216-RICR-50-05-1
216-RICR-50-05-1. Public Drinking Water (version Periodic Refile, 01/02/2002 to 02/11/2003)
RULES AND REGULATIONS
PERTAINING TO
PUBLIC DRINKING WATER
(R46-13-DWQ)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
Department of Health
September 1977
As Amended:
January 1983
April 1993 (E)
September 1989 (E)
June 1993
December 1990
September 1993
May 1991 (E)
March 1994
July 1991
July 1994
August 1991 (E)
January 1995
November 1991 (E)
February 1996 (E)
February 1992
June 1996 (E)
February 1992 (E)
August 1996
July 1992 (E)
September 1999
December 1992 (E)
April 2000 (T)
March 1993 (T)
June 2001
January 2002 (re-filing in accordance with
the provisions of section 42-35-4.1 of the
Rhode Island General Laws, as amended)
INTRODUCTION
These amended Rules and Regulations Pertaining To Public Drinking Water (R46-13-DWQ) are
promulgated pursuant to the authority conferred under section 46-13-18 of the General Laws of
Rhode Island, as amended, for the purpose of adopting standards compatible with the 1986 standards
of the United States Environmental Protection Agency.
Pursuant to the provisions of section 42-35-3(c) of the General Laws of Rhode Island, as
amended, the following were given consideration in arriving at the amended regulations: (1)
alternative approaches to the regulations; (2) duplication or overlap with other state regulations; and
(3) significant economic impact placed on small business as defined in Chapter 42-35 of the General
Laws which would result from the regulations. No alternative approach, duplication or overlap, was
identified based on available information. The health, safety and welfare of the citizens of this state
overrides any economic impact which may result from these amended regulations. Consequently,
these rules are adequate in the best interest of the health and safety of the public.
These regulations shall supersede all previous Rules and Regulations Pertaining to Public
Drinking Water promulgated by the Department of Health and filed with the Secretary of State.
ii
TABLE OF CONTENTS
Sections R46-13-DWQ
Page
Definitions
1.0
Definitions
A-1
Coverage
2.0
Coverage
B-1
3.0
New Water Sources
B-4
4.0
Approval of Treatment Works, Storage and Pumping Facilities B-6
Disinfection
5.0
Filtration and Disinfection
C-1
5.1
General Requirements
C-1
5.2
Criteria for avoiding filtrtion
C-1
5.3
Disinfection
C-4
5.4
Filtration
C-7
5.5
Analytical and monitoring requirements
C-8
5.6
Monitoring requirements for systems that do not provide filtration C-9
5.7
Monitoring requirements for systems using filtration equipment C-12
5.8
Reporting and record keeping requirements
C-12
CT Values
C-17
Lead & Copper
6.0
Control of Lead and Copper
D-1
General Requirements
7.0
Connections Between Distribution Systems
E-1
8.0
Contamination of Tanks
E-1
8.1 Tanks Connected to Unsafe Supplies
E-1
8.2 Avoidance of Contamination in Tanks
E-1
9.0
Assurance of Safety in Public Supply
E-1
10.0 Correction of Unsafe Conditions
E-1
11.0 Reports as to Public Supplies
E-1
12.0 Certified Laboratories
E-2
13.0 Ground Water Microbiology
E-2
14.0 Consecutive Water System Monitoring
E-2
15.0
Variances and Exemptions
E-2
Community Water
16.0 Community Water System Requirements
F-1
16.1
Inorganic Chemicals
F-1
16.2
Organic Chemicals
F-10
16.2(b)Volatile Organic Chemicals
F-17
16.3
Turbidity
F-26
16.4
Microbiological
F-26
16.5
Radioactivity
F-33
iii
16.6 Unregulated Contaminants
F-35
16.7 Special Monitoring
F-36
TABLE OF CONTENTS (Continued)
Page
Community Water
16.8 Public Notification
F-38
16.9 Records
F-39
16.10 Consumer Confidence Reports
F-40
Non-Community Water
17.0
Non-Community Water System Requirements
G-1
17.1 Microbiological
G-1
17.2 Inorganic Chemicals
G-1
17.3 Organic Chemicals
G-2
17.4 Turbidity
G-2
17.5 Unregulated Contaminants and Special Monitoring
G-2
17.6 Public Notification
G-3
17.7 Records
G-3
Fees and Enforcement
18.0
Fee Schedule
H-1
19.0
Rules Governing Practices and Procedures
H-5
20.0
Violations, Noncompliance and Enforcement
H-5
21.0
Severability
H-10
Appendix 1
Analytical Methodology
I-1
Appendix 2
Health Effects Language
J-1
Appendix 3
DWQ Penalty Matrix (1)
K-1
Appendix 4
Potential Sources of Groundwater Contamination
K-7
Section “A”: Definitions
1
Section 1.0 DEFINITIONS
Wherever used in these rules and regulations the following terms shall be construed as follows:
1.1
"Act" means Chapter 46-13 of the General Laws of Rhode Island.
"Action level" is the concentration of lead or copper in water specified in section
6.80(c)which determines, in some cases, the treatment requirements contained in section
6 of these regulations that a water system is required to complete.
1.2
"Administrative penalty" - "Penalty" shall mean a monetary sum assessed by the Director
pursuant to these regulations in response to a violation of, or a failure to comply with, 46-
13 or any rule, regulation, license, permit or order adopted pursuant to the Director's
authority thereunder.
