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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter H. LABORATORY CERTIFICATION


Sec.


109.801.    Certification requirement.
109.802.    [Reserved].
109.803.    [Reserved].
109.804.    [Reserved].
109.805.    [Reserved].
109.806.    [Reserved].
109.807.    [Reserved].
109.808.    [Reserved].
109.809.    [Reserved].
109.810.    Reporting and notification requirements.

Cross References

   This subchapter cited in 25 Pa. Code §  109.5 (relating to organization of chapter).

§ 109.801. Certification requirement.

 A laboratory shall be accredited under Chapter 252 (relating to laboratory accreditation) to perform analyses acceptable to the Department for the purposes of ascertaining drinking water quality and demonstrating compliance with monitoring requirements established in Subchapters C, K, L and M.

Authority

   The provisions of this §  109.801 amended under 27 Pa.C.S. § §  4103(a), 4104 and 4105; and section 1920-A of The Administrative Code of 1929 (71 P.S. §  510-20).

Source

   The provisions of this §  109.801 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; 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 July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; amended January 27, 2006, effective January 28, 2006, 36 Pa.B. 465; amended December 24, 2009, effective December 26, 2009, 39 Pa.B. 7279. Immediately preceding text appears at serial page (317219).

§ 109.802. [Reserved].


Source

   The provisions of this §  109.802 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; reserved January 27, 2006, effective January 28, 2006, 36 Pa.B. 465. Immediately preceding text appears at serial page (290573).

§ 109.803. [Reserved].


Source

   The provisions of this §  109.803 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175; reserved January 27, 2006, effective January 28, 2006, 36 Pa.B. 465. Immediately preceding text appears at serial pages (290573) to (290574).

§ 109.804. [Reserved].


Source

   The provisions of this §  109.804 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; reserved January 27, 2006, effective January 28, 2006, 36 Pa.B. 465. Immediately preceding text appears at serial page (290574).

§ 109.805. [Reserved].


Source

   The provisions of this §  109.805 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; reserved January 27, 2006, effective January 28, 2006, 36 Pa.B. 465. Immediately preceding text appears at serial pages (290574) to (290575).

§ 109.806. [Reserved].


Source

   The provisions of this §  109.806 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; reserved January 27, 2006, effective January 28, 2006, 36 Pa.B. 465. Immediately preceding text appears at serial page (290575).

§ 109.807. [Reserved].


Source

   The provisions of this §  109.807 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175; reserved January 27, 2006, effective January 28, 2006, 36 Pa.B. 465. Immediately preceding text appears at serial page (290576).

§ 109.808. [Reserved].


Source

   The provisions of this §  109.808 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; reserved January 27, 2006, effective January 28, 2006, 36 Pa.B. 465. Immediately preceding text appears at serial page (290576).

§ 109.809. [Reserved].


Source

   The provisions of this §  109.809 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; reserved January 27, 2006, effective January 28, 2006, 36 Pa.B. 465. Immediately preceding text appears at serial pages (290576) and (305035).

§ 109.810. Reporting and notification requirements.

 (a)  Beginning November 13, 2009, a laboratory accredited under Chapter 252 (relating to environmental laboratory accreditation) shall electronically report to the Department on behalf of the public water supplier and in accordance with the reporting requirements under §  109.701(a) (relating to reporting and recordkeeping) the results of test measurements or analyses performed by the laboratory under this chapter using a secure computer application provided by the Department. In the event of a Department computer application failure, the Department will notify the laboratory of an alternate reporting method. In the event that a laboratory is unable to submit data electronically, due to circumstances beyond its control, the laboratory shall notify the Department prior to the applicable reporting deadline. If the Department determines that the circumstances were beyond the control of the laboratory, the Department will specify a temporary, alternate reporting method the laboratory shall use to meet the reporting deadline.

   (1)  Unless a different reporting period is specified in this chapter, these results shall be reported within either the first 10 days following the month in which the result is determined or the first 10 days following the end of the required monitoring period as stipulated by the Department, whichever is shorter.

