under §  109.503 by December 8, 1985.

 (e)  A noncommunity water system operating under a permit or license issued under the act of May 23, 1945 (P. L. 926, No. 369) (35 P. S. § §  655.1—655.13) or the Seasonal Farm Labor Act (43 P. S. § §  1301.101—1301.606) may continue to operate on an interim basis if the water supplier submits complete information to the licensing authority describing the drinking water facilities on a form provided by the Department. The completed form shall be submitted by March 8, 1985.

 (f)  A noncommunity water system operating prior to December 8, 1984, may continue to operate on an interim basis if the public water supplier files a complete construction permit application or otherwise complies with §  109.505 (relating to requirements for noncommunity water systems) by December 8, 1985.

 (g)  A noncommunity water system operating prior to May 16, 1992, which has not complied with §  109.505 and is required to comply with §  109.505 because it is now considered to be providing water for human consumption, may continue to operate on an interim basis if the water supplier, by May 16, 1993, either complies with §  109.505, or signs with the Department a consent order and agreement, including a compliance schedule.

 (h)  Authorization for interim operation under this section is only valid until the Department makes a final decision to issue or deny an operation permit under this chapter.

 (i)  The authorization to operate on an interim basis does not relieve the water supplier of other duties or obligations under the act or this chapter.

   The provisions of this §  109.502 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial pages (136307) to (136308).

 (a)  Permit application requirements. An application for a public water system construction permit shall be submitted in writing on forms provided by the Department and shall be accompanied by plans, specifications, engineer’s report, water quality analyses and other data, information or documentation reasonably necessary to enable the Department to determine compliance with the act and this chapter. The Department will make available to the applicant the Public Water Supply Manual, available from the Bureau of Water Supply and Community Health, Post Office Box 8467, Harrisburg, Pennsylvania 17105 which contains acceptable design standards and technical guidance. Water quality analyses shall be conducted by a laboratory certified under this chapter.

   (1)  General requirements. An application shall include:

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

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

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

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

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

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

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

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

     (iii)   Information describing new sources. The Department may accept approval of an out-of-State source by the agency having jurisdiction over drinking water in that state if the supplier submits adequate proof of the approval and the agency’s standards are at least as stringent as this chapter. Information describing sources shall include:

       (A)   A comprehensive sanitary survey of the physical surroundings of each new source of raw water and its proximity to potential sources of contamination. For surface water, this information shall include a description of the watershed topography and land uses within the watershed. For systems using wells, springs or infiltration galleries, this information shall include a hydrogeological report prepared and signed by a professional geologist who has complied with the requirements of the Engineer, Land Surveyor and Geologist Registration Law (63 P. S. § §  148—158.2) describing the geology of the area including the source aquifers, overlying formations, hydrogeologic boundaries, aquifer porosity estimates, water table contour or potentiometric surface maps depicting prepumping conditions and other information deemed necessary to evaluate the hydraulic characteristics of the aquifer and demonstrate the suitability of the proposed source. At the discretion of the Department, these requirements may be altered for a proposed well, wellfield, spring or infiltration gallery that will be pumping less than or yielding less than 100,000 gallons per day.

       (B)   An evaluation of the quality of the raw water from each new source. This clause does not apply when the new source is finished water obtained from an existing permitted community water system unless the Department provides written notice that an evaluation is required. The evaluation shall include analysis of the following:

         (I)   For groundwater sources, VOCs for which MCLs have been established by the EPA under the National Primary Drinking Water Regulations in 40 CFR 141.61(a) (relating to maximum contaminant levels for organic contaminants). Vinyl chloride monitoring is required only if one or more of the two-carbon organic compounds specified under §  109.301(5)(i) (relating to general monitoring requirements) are detected. Samples for VOCs shall be collected in accordance with §  109.303(d) (relating to sampling requirements).

         (II)   Except for asbestos, IOCs for which MCLs have been established by the EPA under the National Primary Drinking Water Regulations in 40 CFR 141.62 (relating to maximum contaminant levels for inorganic contaminants). The new source shall be monitored for asbestos if the Department has reason to believe the source water is vulnerable to asbestos contamination.

         (III)   Lead.

         (IV)   Copper.

         (V)   Total coliform concentration and, if total coliform-positive, analyze for fecal coliform concentration.

         (VI)   SOCs.

           (-a-)   Alachlor, atrazine, chlordane, dibromochloro-propane (DBCP), ethylene dibromide (EDB), heptachlor, heptachlor epoxide, lindane, methoxychlor, toxaphene, endrin, hexachlorobenzene, hexachlorocyclopentadiene, polychlorinated byphenyls (PCBs) and simazine unless the Department determines in writing that monitoring for one or more of the substances specified in this item is not necessary.

           (-b-)   Other SOCs except for dioxin for which MCLs have been established by the EPA under the National Primary Drinking Water Regulations in 40 CFR 141.61(c) except for those SOCs for which the source is not considered vulnerable based on a vulnerability assessment conducted by the public water supplier and approved by the Department unless the Department determines in writing that monitoring for one or more of the SOCs is not necessary.

           (-c-)   Dioxin where there is a source of dioxin contamination within 1,000 feet of a groundwater source or within 1 mile upstream of a surface water source.

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

         (VIII)   For surface water sources, total trihalomethanes.

         (IX)   Aluminum, chloride, color, foaming agents, iron, manganese, pH, silver, sulfate, total dissolved solids and zinc for which MCLs have been established by the EPA under the National Secondary Drinking Water Regulations in 40 CFR 143.3 (relating to secondary MCLs).

         (X)   Alkalinity.

         (XI)   Hardness.

         (XII)   Temperature.

         (XIII)   Other contaminants that the Department determines necessary to evaluate the potability of the source.

       (C)   An evaluation of the quantity of the raw water from each new source. Flow data shall be submitted for springs, infiltration galleries or surface water sources. Aquifer test data, including drawdown and recovery data and the derivation of hydraulic conductivity, transmissivity and storage coefficient of the aquifer, shall be submitted for wells. At the discretion of the Department, these requirements may be altered for wells or wellfields pumping less than 100,000 gallons per day. The Department may require that other information be submitted to evaluate the safe yield of the source. The safe yield is the amount of water that can be withdrawn from an aquifer without causing an undesired result, such as adverse dewatering of an aquifer, induced potential health threats or impacts upon stream uses.

       (D)   A Department approved delineation of the Zone I wellhead protection area for community water system wells, springs or infiltration galleries.

     (iv)   Chapter 102 requirements. An erosion and sedimentation control plan which meets the requirements contained in Chapter 102 (relating to erosion and sediment control) when earth-moving activities are involved.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (A)   Balance sheet.

       (B)   Income statement.

       (C)   Statement of cash flow.

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

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

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

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

 (c)  Permit fees.

   (1)  An application for a permit or a major permit amendment under subsection (a)(1), except for an application for construction or modification of corrosion control treatment facilities under §  109.1105 (relating to permit requirements), shall be accompanied by a check in the amount of $750, payable to the ’’Commonwealth of Pennsylvania,’’ except a fee is not required for an application submitted by a State regulatory agency, or an application submitted for a public water system serving 100 or fewer individuals. The fees for permitting and related services under §  109.1105 for corrosion control treatment facilities are established under §  109.1108 (relating to fees).

   (2)  A fee is not required for an application for an emergency permit under §  109.506 (relating to emergency permits) or an amendment under subsection (b)(2).

 (d)  Department’s review.

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

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

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

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

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

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

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

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

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

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

 (e)  Issuance and conditions.

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

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

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

   The provisions of this §  109.503 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 December 23, 1994, effective December 24, 1994, 24 Pa.B. 6404; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended April 2, 2004, effective April 3, 2004, 34 Pa.B. 1762; amended August 13, 2004, effective August 14, 2004, 34 Pa.B. 4435. Immediately preceding text appears at serial pages (290533) to (290534), (303191) to (303192), (290537) to (290538) and (303193) to (303194).

   Challenge Untimely

   Private individual who only challenged issuance of operation permit that merely confirmed water authority’s use of hydrofluorosilicic acid to fluoridate city water as permitted in construction permit issued by Department of Environmental Protection, waived his right to challenge the use given that appeal period for challenge to construction permit had expired. Potratz v. Department of Environmental Protection, 897 A.2d 16 (Pa. Cmwlth 2006).

 (a)  To obtain a operation permit for a new system or an amended operation permit for system modifications, the public water supplier shall submit a certification of construction to the Department upon completion of the applicable construction or modification. The certification shall state that the work was completed in accordance with the approved plans and specifications and shall be signed by the professional engineer or other person responsible for the work.

 (b)  The Department will not issue an operation permit or an amended operation permit, unless the following conditions are satisfied:

   (1)  Construction of the new or modified facilities has been approved by the Department.

   (2)  The water supplier has demonstrated to the Department that adequate operation and maintenance information for the new or modified facilities is available onsite for use by the public water system’s personnel.

   (3)  The water supplier has demonstrated to the Department that personnel required under §  109.704 (relating to operator certification) have been retained.

 (c)  Issuance of an operation permit authorizes only the operation included in the permit. The permit’s continuing validity is conditioned upon satisfaction of all provisions of the permit.

   The provisions of this §  109.504 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial pages (139089) to (139090).

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

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

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

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

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

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

     (i)   The sources of supply for the system are groundwater sources requiring treatment no greater than disinfection to provide water of a quality that meets the primary MCLs established under Subchapter B (relating to MCLs, MRDLs or treatment technique requirements).

     (ii)   The water supplier files a brief description of the system, including raw source quality data, on forms acceptable to the Department. Amendments to the system description shall be filed when a substantial modification is made to the system. Descriptions of new systems or modifications may be filed prior to construction if the water supplier desires technical assistance, but shall be filed within 30 days of initiation of operation of the system or modification.

   (3)  A noncommunity water system which satisfies the requirements of paragraphs (1) and (2) shall provide the Department with the following information describing new sources, including an evaluation of the quality of the raw water from each new source. Water quality analyses shall be conducted by a laboratory certified under this chapter. This paragraph does not apply when the new source is finished water obtained from an existing permitted community water system or an existing permitted or approved noncommunity water system unless the Department provides written notice that one or more of the provisions of this paragraph apply.

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

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

       (B)   Total coliform concentration and, if total coliform-positive, analyze for fecal coliform concentration.

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

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

   The provisions of this §  109.505 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 July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895. Immediately preceding text appears at serial pages (234622) and (207245) to (207246).

 (a)  In emergency circumstances, the Department may issue permits for construction, operation or modifications to a public water system as the Department determines may be necessary to assure that potable drinking water is available to the public. Emergency permits shall be limited in duration and at the Department’s discretion be conditioned on additional monitoring, reporting and implementation of appropriate emergency response measures. The Department may revoke an emergency permit if it finds the public water system is not complying with drinking water standards or the terms or conditions of the permit. Authorization for construction, operation or modifications obtained under an emergency permit will not extend beyond the expiration of the permit.

 (b)  State and Federal agencies conducting emergency response bulk water hauling operations are not required to obtain a permit under this subchapter, if a Department approved source is utilized and adequate monitoring is conducted to assure compliance with the microbiological MCL specified in §  109.202 (relating to State MCLs, MRDLs and treatment technique requirements).