1.3
"Best available technology" - means the best technology, treatment techniques, or other
means which the EPA Administrator finds, after examination for efficacy under field
conditions and not solely under laboratory conditions, are available for a specific
contaminant or category of contaminants.
1.4
"Certified laboratory" means an analytical laboratory licensed by the RI Department of
Health under Chapter 16.2 "Laboratories", to perform biological, microbiological,
chemical or radiochemical examination of potable water or a laboratory exempt from this
law as provided for in 23-16.2-3 but which shall be certified by the State Certification
official in accordance with 40 CFR 1422.10b.
1.5
"Change of use" means a different or expanded activity at an existing public water system
which significantly uses more or less water, or changes the duration of consumption
between transient and non-transient, than previously approved through application or
documented historical use.
1.6
"Coagulation" means a process using coagulant chemicals and mixing by which colloidal
and suspended materials are destabilized and agglomerated into flocs.
1.7
"Community water system" - public water system which serves at least 15 service
connections used by year-round residents or regularly serves at least 25 year-round
residents.
1.8
"Compliance cycle" means the nine-year calendar year cycle during which public water
systems must monitor. Each compliance cycle consists of three-year compliance periods.
The first calendar year cycle begins January 1, 1993 and ends December 31, 2001; the
second begins January 1, 2002 and ends December 31, 2010; the third begins January 1,
2011 and ends December 31, 2019.
Section “A”: Definitions
2
1.9
"Compliance period" means a three-year calendar year period within a compliance cycle.
Each compliance cycle has three three-year compliance periods. Within the first
compliance cycle, the first compliance period runs from January 1, 1993 to December 31,
1995; the second from January 1, 1996 to December 31, 1998; the third from January 1,
1999 to December 31, 2001.
1.10
"Confluent growth" means a continuous bacterial growth covering the entire filtration area
of a membrane filter, or a portion thereof, in which bacterial colonies are not discrete.
1.11
"Connection" means the water service line connecting a structure to the water distribution
line. In the absence of data on the number of service connections, the population served
divided by 2.5 shall be used as the default value.
a)
The following are excluded from the “connection” component of the public water
system definition:
A connection to a system that delivers water through constructed conveyances
other than pipes is excluded from consideration as a “connection” under three (3)
circumstances:
(1)
Where the water is used exclusively for purposes other than residential uses
(consisting of drinking, bathing, and cooking, or other similar uses);
(2)
Where the Director determines that alternative water to achieve the
equivalent level of public health protection provided by the applicable
national primary drinking water regulations is provided for drinking and
cooking;
(3)
Where the Director determines that the water provided for drinking,
cooking, and bathing is treated (centrally or by point of entry) by the
provider, a pass-through entity, or the user to achieve the equivalent level of
protection provided by the applicable national primary drinking water
regulations.
If the application of one or more of these exclusions reduces the “connections” of
a system providing water for human consumption (through construction
conveyances other than pipes) to fewer than fifteen (15) service connections that
serve fewer than twenty-five (25) individuals, the supplier’s water system is not a
public water system.
However, if the supplier’s remaining connections number fifteen (15) or more, or
if its remaining connections [even if they number fewer than fifteen (15)] regularly
serve at least twenty-five individuals, then the system is a public water system
although the excluded connections are not considered part of the public water
Section “A”: Definitions
3
system for as long as the exclusions apply and the system complies with any
conditions governing their applicability.
b)
An irrigation district in existence prior to May 18, 1994 that provides primarily
agricultural service through a piped water system with only incidental residential or
similar use shall not be considered to be a public water system if the system or the
residential or similar users of the system comply with subsections (a)(2) and (3) of
this definition.
1.12
"Conventional filtration treatment" means a series of processes including coagulation,
flocculation, sedimentation, and filtration resulting in substantial particulate removal.
1.13
"Corrosion inhibitor" means a substance capable of reducing the corrosivity of water
toward metal plumbing materials, especially lead and copper, by forming a protective film
on the interior surface of those materials.
1.14
"CT" or "CTcalc" is the product of "residual disinfectant concentration" C in mg/1
determined before or at the first customer, and the corresponding disinfectant contact
time" (T) in minutes, i.e., "C" x "T". "CT99.9" is the CT value required for 99.9 percent (3-
log) inactivation of Giardia lamblia cysts. CT99.9 for a variety of disinfectants and
conditions appear in Tables 1.1-1.6, 2.1, and 3.1 of Section 5.6. CTcalc/CT99.9 is the
inactivation ratio. The sum of the inactivation ratios, or total inactivation ratio shown as
the sum of (CTcalc) /(CT99.9) is calculated by adding together the inactivation ratio for
each disinfection sequence. A total inactivation ratio equal to or greater than 1.0 is
assumed to provide a 3-log inactivation of Giardia lamblia cysts.
1.15
"Diatomaceous earth filtration" means a process resulting in substantial particulate
removal in which (1) a precoat cake of diatomaceous earth filter media is deposited on a
support membrane (septum), and (2) while the water is filtered by passing through the cake
on the septum, additional filter media known as body feed is continuously added to the
feed water to maintain the permeability of the filter cake.
