§ 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   Bulk water hauling system—A public water system which provides water piped into a carrier vehicle and withdrawn by a similar means into the user’s storage facility or vessel.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 th