 (c)  Water suppliers having to comply with §  109.603(d) (relating to source quality and quantity) because of chronic water quantity problems shall apply for an amendment to their construction permit in accordance with §  109.503(b) (relating to public water system construction permits) to incorporate additional sources.

   The provisions of this §  109.506 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 August 13, 2004, effective August 14, 2004, 34 Pa.B. 4435. Immediately preceding text appears at serial page (290543).

 The Department may consider proposals for innovative water treatment processes, methods or equipment and may issue an innovative technology construction or operation permit if the applicant demonstrates to the Department’s satisfaction that the proposal will provide drinking water that complies with Subchapter B (relating to MCLs, MRDLs or treatment technique requirements). Applications for innovative technology construction permits shall satisfy the requirements of §  109.503 (relating to public water system construction permits). The Department may condition innovative technology operation permits on duration, additional monitoring, reporting or other requirements as it deems necessary to protect the public health. The Department may revoke an innovative technology construction or operation permit if it finds the public water system is not complying with drinking water standards or the terms or conditions of the permit or if there is a significant change in the source water quality which could affect the reliability and operability of the treatment facility. Authorization for construction, operation or modifications obtained under an innovative technology permit will not extend beyond the expiration date of the permit.

   The provisions of this §  109.507 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. Immediately preceding text appears at serial page (207247).

   The provisions of this §  109.510 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; reserved May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial page (136316).

Subchapter F. DESIGN AND CONSTRUCTION STANDARDS

Sec.

 Standards in this subchapter apply to design and construction of public water systems and system modifications, regardless of whether a Department permit or permit amendment is required. The standards apply to new facilities and facility modifications unless otherwise specifically indicated.

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

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

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

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

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

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

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

   The provisions of this §  109.602 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895. Immediately preceding text appears at serial pages (207248) and (228311).

 (a)  Prior to the development of a new source or modification of an existing source, the water supplier shall make reasonable efforts to obtain the highest quality sources available. The supplier shall take reasonable measures to protect the source from existing or foreseeable sources of contamination and causes of diminution.

 (b)  For all construction permit applications accepted by the Department after October 9, 1995, a water supplier who is developing a community water system well, spring or infiltration gallery that is installed for a new system or as an expansion of an existing system shall:

   (1)  Own or substantially control through a deed restriction or other methods acceptable to the Department, the Zone I wellhead protection area in order to prohibit activities within Zone I that may have a potential adverse impact on source quality or quantity.

   (2)  Discontinue the storage, use or disposal of a potential contaminant within the Zone I wellhead protection area unless the chemical or material is used in the production or treatment, or both, of drinking water.

   (3)  Eliminate the storage of liquid fossil fuel within the Zone I wellhead protection area except for providing auxiliary power to the public water system to ensure the uninterruption of essential services during power failures or as a primary heating source only when the use of natural gas or propane gas is not a viable option.

   (4)  Construct any new and replacement liquid fossil fuel tanks that are within the Zone I wellhead protection area aboveground within the pump house or an enclosed, locked structure using an impermeable secondary containment structure of greater capacity than the fuel storage tank.

 (c)  A water supplier developing a community water system well, spring or infiltration gallery that is installed to replace an existing source shall meet the conditions under subsection (b) to the extent feasible. The other requirements of this subchapter shall be met.

 (d)  A water supplier which, in a consecutive 2-year period, has experienced two or more outages or severe shortages caused by water quantity shortages at the system’s regularly permitted sources, other than those outages or shortages occurring during a drought emergency declared by the Governor under 35 Pa.C.S. §  7301 (relating to general authority of Governor), shall investigate and develop additional sources as may be required to avert these same problems in the future.

   The provisions of this §  109.603 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175. Immediately preceding text appears at serial page (170188).

 (a)  New facilities shall be located on sites which are not subject to floods, fires, earthquakes or other disasters which could cause a breakdown of the public water system or facilities. New facilities shall be protected against disasters.

 (b)  A new source shall be located to prevent or minimize impacts from existing potential sources of contamination and causes of diminution.

 The level of treatment required for raw water depends upon the characteristics of the raw water, the nature of the public water system and the likelihood of contamination. The following minimum treatment design standards apply to new facilities and major changes to existing facilities:

   (1)  For surface water and GUDI sources, the minimum treatment design standard for filtration technologies is a 99% removal of Giardia cysts, a 99% removal of Crytosporidium oocycsts and a 99% removal of viruses. The determination of the appropriate filtration technology to be used shall be based on the following:

     (i)   Conventional filtration designed and operated in accordance with standards established in the Department’s Public Water Supply Manual can be expected to achieve the minimum treatment design standard and shall be considered the best treatment for most surface water sources in this Commonwealth because of the multiple barriers of protection that it provides.

     (ii)   Direct filtration, slow sand filtration and diatomaceous earth filtration may be permitted if studies, including pilot studies where appropriate, approved by the Department are conducted and demonstrate, through achievement of the turbidity performance standards specified in §  109.202(c)(1)(i) (relating to State MCLs, MRDLs and treatment technique requirements), that the minimum treatment design standard can be achieved consistently, reliably and practically under appropriate design and operating conditions.

     (iii)   Other filtration technologies may be permitted after onsite studies, including pilot plant studies where appropriate, using seeded indicator organisms in the raw water or other equivalent means as approved by the Department, that demonstrate that the technology can consistently achieve the minimum treatment design standard.

   (2)  For surface water and GUDI sources, the minimum treatment design standard for disinfection technologies utilized prior to the first user of the system is a total of 99.9% inactivation of Giardia cysts and a 99.99% inactivation of viruses. Total treatment system disinfection capability will be credited toward this design standard. The CT factors and measurement methods established by the EPA are the criteria to be used in determining compliance with this minimum treatment design standard.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

   The provisions of this §  109.606 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended December 24, 1993, effective December 25, 1993, 23 Pa.B. 6147; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175. Immediately preceding text appears at serial pages (185936) to (185937).

 (a)  Distribution systems and distribution system modifications shall be designed and constructed to maintain normal operating pressures of not less than 25 p.s.i.g. nor more than 125 p.s.i.g. at the main, except that during periods of peak seasonal loads the pressures at the time of hourly maximum demand may be not less than 20 p.s.i.g. nor more than 150 p.s.i.g. and that during periods of hourly minimum demand the pressure may be not more than 150 p.s.i.g.

 (b)  A public water system may furnish a service which does not comply with the specifications in subsection (a) where compliance with the specifications would prevent it from furnishing adequate service to a customer or where called for by good engineering practices.

 (c)  The Department may require service improvements incorporating standards other than those set forth in this section when it determines that the improvements are necessary.

   The provisions of this §  109.607 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479.

 A public water system may not be designed or constructed in a manner which creates a cross-connection.

 (a)  A new community water system shall be designed to provide an adequate supply of finished water during periods of peak demand. To assure continued service in the event of source contamination or outage, the design shall provide a minimum of 1 day of reserve capacity based on average daily demand or usage. Reserve capacity may be provided through finished water storage. In addition, reserve capacity may be provided through sources and interconnections not likely to be subject to the same contamination event. Sources and interconnections used for reserve capacity shall be permitted under § §  109.503 and 109.504 (relating to public water system construction permits; and public water system operation permits).

 (b)  Finished water storage facilities shall be completely enclosed to prevent contamination of the finished water supply. This requirement applies to existing, as well as new, finished water storage facilities. Public water suppliers with existing finished water storage facilities shall comply with this section by December 31, 1995.

   The provisions of this §  109.609 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended March 24, 1989, effective March 25, 1989, 19 Pa.B. 1289; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621. Immediately preceding text appears at serial page (136320).

 Disinfection facilities shall be designed to provide the dosage rate and contact time prior to the first customer sufficient to provide a quality of water that complies with the microbiological MCL and the appropriate MRDL, specified in §  109.202 (relating to State MCLs, MRDLs and treatment technique requirements).

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

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

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

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

   The provisions of this §  109.612 adopted May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895. Immediately preceding text appears at serial page (254815).

   This section cited in 25 Pa. Code §  109.503 (relating to public water system constuction permits).

Subchapter G. SYSTEM MANAGEMENT RESPONSIBILITIES

Sec.

 (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.

     (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 shall include the following at a minimum:

       (A)   For turbidity performance monitoring:

         (I)   The number of days of filtration operation.

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

         (III)   The number of filtered water turbidity measurements that are less than or equal to .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 clause (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 exceding 1 NTU.

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

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

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

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

         (I)   The date, time and lowest value each day.

         (II)   The date, duration and number of periods each day when the concentration is less than .2 mg/L for more than 4 hours.

       (C)   For performance monitoring of the residual disinfectant concentration at representative points in the distribution system report the following:

         (I)   The number of monthly routine samples required.

         (II)   The number of monthly routine samples collected and analyzed.

         (III)   The number of samples in which the residual disinfectant concentration was less than 0.02 mg/L.

         (IV)   For samples in which the residual disinfectant concentration was less than 0.02 mg/L: the date, time and value of each sample.

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

       (A)   For turbidity performance monitoring:

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

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

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

         (I)   The date, time and lowest value each day the concentration is less than the residual disinfectant concentration required under §  109.202(c)(1)(iii).

         (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 residual disinfectant concentration at representative points in the distribution system, report the following:

         (I)   The number of monthly routine samples required.

         (II)   The number of monthly routine samples collected and analyzed.

         (III)   The number of samples in which the residual disinfectant concentration was less than 0.02 mg/L.

         (IV)   For samples in which the residual disinfectant concentration was less than 0.02 mg/L: the date, time and value of each sample.

       (D)   For performance monitoring of the fecal coliform 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.

     (iv)   The test results of heterotrophic plate count measurements taken under §  109.710(b) (relating to disinfectant residual in the distribution system) shall include the date, time and value of each sample.

   (3)  Compliance report. 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 or K (relating to MCLs, MRDLs or treatment technique requirements; and lead and copper).

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

     (iii)   Circumstances exist which may adversely affect the quality or quantity of drinking water including, but not limited to, the occurrence of a waterborne disease outbreak, a failure or significant interruption in key water treatment processes, a natural disaster that disrupts the water supply or distribution system, or a chemical spill or unexpected loading of possible pathogens into the source water that significantly increases the potential for drinking water contamination.

   (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 coliform sampling as required by §  109.303(a)(2) (relating to sampling requirements) within 30 days of receipt of the Department’s request for this information.

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

       (A)   A list of available sample site locations in the distribution system to be used for routine monitoring purposes, including the first service connection (or Department approved equivalent) and dead ends.

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

       (C)   A time period by which available sites representative of the distribution system are to be sampled during each monitoring period.

     (ii)   The Department’s approval of a sample siting plan will be based upon the following:

       (A)   The population served by the system.

       (B)   The accessibility of sample sites.

       (C)   The past monitoring history for the system.

       (D)   The completeness of the sample siting plan which includes the information specified in subparagraph (i) and other information relating to the criteria in this subparagraph necessary for evaluation of the sample siting plan.

     (iii)   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 subparagraphs (i) and (ii).