1.16
"Direct filtration" means a series of processes including coagulation and filtration but
excluding sedimentation resulting in substantial particulate removal.
1.17
"Director" means the Director of the Rhode Island Department of Health or his duly
authorized agent.
1.18
"Disinfectant contact time" ("T" in CT calculations) means the time in minutes that it takes
for water to move from the point of disinfectant application or the previous point of
disinfectant residual measurement to a point before or at the point where residual
disinfectant concentration ("C") is measured. Disinfectant contact time in pipelines must
be calculated based on "plug flow" by dividing the internal volume of the pipe by the
maximum hourly flow rate through that pipe. Disinfectant contact time within mixing
Section “A”: Definitions
4
basins and storage reservoirs must be determined by tracer studies or an equivalent
demonstration.
1.19
"Disinfection" means a process which inactivates pathogenic organisms in water by
chemical oxidants or equivalent agents.
1.20
"Domestic or other non-distribution system plumbing problem" means a coliform
contamination problem in a public water system with more than one service connection
that is limited to the specific service connection from which the coliform-positive sample
was taken.
1.21
"Dose equivalent" - The absorbed dose from ionizing radiation expressed in terms of Rads
multiplied by such a factor as account for differences in biological effectiveness due to
the type of radiation and its distribution in the body as specified by the International
Commission on Radiological Units and Measurements (ICRU).
1.22
"Effective corrosion inhibitor residual"for the purpose of section 6, means a concentration
sufficient to form a passivating film on the interior walls of a pipe.
1.23
"Filtration" means a process for removing particulate matter from water by passage
through porous media.
1.24
"First draw sample" means a one-liter sample of tap water, collected in accordance with
section 6.86(b) (2), that has been standing in plumbing pipes at least 6 hours and is
collected without flushing the tap.
1.25
"Flocculation" means a process to enhance agglomeration or collection of smaller floc
particles into larger, more easily settleable particles through gentle stirring by hydraulic or
mechanical means.
1.26
"Gross alpha particle activity" - The total radioactivity due to alpha particle emission as
determined from measurements on a dry sample.
1.27
"Gross beta particle activity" - The total radioactivity due to beta particle emission as
determined from measurements on a dry sample.
1.28
"Ground water under the direct influence of surface water" means any water beneath the
surface of the ground with (1) significant occurrence of insects or other macroorganisms,
algae, or large-diameter pathogens such as Giardia lamblia, or (2) significant and relatively
rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH
which closely correlate to climatological or surface water conditions. Direct influence
must be determined for individual sources in accordance with criteria established by the
director. The director's determination of direct influence may be based on site-specific
measurements of water quality and/or documentation of well construction characteristics
and geology with field evaluation.
Section “A”: Definitions
5
1.29
"Initial compliance period" means the first full three-year compliance period which begins
at least 18 months after promulgation, except for dichloromethane, 1,2,4
trichlorobenzene, 1,1,2-trichloroethane, benzo[a]pyrene, dalapon, di(2-ethylhexyl)adipate,
di(2-ethylhexyl)phthalate,
dinoseb,
diquat,
endothall,
endrin,
glyphosate,
hexachlorbenzene, hexachlorocyclopentadiene, oxamyl(Vydate), picloram, simazine,
2,3,7,8-TCDD (Dioxin), antimony, beryllium, cyanide, nickle, and thallium, initial
compliance period means January 1993-December 1995 for systems with 150 or more
service connections and January 1996-December 1998 for systems having fewer than 150
service connections.
1.30
"Large water system", for the purpose of section 6, means a water system that serves more
than 50,000 persons.
1.31
"Lead service line" means a service line made of lead which connects the water main to the
building inlet and any lead pigtail, gooseneck or other fitting which is connected to such
lead line.
1.32
"Legionella" means a genus of bacteria, some species of which have caused a type of
pneumonia called Legionnaires Disease.
1.33
"License" means approval as specified in Section 46-13-2.1 of the General Laws of Rhode
Island, 1956 as amended.
1.34
"Manmade beta particle and photon emitters" - All radionuclides emitting beta particles
and/or photons listed in Maximum Permissible Body Burdens and Maximum Permissible
Concentrations of Radionuclides in Air or Water for Occupational Exposure, NBS
Handbook 69, except the daughter products of thorium - 232, uranium - 235, and uranium -
238.
1.35
"Maximum contaminant level" means the maximum permissible level of a contaminant in
water which is delivered to any user of a public water system.
1.36
"Medium-size water system" for the purpose of section 6 only, means a water system that
serves greater than 3,300 and less than or equal to 50,000 persons.
1.37
"Near the first service connection" means at one of the 20 percent of all service
connections in the entire system that are nearest the water supply treatment facility, as
measured by water transport time within the distribution system.
1.38
"Non-community water system" - A public water system that is not a community water
system.
1.39
"Noncompliance" - "Nonconformance" - "Failure to comply" - "Violation" - each mean
any act or failure to act which constitutes or results in or from:
Section “A”: Definitions
6
(i)
engaging in any activity prohibited by, or not in compliance with the Act or any rule,
regulation, permit, approval or order adopted pursuant to the Director's authority
thereunder;
(ii)
engaging in any business or other activity without a necessary permit, or approval
that is required by law or regulation;
(iii)
the failure to perform, or the failure to perform in a timely fashion, anything
required by the Act, by a rule, regulation, permit, approval or order adopted
pursuant to the Director's authority.
