Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 50 Pa.B. 4000 (August 1, 2020).

Pennsylvania Code



Subchapter A. GENERAL PROVISIONS


Sec.


109.1.     Definitions.
109.2.     Purpose.
109.3.     Scope.
109.4.     General requirements.
109.5.     Organization of chapter.
109.6.     Inspection authorization.
109.11—109.16.     [Reserved].
109.21.     [Reserved].
109.22.     [Reserved].
109.31—109.36.     [Reserved].
109.41—109.44.     [Reserved].
109.51.     [Reserved].
109.52—109.56.     [Reserved].
109.61.     [Reserved].
109.62.     [Reserved].
109.71—109.76.     [Reserved].

§ 109.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   ANSI—The American National Standards Institute, Inc. of New York, New York.

   Act—The Pennsylvania Safe Drinking Water Act (35 P. S. § §  721.1—721.17).

   Administrator—The Administrator of the EPA.

   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. This chapter incorporates by reference the BAT specified in 40 CFR Parts 141 and 142 (relating to National primary drinking water regulations; and National primary drinking water regulations implementation).

   Bag filter—A pressure-driven separation device that removes particulate matter larger than 1 micrometer using an engineered porous filtration media. It is typically constructed of a nonrigid, fabric filtration media housed in a pressure vessel in which the direction of flow is from the inside of the bag to outside.

   Bank filtration—A water treatment process that uses a well to recover surface water that has naturally infiltrated into groundwater through a riverbed or bank. Infiltration is typically enhanced by the hydraulic gradient imposed by a nearby pumping water supply or other well.

   Bin—A category based on the level of Cryptosporidium present in source water. Four potential bins exist, 1—4. The higher the bin, the higher the concentration of source water Cryptosporidium.

   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.

   CCRConsumer 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.

   Cartridge filter—A pressure-driven separation device that removes particulate matter larger than 1 micrometer using an engineered porous filtration media. It is typically constructed as rigid or semirigid, self-supporting filter elements housed in pressure vessels in which flow is from the outside of the cartridge to the inside.

   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.

   Combined distribution system—The interconnected distribution system consisting of the distribution systems of wholesale systems and of the public water systems that obtain finished water from another public water system.

   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, MRDL or treatment technique, 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, clarification, and granular media filtration. The clarification step must be a solid/liquid separation process where accumulated solids are removed during this separate component of the treatment system.

   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.

   DBP—Disinfection byproduct.

   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.

   Dual sample set—A set of two samples collected at the same time and same location, with one sample analyzed for TTHM and the other sample analyzed for HAA5. Dual sample sets are collected for the purposes of conducting an IDSE and determining compliance with the TTHM and HAA5 MCLs under Subchapter G (relating to system management responsibilities).

   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 is introduced into the distribution system of a public water system and is intended for distribution and consumption without further treatment, except as necessary to maintain water quality in the distribution system (for example, booster disinfection or addition of corrosion control chemicals).

   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.

   Flowing stream—A course of running water flowing in a definite channel.

   GAC10—A granular activated carbon filter bed with an empty bed contact time of 10 minutes based on average daily flow and a carbon reactivation frequency of every 180 days, except that the reactivation frequency for GAC10 used as a BAT shall be 120 days.

   GAC20—A granular activated carbon filter bed with an empty bed contact time of 20 minutes based on average daily flow and a carbon reactivation frequency of every 240 days.

   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.

   Groundwater—Water that is located within the saturated zone below the water table and is available to supply wells and springs.

   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.

   IDSE—Initial Distribution System Evaluation.

   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.

   LRAA—Locational running annual average—The average, computed quarterly, of quarterly arithmetic averages of all analytical results for samples taken at a particular monitoring location during the most recent 4 calendar quarters.

   Lake/reservoir—A natural or man made basin or hollow on the earth’s surface in which water collects or is stored that may or may not have a current or single direction of flow.

   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.

   Level 1 assessment—An evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices and, when possible, the likely reason that the system triggered the assessment.

   Level 2 assessment—An evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices and, when possible, the likely reason that the system triggered the assessment. This assessment provides a more detailed examination of the system, including the system’s monitoring and operational practices, than does a Level 1 assessment through the use of more comprehensive investigation and review of available information, additional internal and external resources, and other relevant practices.

   Liquid from dewatering processes—A stream containing liquids generated from a unit used to concentrate solids for disposal.