     (iv)   The water supplier shall notify the Department of subsequent revisions to an approved coliform sample siting plan for approval as they occur. Revisions to an approved 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. Public water systems shall report MRDL monitoring data as follows:

     (i)   For systems monitoring for chlorine dioxide under §  109.301(13):

       (A)   The dates, results and locations of the samples that were taken during the previous month.

       (B)   Whether the MRDL was exceeded.

       (C)   Whether the MRDL was exceeded in any 2-consecutive daily samples and whether the resulting violation was acute or nonacute.

     (ii)   For systems monitoring for either chlorine or chloramines under §  109.301(13):

       (A)   The number of samples taken during each month of the previous quarter.

       (B)   The monthly arithmetic average of all samples taken in each month for the last 12 months.

       (C)   The arithmetic average of all monthly averages for the last 12 months.

       (D)   Whether the MRDL was exceeded.

   (9)  Reporting requirements for disinfection byproducts.

     (i)   Systems monitoring for TTHMs and HAA5 under §  109.301(12) shall report the following:

       (A)   Systems monitoring on a quarterly or more frequent basis shall report the following:

         (I)   The number of samples taken during the last quarter.

         (II)   The date, location and result of each sample taken during the last quarter.

         (III)   The arithmetic average of all samples taken in the last quarter.

         (IV)   The annual arithmetic average of the quarterly arithmetic averages for the last 4 quarters.

         (V)   Whether the annual arithmetic average exceeds the MCL for either TTHMs or HAA5.

       (B)   Systems monitoring less than quarterly but no less than annually shall report the following:

         (I)   The number of samples taken during the last year.

         (II)   The date, location and result of each sample taken during the last monitoring period.

         (III)   The arithmetic average of all samples taken in the last year.

         (IV)   Whether the annual arithmetic average exceeds the MCL for either TTHMs or HAA5.

       (C)   Systems monitoring less than annually shall report the following:

         (I)   The date, location and result of the last sample taken.

         (II)   Whether the sample exceeds the MCL for either TTHMs or HAA5.

     (ii)   Systems monitoring for chlorite under §  109.301(12) shall report the following:

       (A)   The number of samples taken during the last month.

       (B)   The date, location and result of each entry point and distribution sample taken during the last month.

       (C)   The arithmetic average of each three-sample set of distribution samples taken during the last month.

       (D)   Whether the monthly arithmetic average exceeds the MCL.

     (iii)   Systems monitoring for bromate under §  109.301(12) shall report the following:

       (A)   The number of samples taken during the last quarter.

       (B)   The date, location and result of each sample taken during the last quarter.

       (C)   The arithmetic average of the monthly arithmetic averages of all samples taken in the last year.

       (D)   Whether the annual arithmetic average exceeds the MCL.

   (10)  Reporting requirements for disinfection byproduct precursors. Systems monitoring for TOC under §  109.301(12) shall report in accordance with 40 CFR 141.134(d) (relating to reporting and recordkeeping requirements for disinfection byproduct precursors and enhanced coagulation or enhanced softening).

 (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 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 which shall be kept for at least 3 years. At a minimum, these records shall 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 shall 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.

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

   (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 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) shall 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, disinfection byproducts and disinfection byproduct precursors. Systems required to monitor for disinfection byproducts or disinfection byproduct precursors under §  109.301(12) 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. All 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.

   (1)  The plan shall include the following components:

     (i)   Specific locations and schedules for collecting samples for any parameters included in §  109.301(12) or (13).

     (ii)   How the system will calculate compliance with the MCLs, MRDLs and treatment techniques.

     (iii)   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.

     (iv)   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).

   (2)  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.

 (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.

   The provisions of this §  109.701 amended under sections 4 and 3118 of the Pennsylvania Safe Drinking Water Act (35 P. S. §  721.4); section 3118 of the Water Resources Planning Act, 27 Pa.C.S. §  3118; and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   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. Immediately preceding text appears at serial pages (313694) to (313696), (305025) to (305028), (290559) to (290560), (303195) to (303196) and (313697).

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

   (1)  A description of the facilities.

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

   (3)  A routine maintenance program.

   (4)  Records and reporting system.

   (5)  Sampling and analyses program.

   (6)  A public notification program including appropriate advance preparations, such as public notice templates, an explanation of appropriate methods of delivery and a designation of public notice recipients for each tier type.

   (7)  Staffing and training.

   (8)  Sanitary survey program including the wellhead protection program for any water system that develops one under §  109.713 (relating to wellhead protection programs).

   (9)  Safety program.

   (10)  Emergency plan and operating procedures.

   (11)  Manufacturer’s manuals.

   (12)  An interconnect, valve and blowoff exercise and testing program.

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

 (c)  The operation and maintenance plan shall be reviewed and updated as necessary to reflect changes in the operation or maintenance of the water system. The plan shall be bound and placed in locations which are readily accessible to the water system’s personnel, and shall be presented upon request to the Department.

 (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.

   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. Immediately preceding text appears at serial pages (281913) to (281914).

 (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)  By July 1, 1990, suppliers using conventional or direct filtration shall, after filter backwash, and before putting the backwashed filter back on line, filter-to-waste until one of the following occurs:

     (i)   The filter bed effluent turbidity is less than .5 NTU at the normal production flow rate.

     (ii)   When source water turbidity is less than 1.0 NTU, a 50% reduction in turbidity is achieved.

   (2)  Beginning May 16, 1992, a 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)  Beginning May 16, 1992, a 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)  Except for public water systems covered under §  109.301(1)(iv) (relating to general monitoring requirements), a system with conventional or direct filtration facilities permitted prior to March 25, 1989, without individual filter bed turbidity monitoring capabilities shall conduct an annual filter bed evaluation program, acceptable to the Department, which includes an evaluation of filter media, valves, surface sweep and sampling of filter turbidities over one entire filter run; and shall submit to the Department, with the Annual Water Supply Report, a study that demonstrates that the water supplier’s filter-to-waste or alternate approved operating procedures are meeting the operating conditions under paragraph (1) or (4).

 (a)  Community water systems shall have personnel certified under the Sewage Treatment Plant and Waterworks Operators’ Certification Act (63 P. S. § §  1001—1015) and qualified by experience and education to operate and maintain a public water system.

 (b)  Noncommunity water systems shall have competent personnel qualified to operate and maintain the system’s facilities.

 (c)  Beginning July 21, 2004, nontransient noncommunity water systems that provide water that contains a chemical disinfectant shall be operated by qualified personnel certified under the Sewage Treatment Plant and Waterworks Operators’ Certification Act (63 P. S. § §  1001—1015). The minimum certification to oper-ate these facilities shall be a certificate to operate plants with disinfection only, under §  303.2 (relating to waterworks operators certificates).

   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. Immediately preceding text appears at serial pages (254823) to (254824).

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

   (1)  Watershed surveillance consisting of an inspection of portions of the drainage area or wellhead protection area necessary to identify and evaluate actual and probable sources of contamination. An inspection of a wellhead 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. 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.

   (2)  Evaluation of source protection, 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.

 (b)  A community water system which does not collect five or more routine coliform samples per month shall do one of the following:

   (1)  Undergo a sanitary survey conducted by the Department by June 29, 1994, and thereafter undergo a subsequent sanitary survey conducted by the Department at a minimum of every 3 years after the initial sanitary survey, depending on the type of source, treatment and population served.

   (2)  Increase the number of routine coliform samples collected to at least five samples per month if the Department does not conduct a sanitary survey by June 29, 1994, or within 3 years following the initial or a subsequent sanitary survey. This increased sampling frequency shall be in place of the monitoring frequency requirements for coliforms in §  109.301(3)(i) (relating to general monitoring requirements) and shall remain in effect through the month in which the next sanitary survey is conducted by the Department.

 (c)  A noncommunity water system which does not collect five or more routine coliform samples per month shall do one of the following:

   (1)  Undergo an initial sanitary survey conducted by the Department by June 29, 1999, and thereafter undergo a subsequent sanitary survey at a minimum of every 5 years after the initial sanitary survey, except that noncommunity systems using only protected and disinfected groundwater shall undergo subsequent sanitary surveys at a minimum of every 10 years after the initial sanitary survey.

   (2)  Increase the number of routine coliform samples collected to at least five samples per month if the Department does not conduct a sanitary survey by June 29, 1999, or within 5 or 10 years using the criteria in paragraph (1), following the initial or a subsequent sanitary survey. This increased sampling frequency shall be in place of the monitoring frequency requirements for coliforms in §  109.301(3)(i) and shall remain in effect through the month in which the next sanitary survey is conducted by the Department.

   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. Immediately preceding text appears at serial pages (170202) to (170204).

 (a)  The community water supplier shall prepare and maintain on file a detailed map of the water system’s transmission and distribution facilities.

 (b)  A noncommunity water supplier shall submit a detailed map of the water system’s transmission and distribution facilities at the request of the Department.

 (c)  The map shall include information sufficient to allow the Department to analyze the distribution system and determine quantity, pressure and direction of flow from the sources to the customers, and shall include the type and size of pipes within the distribution system. The map shall be updated at least annually.

 (a)  A community water supplier shall develop a plan for the provision of safe and adequate drinking water under emergency circumstances, and submit the plan to the Department for approval by December 8, 1985. The emergency response plan shall conform to the guidelines contained in the Department’s Public Water Supply Manual and shall contain at least the following information:

   (1)  Identification of probable emergency situations, including, but not limited to, those specified in §  109.701(a)(3)(iii) (relating to reporting and recordkeeping), and alternative solutions to respond to situations including how the system will maintain its ability to provide service in the event of contamination or an outage of one or more of its sources of supply. Consideration shall be given to providing reserve capacity according to §  109.609 (relating to reserve capacity and finished water storage).

   (2)  Procedures for communications and coordination with the local emergency management organization.

 (b)  The plan shall be kept on file in a readily accessible location by the public water supplier.

 (c)  The plan shall be reviewed and updated at least annually.

   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. Immediately preceding text appears at serial page (281918).

 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.

 (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.

 (a)  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)  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)  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.

   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. Immediately preceding text appears at serial page (290569).

 (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.

 (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.

 For water suppliers seeking to obtain Department approval for a wellhead protection program, the wellhead protection program shall consist of the following:

   (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 wellhead protection activities.

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

   (3)  Zone II and Zone III wellhead protection area delineation performed in accordance with methodology provided by the Department. Methods applicable to that hydrogeologic setting shall be utilized and site-specific hydraulic and hydrogeologic information shall include, but is not limited to, pumping rate or yield, aquifer properties, water table or potentiometric surface configuration and hydrogeologic mapping.

   (4)  Identification of existing and potential sources of contamination within each wellhead protection area.

   (5)  Development and implementation of wellhead 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 wellhead protection area by the water system.

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

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

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

     (v)   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 well, spring or infiltration gallery and emergency responses to incidents that may impact water supply source quality.

   (7)  New water supply source siting provisions to ensure the protection of new wells, springs or infiltration galleries.

   The provisions of this §  109.713 adopted October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175.

 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.

   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).

Subchapter H. LABORATORY CERTIFICATION

Sec.

 A laboratory shall be accredited under Chapter 252 (relating to laboratory accreditation) to perform analyses acceptable to the Department for the purposes of ascertaining drinking water quality and demonstrating compliance with monitoring requirements established in Subchapter C (relating to monitoring requirements).

