R 325.10612a Groundwater supply rules; treatment technique requirements for groundwater supplies.

Rule 612a. (1) All of the following apply to groundwater supplies that are subject to R 325.10612 with significant deficiencies or source water fecal contamination: (a) The treatment technique requirements of this rule shall be met by groundwater supplies when a significant deficiency is identified or when a groundwater source sample collected under R 325.10739(1)(c) is fecal indicator-positive. (b) If directed by the department, a groundwater supply with a groundwater source sample collected under sampling requirements of R 325.10739(1)(b), consecutive and wholesale supply requirements of R 325.10739(1)(d), or assessment source water requirements of R 325.10739(2) that is fecal indicator-positive shall comply with the treatment technique requirements of this rule. (c) When a significant deficiency is identified at a Subpart H supply that uses both groundwater and surface water or groundwater under the direct influence of surface water, the Subpart H supply shall comply with this subrule except where the department determines that the significant deficiency is in a portion of the distribution system that is served solely by surface water or groundwater under the direct influence of surface water. (d) Unless the department directs the groundwater supply to implement a specific corrective action, the groundwater supply shall consult with the department regarding the appropriate corrective action within 30 days of receiving written notice from the department of a significant deficiency, written notice from a laboratory that a groundwater source sample collected under R 325.10739(1)(c) was found to be fecal indicator-positive, or direction from the department that a fecal indicator-positive collected under sampling requirements of R 325.10739(1)(b), consecutive and wholesale supply requirements of R 325.10739(1)(d), or assessment source water requirements of R 325.10739(2) requires corrective action. For purposes of this rule, R 325.10612, and R 325.10739 to R 325.10739b, significant deficiencies include, but are not limited to, defects 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 have potential for causing, the introduction of contamination into the water delivered to consumers. (e) Within 120 days, or earlier if directed by the department, of receiving written notification from the department of a significant deficiency, written notice from a laboratory that a groundwater source sample collected under R 325.10739(1)(c) was found to be fecal indicator-positive, or direction from the department that a fecal indicator- positive sample collected under sampling requirements of R 325.10739(1)(b), consecutive and wholesale supply requirements of R 325.10739(1)(d), or assessment source water requirements of R 325.10739(2) requires corrective action, the groundwater supply shall comply with either of the following: (i) Have completed corrective action under applicable department plan review processes or other department guidance or direction, if any, including department-specified interim measures. (ii) Be in compliance with a department-approved corrective action plan and schedule subject to both of the following conditions: (A) Any subsequent modifications to a department-approved corrective action plan and schedule shall also be approved by the department. (B) If the department specifies interim measures for protection of the public health pending department approval of the corrective action plan and schedule or pending completion of the corrective action plan, the groundwater supply shall comply with these interim measures as well as with any schedule specified by the department. (f) Groundwater supplies that meet the conditions of subdivision (a) or (b) of this subrule shall implement 1 or more of the following corrective action alternatives: (i) Correct all significant deficiencies. (ii) Provide an alternate source of water. (iii) Eliminate the source of contamination. (iv) Provide treatment that reliably achieves not less than 4-log treatment of viruses (using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal) before or at the first customer for the groundwater source. (g) A community groundwater supply that receives notice from the department of a significant deficiency or notification of a fecal indicator-positive groundwater source sample that is not invalidated by the department under R 325.10739(3) is subject to R 325.10408c. (2) Both of the following shall conduct compliance monitoring under R 325.10739a: (a) A groundwater supply that is not required to meet the source water monitoring requirements of R 325.10612, this rule, R 325.10612b, or R 325.10739 to R 325.10739b for 1 or more groundwater sources because it provides not less than 4-log treatment of viruses (using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal) before or at the first customer for 1 or more groundwater sources before December 1, 2009. (b) A groundwater supply that places a groundwater source in service after November 30, 2009, that is not required to meet the source water monitoring requirements of R 325.10612, this rule, R 325.10612b, or R 325.10739 to R 325.10739b because the groundwater supply provides not less than 4-log treatment of viruses (using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal) before or at the first customer for the groundwater source. (3) A groundwater supply may discontinue 4-log treatment of viruses (using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal) before or at the first customer for a groundwater source if the department determines and documents in writing that 4-log treatment of viruses is no longer necessary for that groundwater source. A groundwater supply that discontinues 4-log treatment of viruses is subject to the source water monitoring requirements of R 325.10739.