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   Bulk water hauling system—A public water system which provides water piped into a carrier vehicle and withdrawn by a similar means into the user’s storage facility or vessel.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

   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.

   Reliably and consistently below the MCL—

     (i)   For VOCs, SOCs and IOCs (with the exception of nitrate and nitrite), this means that each sample result is less than 80% of the MCL.

     (ii)   For nitrate and nitrite, this means that each sample result is less than 50% of the MCL.

   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; amended May 22, 2009, effective May 23, 2009, 39 Pa.B. 2661; corrected August 29, 2009, effective August 1, 2009, 39 Pa.B. 5119. Immediately preceding text appears at serial pages (317214), (290465) to (290466), (303167) to (303170) and (344191) to (344192).

   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).

   This section cited in 25 Pa. Code §  109.202 (relating to State MCLs, MRDLs and treatment technique requirements); 25 Pa. Code §  109.407 (relating to general public notification requirements); 25 Pa. Code §  109.408 (relating to tier 1 public notice—categories, timing and delivery of notice); 25 Pa. Code §  273.115 (relating to geology and groundwater description); 25 Pa. Code §  277.115 (relating to geology and groundwater description); 25 Pa. Code §  288.122 (relating to geology and groundwater description); and 25 Pa. Code §  289.122 (relating to geology and groundwater description).