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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 N. DRINKING WATER FEES


Sec.


109.1401.    General.
109.1402.    Annual fees.
109.1403.    Monitoring waiver fees.
109.1404.    Community and noncommunity water system permitting fees.
109.1405.    Permitting fees for general permits.
109.1406.    Permitting fees for bottled water and vended water systems, retail water facilities and bulk water hauling systems.
109.1407.    Feasibility study.
109.1408.    Noncommunity water system application for approval.
109.1409.    Noncommunity water system 4-log permit.
109.1410.    Payment of fees.
109.1411.    Disposition of funds.
109.1412.    Failure to remit fees.
109.1413.    Evaluation of fees.

Authority

   The provisions of this Subchapter N issued under section 4(a) and (c) of the Pennsylvania Safe Drinking Water Act (35 P.S. §  721.4(a) and (c)); and section 1920-A(b) of The Administrative Code of 1929 (71 P.S. §  510-20(b)), unless otherwise noted.

Source

   The provisions of this Subchapter N adopted August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974, unless otherwise noted.

Cross References

   This subchapter cited in 25 Pa. Code §  109.5 (relating to organization of chapter); 25 Pa. Code §  109.503 (relating to public water system construction permits); 25 Pa. Code §  1005 (relating to permit requirements); and 25 Pa. Code §  109.1108 (relating to fees).

§ 109.1401. General.

 (a)  This subchapter establishes fees for each public water system for services provided by the Department to implement the act, retain primacy, and protect the public health and safety.

 (b)  This subchapter applies to each public water system.

§ 109.1402. Annual fees.

 (a)  Annual fee. Beginning January 1, 2019, each public water system shall pay an annual fee as set forth in this section.

   (1)  For community water systems, the annual fees are as follows:

Population Served Fee
100 or less $250
101—500 $500
501—1,000 $1,000
1,001—2,000 $2,000
2,001—3,300 $4,000
3,301—5,000 $6,500
5,001—10,000 $10,000
10,001—25,000 $20,000
25,001—50,000 $25,000
50,001—75,000 $30,000
75,001—100,000 $35,000
100,001 or more $40,000

   (2)  For nontransient noncommunity water systems, the annual fees are as follows:

Population Served Fee
100 or less $100
101—500 $250
501—1,000 $500
1,001—3,300 $750
3,301 or more $1,000

   (3)  For transient noncommunity water systems, the annual fees are as follows:

Population Served Fee
100 or less $50
101—500 $100
501—1,000 $200
1,001 or more $500

   (4)  For bottled water or vended water systems, retail water facilities or bulk water hauling systems, the annual fees are as follows:

Type Fee
Bottled—in-State $2,500
Bottled—out-of-State $2,500
Vended $1,000
Retail $1,000
Bulk $1,000

 (b)  Basis for “population served.” The “population served” shall be based on the Department’s public water system inventory at the time of billing.

 (c)  Payment of fees.

   (1)  All fees payable under this section are due according to the following schedule:

Population Served Submit Annual Fee By
3,301 or more March 31
501—3,300 June 30
101—500 September 30
100 or less December 31

   (2)  New systems that begin operation after January 1 will not be assessed an annual fee for partial calendar year periods. Annual fees shall be payable on or before the date indicated in paragraph (1) of the next calendar year, and each year thereafter.

   (3)  For annual fees of $6,500 or more, a public water system may request to divide its annual fee payment into equal quarterly installments by submitting a written request to the Department. Quarterly installments shall be due on March 31, June 30, September 30 and December 31.

Cross References

   This section cited in 25 Pa. Code §  109.1412 (relating to annual fees).

§ 109.1403. Monitoring waiver fees.

 (a)  New waivers. An application for a new waiver from the monitoring requirements in § §  109.301 and 109.302 (relating to general monitoring requirements; and special monitoring requirements) for a single source must be accompanied by a fee as follows:

Waiver Type New Waiver Fee
VOC use waiver $100
SOC use waiver $100
SOC susceptibility waiver $300
IOC waiver $100

 (b)  Waiver renewals. An application for a waiver renewal from the monitoring requirements in § §  109.301 and 109.302 for a single source must be accompanied by the appropriate fee as follows:

   (1)  For renewal applications with no changes in land uses or potential sources of contamination, the fee is $50.

   (2)  For renewal applications with changes in land uses or potential sources of contamination, the fee will be based on the type of waiver and the fee for that waiver set forth in subsection (a).

 (c)  Waiver fees for systems with more than one source.