1.40
"Non-transient non-community water system" - A non-community water system that
regularly services at least twenty-five (25) of the same persons over six (6) months per
year.
1.41
"Optimal corrosion control treatment" for the purpose of section 6, means the corrosion
control treatment that minimizes the lead and copper concentrations at users' taps while
insuring that the treatment does not cause the water system to violate any other regulations
herein (Rules and Regulations Pertaining to Public Drinking Water).
1.42
"Order" means the whole or a part of a final disposition by the Department, whether
affirmative, negative, unjunctive, consent or declaratory in form, other than rulemaking but
including notices of violation, compliance orders, permits, and approvals issued pursuant
to the Director's authority.
1.43
"Permit" means an authorization, or equivalent control document issued by the
Department to implement the requirements of 46-13.
1.44
"Person" - shall include an individual, partnership, association, or corporation, or any town
or city or any agency thereof, or the state or any agency thereof, or any other legal entity.
1.45
"Picocurie (pCi)" - A unit of radioactivity equal to 2.22 nuclear transformations per
minute.
1.46
"Point of disinfectant application" is the point where the disinfectant is applied and water
downstream of that point is not subject to recontamination by surface water runoff.
1.47
"Point-of-entry treatment device" - means a treatment device applied to the drinking water
entering a house or building for the purpose of reducing contaminants in the drinking water
distributed throughout the house or building.
1.48
"Point-of-use treatment device" - A treatment device applied to a single tap used for the
purpose of reducing contaminants in drinking water.
Section “A”: Definitions
7
1.49
"Public water system” means a system for the provision to the public of water for human
consumption through pipes or other constructed conveyances, if such system has at least
fifteen (15) service connections or regularly serves at least twenty-five (25) individuals
daily at least sixty (60) days out of the year. Such term includes:
(i)
any collection, treatment, storage and distribution facilities under control of the
operator of such system and used primarily in connection with such system, and
(ii)
any collection or pretreatment storage facilities not under such control which are
used primarily in connection with such system.
1.50
"Rad" - A unit of absorbed dose equal to 100 ergs per gram in any medium. (100 rad = 1
gray)
1.51
"Rem" - The unit of dose equivalent from ionizing radiation to the total body or any
internal organ or organ system. (100 rem = 1 sievert)
1.52
"Repeat compliance period" means any subsequent compliance period after the initial
compliance period.
1.53
"Requirement" means any provision of the Act, or any rule, regulation, permit, approval or
order adopted pursuant to the Director's authority.
1.54
"Residual disinfectant concentration" ("C" in CT calculations) means the concentration of
disinfectant measured in mg/1 in a representative sample of water.
1.55
"Sanitary survey" - An on-site review of the water source, facilities, equipment, operation,
and maintenance of a public water system for the purpose of evaluating the adequacy of
such source, facilities, equipment, operation, and maintenance for producing and
distributing safe drinking water.
1.56
"Sedimentation" means a process for removal of solids before filtration by gravity or
separation.
1.57
"Service line sample" means a one-liter sample of water, collected in accordance with
section 6.86(b)(3), that has been standing for at least 6 hours in a service line.
1.58
"Single family structure" for the purpose of section 6 only, means a building constructed
as a single-family residence that is currently used as either a residence or a place of
business.
1.59
"Slow sand filtration" means a process involving passage of raw water through a bed of
sand at low velocity (generally less than 0.4 m/h or 1 gal./ft2/h resulting in substantial
particulate removal by physical and biological mechanisms.
Section “A”: Definitions
8
1.60
"Small water system" for the purpose of section 6 only, means a water system that serves
3,300 persons or fewer.
1.61
"Surface water" means all water which is open to the atmosphere and subject to surface
runoff.
1.62
"System with a single service connection" means a system which supplies drinking water to
consumers via a single service line.
1.63
"Too numerous to count" means that the total number of bacterial colonies exceeds 200
on a 47-mm diameter membrane filter used for coliform detection.
1.64
"Transient non-community water system or TWS" means a non-community water system
that does not regularly serve at least twenty-five (25) of the same persons over six (6)
months per year.
1.65
"Water purveyor" - Any person who owns or operates a public water system.
1.66
"Waterborne disease outbreak" means the significant occurrence of acute infectious
illness, epidemiologically associated with the ingestion of water from a public water
system which is deficient in treatment, as determined by the appropriate local or State
agency.
1.67
"Virus" means a virus of fecal origin which is infectious to humans by waterborne
transmission.
October 25, 2001
DWQ-definitions-section a-refiling-jan02.doc
Section 2.0 COVERAGE
2.1
These regulations apply to any public water system unless a public water system meets all
of the following conditions:
Section “B”: Coverage
9
a)
The system consists only of distribution or storage facilities (and does not have any
collection or treatment facilities);
b)
The system obtains all of its water from a public water system to which these
regulations apply; and
c)
The system does not sell water to any person.
