R 325.10611i Enhanced treatment for Cryptosporidium; microbial toolbox; source toolbox components.

Rule 611i. (1) Watershed control program is a source toolbox component. Subpart H supplies that are subject to R 325.10611d receive 0.5-log Cryptosporidium treatment credit for implementing a watershed control program that meets all of the following requirements: (a) Subpart H supplies that intend to apply for the watershed control program credit shall notify the department of this intent not later than 2 years before the treatment compliance date applicable to the supply in R 325.10611g. (b) Subpart H supplies shall submit to the department a proposed watershed control plan not later than 1 year before the applicable treatment compliance date in R 325.10611g. The supply shall receive department approval of the watershed control plan for the supply to receive watershed control program treatment credit. The watershed control plan shall include all of the following elements: (i) Identification of an "area of influence" outside of which the likelihood of Cryptosporidium or fecal contamination affecting the treatment plant intake is not significant. This is the area to be evaluated in future watershed surveys under subdivision (e) (ii) of this subrule. (ii) Identification of both potential and actual sources of Cryptosporidium contamination and an assessment of the relative impact of these sources on the supply's source water quality. (iii) An analysis of the effectiveness and feasibility of control measures that could reduce Cryptosporidium loading from sources of contamination to the supply's source water. (iv) A statement of goals and specific actions the supply will undertake to reduce source water Cryptosporidium levels. The plan shall explain how the actions are expected to contribute to specific goals, identify watershed partners and their roles, identify resource requirements and commitments, and include a schedule for plan implementation with deadlines for completing specific actions identified in the plan. (c) Subpart H supplies with existing watershed control programs, that is, programs in place on the effective date of this rule, are eligible to seek this credit. Their watershed control plans shall meet the criteria in subdivision (b) of this subrule and shall specify ongoing and future actions that will reduce source water Cryptosporidium levels. (d) If the department does not respond to a Subpart H supply regarding approval of a watershed control plan submitted under this rule and the supply meets the other requirements of this rule, the watershed control program will be considered approved and 0.5-log Cryptosporidium treatment credit will be awarded unless the department subsequently withdraws that approval. (e) Subpart H supplies shall complete all of the following actions to maintain the 0.5-log credit: (i) Submit an annual watershed control program status report to the department. The annual watershed control program status report shall describe the supply's implementation of the approved plan and assess the adequacy of the plan to meet its goals. It shall explain how the supply is addressing any shortcomings in plan implementation, including those previously identified by the department or as the result of the watershed survey conducted under paragraph (ii) of this subdivision. It shall also describe the significant changes that have occurred in the watershed since the last watershed sanitary survey. If a supply determines during implementation that making a significant change to its approved watershed control program is necessary, the supply shall notify the department before making the changes. If a change is likely to reduce the level of source water protection, the supply shall also list in its notification the actions the supply will take to mitigate this effect. (ii) Undergo a watershed sanitary survey every 3 years for community water supplies and every 5 years for noncommunity water supplies and submit the survey report to the department. The survey shall be conducted according to department guidelines and by persons the department approves. Both of the following apply to watershed sanitary surveys: (A) The watershed sanitary survey shall encompass the region identified in the department-approved watershed control plan as the area of influence; assess the implementation of actions to reduce source water Cryptosporidium levels; and identify the significant new sources of Cryptosporidium. (B) If the department determines that significant changes may have occurred in the watershed since the previous watershed sanitary survey, supplies shall undergo another watershed sanitary survey by a date the department requires, which may be earlier than the regular date in this subdivision. (iii) The supply shall make the watershed control plan, annual status reports, and watershed sanitary survey reports available to the public upon request. These documents shall be in a plain language style and include criteria by which to evaluate the success of the program in achieving plan goals. The department may approve supplies to withhold from the public portions of the annual status report, watershed control plan, and watershed sanitary survey based on water supply security considerations. (f) If the department determines that a Subpart H supply is not carrying out the approved watershed control plan, the department may withdraw the watershed control program treatment credit. (2) Alternative source is a source toolbox component. All of the following provisions apply to an alternative source: (a) A Subpart H supply may conduct source water monitoring that reflects a different intake location, either in the same source or for an alternate source, or a different procedure for the timing or level of withdrawal from the source (alternative source monitoring). If the department approves, a supply may determine its bin classification under R 325.10611e based on the alternative source monitoring results. (b) If Subpart H supplies conduct alternative source monitoring under subdivision (a) of this subrule, supplies shall also monitor their current plant intake concurrently as described in 40 CFR §141.701, as adopted by reference in R 325.10720b. (c) Alternative source monitoring under subdivision (a) of this subrule shall meet the requirements for source monitoring to determine bin classification, as described in 40 CFR §141.701 to 40 CFR §141.706, as adopted by reference in R 325.10720b. Subpart H supplies shall report the alternative source monitoring results to the department, along with supporting information documenting the operating conditions under which the samples were collected. (d) If a Subpart H supply determines its bin classification under R 325.10611e using alternative source monitoring results that reflect a different intake location or a different procedure for managing the timing or level of withdrawal from the source, the supply shall relocate the intake or permanently adopt the withdrawal procedure, as applicable, not later than the applicable treatment compliance date in R 325.10611g.