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Pennsylvania Code



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.

Authority

   The provisions of this Subchapter M adopted 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. § §  510-17 and 510-20), unless otherwise noted.

Source

   The provisions of this Subchapter M adopted December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279.

Cross References

   This subchapter cited in 25 Pa. Code §  109.5 (relating to organization of chapter); 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 §  109.304 (relating to analytical requirements); 25 Pa. Code §  109.407 (relating to general public notification requirements); 25 Pa. Code §  109.409 (relating to Tier 2 public notice—categories, timing and delivery of notice); 25 Pa. Code §  109.410 (relating to Tier 3 public notice—categories, timing and delivery of notice); 25 Pa. Code §  109.507 (relating to permits for innovative technology); 25 Pa. Code §  109.602 (relating to acceptable design); 25 Pa. Code §  109.701 (relating to reporting and recordkeeping); 25 Pa. Code §  109.801 (relating to certification requirement); 25 Pa. Code §  109.810 (relating to reporting and notification requirements); 25 Pa. Code §  109.1002 (relating to MCLs, MRDLs or treatment techniques); 25 Pa. Code §  109.1003 (relating to monitoring requirements); 25 Pa. Code §  109.1008 (relating to system management responsibilities); and 25 Pa. Code §  109.1409 (relating to noncommunity water system 4-log permit).

§ 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 either 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.

Source

   The provisions of this §  109.1301 adopted December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279.

Cross References

   This section cited in 25 Pa. Code §  109.1303 (relating to triggered monitoring requirements for groundwater sources).

§ 109.1302. Treatment technique requirements.

 (a)  Community groundwater systems. Community groundwater systems are required to provide continuous disinfection under §  109.202(c)(3) (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 0.40 mg/L expressed as free chlorine or its equivalent as approved by the Department, or other minimum residual approved by the Department as demonstrated under §  109.1306 (relating to information describing 4-log treatment and compliance monitoring) to provide 4-log treatment of viruses.

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

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

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

     (iii)   April 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 source 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 the first customer by submitting information as required under §  109.1306. Systems demonstrating at least 4-log treatment of viruses under this paragraph shall:

     (i)   Comply with compliance monitoring requirements under §  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 source water E. coli contamination or significant deficiencies.

   (1)  A groundwater system with an E. coli-positive groundwater source sample collected under §  109.505(a)(3) (relating to requirements for noncommunity water systems), §  109.1303(a) or §  109.1304(a) 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 the first customer for the groundwater source or sources and comply with compliance monitoring requirements under §  109.1305.

   (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.

   (3)  A groundwater system with a significant deficiency or an E. coli-positive source water sample collected under §  109.1303(a) or §  109.1304(a) shall comply with §  109.717 (relating to significant deficiencies).

Authority

   The provisions of this §  109.1302 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 §  109.1302 adopted December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279; 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 (391460) to (391462).

Cross References

   This section cited in 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 §  109.417 (relating to special notice for significant deficiencies by noncommunity water systems); 25 Pa. Code §  109.505 (relating to requirements for non-community water systems); 25 Pa. Code §  109.611 (relating to disinfection); 25 Pa. Code §  109.710 (relating to disinfectant residual in the distribution system); 25 Pa. Code §  109.901 (relating to requirements for a variance); 25 Pa. Code §  109.903 (relating to requirements for an exemption); 25 Pa. Code §  109.1303 (relating to triggered monitoring requirements for groundwater sources); 25 Pa. Code §  109.1304 (relating to assessment source water monitoring); 25 Pa. Code §  109.1306 (relating to information describing 4-log treatment and compliance monitoring); and 25 Pa. Code §  109.1307 (relating to system management responsibilities).

§ 109.1303. Triggered monitoring requirements for groundwater sources.

 (a)  Groundwater systems not required to conduct compliance monitoring under §  109.1302 (relating to treatment technique requirements), of one or more groundwater sources shall collect a source water sample within 24 hours of notification of a total coliform-positive routine sample collected under §  109.301(3)(i) (relating to general monitoring requirements) and have it analyzed for the presence of E. coli. The system shall collect a sample from each groundwater source that is not provided with Department-approved 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 under subsection (a) 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 prior to receiving notification of a total coliform-positive routine sample collected under §  109.301(3)(i) may conduct monitoring under subsection (a) at one or more sources within the groundwater system that are representative of multiple sources used by that system. The Department will consider any factors that identify sources as representative of multiple sources including one or more of the following:

   (1)  The sources draw water from the same hydrogeologic setting.

   (2)  Multiple distribution systems where no interconnection exists are supplied by separate sources.

 (d)  A groundwater source sample required under subsection (a) 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)  Prior to expiration of the 24-hour deadline under subsection (a), source water monitoring requirements are not required when one of the following apply:

   (1)  The Department determines and notifies the public water system that a total coliform-positive routine sample collected under §  109.301(3)(i) is caused by a distribution system deficiency.

   (2)  The total coliform-positive result has been invalidated by the Department under §  109.301(3)(iii).

 (g)  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.

 (h)  For an E. coli-positive source water sample collected under subsection (a) that is not invalidated under subsection (g), the system shall comply with Tier 1 public notification requirements under §  109.408 (relating to Tier 1 public notice—categories, timing and delivery of notice).

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

Authority

   The provisions of this §  109.1303 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 §  109.1303 adopted 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 (391462) to (391464).

