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PA Bulletin, Doc. No. 08-2146a

[38 Pa.B. 6483]
[Saturday, November 29, 2008]

[Continued from previous Web Page]

Subchapter M.  ADDITIONAL REQUIREMENTS FOR GROUNDWATER SOURCES

Sec.

109.1301.Scope.
109.1302.Treatment technique requirements.
109.1303.Triggered monitoring requirements for groundwater sources.
109.1304.Assessment source water monitoring.
109.1305.Compliance monitoring.
109.1306.Information describing 4-log treatment and compliance monitoring.
109.1307.System management responsibilities.

§ 109.1301.  Scope.

   Beginning December 1, 2009, this subchapter applies to all public water systems that use groundwater excluding those systems that combine all of their groundwater with surface water or with groundwater under the direct influence of surface water prior to treatment under § 109.202(c)(1) (relating to State MCLs, MRDLs and treatment technique requirements). For the purpose of this subchapter, ''groundwater system'' is defined as any public water system meeting this applicability statement including systems obtaining finished groundwater from another supplier.

§ 109.1302.  Treatment technique requirements.

   (a)  Community groundwater systems. Community groundwater systems are required to provide continuous disinfection under § 109.202(c)(2) (relating to State MCLs, MRDLs and treatment technique requirements) and in addition shall:

   (1)  Comply with triggered monitoring requirements under § 109.1303 (relating to triggered monitoring requirements for groundwater sources) until beginning compliance monitoring under paragraph (5).

   (2)  Maintain at each groundwater entry point a residual disinfectant concentration no less than 0.4mg/L expressed as free chlorine or its equivalent as approved by the Department, or other minimum residual specified by the Department.

   (3)  Demonstrate how at least 4-log treatment of viruses will be provided by submitting information as required under § 109.1306 (relating to information describing 4-log treatment and compliance monitoring) when directed by the Department or no later than:

   (i)  October 1, 2010, for systems serving more than 500 persons.

   (ii)  October 1, 2011, for systems serving 100 to 500 persons.

   (iii)  October 1, 2012, for systems serving less than 100 persons.

   (4)  Provide at least 4-log treatment of viruses prior to each groundwater entry point when directed by the Department or no later than:

   (i)  January 1, 2011, for systems serving more than 500 persons.

   (ii)  January 1, 2012, for systems serving 100 to 500 persons.

   (iii)  January 1, 2013, for systems serving less than 100 persons.

   (iv)  A Department-approved alternative compliance schedule.

   (5)  Conduct compliance monitoring as described in § 109.1305 (relating to compliance monitoring) when directed by the Department following notification of approval by the Department that at least 4-log treatment of viruses has been demonstrated for a groundwater source or sources.

   (6)  Provide at least 4-log treatment of viruses for new sources permitted after December 1, 2009, and conduct compliance monitoring as described in § 109.1305 beginning the first day the entry point is put into service.

   (b)  Noncommunity groundwater systems including bottled water and vended water systems, retail water facilities and bulk water hauling systems.

   (1)  Noncommunity groundwater systems may demonstrate at least 4-log treatment of viruses is provided prior to a groundwater entry point by submitting information as required under § 109.1306. Systems demonstrating at least 4-log treatment of viruses under this paragraph shall:

   (i)  Conduct compliance monitoring as described in § 109.1305 when directed by the Department following notification of approval by the Department that at least 4-log treatment of viruses has been demonstrated for a groundwater source or sources.

   (ii)  Comply with triggered monitoring requirements under § 109.1303 until beginning compliance monitoring under subparagraph (i).

   (2)  Noncommunity groundwater systems not demonstrating at least 4-log treatment to the Department shall:

   (i)  Comply with triggered monitoring requirements under § 109.1303.

   (ii)  Comply with the requirements of assessment source water monitoring as described in § 109.1304 (relating to assessment source water monitoring) if the Department determines a groundwater source is at risk to fecal contamination. The Department will consider any factors that identify sources at risk to fecal contamination, including one or more of the following:

   (A)  Sensitivity of the source aquifer to fecal contamination.

   (B)  Proximity to sources of fecal contamination.

   (C)  Microbiological sampling history.

   (c)  Groundwater systems with significant deficiencies or source water E. coli contamination.