2.2
General Requirements
a)
No person shall develop, maintain, or operate a public water supply system unless
said system is approved by the Director. Further, all public water supply systems
must be developed, operated, and maintained in accordance with the requirements
and provisions of these regulations in order for a public water supply system to
maintain approval by the Director.
b)
Should the Director find that a public water supply system is not developed,
maintained, or operated in compliance with regulatory provisions, he/she may
revoke, suspend or otherwise limit the approval previously granted.
c)
The director is authorized to enter at all reasonable times in or upon any private or
public property for the purpose of carrying out the provisions of these regulations
or making an inspection or investigation of a condition which the director believes
may be hazardous to the health of the consumers serviced by any public water
supply system or in violation of the regulations or orders promulgated under
Chapter 46-13.
2.3
Licensing Requirement
a)
Applicability
Pursuant to the provisions of Section 46-13-2.1 of the General Laws of Rhode
Island, as amended, no person shall operate or maintain a public water supply
system unless the system is licensed by the Director under the provisions of this
subsection.
Persons subject to licensure shall be assessed initial and annual renewal licensure
fees in accordance with the fee schedule listed for each category of public water
system in paragraph 2.3 c)2) of this subsection.
Section “B”: Coverage
10
b)
License Application
1)
To apply for a license, a public water system shall submit a completed
application to the Director on forms provided for this purpose. The
application shall include all information required by these regulations, as
well as by the form and the accompanying instructions. Applications for a
new public water system shall include a water system management plan that
demonstrates the financial, managerial, and technical capacity to comply
with statutory and regulatory requirements.
2)
The Director may at any time after filing of the original application require
further information in order to determine whether the application should be
approved or denied.
3)
Each application for a public water system license shall be signed by the
applicant or a person duly authorized to act on behalf of the applicant.
4)
No new public water system shall be licensed until: the application has been
approved, the public water system has been constructed in accordance with
the approved plans, and the water has been sampled and found to be in
compliance with the requirements of these regulations.
c)
License Fees
1)
Pursuant to the provisions of Section 46-13-2.1 of the General Laws of
Rhode Island, as amended, the Director shall grant a license to a public
water system that meets the licensure requirements set forth in these
regulations and upon submission of the license fee as listed in paragraph 2.3
c)2) of these regulations made payable by check to the General Treasurer,
State of Rhode Island. Said license, unless sooner suspended or revoked,
shall expire on the 30th day of June following its issuance and must be
renewed from year to year.
2)
The annual fee for licensure shall be as follows:
Transient non-community water system....$150.
Nontransient non-community water system...$250.
Community water system..$1.10 per connection:
minimum fee = $250.
maximum fee = $25,000.
Section “B”: Coverage
11
d)
Denial of License
1)
The Director may deny an application for a license if s/he determines that
the applicant has not demonstrated the ability to comply fully with the
applicable requirements established by the Act and/or by these regulations.
2)
An applicant whose application is denied may request a hearing in
accordance with the Administrative Procedures of the Rhode Island
Department of Health.
e)
Suspension or Revocation of a License
The Director may, for cause or for violation of these regulations, suspend or
revoke any license issued under this subsection. The Director may also review the
current status of any license with regard to current use of the water supply and any
change of use of the public water system.
f)
Renewal of License
1)
All licenses shall expire on the 30th day of June following its issuance
except as provided in 2.3 f)5).
2)
A renewal application must be filed with the Director by the 31st day of
May of each year on forms provided for this purpose.
3)
The appropriate licensing fee must accompany the renewal application.
4)
Renewal of a license shall be based upon: satisfactory compliance with the
regulations, and timely submission of a renewal application and fee.
5)
In any case in which a public water system not less than 30 days prior to
expiration of an existing license, has filed a renewal application and fee in
proper form for renewal, such existing license shall not expire until final
action on the application has been taken by the Director.
g)
Licenses shall be issued only for the public water supply system and persons named
on the application and shall not be transferable or assignable. Existing public water
systems which have significant change of use of the water supply shall be reviewed
and modified as deemed appropriate by the Director.
Section “B”: Coverage
12
Section 3.0 NEW WATER SOURCES
3.1
No source of water shall be developed for a public water system until a site plan prepared
by a professional engineer or land surveyor registered in accordance with Chapter 5-8 of
General Laws of Rhode Island, 1956, as amended, has been approved by the Director.
a)
Approval of plans and specifications granted an applicant shall expire within two
years if construction of the approved source has not begun within that period.
b)
Expired approvals may be renewed if the data provided in the application is
unchanged and attested to by the applicant; and the plans conform with all
construction standards and testing requirements in effect at the time of application
for renewal.
3.2
In the case of a proposed gravel packed or gravel developed well, the site plan shall contain
pertinent information within at least 1750 feet of the proposed well including, but not
limited to, the location of existing and proposed sewage disposal systems and any other
existing or proposed potential sources of pollution including but not limited to those listed
in Appendix 4. Generally, the land within 400 feet of such wells shall be reserved for
protection of the water quality of the well, and shall be delineated on the site plan by a
topographic mapping of the 400 feet area to an appropriate scale. This distance may be
modified at the discretion of the director taking into consideration such factors as the
volume and type of waste material to be disposed or stored in close proximity to the land
area reserved for protection of the well, the projected yield of the well, the depth below
grade to impervious formation, the depth below grade to the water table, the type of soil in
the area, or any other factors the director deems pertinent.