   Log inactivation—A measure of the amount of viable microorganisms that are rendered nonviable during disinfection processes and is defined as:

 Log inactivation = log

 Where,

 No = Initial concentration of viable microorganisms

 ND = Concentration of viable microorganisms after disinfection

 Log = Logarithm to base 10

 Log inactivation is related to percent inactivation, defined as:

 Percent inactivation =

 Common log-inactivation values and corresponding percent inactivation values include:

Log Inactivation Percent Inactivation
0.5-log 68.4%
1.0-log 90.0%
1.5-log 96.8%
2.0-log 99.0%
2.5-log 99.7%
3.0-log 99.9%
4.0-log 99.99%

 Log removal—A measure of the physical removal of a targeted contaminant or disease-causing microorganism (or its surrogate) during water treatment processes and is defined as:

 Log removal = log

 Where,

 No = Initial concentration of targeted contaminant or disease-causing microorganism (or its surrogate)

 NR = Concentration of targeted contaminant or disease-causing microorganism (or its surrogate) after removal

 Log = Logarithm to base 10

 Log removal is related to percent removal, defined as:

 Percent removal =

 Common log removal values and corresponding percent removal values include:

Log Removal Percent Removal
0.5-log 68.4%
1.0-log 90.0%
1.5-log 96.8%
2.0-log 99.0%
2.5-log 99.7%
3.0-log 99.9%
4.0-log 99.99%

 Log treatment—A measure of the removal or inactivation, or Department-approved combination of removal and inactivation, of a targeted contaminant or disease-causing microorganism (or its surrogate) during water treatment processes and is defined as:

 Log treatment = Log removal + Log inactivation

 Or,

 Log treatment = log

 Where,

 No = Initial concentration of a targeted contaminant or disease-causing microorganism (or its surrogate)

 NT = Concentration of a targeted contaminant or disease-causing microorganism (or its surrogate) after treatment

 Log = Logarithm to base 10

 Log treatment is related to percent treatment, defined as:

 Percent treatment =

 Common log treatment values and corresponding percent treatment values include:

Log Treatment Percent Treatment
0.5-log 68.4%
1.0-log 90.0%
1.5-log 96.8%
2.0-log 99.0%
2.5-log 99.7%
3.0-log 99.9%
4.0-log 99.99%


   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.

   Membrane filtration

     (i)   A pressure or vacuum driven separation process in which particulate matter larger than 1 micrometer is rejected by an engineered barrier, primarily through a size-exclusion mechanism, and which has a measurable removal efficiency of a target organism that can be verified through the application of a direct integrity test.

     (ii)   The term includes the common membrane technologies of microfiltration, ultrafiltration, nanofiltration and reverse osmosis.

   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.

   Microorganism—Any of a number of unicellular, multicellular or colonial bacteria, fungi, protozoa, archaea or viruses whose individuals are too small to be seen by the human eye without magnification.

   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.

   PDWEP—Guidelines for Public Drinking Water Equipment Performance issued by NSF.

   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.

   Plant intake—The works or structures at the head of a conduit through which water is diverted from a source (for example, a river or lake) into the treatment plant.

   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.

   Presedimentation—A preliminary treatment process used to remove gravel, sand and other particulate material from the source water through settling before the water enters the primary clarification and filtration processes in a treatment plant.

   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.

   RAA—Running annual average—The average, computed quarterly, of quarterly arithmetic averages of all analytical results for samples taken during the most recent 4 calendar quarters.

   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 defect—A defect that could provide a pathway of entry for microbial contamination into the distribution system or that is indicative of a failure or imminent failure in a barrier that is already in place.

   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.

   Seasonal system—A noncommunity water system that is not operated as a public water system on a year-round basis and starts up and shuts down at the beginning and end of each operating season.

   Sedimentation—A process for the removal of solids before filtration by gravity or separation.

   Significant deficiency—A defect in design, operation or maintenance, or a failure or malfunction of the sources, treatment, storage or distribution system that the Department determines to be causing, or has the potential for causing the introduction of contamination into the water delivered to consumers.

   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.

   Source water assessment—An evaluation documented in writing of the contamination potential of a drinking water source used by a public water system which includes identifying the contributing area to the water source, an inventory of potential contaminant sources and a determination of the susceptibility of the water source to contamination.

   Source water protection area—A surface water intake protection area or a wellhead protection area, or both.

   Source water protection program—A surface water intake protection program or a wellhead protection program, or both.

   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.

   Surface water intake protection area—The surface and subsurface area surrounding a surface-water intake supplying a public water system through which contaminants are reasonably likely to move toward and reach the water source. A surface water intake protection area must consist of up to three zones:

     (i)   Zone A. A 1/4-mile wide area inland from the edge of a waterway or surface water body and from an area 1/4-mile downstream of the intake to a 5-hour time-of-travel upstream.

