NDAC 33.1-17-01-06
Maximum contaminant levels, action levels, treatment technique requirements, and maximum residual disinfectant levels
Cite as N.D. Admin. Code ยง 33.1-17-01-06
1.
Inorganic chemicals. The maximum contaminant levels, action levels, and treatment
technique requirements for inorganic chemical contaminants excluding disinfection byproducts
shall be as prescribed by the department and set forth under title 40 Code of Federal
Regulations, part 141 subpart G.
CONTAMINANT
MAXIMUM
CONTAMINANT LEVEL
MILLIGRAM(S)
PER LITER
ACTION LEVEL
MILLIGRAM(S)
PER LITER
TREATMENT
TECHNIQUE
REQUIREMENTS
Antimony
0.006
Arsenic
0.010
Asbestos
7 million fibers per liter
(longer
than
ten
micrometers)
Barium
2
Beryllium
0.004
Cadmium
0.005
Chromium
0.1
Copper
The 90th percentile level
must be less than or
equal to 1.3
Source water and corrosion
control treatment
Cyanide (as free cyanide)
0.2
Fluoride
4.0
Lead
The 90th percentile level
must be less than or
equal to 0.015
Source water and corrosion
control treatment, public
education, and lead service
line replacement
Mercury
0.002
Nickel
0.1
Nitrate (as N)
10
Nitrite (as N)
1
Selenium
0.05
Thallium
0.002
Total Nitrate and Nitrite (as N) 10
At the discretion of the department, nitrate levels not to exceed twenty milligrams per liter may
be allowed in a noncommunity water system if the supplier of water demonstrates to the
satisfaction of the department that:
a.
Such water will not be available to children under six months of age;
b.
There will be continuous posting of the fact that nitrate levels exceed ten milligrams per
liter and the potential health effect of exposure;
c.
Local and state public health authorities will be notified annually of nitrate levels that
exceed ten milligrams per liter; and
d.
No adverse health effects shall result.
2.
Organic chemicals. The maximum contaminant levels and treatment technique requirements
for organic chemical contaminants excluding disinfection byproducts and disinfection
byproduct precursors shall be as prescribed by the department and set forth under title 40
Code of Federal Regulations part 141, subpart G.
CONTAMINANT
MAXIMUM CONTAMINANT LEVEL
MILLIGRAM(S) PER LITER
TREATMENT TECHNIQUE
REQUIREMENTS
Nonvolatile Synthetic Organic Chemicals:
Acrylamide
The combination (or product) of
dose and monomer level may not
exceed 0.05 percent dosed at
1 part per million (or equivalent)
Alachlor
0.002
Atrazine
0.003
Benzo (a) pyrene
0.0002
Carbofuran
0.04
Chlordane
0.002
Dalapon
0.2
Dibromochloropropane (DBCP)
0.0002
Di (2-ethylhexyl) adipate
0.4
Di (2-ethylhexyl) phthalate
0.006
Dinoseb
0.007
Diquat
0.02
Endothall
0.1
Endrin
0.002
Epichlorohydrin
The combination (or product) of
dose and monomer level may not
exceed 0.01 percent dosed at
20 parts per million (or equivalent)
Ethylene dibromide (EDB)
0.00005
Glyphosate
0.7
Heptachlor
0.0004
Heptachlor epoxide
0.0002
Hexachlorobenzene
0.001
Hexachlorocyclopentadiene
0.05
Lindane
0.0002
Methoxychlor
0.04
Oxamyl (Vydate)
0.2
Polychlorinated biphenyls (PCBs)
0.0005
Pentachlorophenol
0.001
Picloram
0.5
Simazine
0.004
Toxaphene
0.003
2,3,7,8-TCDD (Dioxin)
0.00000003
2,4-D
0.07
2,4,5-TP Silvex
0.05
Volatile Synthetic Organic Chemicals:
Benzene
0.005
Carbon tetrachloride
0.005
p-Dichlorobenzene
0.075
o-Dichlorobenzene
0.6
1,2-Dichloroethane
0.005
1,1-Dichloroethylene
0.007
cis-1,2-Dichloroethylene
0.07
trans-1,2-Dichloroethylene
0.1
Dichloromethane
0.005
1,2-Dichloropropane
0.005
Ethylbenzene
0.7
Monochlorobenzene
0.1
Styrene
0.1
Tetrachloroethylene
0.005
Toluene
1
1,2,4-Trichlorobenzene
0.07
1,1,1-Trichloroethane
0.2
1,1,2-Trichloroethane
0.005
Trichloroethylene
0.005
Vinyl chloride
0.002
Xylenes (total)
10
3.
Filtration and disinfection treatment.
a.
General requirements. All subpart H systems that utilize surface water sources shall
provide filtration and disinfection treatment. All subpart H systems that utilize ground
water sources deemed by the department to be under the direct influence of surface
water shall provide disinfection treatment and shall either comply with filtration avoidance
criteria or provide filtration treatment.
b.
Treatment technique requirements. The department hereby identifies filtration and
disinfection as treatment techniques to protect against the potential adverse health
effects of exposure to giardia lamblia, cryptosporidium, legionella, viruses, heterotrophic
plate count bacteria, and turbidity. The treatment techniques apply only to subpart H
systems. Subpart H systems that serve ten thousand or more persons shall be deemed
to be in compliance with the treatment techniques if the requirements set forth under
title 40 Code of Federal Regulations part 141, subparts H and P, are met. Subpart H
systems that serve fewer than ten thousand persons shall be deemed to be in
compliance with the treatment techniques if the requirements set forth under title 40
Code of Federal Regulations part 141, subpart H, are met.
4.
