§ 109.1008. System management responsibilities.
(a) Reporting and recordkeeping requirements for bottled water and vended water systems, retail water facilities and bulk water hauling systems. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall comply with the reporting requirements in § 109.701(a) and (d) (relating to reporting and recordkeeping).
(1) In addition to the requirements in § 109.701(a) and (d), bottled water and vended water systems, retail water facilities and bulk water hauling systems shall comply with the following requirements:
(i) Annual product monitoring as required under § 109.1003 (relating to monitoring requirements) shall be reported to the Department by December 31 of each year.
(ii) Each bottled water system shall, by December 31 of each year, submit to the Department proof that the system is in compliance with the standards of the Food and Drug Administration in 21 CFR Part 129 (relatingto processing and bottling of bottled drinking water) as required by § 109.1009(b) (relating to system operational requirements). Proof shall consist of the report issued by a Nationally-recognized organization which inspects bottled water systems for compliance with 21 CFR Part 129, such as NSF, or another organization, state or country which utilizes an inspection protocol as stringent as NSF’s protocols.
(iii) A monthly operational report shall be prepared on forms provided by the Department or in a form acceptable to the Department. The report shall be maintained on file by the operator for at least 2 years and submitted upon request of the Department. The report shall include at least the following:
(A) The water produced daily.
(B) The chemicals added daily.
(C) The physical and chemical determinations taken daily.
(D) The maintenance performed.
(E) The operational problems and how they have been corrected.
(iv) By March 31, an Annual Water Supply Report for the previous calendar year shall be submitted on forms provided by the Department or in a form acceptable to the Department. This report shall include at least the following:
(A) Information related to water produced or hauled for the year.
(B) A summary of sanitary surveys conducted by the water supplier, including, when applicable, updates to the operation and maintenance plan and cross-connection control program.
(C) Updates to the plan for product recall required under subsection (e).
(2) The bottled water, vended water, retail water or bulk water supplier shall retain on the premises of the public water system or at a convenient location near the premises all records in accordance with the schedule in § 109.701(d).
(3) For bottled water systems and, if applicable, vended water systems and retail water facilities, new or additional proprietary labels shall be reported to the Department in writing, along with copies of the labels, within 10 days following production or distribution of the new or additional label product. The new or additional proprietary labels may be submitted to the Department prior to the product production if the water supplier desires initial Department review. The new or additional proprietary labels shall comply with § 109.1007 (relating to labeling requirements for bottled water systems, vended water systems and retail water facilities).
(4) In addition to the requirements of this subsection, bottled water and vended water systems, retail water facilities and bulk water hauling systems using surface water or GUDI sources shall also comply with the reporting and recordkeeping requirements of Subchapter L (relating to long-term 2 enhanced surface water treatment rule).
(5) In addition to the requirements of this subsection, bottled water and vended water systems, retail water facilities and bulk water hauling systems using groundwater sources, including purchased groundwater, shall also comply with the reporting and recordkeeping requirements of Subchapter M (relating to additional requirements for groundwater sources).
(b) Operation and maintenance plan requirements. Bottled water, vended water, retail water and bulk water suppliers shall develop an operation and maintenance plan for each system. The operation and maintenance plan shall conform to the guidelines contained in Part III of the Department’s Public Water Supply Manual which is available from the Bureau of Safe Drinking Water, Post Office Box 8467, Harrisburg, Pennsylvania 17105-8467. The water supplier shall implement the operation and maintenance plan in accordance with this chapter, and if appropriate in accordance with accepted practices of the bottled water, vended water, retail water facility or bulk water hauling industry. The plan shall be reviewed and updated as necessary to reflect changes in the operation or maintenance of the water system. The plan shall be bound and placed in locations which are readily accessible to the water system’s personnel, and shall be presented upon request to the Department.
(c) Operator requirements. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall have competent personnel qualified to operate and maintain the system’s facilities.
(d) Annual system evaluation requirements. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall conduct an evaluation of the water system at least annually that includes the activities listed in paragraphs (1)—(4). A bottled water, vended water, bulk water hauling system or retail water facility obtaining finished water from a permitted public water system is not required to perform the activities in paragraphs (1) and (2) if the Department determines that there are no potential problems necessitating inspection and evaluation of the source.
(1) Watershed surveillance consisting of an inspection of portions of the drainage area necessary to identify and evaluate actual and probable sources of contamination.
(2) Evaluation of source construction and protection and, when appropriate, withdrawal and transmission facilities.
(3) Treatment facilities inspection consisting of an evaluation of the effectiveness of the operation and maintenance procedures and the condition and operability of permitted facilities.
(4) Evaluation of finished water storage facilities.
(e) Emergency response requirements.
(1) A bottled water, vended water, retail water or bulk water supplier who knows or has reason to believe that circumstances exist which may adversely affect the quality of drinking water supplied by the system, shall notify the Department immediately under § 109.1004 (relating to public notification).
(2) The bottled water, vended water, retail water or bulk water supplier shall develop a plan for product recall under emergency circumstances, and submit the plan to the Department for approval. The plan shall:
(i) Identify detailed procedures for implementing product recalls, including emergency communications and notifications.
(ii) Be kept on file in a readily accessible location by the bottled water, vended water, retail water or bulk water supplier.
(iii) Be reviewed and updated at least annually. A copy of the update shall be included in the annual water supply report to the Department under this section.
(f) Cross-connection control program. At the direction of the Department, the bottled water, vended water, retail water or bulk water supplier shall develop and implement a comprehensive control program for the elimination of existing cross-connections or the effective containment of sources of contamination, and prevention of future cross-connections. A description of the program, including the following information, shall be submitted to the Department for approval:
(1) A description of the methods and procedures to be used.
(2) An implementation schedule for the program.
(3) A description of the methods and devices which will be used to protect the water system.
(g) Level 1 and Level 2 assessments. Bottled water systems, vended water systems, retail water facilities and bulk water hauling systems shall comply with the requirements of § 109.705(b) (relating to system evaluations and assessments). Bottled water systems, vended water systems, retail water facilities and bulk water hauling systems may use a Nationally-recognized organization which inspects bottled water systems for compliance with 21 CFR Part 129, such as NSF, or another organization, state or country which utilizes an inspection protocol as stringent as NSF’s protocols to conduct the Level 2 assessment.
(h) Seasonal systems. A bottled water system, vended water system, retail water facility or bulk water hauling system that operates as a seasonal system shall comply with the requirements of § 109.715 (relating to seasonal systems).
(i) Significant deficiencies. Bottled water and vended water systems, retail water facilities and bulk water hauling systems shall comply with § 109.705(d) and (e).
(j) Stage 2 Disinfectants/Disinfection Byproducts Rule monitoring plan and operational evaluation levels. A bulk water hauling system, vended water system or retail water facility that is determined by the Department to meet the definition of a community or nontransient noncommunity public water system and that uses a chemical disinfectant or that obtains finished water from another public water system that uses a chemical disinfectant or oxidant shall comply with § 109.701(g)(2).
Authority The provisions of this § 109.1008 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. § 721.4); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-7 and 510-20).
Source The provisions of this § 109.1008 adopted May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended April 23, 1999, effective April 24, 1999, 29 Pa.B. 2231; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279; amended September 23, 2016, effective September 24, 2016, 46 Pa.B. 6005; amended April 27, 2018, effective April 28, 2018, 48 Pa.B. 2509. Immediately preceding text appears at serial pages (383509) to (383512).
Cross References This section cited in 25 Pa. Code § 109.1003 (relating to monitoring requirements); and 25 Pa. Code § 109.1009 (relating to system operational requirements).
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