Cross References

   This section cited in 25 Pa. Code §  109.303 (relating to sampling requirements); 25 Pa. Code §  109.408 (relating to Tier 1 public notice—categories, timing and delivery notice); 25 Pa. Code §  109.701 (relating to reporting and recordkeeping); 25 Pa. Code §  109.1302 (relating to treatment technique requirements); 25 Pa. Code §  109.1304 (relating to assessment source water monitoring); and 25 Pa. Code §  109.1307 (relating to system management responsibilities).

§ 109.1304. Assessment source water monitoring.

 (a)  To enable the Department to determine if a groundwater system is using a groundwater source with fecal contamination, the Department may require a groundwater system to conduct monitoring for E. coli. If directed by the Department to conduct monitoring under this section, a water supplier shall:

   (1)  Collect a total of 12 samples from each groundwater source.

     (i)   The system may obtain 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 the system. The Depart-ment will consider any factors that identify sources as representative of multiple sources drawing water from the same hydrogeologic setting.

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

     (iii)   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.

     (iv)   Samples collected under §  109.1303(a) (relating to triggered monitoring requirement for groundwater sources) may be used to satisfy the requirements of this subsection, if approved by the Department.

     (v)   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).

     (vi)   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.

 (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.

Source

   The provisions of this §  109.1304 adopted December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279.

Cross References

   This section cited in 25 Pa. Code §  109.408 (relating to Tier 1 public notice—categories, timing and delivery of notice); 25 Pa. Code §  109.1302 (relating to treatment technique requirements); and 25 Pa. Code §  109.1307 (relating to system management responsibilities).

§ 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-approved residual disinfection concentration every day the system serves the public from the groundwater source.

   (1)  A groundwater system serving greater than 3,300 people 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-approved 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 and notify the Department within 24 hours of the equipment failure that grab sampling is being conducted. Grab sampling or manual recording may not be substituted for continuous monitoring for longer than 5 working days after the equipment fails unless a longer period of time is approved by the Department.

   (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-approved 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 or other location approved by the Department 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-approved minimum residual disinfectant concentration, the groundwater system shall take follow up samples every 4 hours and record the results until the residual disinfectant concentration is restored to the Department-approved minimum level.

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

 (b)  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.

Authority

   The provisions of this §  109.1305 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 §  109.1305 adopted 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 (383530) to (383531).

Cross References

   This section cited in 25 Pa. Code §  109.1302 (relating to treatment technique requirements); 25 Pa. Code §  109.1306 (relating to information describing 4-log treatment and compliance monitoring); and 25 Pa. Code §  109.1307 (relating to system management responsibilities).

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

 (a)  Community water systems, noncommunity water systems which hold a valid operation permit under §  109.504 (relating to public water system operation permits) and bottled water and vended water systems, retail water facilities and bulk water hauling systems which hold a valid permit under §  109.1005 (relating to permit requirements) 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)  A noncommunity water system not covered under subsection (a) demonstrating at least 4-log treatment of viruses under §  109.1302 shall:

   (1)  File an amendment to the system description as described under §  109.505(a)(2)(ii) (relating to requirements for noncommunity water systems).

   (2)  Submit an application for a noncommunity water system 4-log treatment of groundwater sources permit. The application shall be submitted in writing on forms provided by the Department.

   (3)  Submit plans, specifications, engineer’s report, water quality analyses and other data, information or documentation reasonably necessary to enable the Department to determine compliance with the act and this chapter. The Department will make available to the applicant the Public Water Supply Manual, available from the Bureau of Safe Drinking Water, Post Office Box 8467, Harrisburg, Pennsylvania 17105 which contains acceptable design standards and technical guidance. Water quality analyses shall be conducted by a laboratory accredited under this chapter.

 (c)  Plans, specifications and engineer’s reports must 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 must bear the signature and imprint of the seal of the registered engineer. Drawings must bear an imprint or a legible facsimile of the seal.

Authority

   The provisions of this §  109.1306 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 §  109.1306 adopted 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 (383531) to (383532).

Cross References

   This section cited in 25 Pa. Code §  109.505 (relating to requirements for non-community water systems); 25 Pa. Code §  109.1302 (relating to treatment technique requirements); and 25 Pa. Code §  109.1307 (relating to system management responsibilities).

§ 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 or other Department-approved monitoring location:

       (A)   The date, time and lowest value each day the residual disinfectant concentration remains equal to or greater than the Department-required minimum value established under §  109.1306 (relating to information describing 4-log treatment and compliance monitoring).

       (B)   The initial date, time and value for each occurrence that the residual disinfectant concentration is less than the Department-required minimum, and the subsequent date, time and value that the residual disinfectant concentration is equal to or greater than the required minimum.

       (C)   Each date the entry point is not in operation.

     (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—categories, timing and delivery of notice). A breakdown in treatment occurs whenever the system fails to meet, for greater than 4 hours of operation, any Department-specified requirements relating to:

       (A)   Minimum residual disinfectant concentration.

       (B)   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 its 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(g) and 109.1304(b) (relating to triggered monitoring requirements for groundwater sources; and assessment source water monitoring). 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:

     (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 specified by the Department for Department-approved alternative treatment and records of the date and duration of any failure to meet alternative treatment operating requirements for more than 4 hours, shall be kept for at least 5 years.

Authority

   The provisions of this §  109.1307 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 §  109.1307 adopted 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 (383532) to (383533).

Cross References

   This section cited in 25 Pa. Code §  109.408 (relating to Tier 1 public notice—categories, timing and delivery of notice); and 25 Pa. Code §  109.701 (relating to reporting and recordkeeping).



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