   The provisions of this §  109.801 amended under 27 Pa.C.S. § §  4103(a), 4104 and 4105; and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

 (a)  A laboratory accredited under Chapter 252 (relating to laboratory accreditation) shall submit to the Department, on forms provided by the Department, the results of test measurements or analyses performed by the laboratory under this chapter. Unless a different reporting period is specified in this chapter, these results shall be reported within either the first 10 days following the month in which the result is determined or the first 10 days following the end of the required monitoring period as stipulated by the Department, whichever is shorter.

 (b)  A laboratory accredited under Chapter 252 shall whenever an MCL, MRDL or a treatment technique performance requirement under §  109.202 (relating to State MCLs, MRDLs and treatment technique requirements) is violated, or a sample result requires the collection of check samples under §  109.301 (relating to general monitoring requirements):

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

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

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

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

   The provisions of this §  109.810 amended under 27 Pa.C.S. § §  4103(a), 4104 and 4105; and section 1920-A of The Administrative Code of 1921 (71 P. S. §  510-20).

   The provisions of this §  109.810 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 August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended August 13, 2004, effective August 14, 2004, 34 Pa.B. 4435; amended January 27, 2006, effective January 28, 2006, 36 Pa.B. 465. Immediately preceding text appears at serial pages (305035) to (305036).

   This section cited in 25 Pa. Code §  109.805 (relating to certification procedure).

Subchapter I. VARIANCES AND EXEMPTIONS ISSUED
BY THE DEPARTMENT

Sec.

 (a)  The Department may grant one or more variances to a public water system from a requirement respecting a MCL upon finding that:

   (1)  The public water system has installed and is using the best treatment technology, treatment methods or other means that the Department in concurrence with the Administrator finds are generally available to reduce the level of the contaminant.

   (2)  The water supplier has demonstrated to the Department that, because of characteristics of the raw water sources which are reasonably available to the system, the system cannot meet the requirements respecting the MCLs.

   (3)  The granting of a variance will not result in an unreasonable risk to the health of persons served by the system.

 (b)  The Department may grant one or more variances to a public water system from a treatment technique requirement upon a finding that the public water supplier applying for the variance has demonstrated that, because of the nature of the raw water source of the system the treatment technique is not necessary to protect the health of the persons served by the system. The treatment technique requirements established under §  109.202(c) (relating to State MCLs, MRDLs and treatment techniques requirements) and treatment technique requirements established under §  109.1102(b) (relating to action levels and treatment technique requirements) are not eligible for a variance.

   The provisions of this §  109.901 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 July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895. Immediately preceding text appears at serial pages (207275) to (207278).

 A water supplier may request the granting of a variance or a variance renewal for a public water system by submitting a request for a variance in writing to the Department. Water suppliers may submit a joint request for variances when they seek similar variances under similar circumstances. A written request for a variance shall include the following information:

   (1)  The nature and duration of the variance requested.

   (2)  Relevant analytical results of water quality sampling of the system including, but not limited to, results of tests required by Subchapter C (relating to monitoring requirements) and raw water quality analyses.

   (3)  For a request made under §  109.901(a) (relating to requirements for a variance):

     (i)   Evidence that the best available treatment technology and techniques have been applied and a full explanation of the technology and techniques.

     (ii)   Factors relevant to ability to comply and availability of alternative raw water sources.

     (iii)   A proposed compliance schedule, including the date each step toward compliance will be achieved. The schedule shall include as a minimum the following dates:

       (A)   Date by which arrangement for alternative raw water source or improvement of existing raw water source will be completed.

       (B)   Date of initiation of the connection of the alternative raw water source or improvement of existing raw water source.

       (C)   Date by which final compliance is to be achieved.

     (iv)   A plan for the provision of safe drinking water in the case of an excessive rise in the contaminant level for which the variance is requested.

     (v)   A plan for interim control measures during the effective period of variance.

   (4)  For a request made under §  109.901(b), a statement that the supplier will perform monitoring and other reasonable requirements prescribed by the Department in concurrence with the Administrator as a condition of the variance.

   (5)  Other information believed to be pertinent by the applicant.

   (6)  Other relevant information the Department may require.

 (a)  The Department may exempt a public water system from an MCL or treatment technique requirement upon finding that:

   (1)  Due to compelling factors, the public water system is unable to comply with the contaminant level or treatment technique requirement.

   (2)  The public water system was in operation on the effective date of the contaminant level or treatment technique requirement or, for a system that was not in operation by that date, only if no reasonable alternative source of drinking water is available to the new system.

   (3)  The granting of the exemption will not result in an unreasonable risk to health.

 (b)  The treatment technique requirements established under §  109.202(c) (relating to State MCLs, MRDLs and treatment technique requirements) and treatment technique requirements established under §  109.1102(b) (relating to action levels and treatment technique requirements) are not eligible for an exemption.

   The provisions of this §  109.903 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 July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895. Immediately preceding text appears at serial pages (207277) to (207278).

 A water supplier may request the granting of an exemption for a public water system by submitting a request for exemption in writing to the Department. Water suppliers may submit a joint request for exemptions when they seek similar exemptions under similar circumstances. A written request for an exemption shall include the following information:

   (1)  The nature and duration of exemption requested.

   (2)  Relevant analytical results of water quality sampling of the system, including results of relevant tests required by Subchapter C (relating to monitoring requirements).

   (3)  Explanation of the compelling factors which prevent the system from achieving compliance.

   (4)  Other information believed by the applicant to be pertinent to the application.

   (5)  A plan for the provision of safe drinking water in the case of an excessive rise in the contaminant for which the public water system is requesting a maximum contaminant level or treatment technique requirement exemption.

   (6)  A proposed compliance schedule, including the date when each step toward compliance will be achieved.

   (7)  Other relevant information the Department may require.

 Upon receipt of a request for a variance, variance renewal or exemption, the Department will review the application for completeness and eligibility for the relief requested. If the application is incomplete or the public water system is not eligible for the relief requested, the Department will return the application with a written explanation of the reason for the return. If the Department’s preliminary review finds the application is complete and the public water system may be eligible for a variance or exemption, the Department will provide an opportunity for a public hearing and public comments.

   (1)  Notice of a public hearing on a proposed variance or exemption will be circulated in a manner designed to inform interested and potentially interested persons of the variance or exemption requests under consideration.

     (i)   The Department will post a notice in prominent public buildings of the municipalities or areas served by the public water system, and publish a notice in a newspaper or newspapers of general circulation in the area served by the public water system.

     (ii)   The Department will mail a notice to other appropriate State or local agencies at the Department’s discretion.

     (iii)   The notice will include the following:

       (A)   A summary of the variance or exemption requested including the applicant’s proposed schedule for compliance.

       (B)   A description to the service area or portions of service area affected by the proposed variance or exemption.

       (C)   An invitation to interested persons to register their interest in a public hearing by calling or writing to the contact person whose address and phone number is included in the notice or to provide written comments on the proposal.

       (D)   The address of the Department office and other locations where a complete copy of the application may be obtained.

       (E)   A proposed date, time, and location for a public hearing on the proposed variance or exemption.

     (iv)   The Department will publish the notice in the Pennsylvania Bulletin, providing at least 30 days for public comment from the date of publication.

   (2)  If the Department receives no indication of interest in response to the notice for public hearing within 30 days, the Department may issue a notice cancelling the public hearing. The notice will be posted,published and circulated in the same manner as the notice for public hearing set forth in paragraph (1). The notice shall include:

     (i)   A summary of the variance or exemption requested and the proposed schedule for compliance.

     (ii)   A description of the service area or portions of service area affected by the proposed variance or exemption.

     (iii)   An invitation for interested persons to provide written comments and the address of the contact person from whom further information can be obtained and to whom comments should be addressed.

     (iv)   A final date for the receipt of written comments, which will be no less than 30 days from the date of the notice of public hearing.

   (3)  A hearing convened under paragraph (1) will be conducted before a hearing officer to be designated by the Department. The hearing will be conducted by the hearing officer in an informal, orderly, and expeditious manner. The hearing officer will have authority to call witnesses, receive oral and written testimony, and take action necessary to assure the fair and efficient conduct of the hearing.

 The Department will consider comments received during the comment period and testimony in the record of a public hearing held with respect to the request for a variance or exemption before making a determination. The Department will consider the availability of alternative water sources, risks to the public health from granting the relief requested and other relevant factors including the following considerations:

   (1)  In its consideration of whether the public water system satisfies the requirements for a variance from a maximum contaminant level under §  109.901(a) (relating to requirements for a variance), the Department will consider whether the public water system has installed and is effectively operating the best treatment technology, treatment methods, or other means that the Department finds in concurrence with the Administrator are generally available to reduce the level of the contaminant for which the variance is requested.

   (2)  In its consideration of whether a public water system satisfies the requirements for a variance from a treatment technique requirement under §  109.901(b), the Department will consider the following factors:

     (i)   The quality of the water source and pertinent sources of pollution.

     (ii)   The source protection measures employed by the public water system.

   (3)  In its consideration of whether a public water system satisfies the requirements for an exemption under §  109.903 (relating to requirements for an exemption), the Department will consider factors such as:

     (i)   The need for construction, installation, or modification of treatment equipment or systems.

     (ii)   The time needed to put into operation a new treatment facility to replace an existing system which is not in compliance.

 (a)  If the Department proposes to deny the application for a variance or exemption, it will notify the applicant of its preliminary determination to issue a denial. The notice will include a statement of reasons for the proposed denial, and will offer the applicant an opportunity to present, within 30 days of receipt of the notice, additional information or argument to the Department. The Department will make a final determination on the request after receiving the additional information or argument. If no additional information or argument is submitted by the applicant, the application will be denied.

 (b)  If the Department makes a determination to grant a variance or exemption request, it will notify the applicant of the decision in writing. The notice will identify the variance or exemption, the facility covered, and will specify the period of time for which the variance or exemption will be effective.

   (1)  For an exemption or the type of variance in §  109.901(a) (relating to requirements for a variance), the notice will provide that the variance or exemption will be terminated when the system comes into compliance with the applicable maximum contaminant level requirement, and may be rescinded upon a finding by the Department that the system has failed to comply with the final schedule or other terms or conditions of the variance or exemption.

   (2)  For the type of variance specified in §  109.901(b), the notice will provide that the variance may be terminated at any time the Department finds that:

     (i)   The nature of the raw water source is such that the specified treatment technique from which the variance was granted is necessary to protect the health of persons served by the system.

     (ii)   The public water system has failed to comply with monitoring or other terms or conditions of the variance.

   (3)  Variances are effective for the period stated in the variance, which may not exceed 2 years from the date of issuance.

   (4)  No exemption may extend beyond the expiration dates prescribed in the Federal act and the Federal regulations.

 (a)  For a variance specified in §  109.901(a) (relating to requirements for a variance) or an exemption specified in §  109.903 (relating to requirements for an exemption), the Department will issue a schedule for:

   (1)  Compliance by the public water system with the maximum contaminant level requirement covered by the variance or exemption and the treatment technique requirement covered by the exemption.

   (2)  Implementation by the public water supplier of control measures as the Department may require for the contaminant covered by the variance or exemption. The schedule will specify interim treatment techniques, methods and equipment, and dates by which steps toward meeting the interim control measures are to be completed.