3.3
In the case of a proposed drilled (rock), driven, or dug well, the site plan shall show
pertinent information within at least 1750 feet of the proposed well including, but not
limited to, the location of existing and proposed sewage disposal systems and any other
existing or proposed potential sources of pollution including but not limited to those listed
in Appendix 4. Generally, the land within 200 feet of such wells shall be reserved for
protection of the water quality of the well, and shall be delineated on the site plan by a
topographic mapping of the 200 feet area to an appropriate scale. This distance may be
modified at the discretion of the director taking into consideration such factors as the
volume and type of waste material to be disposed or stored in close proximity to the land
area reserved for protection of the well, the depth below grade to impervious formation,
the depth below grade to the water table, the type of soil in the area, or any other factors
the director deems pertinent.
3.4
In the case of a proposed surface water source, the site plan shall show pertinent
information within the entire watershed of the proposed surface water supply, but not
limited to the location of existing and proposed sewage disposal systems and any other
Section “B”: Coverage
13
existing or proposed potential sources of pollution including but not limited to those listed
in Appendix 4. The portion of the watershed owned or controlled by the water purveyor
shall be clearly indicated. All surface water sources shall be provided with water treatment
consisting, as a minimum, of coagulation, sedimentation, filtration and disinfection.
3.5
All revisions to approved plans must be submitted to the director for approval. The
director may require a new application and/or site plan if the revisions are deemed
significant.
3.6
Land reserved for the protection of the well as (indicated on the plan) approved by the
director must remain under the direct control of the water supplier by either continued
ownership or recorded easement unless written permission to modify this area is granted
by the director.
3.7
It is the responsibility of the water supplier to maintain the protective well area free from
potential sources of contamination as listed in Appendix 4.
3.8
Connection to another Public Water Supply - A new public water supply shall not be
approved for use at any facility if another community public water supply is reasonably
accessible to such facility as determined by the Director, and permission to connect can be
obtained from the authority having jurisdiction.
3.9
Applications for approval of new water sources must be accompanied by an assessment of
the financial viability for said water system to maintain compliance with the requirements
of these regulations. The assessment shall include a discussion of operation costs
including: operation, maintenance, monitoring, anticipated future improvements, debt
repayment, and unforeseen emergencies or system breakdowns and a discussion of how the
necessary revenues to pay for these costs will be raised.
Section “B”: Coverage
14
Section 4.0 APPROVAL OF TREATMENT WORKS, STORAGE AND PUMPING FACILITIES
4.1
No new water treatment works or water storage or pumping facilities shall be constructed
or such existing works or facilities substantially altered until design plans and
specifications prepared by a professional engineer registered in accordance with Chapter
5-8 of the General Laws of Rhode Island, as amended, and a plan for operation and
maintenance have been approved by the director.
a)
Any chemical or substance added to a public water supply, any materials used in the
manufacture of public water supply components or appurtenances, or any pipe,
storage tank, valve, fixture or other materials which come in contact with water
intended for use in a public water supply shall meet American National Standards
Institute/NSF International standards, specifically ANSI/NSF Standard 60-1988 and
ANSI/NSF Standard 61-1991 which are hereby adopted by reference.
Only products which meet the standards adopted in or pursuant to this section shall
be used by a supplier of water in a public water supply. Certification that a product
meets the standards adopted pursuant to this Section by an organization having a
third-party certification program accredited by American National Standards
Institute to test and certify products shall be prima facie evidence that a product
meets the standards.
Product Type
Standard
Drinking Water Treatment
Chemicals
60
Pipes and Related Products
61
Protective (Barrier) Materials
61
Joining and Sealing Materials
61
Process Media
61
Mechanical Devices
61
Plumbing Devices
61
4.2
All newly constructed public water systems or additions to existing systems shall be
flushed, adequately disinfected, and the water examined for the presence of coliform
organisms in accordance with Appendix 1. No system shall be placed in use until such
examination discloses the absence of coliform organisms. Any waste water resulting from
disinfection must be disposed of properly, and with proper permits.
Section “B”: Coverage
15
4.3
All revisions to approved plans must be submitted to the director for approval. The
director may require a new application and/or site plan if the revisions are deemed
significant.
4.4
Use of Non-Centralized Treatment Devices
a)
Criteria and procedures for public water systems using point-of-entry devices.
1)
Public water systems may use point-of-entry devices to comply with
maximum contaminant levels only if they meet the requirements of this
section and are approved by the director.
2)
It is the responsibility of the public water system to operate and maintain
the point-of-entry treatment system.
3)
The public water system must develop and obtain the Director's approval for
a monitoring plan before point-of-entry devices are installed for
compliance. Under the plan approved by the Director, point-of-entry
devices must provide health protection equivalent to central water
treatment. "Equivalent" means that the water would meet all MCLS and
would be of acceptable quality similar to water distributed by a well-
operated central treatment plant. In addition to the VOCs, monitoring must
include physical measurements and observations such as total flow treated
and mechanical condition of the treatment equipment.
4)
Effective technology must be properly applied under a plan approved by the
Director and the microbiological safety of the water must be maintained.
i)
Adequate certification of performance and field testing must be
provided as required by the director.
ii)
The design and application of the point-of-entry devices must
consider the tendency for increase in heterotrophic bacteria
concentrations in water treated with activated carbon. It may be
necessary to use frequent backwashing, post-contractor disinfection,
and Heterotrophic Plate Count monitoring to ensure that the
microbiological safety of the water is not compromised.