Radioactivity. The maximum contaminant levels for radioactivity are as follows:
CONTAMINANT
MAXIMUM CONTAMINANT LEVEL (MCL)
Combined radium-226 and radium-228
5 picocuries per liter (pCi/L)
Gross alpha particle activity (including
radium-226, but excluding radon and uranium)
15 picocuries per liter (pCi/L)
Uranium
30 micrograms per liter (ug/L)
5.
Microbiological. The treatment technique triggers, treatment technique violations, E. coli
maximum contaminant level violations, and monitoring violations are as follows:
a.
Treatment technique triggers. A system must conduct assessments, in accordance with
the requirements under title 40 Code of Federal Regulations part 141, subpart Y after
exceeding the following treatment technique triggers:
(1)
Level 1 treatment technique triggers.
(a)
A system, which collects forty or more samples per month, exceeds
5.0 percent total coliform-positive samples per month.
(b)
A system, which collects less than forty samples per month, has two or more
total coliform-positive samples per month.
(c)
A system fails to take all required repeat samples following a total
coliform-positive sample.
(2)
Level 2 treatment technique triggers.
(a)
A system incurs an E. coli maximum contaminant level violation, as specified in
title 40 Code of Federal Regulations part 141, subpart Y.
(b)
A system has a second level 1 trigger, as specified in title 40 Code of Federal
Regulations part 141, subpart Y, within a rolling twelve-month period unless the
department has determined why the samples that caused the first level 1
treatment technique trigger were total coliform positive and has determined
that the system has corrected the problem.
b.
Treatment technique violations. A system has a treatment technique violation when any
of the following conditions occur:
(1)
A system exceeds a treatment technique trigger and then fails to conduct the
required assessment or corrective actions within the required timeframe as specified
in title 40 Code of Federal Regulations part 141, subpart Y.
(2)
A seasonal system fails to complete a state-approved start-up procedure before
serving water to the public.
c.
E. coli maximum contaminant level violations. A system is in violation of the maximum
contaminant level for E. coli when any of the following conditions occur:
(1)
A system has an E. coli-positive repeat sample following a total coliform-positive
routine sample.
(2)
A system has a total coliform-positive repeat sample following an E. coli-positive
routine sample.
(3)
A system fails to take all required repeat samples following an E. coli-positive
routine sample.
(4)
A system fails to analyze for E. coli bacteria when any repeat sample tests positive
for total coliform bacteria.
d.
Monitoring violations. A system incurs a monitoring violation if any of the following
conditions occur:
(1)
A system fails to take every required routine sample in a compliance period.
(2)
A system fails to analyze for E. coli following a total coliform-positive routine sample.
e.
The department hereby identifies the following as the best technology, treatment
techniques, or other means generally available for achieving compliance with the
treatment technique triggers and E. coli maximum contaminant level: protection of wells
from contamination by appropriate placement and construction; maintenance of a
disinfection residual throughout the distribution system; proper maintenance of the
distribution system including appropriate pipe replacement and repair procedures,
cross-connection control programs, main flushing programs, proper operation and
maintenance of storage tanks and reservoirs, and continual maintenance of a positive
water pressure in all parts of the distribution system; filtration and disinfection or
disinfection of surface water and disinfection of ground water using strong oxidants such
as chlorine, chlorine dioxide, or ozone; and the development and implementation of a
department-approved wellhead protection program.
6.
Disinfectants. The maximum residual disinfectant levels for disinfectants are as follows:
DISINFECTANT
MAXIMUM RESIDUAL DISINFECTANT LEVEL IN
MILLIGRAMS PER LITER
Chlorine
4.0 as free chlorine
Chloramines
4.0 as combined chlorine
Chlorine dioxide
0.8 as chlorine dioxide
The department identifies the following as the best technology, treatment techniques, or other
means available for achieving compliance with the maximum residual disinfectant levels:
control of treatment processes to reduce disinfectant demand and control of disinfection
treatment processes to reduce disinfectant levels.
7.
Disinfection byproducts. The maximum contaminant levels for total trihalomethanes,
haloacetic acids five, bromate, and chlorite are as follows:
DISINFECTION BYPRODUCT
MAXIMUM CONTAMINANT LEVEL IN
MILLIGRAMS PER LITER
Total trihalomethanes
0.080
Haloacetic acids five
0.060
Bromate
0.010
Chlorite
1.0
The department identifies the following as the best technology, treatment techniques, or other
means available for achieving compliance with the maximum contaminant level for total
trihalomethanes and the maximum contaminant levels for haloacetic acids five, bromate, and
chlorite: for total trihalomethanes and haloacetic acids five, enhanced coagulation, enhanced
softening, or granular activated carbon ten with chlorine as the primary and residual
disinfectant; for bromate, control of the ozone treatment process to reduce production of
bromate; and for chlorite, control of treatment processes to reduce disinfectant demand and
control of disinfection treatment processes to reduce disinfectant levels. All best available
technology and compliance shall be prescribed by the department and set forth under title 40
Code of Federal Regulations part 141.64.
8.
Disinfection byproduct precursors. The department hereby identifies enhanced coagulation
and enhanced softening as treatment techniques to control the level of disinfection byproduct
precursors in drinking water treatment and distribution systems. The treatment techniques
apply only to subpart H community and nontransient noncommunity water systems that use
conventional treatment. Such systems shall be deemed to be in compliance with the treatment
techniques if the requirements set forth under title 40 Code of Federal Regulations part 141,
subpart L, are met.
9.
Confirmation sampling. The department may require confirmation samples and average
confirmation sample results with initial sample results to determine compliance. At the
discretion of the department, sample results due to obvious monitoring errors may be deleted
prior to determining compliance.