 (b)  For a variance specified by §  109.901(a), the schedule for compliance will specify dates by which steps toward compliance are to be taken, including:

   (1)  Date by which arrangement for an alternative raw water source or improvement of existing raw water source will be completed.

   (2)  Date of initiation of the connection for the alternative raw water source or improvement of the existing raw water source.

   (3)  Date by which final compliance is to be achieved.

 (c)  The schedule for a variance shall cover a time period no greater than 2 years. A new schedule covering a time period no greater than 2 years shall be proposed for the variance renewal.

 (d)  The compliance schedule for an exemption will be limited to the time reasonably necessary for the public water system to achieve compliance, and will not extend beyond the dates prescribed in the Federal act or Federal regulations for the expiration of exemptions.

   The provisions of this §  109.908 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479.

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

Sec.

 This subchapter applies to bottled water systems, vended water systems, retail water facilities and bulk water hauling systems.

 (a)  Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall supply drinking water that complies with the MCLs, MRDLs and treatment technique requirements under § §  109.202 and 109.203 (relating to State MCLs, MRDLs and treatment technique requirements; and unregulated contaminants). Bottled water systems, vended water systems, retail water facilities and bulk water hauling systems shall provide continuous disinfection for groundwater sources. Water for bottling labeled as mineral water, under §  109.1007 (relating to labeling requirements for bottled water systems, vended water systems and retail water facilities) shall comply with the MCLs except that mineral water may exceed the MCL for total dissolved solids.

 (b)  Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall supply drinking water that contains no more than 0.005 mg/L of lead and no more than 1.0 mg/L copper.

   The provisions of this §  109.1002 adopted May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895. Immediately preceding text appears at serial page (254829).

 (a)  General monitoring requirements. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall monitor for compliance with the MCLs and MRDLs in accordance with §  109.301 (relating to general monitoring requirements) and shall comply with §  109.302 (relating to special monitoring requirements). The monitoring requirements shall be applied as follows, except that systems which have installed treatment to comply with a primary MCL shall conduct quarterly operational monitoring for the contaminant which the facility is designed to remove:

   (1)  Bottled water systems, retail water facilities and bulk water hauling systems, for each entry point shall:

     (i)   Monitor for microbiological contaminants weekly.

     (ii)   Monitor for turbidity every 4 hours or continuously each day a surface water or GUDI source is in use.

     (iii)   Monitor for compliance with the MCLs for VOCs in accordance with §  109.301(5) beginning during the quarter that begins January 1, 1995, except that:

       (A)   Systems that obtain finished water from another permitted public water system are exempt from conducting monitoring for the VOCs if the public water system supplying the finished water performs the required monitoring at least annually and a copy of the analytical reports are received by the Department.

       (B)   For systems in existence prior to January 1, 1995, that obtain raw water from only protected groundwater sources, initial monitoring for compliance with the MCLs for VOCs established by the EPA under 40 CFR 141.61(a) (relating to MCLs for organic contaminants) on January 30, 1991, and July 17, 1992, will be reduced to one sample for entry points or systems which meet the following conditions:

         (I)   The VOC monitoring required by the Department between January 1, 1988, and December 31, 1994, has been conducted and no VOCs were detected.

         (II)   The first quarter of VOC monitoring required by this subparagraph has been conducted during the first quarter of 1995 with no detection of a VOC.

       (C)   Initial monitoring of new entry points associated with new sources which are permitted in accordance with §  109.1005 (relating to permit requirements) to begin operation after December 31, 1994, shall be conducted as follows:

         (I)   Entry points at which a VOC is detected during new source monitoring shall be monitored quarterly beginning the first quarter the entry points begin serving the public. Quarterly monitoring shall continue until reduced monitoring is granted in accordance with clause (D)(I).

         (II)   Entry points at which no VOC is detected during new source monitoring shall begin initial quarterly monitoring during the first calendar quarter of the year after the entry point begins serving the public.

       (D)   Repeat monitoring for entry points shall be conducted as follows:

         (I)   For an entry point at which a VOC is detected during initial monitoring or where a VOC is detected anytime at a level in excess of its MCL, compliance monitoring shall be repeated quarterly for the VOCs for which the EPA has established MCLs under 40 CFR 141.61(a), except for vinyl chloride as provided in §  109.301(5)(i). After analyses of four consecutive quarterly samples at an entry point, including initial quarterly monitoring samples, demonstrate that the VOC levels in each quarterly sample are less than the MCLs, the required compliance monitoring is reduced to one sample per year at that entry point for all 21 VOCs, except for vinyl chloride as provided in §  109.301(5)(i).

         (II)   For a groundwater or surface water entry point at which VOCs are not detected during the initial and subsequent repeat monitoring, repeat monitoring shall be one sample per year from that entry point.

     (iv)   Conduct initial and repeat monitoring for compliance with the MCLs for SOCs—pesticides and PCBs—in accordance with §  109.301(6) for four consecutive quarters beginning during the quarter that begins January 1, 1995, except that:

       (A)   Systems that obtain finished water from another permitted public water system are exempt from conducting compliance monitoring for the SOCs if one of the following applies:

         (I)   The public water system supplying the finished water performs the required monitoring annually and a copy of the analytical results are received by the Department.

         (II)   The public water system supplying the water has been granted a waiver from conducting the initial or repeat compliance monitoring, or both, for one or more SOCs under §  109.301(6)(v). This exemption from conducting compliance monitoring applies only to SOCs indicated in the waiver.

       (B)   Systems which are granted an initial monitoring waiver in accordance with §  109.301(6)(v) are exempt from conducting compliance monitoring for the SOCs indicated in the waiver.

       (C)   Initial monitoring of new entry points associated with new sources which are permitted in accordance with §  109.1005 to begin operation after December 31, 1994, shall be conducted as follows:

         (I)   Entry points at which an SOC is detected during new source monitoring shall be monitored quarterly beginning the first quarter the entry points begin serving the public. Quarterly monitoring shall continue until reduced monitoring is granted in accordance with clause (D)(I).

         (II)   Entry points at which no SOC is detected during new source monitoring and which begin operation before April 1, 1995, shall conduct initial quarterly monitoring beginning during the quarter beginning January 1, 1995.

         (III)   Entry points at which no SOC is detected during new source monitoring and which begin operation after March 31, 1995, shall conduct initial quarterly monitoring beginning during the first calendar quarter of the year after the entry point begins serving the public.

       (D)   Repeat monitoring for entry points shall be conducted as follows:

         (I)   For entry points at which an SOC is detected during initial monitoring or where an SOC is detected anytime in excess of its MCL, compliance monitoring shall be repeated quarterly for the detected SOC for which the EPA has an established MCL under 40 CFR 141.61(c). After analyses of four consecutive quarterly samples at an entry point, including initial quarterly monitoring samples, demonstrate that the SOC level in each quarterly sample is less than the MCL, the required compliance monitoring is reduced for each SOC below the MCL to one sample per year at that entry point.

         (II)   For a groundwater or surface water entry point at which SOCs are not detected during the initial and any subsequent repeat monitoring, repeat monitoring shall be one sample per year from that entry point.

     (v)   Beginning in 1995, monitor for the primary IOCs, including lead and copper annually, except that:

       (A)   Systems are granted a waiver from asbestos monitoring unless the Department determines that the system’s finished water is vulnerable to asbestos contamination by means of an asbestos cement pipe or the system’s source water is vulnerable to asbestos contamination.

       (B)   Systems that obtain finished water from another permitted public water system are exempt from conducting compliance monitoring for the IOCs, except lead, copper and asbestos if the supplying system has not optimized corrosion control, if the public water system supplying the finished water performs the required monitoring annually and a copy of the analytical results is received by the Department.

       (C)   Monitoring for compliance with the MCLs for nitrate and nitrite shall be conducted quarterly following a monitoring result which is equal to or greater than 50% of the MCL. After four consecutive quarterly samples, indicate nitrate and nitrite in each sample are less than 50% of the MCLs, required monitoring is reduced to one sample per year.

     (vi)   Conduct operational monitoring for fluoride at least once each day, if the system fluoridates its water.

     (vii)   Monitor for compliance with radiological MCLs once every 4 years.

     (viii)   Beginning January 1, 2004, monitor annually for TTHMs and HAA5 if the system uses a chemical disinfectant or oxidant, or obtains finished water from another public water system that uses a chemical disinfectant or oxidant to treat the finished water. Bottled water systems are not required to monitor for TTHMs and HAA5 if the system does not use a chlorine-based disinfectant or oxidant and does not obtain finished water from another public water system that uses a chlorine-based disinfectant or oxidant to treat the finished water.

       (A)   Routine monitoring. Systems shall take at least one sample per year per entry point during the month of warmest water temperature. If the sample, or average of all samples, exceeds either a TTHM or HAA5 MCL, the system shall take at least one sample per quarter per entry point. The system shall return to the sampling frequency of one sample per year per entry point if, after at least 1 year of monitoring, the TTHM running annual average is no greater than 0.060 mg/L and the HAA5 running annual average is no greater than 0.045 mg/L.

       (B)   Reduced monitoring. Systems that use groundwater sources shall monitor for TTHMs and HAA5 for at least 1 year prior to qualifying for reduced monitoring. The Department retains the right to require a system that meets the requirements of this clause to resume routine monitoring.

         (I)   Systems that use groundwater sources shall reduce monitoring to 1 sample per 3-year cycle per entry point if the annual TTHM average is no greater 0.040 mg/L and the annual HAA5 average is no greater than 0.030 mg/L for 2 consecutive years or the annual TTHM average is no greater than 0.020 mg/L and the annual HAA5 average is no greater than 0.015 mg/L for 1 year. The sample shall be taken during the month of warmest water temperature. The 3-year cycle shall begin on January 1 following the quarter in which the system qualifies for reduced monitoring.

         (II)   Systems that use groundwater sources that qualify for reduced monitoring shall remain on reduced monitoring if the TTHM average is no greater than 0.060 mg/L and the HAA5 average is no greater than 0.045 mg/L. Systems that exceed these levels shall resume routine monitoring as prescribed in clause (A), except that systems that exceed either a TTHM or HAA5 MCL shall increase monitoring to at least 1 sample per quarter per entry point beginning in the quarter immediately following the quarter in which the system exceeds the TTHM or HAA5 MCL.

     (ix)   Beginning January 1, 2004, monitor daily for chlorite if the system uses chlorine dioxide for disinfection or oxidation. Systems shall take at least one daily sample at the entry point. If a daily sample exceeds the chlorite MCL, the system shall take three additional samples within 24 hours from the same lot, batch, machine, carrier vehicle or point of delivery. The chlorite MCL is based on the average of the required daily sample plus any additional samples.

     (x)   Beginning January 1, 2004, monitor monthly for bromate if the system uses ozone for disinfection or oxidation.

       (A)   Routine monitoring. Systems shall take one sample per month for each entry point that uses ozone while the ozonation system is operating under normal conditions.