5)
All consumers shall be protected. Every building connected to the system
must have a point-of-entry device installed, maintained, and adequately
monitored. The Director must be assured that every building is subject to
treatment and monitoring, and that the rights and responsibilities of the
public water system customer convey with title upon sale of property.
Section “B”: Coverage
16
4.5
Use of bottled water or point of use treatment devices
Public water systems shall not use bottled water or point-of-use devices to achieve
compliance with an MCL. Bottled water or point-of-use devices may be used on a
temporary basis to avoid an unreasonable risk to health, and only with prior approval of the
director.
a)
Where bottled water is used, the public water system is fully responsible for the
provision of sufficient quantities of bottled water to every person supplied by the
public water system. The water system must use an approved bottled water supply.
b)
Where a point of use device is used, it must comply with the requirements of
paragraph 4.4.
October 25, 2001
DWQ-coverage-section b-refiling-jan02.doc
Section “C”: Disinfection
17
Section 5.0 FILTRATION AND DISINFECTION:
5.1
General Requirements:
The requirements of this section establish criteria under which filtration is required as a
treatment technique for public water systems supplied by a surface water source, or a
ground water source under the direct influence of surface water.
In addition, these regulations establish treatment technique requirements in lieu of
maximum contaminant levels for the following contaminants: Giardia lamblia, viruses,
heterotrophic plate count bacteria, Legionella and turbidity.
Each public water system with a surface water source or a ground water source under the
direct influence of surface water must provide treatment of that source water that complies
with these treatment technique requirements.
5.1.1 The treatment technique requirements consist of installing and properly operating
water treatment processes which reliably achieve:
1)
At least 99.9 percent (3-log) removal and/or inactivation of Giardia lamblia
cysts between a point where the raw water is not subject to recontamination
by surface water runoff and a point downstream before or at the first
customer, and
2)
At least 99.99 percent (4-log) removal and or inactivation of viruses
between a point where the raw water is not subject to recontamination by
surface water runoff and a point downstream before or at the first
customer.
5.1.2 A public water system using a surface water source or a ground water source under
the direct influence of surface water is considered to be in compliance with the
requirements of section 5.1.1 if:
a)
It meets the requirements for avoiding filtration in section 5.2 below and
the disinfection requirements in section 5.3 OR
b)
It meets the filtration requirements in section 5.4.and the disinfection
requirements in section 5.3.
5.1.3 Each public water system using a surface water source or a ground water source
under the direct influence of surface water must be operated by qualified personnel
who meet the requirements of the Rules and Regulations Pertaining to the
Certification of Public Drinking Water Treatment and Transmission and Distribution
Operators promulgated pursuant to the authority set forth in Chapter 23-65 of the
General Laws of Rhode Island, as amended.
Section “C”: Disinfection
18
5.2 Criteria for avoiding filtration:
5.2.1 A public water system that uses a surface water source must meet all of the
conditions of sections 5.2.5 and 5.2.6 and is subject to 5.2.7 of this section
beginning December 30, 1991, unless the Director has determined in writing that
filtration is required.
5.2.2 A public water system that uses a ground water source under the direct influence of
surface water must meet all of the conditions of 5.2.5, 5.2.6 of this section and is
subject to section 5.2.7 18 months after the Director determines that it is under the
direct influence of surface water, unless the Director has determined in writing that
filtration is required.
5.2.3 If the Director determines in writing before December 30, 1991 that filtration is
required, the system must have installed filtration and meet the criteria for filtered
systems specified in these regulations by June 29, 1993.
5.2.4 Within 18 months of the failure of a system using surface water or a ground water
source under the direct influence of surface water to meet any one of the
requirements of 5.2.5 or 5.2.6 of this section or after June 29, 1993, whichever is
later, the system must have installed filtration and meet the criteria for filtered
systems specified in section 5.4.
5.2.5 Source Water Quality Conditions:
1)
The fecal coliform concentration must be equal to or less that 20/100ml or
the total coliform concentration must be equal to or less than 100/100 ml
(measured as specified in appendix 1) in representative samples of the
source water immediately prior to the first or only point of disinfectant
application in at least 90 percent of the samples taken for the six (6)
previous months that the system served water to the public on an ongoing
basis.
If a system measures both fecal and total coliforms, the fecal coliform
criterion, but not the total coliform criterion must be met.
2)
The turbidity level cannot exceed 5 NTU (measured as specified in appendix
1) in representative samples of the source water immediately prior to the
first or only point of disinfectant application.
5.2.6 Site Specific Conditions:
Section “C”: Disinfection
19
1)
Compliance
a)
The public water system must meet the requirements of 5.3.5(1) at
least 11 of the 12 previous months that the system served water to
the public on an ongoing basis.
b)
The public water system must meet the requirements of 5.3.5(2) and
5.3.5(3) at all times the system serves water to the public.
c)
The public water system must meet the requirements of 5.3.5(4) on
an ongoing basis.