   (1)  For systems with multiple sources all in the same contributing area, the fee will be as indicated in subsection (a) or (b), as applicable. For groundwater systems, the contributing area is the surface area overlying the portion of the aquifer through which water is diverted to a well or flows to a spring or infiltration gallery.

   (2)  For systems with sources in two or more contributing areas, the fee will be as indicated in subsection (a) or (b), as applicable, for the first source, plus 1/2 of the applicable fee for each additional contributing area in which a source is located.

§ 109.1404. Community and noncommunity water system permitting fees.

 (a)  An application for a construction permit or a major construction permit amendment under §  109.503 (relating to public water system construction permits), except for an application for a bottled water or vended water system, retail water facility or bulk water hauling system facility under §  109.1005 (relating to permit requirements), must be accompanied by a fee as follows:

Population Served Fee
100 or less $300
101—500 $600
501—3,300 $1,000
3,301—10,000 $2,500
10,001—50,000 $5,000
50,001—100,000 $7,500
100,001 or more $10,000

 (b)  A written request for a minor construction permit amendment under §  109.503, except for a change in legal status must be accompanied by a fee as follows:

Population Served Fee
100 or less $100
101—500 $250
501—3,300 $500
3,301—10,000 $750
10,001—50,000 $1,000
50,001—100,000 $2,500
100,001 or more $5,000

 (c)  A written request for a change in legal status, such as a transfer of ownership, incorporation or merger, must be accompanied by a fee of $100.

 (d)  A written request for a new or amended operations permit under §  109.504 (relating to public water system operation permits) must be accompanied by a fee of $50.

 (e)  A written request for an emergency permit must be accompanied by a fee of $100.

§ 109.1405. Permitting fees for general permits.

 Fees for coverage under a general permit under §  109.511 (relating to general permits) will be established in the general permit. Fees may not exceed $500. An eligible person shall submit to the Department the applicable fee before the Department approves coverage under the general permit for that person.

§ 109.1406. Permitting fees for bottled water and vended water systems, retail water facilities and bulk water hauling systems.

 (a)  An application for a construction permit or a major construction permit amendment under §  109.1005 (relating to permit requirements), except an out-of-State facility or system using finished water as its sole source of water, must be accompanied by a fee as follows:

System Type Fee
Bottled water system (population served)
100 or less $500
101—500 $750
501—3,300 $1,000
3,301—10,000 $2,500
10,001—50,000 $5,000
50,001—100,000 $7,500
100,001 or more $10,000
Vended water system $100
Retail water facility $250
Bulk water hauling system $500

 (b)  An application from a bottled water system, retail water facility or bulk water hauling system whose sole source of water is finished water purchased from another public water system must be accompanied by a fee as follows:

System Type Fee
Bottled water system (population served)
100 or less $100
101—500 $250
501—3,300 $500
3,301—10,000 $750
10,001—50,000 $1,000
50,001—100,000 $2,500
100,001 or more $5,000
Retail water facility $100
Bulk water hauling system $100

 (c)  An application from an out-of-State bottled water system submitting proof of out-of-State approval under §  109.1005 must be accompanied by a fee of $1,000.

 (d)  A written request for a minor construction permit amendment under §  109.1005, except for a change in legal status, must be accompanied by a fee as follows:

System Type Fee
Bottled water system $1,000
Vended water system $100
Retail water facility $100
Bulk water hauling system $100

 (e)  A request for a change in legal status, such as a transfer of ownership, incorporation or merger, must be accompanied by a fee of $100.

 (f)  A written request for a new or amended operations permit must be accompanied by a fee of $50.

 (g)  A written request for an emergency permit must be accompanied by a fee of $100.

§ 109.1407. Feasibility study.

 An application for a review of a feasibility study or pilot study must be accompanied by a fee as follows:

Population ServedFee
100 or less $300
101—500$600
501—3,300 $1,000
3,301—10,000 $2,500
10,001—50,000$5,000
50,001—100,000 $7,500
100,001 or more $10,000

§ 109.1408. Noncommunity water system application for approval.

 For a noncommunity water system that is released from the obligation to obtain a construction and an operation permit under §  109.505 (relating to requirements for noncommunity water systems), the application for approval required under §  109.505(a)(2)(ii) must be accompanied by a fee of $50.

§ 109.1409. Noncommunity water system 4-log permit.

 For noncommunity water systems demonstrating 4-log treatment of viruses under Subchapter M (relating to additional requirements for groundwater sources), the permit application must be accompanied by a fee of $50.