       (B)   Reduced monitoring. Systems shall reduce monitoring for bromate from monthly to quarterly if the average source water bromide concentration is less than 0.05 mg/L based upon representative monthly bromide measurements for 1 year. Systems on reduced monitoring shall continue monthly source water bromide monitoring. If the running annual average source water bromide concentration, computed quarterly, is equal to or exceeds 0.05 mg/L, the system shall revert to routine monitoring as prescribed by clause (A).

   (2)  Vended water systems shall monitor in accordance with paragraph (1) except that vended water systems qualifying for permit by rule under §  109.1005(b), for each entry point shall:

     (i)   Monitor monthly for microbiological contaminants.

     (ii)   Monitor annually for total dissolved solids, lead and cadmium.

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

 (b)  Sampling requirements.

   (1)  For bottled water and vended water systems, retail water facilities and bulk water hauling systems, samples taken to determine compliance with MCLs, MRDLs, monitoring requirements, including special monitoring requirements for unregulated contaminants, and treatment techniques shall be taken from each entry point.

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

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

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

   (3)  Public water suppliers shall assure that samples for laboratory analysis are properly collected and preserved, are collected in proper containers, do not exceed maximum holding times between collection and analysis and are handled in accordance with guidelines governing quality control which may be established by the Department. A public water supplier who utilizes a certified laboratory for sample collection as well as analysis satisfies the requirements of this subsection.

   (4)  Compliance monitoring samples for VOCs, as required under subsection (a)(1)(iii), shall be collected by a person properly trained by a laboratory certified by the Department to conduct VOC or vinyl chloride analysis.

   (5)  Compliance monitoring samples required under subsection (a)(1)(iii) may be composited in accordance with 40 CFR 141.24(g)(7) (relating to organic chemicals other than total trihalomethanes, sampling and analytical requirements) except:

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

     (ii)   Samples from one type of bottled water product or vended water product may not be composited with samples from another type of bottled water product or vended water product.

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

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

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

 (c)  Repeat monitoring for microbiological contaminants.

   (1)  If a sample collected in accordance with subsection (a)(1)(i) is found to be total coliform-positive:

     (i)   The bottled water system shall collect a set of three additional samples (check) from the same lot or batch of the type of product.

     (ii)   The vended water, retail water facility or bulk water hauling systems shall collect a set of four additional samples (check) from the same entry point (machine, point of delivery or carrier vehicle).

   (2)  Samples shall be collected for analysis within 24 hours of being notified of the total coliform-positive sample. The Department may extend this 24-hour collection limit to a maximum of 72 hours if the system adequately demonstrates a logistical problem outside the system’s control in having the check samples analyzed within 30 hours of collection. A logistical problem outside the system’s control may include a coliform-positive result received over a holiday or weekend in which the services of a Department certified laboratory are not available within the prescribed sample holding time.

   (3)  If a check sample is total coliform-positive, the system shall be deemed to have violated the MCL for total coliforms established under §  109.1002 (relating to MCLs, MRDLs or treatment techniques).

   The provisions of this §  109.1003 adopted May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175; corrected June 2, 1995, effective February 4, 1995, 25 Pa.B. 2180; amended April 23, 1999, effective April 24, 1999, 29 Pa.B. 2231; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended August 13, 2004, effective August 14, 2004, 34 Pa.B. 4435. Immediately preceding text appears at serial pages (290586) to (290593).

 (a)  General public notification requirements. A bottled water or retail water supplier shall give public notification in accordance with this section. A bulk water or vended water supplier shall give public notification in accordance with Subchapter D (relating to public notification requirements). For the purpose of establishing a bulk water or vended water supplier’s responsibilities under Subchapter D, a bulk water supplier shall comply with the public notification requirements specified for a community water system and a vended water supplier shall comply with the public notification requirements specified for a noncommunity water system.

   (1)  A bottled water or retail water supplier who knows that a primary MCL or an MRDL has been exceeded or treatment technique performance standard has been violated or has reason to believe that circumstances exist which may adversely affect the quality of drinking water, including, but not limited to, source contamination, spills, accidents, natural disasters or breakdowns in treatment, shall report the circumstances to the Department within 1 hour of discovery of the problem.

   (2)  If the Department determines, based upon information provided by the bottled water or retail water supplier or other information available to the Department, that the circumstances present an imminent hazard to the public health, the water supplier shall issue a water supply warning approved by the Department and, if applicable, initiate a program for product recall approved by the Department under this subsection. The water supplier shall be responsible for disseminating the notice in a manner designed to inform users who may be affected by the problem.

     (i)   Within 4 hours of the Department’s determination that an imminent hazard is present, the water supplier shall provide the notice to newspapers, radio and television media serving the affected public, or directly notify affected users in a manner approved by the Department. The water supplier shall also notify key public officials as designated in the system’s emergency response plan.

     (ii)   If the notice provided under subparagraph (i) does not ensure that the affected public is adequately notified, the Department may require the water supplier to further disseminate the notice in an appropriate manner which may include direct mailings, publication in newspapers or other paid advertising, or postings.

     (iii)   A water supply warning shall be followed by further notices designed to inform the public on a continuing basis as to the expected duration of the hazard, progress towards solving the problem, and measures that should be taken by users to reduce their risk. These notices shall be given at intervals and in a manner directed by the Department as long as the threat to public health continues.

     (iv)   The water supply warning shall continue until the Department is satisfied that no significant threat to the public health remains and approves a notice canceling the warning. The water supplier is responsible for disseminating the cancellation of the water supply warning in a manner similar to the issuance of the warning.

 (b)  Description and content of notice. Notice given under this section shall be written in a manner reasonably designed to fully inform the users of the system. When appropriate or as designated by the Department, additional notice in a foreign language shall be given.

   (1)  The notice shall be conspicuous and may not use technical language, small print or other methods which would frustrate the purpose of the notice.

   (2)  The notice shall disclose material facts regarding the subject, including the nature of the problem and, when appropriate, a clear statement that an MCL or MRDL has been violated and preventive measures that should be taken by the public.

   (3)  Notices shall include a balanced explanation of the significance or seriousness to the public health of the subject of the notice including potential adverse health effects, the population at risk, a clear explanation of steps taken by the supplier to correct the problem, necessity for seeking alternative supplies, guidance on safeguards and alternatives available to users, and the results of additional sampling. In addition, bottled water system and retail water facility notices shall describe a program for product recall, if applicable.

   (4)  The notice shall include the telephone number of the owner, operator or designee of the public water system as a source of additional information concerning the notice.

   (5)  In all notices, when providing the information on potential adverse health effects required by subsection (b)(3), the water supplier shall include language established by the EPA for the contaminant specified in 40 CFR Part 141, Subpart Q, Appendix B (relating to mandatory health effects language) and incorporated by reference, or language established by the Department by regulations or order. The health effects language for fluoride is not incorporated by reference. A public water system shall include the health effects language specified in §  109.411(d)(1) (relating to content of a public notice) in each public notice required for violation of the primary MCL of 2 mg/L for fluoride.

 (c)  Notice by the Department. If a water supplier fails to give notice to the public as required by this section, the Department may perform this notification on behalf of the supplier of water and may assess costs of notification on the responsible water supplier. Issuance of public notice by the Department under the section does not divest a public water supplier of legal responsibility for issuance of public notification otherwise required by the subchapter.

 (d)  CCR requirements. A bulk water supplier that is determined by the Department to serve at least 25 of the same persons year-round shall prepare and deliver a CCR to each bill-paying customer in accordance with §  109.416 (relating to CCR requirements).

   The provisions of the §  109.1004 adopted May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894. Immediately preceding text appears at serial pages (281943) to (281945).

 (a)  General permit requirement. A person may not construct or operate a bottled water or vended water system, retail water facility or bulk water hauling system without first having obtained a public water system permit under subsection (b) or (e).

 (b)  Special permit by rule requirement for vended water systems.

   (1)  A person constructing and operating a vended water system shall obtain a separate and distinct permit under subsection (d) for each water vending machine owned by the same person unless the vended water system satisfies the conditions in this subsection. A separate and distinct permit by rule will be required for each Department region in which the water vending machines are located. The Department retains the right to require a vended water system that meets the requirements of this subsection to obtain a permit, if, in the judgment of the Department, the vended water system cannot be adequately regulated through the standardized specifications and conditions. A vended water system which is released from the obligation to obtain a permit shall comply with the other requirements of this subchapter, including design, construction and operation requirements.

     (i)   A vended water system in which all water vending machines are located in the same Department region.

     (ii)   A vended water system which has as its sole source of water, finished water from existing permitted community water systems and uses only NAMA approved water vending machines satisfies the permit requirement of the act.

   (2)  A vended water system covered under this subsection shall register with the Department on forms provided by the Department. Amendments to the registration shall be filed when a substantial modification is made to the system. Descriptions of modifications shall be filed within 30 days of operation of the modification.

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

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

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

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

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

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

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

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

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

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

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

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

 (e)  Permit applications. An application for a public water system permit for a bottled water or vended water system, retail water facility or bulk water hauling system shall be submitted in writing on forms provided by the Department and shall be accompanied by plans, specifications, engineer’s report, water quality analyses and other data, information or documentation reasonably necessary to enable the Department to determine compliance with the act and this chapter. The Department will make available to the applicant the Public Water Supply Manual, available from the Bureau of Water Supply Management, Post Office Box 8467, Harrisburg, Pennsylvania 17105-8467 which contains acceptable design standards and technical guidance. Water quality analyses shall be conducted by a laboratory certified under this chapter. An application for a public water system permit for a bottled water or vended water system, retail water facility or bulk water hauling system shall include:

   (1)  The signature of the appropriate individual identified in §  109.503(a)(1)(i) (relating to public water system construction permits).

   (2)  Plans, specifications and engineer’s report or modules prepared by or under the supervision of a professional engineer registered to practice in this Commonwealth, or in the state in which the water system is located, except that manufacturer’s drawings and specifications for equipment or vending machines may be submitted in lieu of plans and specifications, as prescribed in this section, for the equipment or machines.

   (3)  The front cover or flyleaf of each set of drawings, and of each copy of the specifications and engineer’s report, except for manufacturer’s drawings and specifications, shall bear the signature and imprint of the seal of the registered professional engineer. Each drawing shall bear an imprint or a legible facsimile of the seal.

   (4)  Information describing new sources as follows:

     (i)   A comprehensive sanitary survey of the physical surroundings of each new source of raw water.

     (ii)   An evaluation of the quantity and quality of the raw water available from each new source. The evaluation shall include data for each primary and secondary contaminant and other contaminants the Department determines necessary to evaluate potability of the source. When a new source is finished water from another public water system, the most recent quality data if in compliance with the monitoring requirements of this chapter, obtained from the public water system supplying the finished water may be submitted.

   (5)  An erosion and sedimentation control plan which meets the requirements in Chapter 102 (relating to erosion and sediment control) when earthmoving activities are involved.

   (6)  In lieu of compliance with paragraphs (2)—(5), the Department may accept approval of an out-of-State systems’ source and facilities by the agency having jurisdiction over drinking water in that state if the supplier submits proof of the approval by the other State agency.

   (7)  In addition to the information required under paragraphs (1)—(6), an application for a bottled water system permit shall include:

     (i)   An analysis of the quality of the manufactured water for each bottled water product. The analysis shall include data for each primary and secondary contaminant under §  109.1002 (relating to MCLs, MRDLs or treatment techniques).

