Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

25 Pa. Code § 109.705. System evaluations and assessments.

§ 109.705. System evaluations and assessments.

 (a)  A community water supplier shall conduct an evaluation of the water system at least annually. The evaluation shall include the following activities:

   (1)  An inspection of portions of the source water protection area necessary to identify and evaluate actual and potential sources of contamination.

     (i)   An inspection of a source water protection area shall include a review of available information pertaining to possible sources of contamination such as underground storage tanks, onlot disposal systems and other activities that may have an adverse impact on water quality or quantity.

     (ii)   Specific hydrogeological studies of sources of contamination are not necessary unless required under §  109.4, §  109.602 or §  109.603 (relating to general requirements; acceptable design; and source quality and quantity) or other rules of the Department.

     (iii)   Revisions to the source water assessment if the inspection identified changes to actual or potential sources of contamination.

   (2)  Evaluation of intake structures and transmission facilities.

   (3)  Treatment facilities inspection consisting of an evaluation of the effectiveness of the operation and maintenance procedures and the condition and operability of permitted facilities.

   (4)  Evaluation of finished water storage facilities and the distribution system.

   (5)  Pressure surveys consisting of a measurement of pressures at representative points in the distribution system, which shall include new water line extensions. Surveys shall be made during periods of maximum and minimum usage. Records of these surveys shall show the date and time of the beginning and end of the test and the location at which the test was made.

   (6)  The results of the annual system evaluation must be documented and made available to the Department upon request.

 (b)  A public water system shall conduct Level 1 and 2 assessments required under §  109.202(c)(4) (relating to State MCLs, MRDLs and treatment technique requirements). The public water system shall also comply with any expedited actions or additional actions required by the Department in the case of an E. coli MCL violation.

   (1)  A Level 1 or Level 2 assessment must include review and identification of the following elements, at a minimum:

     (i)   Atypical events that could affect distributed water quality or indicate that distributed water quality was impaired.

     (ii)   Changes in distribution system maintenance and operation that could affect distributed water quality, including water storage.

     (iii)   Sources and treatment processes that impact distributed water quality.

     (iv)   Existing water quality monitoring data.

     (v)   Inadequacies in sample sites, sampling protocols and sample processing.

   (2)  Within 30 days of triggering a Level 1 or Level 2 assessment under §  109.202(c)(4), a public water system shall complete the appropriate assessment and submit a report to the Department on forms acceptable to the Department.

   (3)  A Level 1 assessment shall be conducted by competent personnel qualified to operate and maintain the water system’s facilities.

   (4)  A Level 2 assessment shall be conducted by one or more individuals meeting the following criteria:

     (i)   Holds a valid certificate issued under Chapter 302 (relating to administration of the water and wastewater systems operators’ certification program) to operate a water system.

     (ii)   Maintains certification in the appropriate class and subclassifications as defined in Chapter 302 for the size and treatment technologies for the water system being assessed.

   (5)  The Department may conduct a Level 1 or Level 2 assessment in addition to the assessment conducted by the public water system.

   (6)  In the completed assessment report, the public water system shall describe all sanitary defects identified, corrective actions completed and a proposed timetable for any corrective actions not already completed. The assessment report may also note that no sanitary defects were identified.

   (7)  If the Department determines that a Level 1 or Level 2 assessment is not sufficient, the public water system shall consult with the Department within 14 days of receiving written notification from the Department that the assessment is not sufficient. Following consultation, the Department may require a public water system to revise the assessment. A public water system shall submit a revised assessment form to the Department no later than 30 days from the date of consultation.

   (8)  Public water systems shall correct sanitary defects found through either a Level 1 or Level 2 assessment conducted in accordance with this subsection. For corrections not completed by the time of submission of the assessment report, the public water system shall complete the corrective actions in compliance with a timetable approved by the Department in consultation with the system. The system shall notify the Department when each scheduled corrective action is completed.

   (9)  At any time during the assessment or corrective action phase, either the public water system or the Department may request a consultation with the other party to determine the appropriate actions to be taken. The public water system may consult with the Department on all relevant information that may impact its ability to comply with a requirement of this subsection.

Authority

   The provisions of this §  109.705 amended under section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. §  721.4); and section 1920-A of The Administrative Code of 1929 (71 P.S. §  510-20).

Source

   The provisions of this §  109.705 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, Pa.B. 2621; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175; 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 August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974. Immediately preceding text appears at serial pages (391388) to (391390).

Cross References

   This section cited in 25 Pa. Code §  109.202 (relating to State MCLs, MRDLs and treatment technique requirements); 25 Pa. Code §  109.701 (relating to reporting and recordkeeping); 25 Pa. Code §  109.702 (relating to operation and maintenance plan); and 25 Pa. Code §  109.1008 (relating to system management responsibilities).



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