§ 109.1410. Payment of fees.

 All fees under this subchapter shall be payable by a check to the “Commonwealth of Pennsylvania” or through a secure computer application provided by the Department.

§ 109.1411. Disposition of funds.

 All fees shall be paid into the State Treasury into a special restricted revenue account in the General Fund known as the Safe Drinking Water Account administered by the Department for use in protecting the public from the hazards of unsafe drinking water and which funds are hereby appropriated to the Department for the purposes as are authorized in the act.

§ 109.1412. Failure to remit fees.

 (a)  If fees are not remitted as required under §  109.1402 (relating to annual fees), interest will accrue on the entire amount from the original date payment was due at a rate of 6% per annum until payment is remitted.

 (b)  For any system delinquent in payment of fees in excess of 180 days, the Department may suspend technical services provided by the Department until payment is remitted.

§ 109.1413. Evaluation of fees.

 At least every 3 years, the Department will provide the EQB with an evaluation of the fees in this chapter and recommend regulatory changes to the EQB to address any disparity between the program income generated by the fees and the Department’s cost of administering the program with the objective of ensuring fees meet all program costs and programs are self-sustaining. The evaluation will include an assessment of program complement and workload.

Appendix A to Subchapter L. Long-Term 2 Enhanced Surface Water Treatment Rule.


Table 1. CT VALUES (MG•MIN/L) FOR Cryptosporidium INACTIVATION BY CHLORINE DIOXIDE1

Log Credit Water Temperature, ° C
‹=0.5 1 2 3 5 7 10 15 20 25 30
(i) 0.25 … 159 153 140 128 107 90 69 45 29 19 12
(ii) 0.5 … 319 305 279 256 214 180 138 89 58 38 24
(iii) 1.0 … 637 610 558 511 429 360 277 179 116 75 49
(iv) 1.5 … 956 915 838 767 643 539 415 268 174 113 73
(v) 2.0 … 1275 1220 1117 1023 858 719 553 357 232 150 98
(vi) 2.5 … 1594 1525 1396 1278 1072 899 691 447 289 188 122
(vii) 3.0 … 1912 1830 1675 1534 1286 1079 830 536 347 226 147
  1 Systems may use the equation to determine log credit between the indicated values: Log credit = (0.001506 x (1.09116)Temp) x CT.


Table 2. CT VALUES (MG•MIN/L) FOR Cryptosporidium INACTIVATION BY OZONE1

Log Credit Water Temperature, ° C
‹=0.5 1 2 3 5 7 10 15 20 25 30
(i) 0.25 … 6.0 5.8 5.2 4.8 4.0 3.3 2.5 1.6 1.0 0.6 0.39
(ii) 0.5 … 12 12 10 9.5 7.9 6.5 4.9 3.1 2.0 1.2 0.78
(iii) 1.0 … 24 23 21 19 16 13 9.9 6.2 3.9 2.5 1.6
(iv) 1.5 … 36 35 31 29 24 20 15 9.3 5.9 3.7 2.4
(v) 2.0 … 48 46 42 38 32 26 20 12 7.8 4.9 3.1
(vi) 2.5 … 60 58 52 48 40 33 25 16 9.8 6.2 3.9
(vii) 3.0 … 72 69 63 57 47 39 30 19 12 7.4 4.7
  1 Systems may use the equation to determine log credit between the indicated values: Log credit = (0.0397 x (1.09757)Temp) x CT.


Table 3. UV DOSE TABLE FOR Cryptosporidium, Giardia lambia, AND VIRUS INACTIVATION CREDIT

Log Credit
Cryptosporidium
UV dose (mJ/cm2)
Giardia lambia
UV dose (mJ/cm2)
Virus
UV dose (mJ/cm2)
(i) 0.5 … 1.6 1.5 39
(ii) 1.0 … 2.5 2.1 58
(iii) 1.5 … 3.9 3.0 79
(iv) 2.0 … 5.8 5.2 100
(v) 2.5 … 8.5 7.7 121
(vi) 3.0 … 12 11 143
(vii) 3.5 … 15 15 163
(viii) 4.0 … 22 22 186


Source

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

Appendix B to Subchapter L. Long-Term 2 Enhanced Surface Water Treatment Rule.