     (ii)   A copy of each label of identification to be affixed to each type of bottled water product and trade name distributed by the public water system.

     (iii)   Proof that the system is in compliance with the standards of the Food and Drug Administration contained in 21 CFR Part 129.

       (A)   For out-of-State bottled water systems, the proof shall consist of the report issued by a Nationally recognized organization which inspects bottled water systems for compliance with 21 CFR Part 129, such as NSF, or another organization, state or country which utilizes an inspection protocol as stringent as NSF’s protocol.

       (B)   For in-State bottled water systems, the proof shall consist of an inspection report issued by the Department.

   (8)  In addition to the information required under paragraphs (1)—(6), an application for a bulk water hauling system shall include:

     (i)   A detailed description of each water transportation tank, fill connection, outlet valve, hose, pump and other appurtenances including the manner in which they will be protected from contamination.

     (ii)   A description of the exact location where withdrawals will be made from each source of supply.

   (9)  In addition to the information required under paragraphs (1)—(6), an application for a vended water system shall include:

     (i)   A description of the exact location of each water vending machine.

     (ii)   A copy of the system’s operation and maintenance plan detailing machine maintenance schedules.

     (iii)   A copy of the NAMA certification for each type of machine, if a certification has been issued.

   (10)  In addition to the information required under paragraphs (1)—(6), an application for a retail water facility shall include:

     (i)   A copy of NSF certificates, when applicable, for system components.

     (ii)   A copy of product labels, when applicable.

 (f)  Permit amendment applications. A bottled water or vended water system, retail water facility or bulk water hauling system operating under a public water system permit shall obtain a permit amendment before making a substantial modification to the public water system.

   (1)  A water supplier shall submit an application for a major permit amendment in accordance with subsection (e), if the proposed modification constitutes a major change to the public water system.

     (i)   For bottled water systems and retail water facilities, typical modifications which may be considered major changes are proposed new sources, additions or deletions of treatment techniques or processes and new types of products.

     (ii)   For bulk water hauling systems typical modifications which may be considered major changes are proposed new sources, additions or deletions of treatment techniques or processes, pumping stations and storage reservoirs.

     (iii)   For vended water systems, typical modifications which may be considered major changes are proposed additions or deletions of treatment techniques or processes, new product lines or types of products and the addition to the system of machines not certified by NAMA. For new sources, the supplier shall obtain a separate and distinct permit in accordance with subsection (e) unless the system qualifies for a permit-by-rule under subsection (b).

   (2)  A water supplier shall submit a written request to the Department for a minor permit amendment if the proposed modification constitutes a relatively minor change to the public water system. A request for a permit amendment under this paragraph shall describe the proposed change in sufficient detail to allow the Department to adequately evaluate the proposal.

     (i)   For bottled water systems and retail water facilities, typical modifications which can generally be accomplished under this paragraph include:

       (A)   Changes in treatment chemicals.

       (B)   Construction of storage tanks designed to standard specifications.

       (C)   Installation of replacement equipment.

       (D)   Changes in legal status, such as transfers of ownership, incorporation or mergers.

     (ii)   For bulk water hauling systems, typical modifications which can generally be accomplished under this paragraph include:

       (A)   Changes in treatment chemicals.

       (B)   Replacement of tank or reservoir linings or similar materials in contact with the water supply.

       (C)   Additions and modifications to water carrier vehicles and standpipes designed to standard specifications.

       (D)   Transmission mains.

       (E)   Changes in legal status, such as transfers of ownership, incorporation or mergers.

     (iii)   For vended water systems, typical modifications which can generally be accomplished under this paragraph include changes in treatment chemicals, repair or replacement of machines, and the addition of new NAMA certified machines to a permitted vended water system.

   (3)  The Department determines whether a particular modification requires a permit amendment under subsection (f)(1) or a permit amendment under subsection (f)(2). The Department’s determination will include consideration of the magnitude and complexity of the proposed change and the compliance history of the public water system.

 (g)  Emergency permits. In emergency circumstances, the Department may issue permits for construction, operation or modification to a bottled water or bulk water hauling system, which the Department determines may be necessary to assure that potable drinking water is available to the public.

   (1)  Emergency permits shall be limited in duration and may be conditioned on additional monitoring, reporting and the implementation of appropriate emergency response measures. The Department may revoke an emergency permit if it finds the water system is not complying with drinking water standards or the terms or conditions of the permit. An authorization for construction, operation or modifications obtained under an emergency permit will not extend beyond the expiration of the emergency permit unless the public water system receives a permit or permit amendment under subsection (e) or (f) for the construction, operation or modification initiated during the emergency.

   (2)  State and Federal agencies conducting emergency response bulk water hauling operations need not obtain a permit under this subchapter, if a Department-approved source is utilized and adequate monitoring specified by the Department is conducted to assure compliance with the microbiological MCL specified in §  109.1002.

 (h)  Department’s review. Applications for public water system permits and permit amendments for bottled water and vended water systems, retail water facilities and bulk water hauling systems will be reviewed in accordance with the following procedures:

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

   (2)  The Department will not accept an application for review until the application is determined to be complete. A complete application is one which includes the information specified in this chapter and other information necessary for the Department to ensure compliance with this chapter.

   (3)  As a condition of receiving a public water system permit, a bottled water system shall comply with the standards of the Food and Drug Administration contained in 21 CFR Part 129. Evidence shall be presented demonstrating compliance with subsection (e)(7)(iii).

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

     (i)   Adherence to standards of the Department in Subchapter F (relating to design and construction standards) and §  109.1006 (relating to design and construction standards).

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

 (i)  Permit fees.

   (1)  An application for a new permit or major permit amendment under subsection (f)(1) for a bottled water or vended water system, retail water facility or bulk water hauling system shall be accompanied by a check in the amount of $750 payable to the ‘‘Commonwealth of Pennsylvania,’’ except that:

     (i)   An application from an out-of-State bottled water system submitting proof of out-of-State approval under subsection (e)(6) shall be accompanied by a fee of $100.

     (ii)   An application from a bottled water system, retail water facility or bulk water hauling system purchasing finished water, as its sole source of water, from a public water system operating under a permit issued under this chapter, and a vended water system permitted by rule, shall submit a fee of $300.

   (2)  A fee is not required for an emergency permit under subsection (g) or a minor permit amendment under subsection (f)(2).

   The provisions of this §  109.1005 adopted May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175; amended April 23, 1999, effective April 24, 1999, 29 Pa.B. 2231; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895. Immediately preceding text appears at serial pages (254836) to (254838), (266295) to (266296) and (254841) to (254843).

 (a)  Application of standards. Standards in this section apply to design and construction or modification of bottled water and vended water systems, retail water facilities and bulk water hauling systems regardless of whether a Department permit or permit amendment is required. The standards apply to new facilities and facility modifications unless otherwise specifically indicated.

 (b)  Acceptable design. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall be designed to provide an adequate quality of water to the public. The design shall ensure that the system will, upon completion, be capable of providing water that complies with the primary and secondary MCLs, MRDLs and treatment techniques established in §  109.1002 (relating to MCLs, MRDLs or treatment techniques). The Department may approve control techniques, such as nonremoval processes, which abate the problems associated with a secondary contaminant, and achieve the objective of the secondary MCL.

   (1)  Designs of bottled water and vended water systems, retail water facilities and bulk water hauling systems shall conform to accepted standards of engineering and design in the water supply, bottled water, retail water or bulk water hauling industry, as applicable.

   (2)  Designs of bottled water and vended water systems, retail water facilities and bulk water hauling systems shall be in accordance with Subchapter F (relating to design and construction standards) except that §  109.607 (relating to pressures) does not apply.

   The provisions of this §  109.1006 adopted May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895. Immediately preceding text appears at serial pages (254843) to (254844).

 (a)  General labeling requirements. Containers of bottled water distributed in this Commonwealth by bottled water systems, retail water facilities or, when appropriate, vended water systems, shall have labels which are designed to remain affixed to the container during use and which include the following information as required by this section. Labels with the following information on the caps of bottled water containers designed for reuse by the bottler are deemed to meet this requirement if the Department-issued identification number and the manufacture date, lot or batch number are on the bottle:

   (1)  The name and address of the water supplier together with the product trade name.

   (2)  The water source. When finished water is the source, the name of the public water system shall appear on the label.

   (3)  The Department identification number issued to the bottled or vended water system or retail water facility.

   (4)  The manufacture date, or a lot or batch number. The manufacturing date, or lot or batch number shall identify a specific set of primary containers or units of the same size, type and style, produced under conditions as nearly uniform as possible. A batch or lot may not extend for longer than 7 days.

   (5)  Labeling for mineral water shall include the words ‘‘mineral water.’’ Mineral water which exceeds the MCL for total dissolved solids shall include a statement on the label that the product exceeds the MCL for total dissolved solids.

   (6)  Labeling for artificially-fluoridated water shall include the words ‘‘fluoridated water.’’

 (b)  Corporate name and trade name. A bottled water system, vended water system or retail water facility whose corporate name contains the words ‘‘Spring,’’ ‘‘Well,’’ ‘‘Artesian,’’ ‘‘Mineral’’ or ‘‘Natural’’ or a derivative of those words, shall label each bottle with the trade name in typeface of at least equal size to the typeface of the corporate name.

 (c)  Special vending machine label. The name and address of the water supplier together with the Department identification number shall be provided in a conspicuous location on each machine. When water is prebottled from the water vending machine and made available on the shelf for sale, each container shall be labeled in accordance with subsections (a) and (b).

 (d)  Special retail water facility label. When water is prebottled from the retail water facility and made available on the shelf for sale, each container shall be labeled in accordance with subsections (a) and (b).

   The provisions of this §  109.1007 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).

   The provisions of this §  109.1007 adopted May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended April 23, 1999, effective April 24, 1999, 29 Pa.B. 2231. Immediately preceding text appears at serial pages (207296) to (207297).

 (a)  Reporting and recordkeeping requirements for bottled water and vended water systems, retail water facilities and bulk water hauling systems. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall comply with the reporting requirements in §  109.701(a) and (d) (relating to reporting and recordkeeping).

   (1)  In addition to the requirements in §  109.701(a) and (d), bottled water and vended water systems, retail water facilities and bulk water hauling systems shall comply with the following requirements:

     (i)   Annual product monitoring as required under §  109.1003 (relating to monitoring requirements) shall be reported to the Department by December 31 of each year.

     (ii)   Each bottled water system shall, by December 31 of each year, submit to the Department proof that the system is in compliance with the standards of the Food and Drug Administration in 21 CFR Part 129 (relatingto processing and bottling of bottled drinking water) as required by §  109.1009(b) (relating to system operational requirements). Proof shall consist of the report issued by a Nationally-recognized organization which inspects bottled water systems for compliance with 21 CFR Part 129, such as NSF, or another organization, state or country which utilizes an inspection protocol as stringent as NSF’s protocols.

     (iii)   A monthly operational report shall be prepared 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 shall include at least the following:

       (A)   The water produced daily.

       (B)   The chemicals added daily.

       (C)   The physical and chemical determinations taken daily.

       (D)   The maintenance performed.

       (E)   The operational problems and how they have been corrected.