   (2)  Beginning November 23, 2009, an accredited laboratory and the public water supplier shall be given until the 10th of the following month to review and update submitted data using a secure computer application provided by the Department. Omissions and data errors remaining after the review period shall be considered reporting violations of the public water supplier.

 (b)  A laboratory accredited under Chapter 252 shall whenever the results of test measurements or analyses performed by the laboratory under this chapter indicate an MCL, MRDL or a treatment technique performance requirement under §  109.202 (relating to State MCLs, MRDLs and treatment technique requirements) is exceeded, or any individual tap sample result exceeds the action level value specified in §  109.1102(a) (relating to action levels and treatment technique requirements), or a sample result requires the collection of check or confirmation samples under §  109.301 (relating to general monitoring requirements), or any check sample collected under §  109.301(3) is total coliform-positive, or a sample collected by a seasonal system as part of a Department-approved start-up procedure under §  109.301(3)(i)(c) is total coliform-positive, or a sample collected under Subchapter M (relating to additional requirements for groundwater sources) is E. coli-positive:

   (1)  Notify the public water supplier by telephone within 1 hour of the laboratory’s determination. If the supplier cannot be reached within that time, notify the Department by telephone within 2 hours of the determination. If it is necessary for the laboratory to contact the Department after the Department’s routine business hours, the laboratory shall contact the appropriate Department regional office’s after-hours emergency response telephone number and provide information regarding the occurrence, the name of a contact person and the telephone number where that individual may be reached in the event further information is needed. If the Department’s appropriate emergency number cannot be reached, the laboratory shall notify the appropriate Department regional office by telephone within 1 hour of the beginning of the next business day. Each accredited laboratory shall be responsible for the following:

     (i)   Obtaining and then maintaining the Department’s current after-hours emergency response telephone numbers for each applicable regional office.

     (ii)   Establishing or updating a standard operating procedure by November 8, 2002, and at least annually thereafter to provide the information needed to report the occurrences to the Department. The information regarding the public water system must include, but is not limited to, the PWSID number of the system, the system’s name, the contaminant involved in the occurrence, the level of the contaminant found, where the sample was collected, the dates and times that the sample was collected and analyzed, the name and identification number of the accredited laboratory, the name and telephone number of a contact person at the laboratory and what steps the laboratory took to contact the public water system before calling the Department.

   (2)  Notify the appropriate Department district office in writing within 24 hours of the determination. For the purpose of determining compliance with this requirement, the postmark, if the notice is mailed, or the date the notice is received by the Department, whichever is earlier, will be used. Upon approval by the Department, the notice may be made electronically to the Department as long as the information is received within the 24-hour deadline.

 (c)  A laboratory accredited under Chapter 252 shall meet the requirements under subsections (a) and (b), regarding the results of test measurements or analyses performed by the laboratory under this chapter, unless the laboratory assigns in writing the responsibility for reporting and notification to another accredited laboratory.

 (d)  A laboratory accredited under Chapter 252 shall be responsible for the accurate reporting of data required under this section to the Department.

Authority

   The provisions of this §  109.810 amended under 27 Pa.C.S. § §  4103(a), 4104 and 4105; section 4 of the Pennsylvania Safe Drinking Water Act (35 P.S. §  721.4); and section 1920-A of The Administrative Code of 1921 (71 P.S. §  510-20).

Source

   The provisions of this §  109.810 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended July 20, 2001, effective July 21, 2001, 31 Pa.B. 3895; amended August 9, 2002, effective August 10, 2002, 32 Pa.B. 3894; amended August 13, 2004, effective August 14, 2004, 34 Pa.B. 4435; amended January 27, 2006, effective January 28, 2006, 36 Pa.B. 465; 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 August 17, 2018, effective August 18, 2018, 48 Pa.B. 4974. Immediately preceding text appears at serial pages (383479) to (383481).

Cross References

   This section cited in 25 Pa. Code §  109.701 (relating to reporting and recordkeeping); 25 Pa. Code §  109.805 (relating to certification procedure); and 25 Pa. Code §  109.1302 (relating to treatment technique requirements).



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