   (1)  A groundwater system with a significant deficiency or an E. coli-positive groundwater source sample collected under § 109.505(3), § 109.1303(a) or § 109.1304(a) (relating to requirements for noncommunity water systems; triggered monitoring requirements for groundwater sources; and assessment source water monitoring) shall correct all significant deficiencies and, if directed by the Department, shall implement one or more of the following corrective actions:

   (i)  Provide an alternative source of water.

   (ii)  Eliminate the source of contamination.

   (iii)  Submit information required under § 109.1306 and provide treatment that reliably achieves at least 4-log treatment of viruses before or at the first customer for the groundwater source or sources.

   (2)  A groundwater system with a significant deficiency or an E. coli-positive groundwater source sample collected under § 109.1303(a) or § 109.1304(a) will receive one of the following forms of notification:

   (i)  Written notice from the Department of a significant deficiency.

   (ii)  Notification from a laboratory under § 109.810(b) (relating to reporting and notification requirements) that a groundwater source sample collected under § 109.1303(a) or § 109.1304(a) was found to be E. coli-positive.

   (iii)  Direction from the Department that an E. coli- positive collected under § 109.1303(a) requires corrective action.

   (3)  Within 30 days of receiving initial notification under paragraph (2), the groundwater system shall consult with the Department regarding the appropriate corrective action unless the Department directs the groundwater system to implement a specific corrective action.

   (4)  Within 120 days of receiving initial notification under paragraph (2), or earlier if directed by the Department, the groundwater system shall either:

   (i)  Have completed corrective action in accordance with applicable Department plan review processes or other Department guidance or direction, if any, including Department-specified interim measures.

   (ii)  Be in compliance with a Department-approved corrective action plan and schedule subject to the following conditions:

   (A)  The Department must also approve any subsequent modifications to a Department-approved corrective action plan and schedule.

   (B)  If the Department specifies interim measures for protection of the public health pending Department approval of the corrective action plan and schedule or pending completion of the corrective action plan, the system shall comply with these interim measures as well as with any schedule specified by the Department.

§ 109.1303.  Triggered monitoring requirements for groundwater sources.

   (a)  Groundwater systems not required to conduct compliance monitoring under § 109.1302 (relating treatment technique requirements), of one or more groundwater sources shall collect a source water sample for E. coli within 24 hours of notification of a total coliform-positive sample collected under § 109.301(3) (relating to general monitoring requirements). The system shall collect a sample from each groundwater source that is not provided with at least 4-log treatment of viruses and is connected to the distribution system from which the total coliform-positive sample was collected.

   (b)  The Department may extend the 24-hour time limit to a maximum of 72 hours if the system adequately demonstrates a logistical problem outside the system's control in having the source sample or 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-accredited laboratory are not available within the prescribed sample holding time.

   (c)  Systems that obtain written approval from the Department may conduct monitoring at one or more sources within the groundwater system that are representative of multiple sources used by that system and draw water from the same hydrogeologic setting.

   (d)  A groundwater source sample shall be collected at a location prior to any treatment.

   (e)  A public water system obtaining finished groundwater from another public water system shall notify the supplying system or systems within 24 hours of being notified of a total coliform-positive sample collected under § 109.301(3)(i).

   (f)  The following apply to an invalidation of an E. coli sample for groundwater source sampling:

   (1)  The Department may invalidate an E. coli-positive groundwater source sample collected under this section if:

   (i)  The system provides the Department with written notice from the laboratory that improper sample analysis occurred.

   (ii)  The Department determines and documents in writing that there is substantial evidence that the E. coli-positive groundwater source sample is not related to source water quality.

   (2)  If the Department invalidates an E.coli-positive groundwater source sample, the groundwater system shall collect a replacement source water sample under subsection (a) within 24 hours of being notified by the Department of its invalidation decision and have the replacement sample analyzed for E. coli. The Department may extend the 24-hour time limit on a case-by-case basis to 72 hours.

   (g)  For an E. coli-positive source water sample collected under subsection (a) that is not invalidated under subsection (f):

   (1)  The Department may require a groundwater system to perform a corrective action as described under § 109.1302 (c) (relating to treatment technique requirements).

   (2)  If the Department does not require corrective action under § 109.1302(c), the system shall collect five additional source water samples from the same source within 24 hours of being notified of the E. coli-positive sample. If one of the additional samples collected under this paragraph is E. coli-positive, the groundwater system shall perform a corrective action as described under § 109.1302 (c).