MICROBIAL TOOLBOX SUMMARY TABLE: OPTIONS, TREATMENT CREDITS AND CRITERIA



Toolbox Option Cryptosporidium treatment credit with design and implementation criteria
Source Protection and Management Toolbox Options
 (1) Watershed control program …  0.5-log credit for State-approved program comprising required elements, annual program status report to State, and regular watershed survey. Unfiltered systems are not eligible for credit. Specific criteria are in §  109.1204(b).
 (2) Alternative source/intake management …  No prescribed credit. Systems may conduct simultaneous monitoring for treatment bin classification at alternative intake locations or under alternative intake management strategies. Specific criteria are in §  109.1204(c).
Pre Filtration Toolbox Options
 (3) Presedimentation basin with coagulation …  0.5-log credit during any month that presedimentation basins achieve a monthly mean reduction of 0.5-log or greater in turbidity or alternative State-approved performance criteria. To be eligible, basins must be operated continuously with coagulant addition and all plant flow must pass through basins. Specific criteria are in §  109.1204(d).
 (4) Two-stage lime softening …  0.5-log credit for two-stage softening where chemical addition and hardness precipitation occur in both stages. All plant flow must pass through both stages. Single-stage softening is credited as equivalent to conventional treatment. Specific criteria are in §  109.1204(e).
 (5) Bank filtration …  0.5-log credit for 25-foot setback; 1.0-log credit for 50-foot setback; aquifer must be unconsolidated sand containing at least 10 percent fines; average turbidity in wells must be less than 1 NTU. Systems using wells followed by filtration when conducting source water monitoring must sample the well to determine bin classification and are not eligible for additional credit. Specific criteria are in §  109.1204(f).
Treatment Performance Toolbox Options
 (6) Combined filter
performance …
 0.5-log credit for combined filter effluent turbidity less than or equal to 0.15 NTU in at least 95 percent of measurements each month. Specific criteria are in §  109.1204(g).
(7) Individual filter
performance …
 0.5-log credit (in addition to 0.5-log combined filter performance credit) if individual filter effluent turbidity is less than or equal to 0.15 NTU in at least 95 percent of samples each month in each filter and is never greater than 0.3 NTU in two consecutive measurements in any filter. Specific criteria are in §  109.1204(h).
(8) Demonstration of
performance …
 Credit awarded to unit process or treatment train based on a demonstration to the State with a State-approved protocol. Specific criteria are in §  109.1204(i).
Additional Filtration Toolbox Options
 (9) Bag or cartridge filters (individual filters) …  Up to 2-log credit based on the removal efficiency demonstrated during challenge testing with a 1.0-log factor of safety. Specific criteria are in §  109.1204(j).
 (10) Bag or cartridge filters (in series) …  Up to 2.5-log credit based on the removal efficiency demonstrated during challenge testing with a 0.5-log factor of safety. Specific criteria are in §  109.1204(j).
(11) Membrane filtration …  Log credit equivalent to removal efficiency demonstrated in challenge test for device if supported by direct integrity testing. Specific criteria are in §  109.1204(k).
(12) Second stage filtration …  0.5-log credit for second separate granular media filtration stage if treatment train includes coagulation prior to first filter. Specific criteria are in §  109.1204(l).
(13) Slow sand filters …  2.5-log credit as a secondary filtration step; 3.0-log credit as a primary filtration process. No prior chlorination for either option. Specific criteria are in §  109.1204(m).
Inactivation Toolbox Options
 (14) Chlorine dioxide …  Log credit based on measured CT in relation to CT table. Specific criteria in §  109.1204(o).
(15) Ozone …  Log credit based on measured CT in relation to CT table. Specific criteria in §  109.1204(p).
(16) UV …  Log credit based on validated UV dose in relation to UV dose table; reactor validation testing required to establish UV dose and associated operating conditions. Specific criteria in §  109.1204(q).

Source

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

Cross References

   This subchapter cited in 25 Pa. Code §  109.1204 (relating to requirements for microbial toolbox components).

Appendix C to Subchapter L. Long-Term 2 Enhanced Surface Water Treatment Rule.