     (ii)   Zone B. A 2-mile wide area inland from the edge of a waterway or surface water body and extending upstream to the 25-hour time-of-travel.

     (iii)   Zone C. For drainage basins greater than or equal to 100 square miles, the remainder of the upstream basin. Zone B and Zone C, if present, comprise the contributing area for the water source.

   Surface water intake protection program—A comprehensive program designed to protect each surface water source used by a public water system from contamination.

   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.

   2-stage lime softening—A process in which chemical addition and hardness precipitation occur in each of two distinct unit clarification processes in series prior to filtration.

   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 must consist of up to three zones:

     (i)   Zone I. The protective zone immediately surrounding a well, spring or infiltration gallery which shall be a 100-foot-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. As hydrogeologic conditions warrant, the zone beyond Zone II that provides groundwater recharge to Zones I and II. Zone II and Zone III, if present, comprise the contributing area for the water source.

   Wellhead protection program—A comprehensive program designed to protect each well, spring or infiltration gallery used by a public water system from contamination.

   Wholesale system—A public water system that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another public water system. Delivery may be through a direct connection or through the distribution system of one or more public water systems.

Authority

   The provisions of this §  109.1 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 §  109.1 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; 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; amended August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974. Immediately preceding text appears at serial pages (391296) to (391298), (347031) to (347032), (383381) to (383388) and (391299).

Notes of Decisions

   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).

Cross References

   This section cited in 25 Pa. Code §  78a.1 (relating to definitions); 25 Pa. Code §  109.202 (relating to State MCLs, MRDLs and treatment technique requirements); 25 Pa. Code §  109.301 (relating to general monitoring 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 §  109.1204 (relating to requirements for microbial toolbox components); 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); 25 Pa. Code §  289.122 (relating to geology and groundwater description); and 25 Pa. Code §  302.101 (relating to definitions).

§ 109.2. Purpose.

 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.

Source

   The provisions of this §  109.2 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 May 15, 1992, effective May 16, 1992, 22 Pa. B. 2621. Immediately preceding text appears at serial page (139067).

§ 109.3. Scope.

 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.

Source

   The provisions of this §  109.3 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479. Immediately preceding text appears at serial page (48003).

§ 109.4. General requirements.

 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.

Source

   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).

Cross References

   This section cited in 25 Pa. Code §  109.705 (relating to system evaluations and assessments).

§ 109.5. Organization of chapter.

 (a)  This subchapter and Subchapters H and N (relating to laboratory certification; and drinking water fees) 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.

 (e)  Subchapter L (relating to the long-term 2 enhanced surface water treatment rule) applies to all public water systems using surface water or GUDI sources.

 (f)  Subchapter M (relating to additional requirements for groundwater sources) 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).

Authority

   The provisions of this §  109.5 amended under section 4(a) of the Pennsylvania Safe Drinking Water Act (35 P.S. §  721.4(a)); and section 1920-A(b) of The Administrative Code of 1929 (71 P.S. §  510-20(b)).

Source

   The provisions of this §  109.5 adopted May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended December 23, 1994, effective December 24, 1994, 24 Pa.B. 6404; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279; amended August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974. Immediately preceding text appears at serial pages (391300) to (391301).

§ 109.6. Inspection authorization.

 (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.

Source

   The provisions of this §  109.6 adopted May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621.

§ § 109.11—109.16. [Reserved].


Source

   The provisions of these § §  109.11—109.16 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 (48004) and (49601).

§ 109.21. [Reserved].


Source

   The provisions of this §  109.21 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 page (49601).

§ 109.22. [Reserved].


Source

   The provisions of this §  109.22 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 page (49601).

§ § 109.31—109.36. [Reserved].


Source

   The provisions of these § §  109.31—109.36 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 (49602) and (28007).

§ § 109.41—109.44. [Reserved].


Source

   The provisions of these § §  109.41—109.44 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 (48007) to (48008).

§ 109.51. [Reserved].


Source

   The provisions of this §  109.51 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; corrected May 17, 1974, effective September 3, 1971, 4 Pa.B. 977; corrected July 6, 1979, effective November 2, 1974, 9 Pa.B. 2250; reserved December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479. Immediately preceding text appears at serial pages (48008) to (48009).

§ § 109.52—109.56. [Reserved].


Source

   The provisions of these § §  109.52—109.56 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 (48009), (42497) and (4609).

§ 109.61. [Reserved].


Source

   The provisions of this §  109.61 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 page (4609).

§ 109.62. [Reserved].


Source

   The provisions of this §  109.62 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 page (4609).

§ § 109.71—109.76. [Reserved].


Source

   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).



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