   (3)  The system shall comply with Tier 1 public notification requirements under § 109.408 (relating to Tier 1 public notice--form, manner and frequency of notice).

   (h)  Systems providing water to another public water system receiving notification under subsection (e) shall comply with subsection (a).

§ 109.1304.  Assessment source water monitoring.

   (a)  To enable the Department to determine if a groundwater system is using fecally-contaminated groundwater source, the Department may require a groundwater system to conduct monitoring for E. coli. If directed by the Department, a water supplier shall:

   (1)  Collect a total of 12 samples from each groundwater source, unless the system obtains written approval from the Department to conduct monitoring at one or more sources within the groundwater system that are representative of multiple sources used by that system and draw water from the same hydrogeologic setting.

   (i)  For sources providing water to the public 12 months out of the year, groundwater systems shall collect one sample during each month.

   (ii)  For sources providing water to the public for less than 12 months out of the year, groundwater systems shall collect 12 samples evenly distributed over the operational period.

   (iii)  Samples collected under § 109.1303(a)(3) (relating to triggered monitoring requirement for groundwater sources) may be used to satisfy the requirements of this subsection.

   (iv)  If a groundwater system obtains an E. coli-positive groundwater source sample, the groundwater system shall perform a corrective action as described under § 109.1302(c) (relating to treatment technique requirements).

   (v)  The groundwater system may discontinue assessment source water monitoring if the system demonstrates they provide at least 4-log treatment of viruses under § 109.1302(b)(1) or if directed by the Department.

   (2)  Collect groundwater source samples at a location prior to any treatment of the groundwater source.

   (3)  Collect a replacement groundwater source sample within 24 hours of being notified by the Department of its decision to invalidate a sample and have the replacement sample analyzed for E. coli.

   (b)  The following apply to an invalidation of an E. coli sample for groundwater source sampling:

   (1)  A groundwater system may obtain a Department invalidation of an E. coli-positive groundwater source sample collected under this section as follows:

   (i)  The system provides the Department with written notice from the laboratory that improper sample analysis occurred.

   (ii)  The Department determines and documents in writing that there is substantial evidence that the E. coli positive groundwater source sample is not related to source water quality.

   (2)  If the Department invalidates an E. coli-positive groundwater source sample, the groundwater system shall collect a replacement source water sample under subsection (a) within 24 hours of being notified by the Department of its invalidation decision and have the replacement sample analyzed for E. coli. The Department may extend the 24-hour time limit on a case-by-case basis to 72 hours.

§ 109.1305.  Compliance monitoring.

   (a)  Chemical disinfection. Groundwater systems demonstrating at least 4-log treatment of viruses using chemical disinfection shall monitor for and maintain the Department-determined residual disinfection concentration every day the system serves the public from the groundwater source.

   (1)  A groundwater system serving greater than 3,300 shall:

   (i)  Continuously monitor the residual disinfectant concentration at the entry point or other location approved by the Department and record the results at least every 15 minutes each day that water from the groundwater source is served to the public.

   (ii)  Maintain the Department-determined minimum residual disinfectant concentration every day the public water system serves water from the groundwater source to the public.

   (iii)  Conduct grab sampling every 4 hours until the continuous monitoring equipment is returned to service if there is a failure in the continuous monitoring equipment. The system shall resume continuous residual disinfectant monitoring within 14 days.

   (2)  A groundwater system serving 3,300 or fewer people shall comply with one of the following subparagraphs:

   (i)  The groundwater system shall maintain the Department-determined minimum residual disinfectant concentration every day the public water system serves water from the groundwater source to the public. The groundwater system shall take a daily grab sample at the entry point during the hour of peak flow or at any other time specified by the Department. If any daily grab sample measurement falls below the Department-determined minimum residual disinfectant concentration, the groundwater system shall take follow up samples every 4 hours until the residual disinfectant concentration is restored to the Department-determined minimum level.

   (ii)  Monitor the disinfectant residual concentration continuously and meet the requirements of paragraph (1).