MICROBIAL TOOLBOX REPORTING REQUIREMENTS



Toolbox option Systems must submit the following information On the following schedule
 (1) Watershed control program (WCP).  (i) Notice of intention to develop a new or continue an existing watershed control program. No later than two years before the applicable treatment compliance date in §  109.1203
 (ii) Watershed control plan …  No later than one year before the applicable treatment compliance date in §  109.1203
 (iii) Annual watershed control program status report … Every 12 months, beginning one year after the applicable treatment compliance date in §  109.1203
 (iv) Watershed sanitary survey report … For community water systems, every three years beginning three years after the applicable treatment compliance date in §  109.1203. For noncommunity water systems, every five years beginning five years after the applicable treatment compliance date in §  109.1203.
 (2) Alternative source/intake management.  Verification that system has relocated the intake or adopted the intake withdrawal procedure reflected in monitoring results. No later than the applicable treatment compliance date in §  109.1203.
 (3) Presedimentation … Monthly verification of the following: (i) Continuous basin operation (ii) Treatment of 100% of the flow (iii) Continuous addition of a coagulant (iv) At least 0.5-log mean reduction of influent turbidity or compliance with alternative State-approved performance criteria. Monthly reporting within 10 days following the month in which the monitoring was conducted, beginning on the applicable treatment compliance date in §  109.1203.
 (4) Two-stage lime softening Monthly verification of the following: (i) Chemical addition and hardness precipitation occurred in two separate and sequential softening stages prior to filtration (ii) Both stages treated 100% of the plant flow. Monthly reporting within 10 days following the month in which the monitoring was conducted, beginning on the applicable treatment compliance date in §  109.1203.
 (5) Bank filtration … (i) Initial demonstration of the following: (A) Unconsolidated, predominantly sandy aquifer (B) Setback distance of at least 25 ft. (0.5-log credit) or 50 ft. (1.0-log credit). No later than the applicable treatment compliance date in §  109.1203.
(ii) If monthly average of daily max turbidity is greater than 1 NTU then system must report result and submit an assessment of the cause. Report within 30 days following the month in which the monitoring was conducted, beginning on the applicable treatment compliance date in §  109.1203.
 (6) Combined filter performance.  Monthly verification of combined filter effluent (CFE) turbidity levels less than or equal to 0.15 NTU in at least 95 percent of the 4 hour CFE measurements taken each month. Monthly reporting within 10 days following the month in which the monitoring was conducted, beginning on the applicable treatment compliance date in §  109.1203.
 (7) Individual filter performance.  Monthly verification of the following: (i) Individual filter effluent (IFE ) turbidity levels less than or equal to 0.15 NTU in at least 95 percent of samples each month in each filter (ii) No individual filter greater than 0.3 NTU in two consecutive readings 15 minutes apart. Monthly reporting within 10 days following the month in which the monitoring was conducted, beginning on the applicable treatment compliance date in §  109.1203.
 (8) Demonstration of performance.  (i) Results from testing following a State approved protocol. No later than the applicable treatment compliance date in §  109.1203.
 (ii) As required by the State, monthly verification of operation within conditions of State approval for demonstration of performance credit. Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in §  109.1203.
 (9) Bag filters and cartridge filters.  (i) Demonstration that the following criteria are met: (A) Process meets the definition of bag or cartridge filtration; (B) Removal efficiency established through challenge testing that meets criteria in this subpart.  No later than the applicable treatment compliance date in §  109.1203.
 (ii) Monthly verification that 100% of plant flow was filtered.  Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in §  109.1203.
 (10) Membrane filtra-
tion …
 (i) Results of verification testing demonstrating the following: (A) Removal efficiency established through challenge testing that meets criteria in this subpart; (B) Integrity test method and parameters, including resolution, sensitivity, test frequency, control limits, and associated baseline.  No later than the applicable treatment compliance date in §  109.1203.
 (ii) Monthly report summarizing the following: (A) All direct integrity tests above the control limit; (B) If applicable, any turbidity or alternative state-approved indirect integrity monitoring results triggering direct integrity testing and the corrective action that was taken. Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in §  109.1203.
 (11) Second stage
filtration …
 Monthly verification that 100% of flow was filtered through both stages and that first stage was preceded by coagulation step. Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in §  109.1203.
 (12) Slow sand filtration (as secondary filter).  Monthly verification that both a slow sand filter and a preceding separate stage of filtration treated 100% of flow from subpart H sources. Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in §  109.1203.
 (13) Chlorine dioxide …  Summary of CT values for each day as described in §  141.720. Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in §  109.1203.
 (14) Ozone …  Summary of CT values for each day as described in §  141.720. Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in §  109.1203.
 (15) UV …  (i) Validation test results demonstrating operating conditions that achieve required UV dose. No later than the applicable treatment compliance date in §  109.1203.
 (ii) Monthly report summarizing the percentage of water entering the distribution system that was not treated by UV reactors operating within validated conditions for the required dose as specified in §  141.720(d). Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in §  109.1203.

Source

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

Cross References

   This subchapter cited in 25 Pa. Code §  109.1206 (relating to requirements for microbial toolbox components).



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