     (iv)   By March 31, an Annual Water Supply Report for the previous calendar year shall be submitted on forms provided by the Department or in a form acceptable to the Department. This report shall include at least the following:

       (A)   Information related to water produced or hauled for the year.

       (B)   A summary of sanitary surveys conducted by the water supplier, including, when applicable, updates to the operation and maintenance plan and cross-connection control program.

       (C)   Updates to the plan for product recall required under subsection (e).

   (2)  The bottled water, vended water, retail water or bulk water supplier shall retain on the premises of the public water system or at a convenient location near the premises all records in accordance with the schedule in §  109.701(d).

   (3)  For bottled water systems and, if applicable, vended water systems and retail water facilities, new or additional proprietary labels shall be reported to the Department in writing, along with copies of the labels, within 10 days following production or distribution of the new or additional label product. The new or additional proprietary labels may be submitted to the Department prior to the product production if the water supplier desires initial Department review. The new or additional proprietary labels shall comply with §  109.1007 (relating to labeling requirements for bottled water systems, vended water systems and retail water facilities).

 (b)  Operation and maintenance plan requirements. Bottled water, vended water, retail water and bulk water suppliers shall develop an operation and maintenance plan for each system. The operation and maintenance plan shall conform to the guidelines contained in Part III of the Department’s Public Water Supply Manual which is available from the Bureau of Water Supply Management, Post Office Box 8467, Harrisburg, Pennsylvania 17105-8467. The water supplier shall implement the operation and maintenance plan in accordance with this chapter, and if appropriate in accordance with accepted practices of the bottled water, vended water, retail water facility or bulk water hauling industry. The plan shall be reviewed and updated as necessary to reflect changes in the operation or maintenance of the water system. The plan shall be bound and placed in locations which are readily accessible to the water system’s personnel, and shall be presented upon request to the Department.

 (c)  Operator requirements. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall have competent personnel qualified to operate and maintain the system’s facilities.

 (d)  Sanitary survey requirements. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall conduct a sanitary survey of the water system at least annually, the survey to include the activities listed in paragraphs (1)—(4). A bottled water, vended water, bulk water hauling system or retail water facility obtaining finished water from a permitted public water system is not required to perform the activities in paragraphs (1) and (2) if the Department determines that there are no potential problems necessitating inspection and evaluation of the source.

   (1)  Watershed surveillance consisting of an inspection of portions of the drainage area necessary to identify and evaluate actual and probable sources of contamination.

   (2)  Evaluation of source construction and protection and, when appropriate, withdrawal and transmission facilities.

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

   (4)  Evaluation of finished water storage facilities.

 (e)  Emergency response requirements.

   (1)  A bottled water, vended water, retail water or bulk water supplier who knows or has reason to believe that circumstances exist which may adversely affect the quality of drinking water supplied by the system, shall notify the Department immediately under §  109.1004 (relating to public notification).

   (2)  The bottled water, vended water, retail water or bulk water supplier shall develop a plan for product recall under emergency circumstances, and submit the plan to the Department for approval. The plan shall:

     (i)   Identify detailed procedures for implementing product recalls, including emergency communications and notifications.

     (ii)   Be kept on file in a readily accessible location by the bottled water, vended water, retail water or bulk water supplier.

     (iii)   Be reviewed and updated at least annually. A copy of the update shall be included in the annual water supply report to the Department under this section.

 (f)  Cross-connection control program. At the direction of the Department, the bottled water, vended water, retail water or bulk water supplier shall develop and implement a comprehensive control program for the elimination of existing cross-connections or the effective containment of sources of contamination, and prevention of future cross connections. A description of the program, including the following information, shall be submitted to the Department for approval:

   (1)  A description of the methods and procedures to be used.

   (2)  An implementation schedule for the program.

   (3)  A description of the methods and devices which will be used to protect the water system.

   The provisions of this §  109.1008 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).

   The provisions of this §  109.1008 adopted May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended April 23, 1999, effective April 24, 1999, 29 Pa.B. 2231. Immediately preceding text appears at serial pages (207297) to (207300).

 (a)  General facilities operation. Facilities of bottled water and vended water systems, retail water facilities and bulk water hauling systems 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)  Special bottled water system requirements. Bottled water systems shall be operated in accordance with the standards of the Food and Drug Administration in 21 CFR Part 129 (relating to processing and bottling of bottled drinking water). Proof of this determination shall be submitted to the Department annually under §  109.1008(a)(1)(ii) (relating to system management responsibilities).

 (c)  Disinfectant residual requirements. A disinfectant residual acceptable to the Department shall be maintained at the entry point of the bottled water or vended water system, retail water facility or bulk water hauling system sufficient to assure compliance with the microbiological MCL specified in §  109.1002 (relating to MCLs, MRDLs or treatment techniques). 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.

 (d)  Disinfection of facilities following construction, modification or repair. After repairing, constructing or modifying a bottled water, vended water, retail water or bulk water hauling facility and before the facility is placed in service, it shall be properly cleaned and disinfected. Cleaning shall be in accordance with 21 CFR 129.80(c) and (d) (relating to processes and controls) and disinfection shall be with 50 ppm chlorine for 1 minute at 75°F or the equivalent.

 (e)  Dedicated equipment. Bottled water, vended water, retail water and bulk water may not be transported, stored or processed through equipment or lines used for any nonfood product. Bottled water, vended water, retail water and bulk water transported, stored or processed through equipment used for a food product other than water shall comply with the following cleaning and disinfection procedures:

   (1)  When foods other than milk or dairy products have been transported, stored, processed or bottled, each time before water is transported, stored, processed or bottled through the same lines or equipment, product contact surfaces shall be thoroughly cleaned and disinfected in accordance with subsection (d).

   (2)  When milk or other dairy products are transported, stored or processed or bottled through the same lines or equipment as bottled water, vended water, retail water and bulk water, the feed line used to convey water to the filler shall be dedicated to water only. Each time before water is transported, stored or processed or bottled, other product contact surfaces shall be disassembled and cleaned in accordance with subsection (d).

 (f)  Special operational requirements for bottled water systems and retail water facilities.

   (1)  Bottled water systems and retail water facilities using ozone as a final disinfectant shall maintain an ozone residual of 0.1—0.4 ppm in the bottle immediately after filling.

   (2)  When ozone is used as a disinfectant for bottled water or retail water, gaskets, o-rings and similar flexible material shall be made of silicone rubber, teflon or other ozone-resistant material. These flexible parts shall be replaced when they show evidence of surface deterioration.

 (g)  Special operational requirements for water vending machine systems.

   (1)  Each vending machine shall be cleaned, serviced and sanitized in accordance with the manufacturer’s service manuals, but at least once every 2 weeks. A record of all cleaning and maintenance operations for each machine shall be kept by the operator with a copy retained in the interior of the machine.

   (2)  A notice to consumers listing the industry’s recommendations for the care, cleaning and type of container suitable for use with the water vending machine shall be posted at each water vending machine.

 (h)  Special operational requirements for bulk water hauling systems.

   (1)  Transportation tanks or containers shall be sealed at all times except when being cleaned, filled or when water is being delivered.

   (2)  Hoses, pumps, connections and fittings shall be sanitized prior to delivering water using a disinfectant solution containing at least 50 ppm of chlorine at 75°F for 1 minute or the equivalent.

   (3)  Hoses, pumps, connections and fittings used for loading and delivering potable water shall be stored, capped or covered and used so as to be protected from contamination at all times.

   (4)  A record of cleaning and sanitizing activities conducted on the interior of the transportation tank or transfer equipment shall be maintained with the vehicle and shall be available to the Department upon request.

   The provisions of this §  109.1009 adopted May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895. Immediately preceding text appears at serial pages (254848) to (254849) and (207301) to (207302).

   This section cited in 25 Pa. Code §  109.1008 (relating to system management responsibilities).

Subchapter K. LEAD AND COPPER

Sec.

 (a)  This subchapter establishes treatment technique requirements that include requirements for corrosion control treatment, lead service line replacement and public education. These requirements are triggered, in some cases, by samples collected at consumers’ taps which exceed a lead or copper action level.

 (b)  This subchapter applies to community water systems and nontransient noncommunity water systems. For purposes of this subchapter, the systems are classified as either large, medium or small, based on the population served by the system. A large water system serves more than 50,000 persons. A medium water system serves more than 3,300 and fewer than or equal to 50,000 persons. A small water system serves 3,300 or fewer persons.

 (a)  Action levels for lead and copper.

   (1)  The lead action level is 0.015 mg/L.

   (2)  The copper action level is 1.3 mg/L.

   (3)  An action level is exceeded when the concentration of a contaminant in more than 10% of tap water samples collected during a monitoring period conducted in accordance with §  109.1103 (relating to monitoring requirements) is greater than the action level.

 (b)  Treatment technique requirement for corrosion control.

   (1)  Optimal corrosion control treatment. A community water system or nontransient noncommunity water system shall provide optimal corrosion control treatment which minimizes the lead and copper concentrations at users’ taps while ensuring that the treatment does not cause the system to violate a primary MCL. Water systems deemed to have optimized corrosion control treatment under this subsection shall operate in compliance with Department designated water quality parameters and continue to conduct lead and copper tap monitoring. A system may achieve optimal corrosion control treatment in one of the following ways:

     (i)   A small or medium water system is deemed to have optimized corrosion control if the system does not exceed either the lead or copper action level during each of two consecutive 6-month monitoring periods conducted in accordance with §  109.1103. If the system thereafter exceeds an action level during a monitoring period, the system shall complete applicable compliance activities under paragraph (2). The Department may require a system to repeat compliance activities previously completed when the Department determines that this is necessary for the system to achieve optimal corrosion control treatment.

     (ii)   A water system is deemed to have optimized corrosion control if the system demonstrates to the Department that for two consecutive 6-month monitoring periods conducted in accordance with §  109.1103 that the system does not exceed a lead or copper action level and the difference between the 90th percentile tap water lead level and the highest source water lead concentration is less than 0.005 mg/L, which is the Practical Quantitation Level for lead. To make this demonstration, the system shall collect one sample for lead from each entry point during a monitoring period prior to initiation of construction or modification of corrosion control treatment facilities. If the system thereafter exceeds an action level during a monitoring period, the system shall complete applicable compliance activities under paragraph (2). The Department may require a system to repeat compliance activities previously completed when the Department determines that this is necessary for the system to achieve optimal corrosion control treatment.

     (iii)   A system is deemed to have optimized corrosion control if the system installs new corrosion control treatment facilities or modifies existing treatment in accordance with paragraph (2) and operates in compliance with water quality parameter performance requirements specified by the Department in a permit issued under §  109.1105(c) (relating to permit requirements).

     (iv)   Any water system deemed to have optimized corrosion control in accordance with this subsection shall continue monitoring for lead and copper at the tap no less frequently than once every 3-calendar years using the reduced number of sites specified in §  109.1103(e), and collecting the samples at times and locations specified in §  109.1103(e)(iv).

   (2)  Corrosion control treatment compliance schedule. A system shall comply with the following schedule unless the system achieves optimal corrosion control treatment under paragraph (1)(i) or (ii) prior to initiation of construction or modification of corrosion control treatment facilities.

     (i)