   (b)  Membrane filtration. Groundwater systems demonstrating at least 4-log treatment of viruses using membrane filtration shall monitor the membrane filtration process in accordance with all Department-specified monitoring requirements and operate the membrane filtration in accordance with all Department-specified compliance requirements. A groundwater system that uses membrane filtration is in compliance with the requirement to achieve at least 4-log removal of viruses when the following conditions are met:

   (1)  The membrane has an absolute molecular weight cut-off (MWCO), or an alternate parameter that describes the exclusion characteristics of the membrane, that can reliably achieve at least 4-log removal of viruses.

   (2)  The membrane process is operated in accordance with Department-specified compliance requirements.

   (3)  The integrity of the membrane is intact.

   (c)  Alternative treatment. Groundwater systems demonstrating at least 4-log treatment of viruses using a Department-approved alternative treatment method, including a combination of treatment methods shall:

   (1)  Monitor the alternative treatment in accordance with all Department-approved monitoring requirements.

   (2)  Operate the alternative treatment in accordance with all compliance requirements that the Department determines to be necessary to achieve at least 4-log treatment of viruses.

§ 109.1306.  Information describing 4-log treatment and compliance monitoring.

   (a)  Systems demonstrating at least 4-log treatment of viruses under § 109.1302 (relating to treatment technique requirements) shall submit: information in writing on forms provided by the Department and may include plans, specifications, engineer's report, water quality analyses and other data, information or documentation reasonably necessary to enable the Department to evaluate:

   (1)  Treatment effectiveness.

   (2)  The methodology the system will use to comply with § 109.1305 (relating to compliance monitoring).

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

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

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

§ 109.1307.  System management responsibilities.

   (a)  Reporting. Groundwater systems shall comply with the following requirements and otherwise comply with § 109.701 (relating to reporting and recordkeeping):

   (1)  A groundwater system conducting compliance monitoring under § 109.1305 (relating to compliance monitoring):

   (i)  Shall report to the Department, for each entry point:

   (A)  The date, time and lowest residual disinfectant concentration each day.

   (B)  The date, duration and number of periods each day when the residual disinfectant concentration is less than the Department established minimum for more than 4 hours.

   (ii)  That experiences a breakdown in treatment shall notify the Department within 1 hour after the water system learns of the violation or the situation and provide public notice in accordance with § 109.408 (relating to Tier 1 public notice--form, manner and frequency of notice). A breakdown in treatment occurs whenever the system fails to meet, for greater than 4 continuous hours, any Department-specified requirements relating to:

   (A)  Minimum residual disinfectant concentration.

   (B)  Membrane operating criteria or membrane integrity.

   (C)  Alternative treatment operating criteria, if operation in accordance with the criteria or requirements is not restored within 4 hours.

   (2)  After completing any corrective action under § 109.1302(c) (relating to treatment technique requirements), a groundwater system shall notify the Department within 30 days of completion of the corrective action.

   (b)  Recordkeeping. Groundwater systems shall comply with § 109.701 and maintain the following information in their records:

   (1)  Corrective actions. Documentation shall be kept for at least 10 years.

   (2)  Notice to the public as required under Subchapter D (relating to public notification). Documentation shall be kept for at least 3 years.

   (3)  Records of invalidation of E. coli-positive groundwater source samples under §§ 109.1303(f) and 109.1304(b). Documentation shall be kept for at least 5 years.

   (4)  Records of notification to other public water systems. For a public water system obtaining groundwater from another public water system, documentation of notification to the supplier of total-coliform positive samples that are not invalidated under § 109.301(3)(iii) (relating to general monitoring requirements). Documentation shall be kept for at least 5 years.

   (5)  Compliance monitoring. For systems, including suppliers providing water to another public water system, that are required to perform compliance monitoring under § 109.1305 (relating to compliance monitoring):

   (i)  Documentation of the records of the Department-specified minimum disinfectant residual shall be kept for at least 10 years.

   (ii)  Documentation of the records of the lowest daily residual disinfectant concentration and records of the date and duration of any failure to maintain the Department-prescribed minimum residual disinfectant concentration for more than 4 hours, shall be kept for at least 5 years.

   (iii)  Documentation of the records of the Department-specified compliance requirements for membrane filtration and of parameters specified by the Department for Department-approved alternative treatment and records of the date and duration of any failure to meet the membrane operating, membrane integrity or alternative treatment operating requirements for more than 4 hours, shall be kept for at least 5 years.

[Pa.B. Doc. No. 08-2146. Filed for public inspection November 28, 2008, 9:00 a.m.]



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