2)
The public water system must maintain a watershed control program which
minimizes the potential for contamination by Giardia lamblia cyst and
viruses in the source water. The adequacy of a watershed control program
will be determined by the Director. The adequacy of a program to limit
potential contamination by Giardia lamblia cysts and viruses must include
but not be limited to the following measures:
a)
The comprehensiveness of the watershed review;
b)
The effectiveness of the system's program to monitor and control
detrimental activities occurring in the watershed; and
c)
The extent to which the water system has maximized land ownership
and/or controlled land use within the watershed. At a minimum, the
watershed control program must:
i)
characterize the watershed hydrology and land ownership;
ii)
identify watershed characteristics and activities which may
have an adverse effect on source water quality; and
iii)
monitor the occurrence of activities which may have an
adverse effect on source water quality.
The public water system must demonstrate through ownership and/or
written agreements with landowners within the watershed that it can
control all human activities which may have an adverse impact on the
microbiological quality of the source water.
The public water system must submit an annual report to the Director
that identifies any special concerns about the watershed and how
they are being handled; describes activities in the watershed that
affect water quality; and projects what adverse activities are expected
Section “C”: Disinfection
20
to occur in the future and describes how the public water system
expects to address them. Approved watershed protection plans or
wellhead protection plans may be used to the extent that they are
applicable.
3)
The public water system must be subject to an annual on-site inspection to
assess the watershed control program and disinfection treatment process.
A report of the on-site inspection summarizing all findings must be
prepared every year. The on-site inspection must indicate to the Director's
satisfaction that the watershed control program and disinfection treatment
process are adequately designed and maintained. The on-site inspection will
include but not be limited to:
i)
A review of the effectiveness of the watershed control
program;
ii)
A review of the physical condition of the source intake and
how well it is protected;
iii)
A review of the system's equipment maintenance program to
ensure there is low probability for failure of the disinfection
process;
iv)
An inspection of the disinfection equipment for physical
deterioration;
v)
A review of operating procedures;
vi)
A review of data records to ensure that all required tests are
being conducted and recorded and disinfection is effectively
practiced; and
vii)
identification of any improvements which are needed in the
equipment, system maintenance and operation or data
collection.
4)
The public water system must not have been identified as a source of a
waterborne disease outbreak, or if it has been so identified, the system must
have been modified sufficiently to prevent another such occurrence as
determined by the Director.
5)
The public water system must comply with the maximum contaminant level
(MCL) for total coliforms in Section 16.4 c) at least 11 of the 12 previous
Section “C”: Disinfection
21
months that the system served water to the public on an ongoing basis,
unless the Director determines that failure to meet this requirement was not
caused by a deficiency in treatment of the source water.
6)
The public water system must comply with the requirements for
trihalomethanes in Section 16.2.
5.2.7 Treatment Technique Violations:
A.
A system that fails to meet any one of the criteria in paragraphs 5.2.5 or 5.2.6 of
this section or for which the Director has determined that filtration is required in
writing and fails to install filtration by the date specified is in violation.
B.
A system that has not installed filtration is in violation of a treatment technique
requirement if:
1)
the turbidity level in a representative sample of the source water
immediately prior to the first or only point of disinfection application
exceeds 5 NTU or
2)
the system is identified as a source of a waterborne disease outbreak.
5.3
Disinfection
5.3.1 A public water system that uses a surface water source and does not provide
filtration treatment must provide the disinfection treatment specified in 5.3.5
beginning December 30, 1991 unless the Director determines that filtration is
required in writing.
5.3.2 A public water system that uses a ground water source under the direct influence of
surface water and does not provide filtration treatment must provide disinfection
treatment specified in paragraph 5.3.5 18 months after the Director determines that
the ground water source is under the influence of surface water, unless the Director
has determined that filtration is required in writing.
5.3.3 If the Director has determined that filtration is required, the system must comply
with any interim disinfection requirements the Director deems necessary before
filtration is installed. A system that uses a surface water source that provides
filtration treatment must provide the disinfection treatment specified in 5.3.6
beginning June 29, 1993 or beginning when filtration is installed, whichever is
later.
5.3.4 A system that uses a ground water source under the direct influence of surface
water and provides filtration treatment must provide disinfection treatment as
specified in section 5.3.6, beginning when filtration is installed. Failure to meet
any requirement of this section is a treatment technique violation.
Section “C”: Disinfection
22
5.3.5 Disinfection requirements for public water systems that do not provide filtration:
1)
The disinfection treatment must be sufficient to ensure at least 99.9 percent
(3-log) inactivation of Giardia lamblia cysts and 99.99 percent (4-log)
inactivation of viruses, every day the system serves water to the public,
except any one day each month. Each day a system serves water to the
public, the public water system must calculate the CT value(s) from the
system's treatment parameters, using the procedure specified in Section
5.6.1 (3) and 5.6.1 (4) and determine whether this value is sufficient to
achieve the specified inactivation rates for Giardia lamblia cysts and viruses.
If a system uses a disinfectant other than chlorine, the system may
demonstrate to the Director, through the use of a protocol approved by the
Director for on-site disinfection challenge studies or other information
satisfactory to the Director, that the CT 99.9 values other than those
specified in Tables 2.1 and 3.1 or other operational parameters are adequate
to demonstrate that the system is achieving minimum inactivation rates
required by paragraph 5.3.5(1) of this section.
2)
The disinfection system must have either (I) redundant components,
including an auxiliary power supply with automatic start-up and alarm to
ensure that disinfectant application is maintained continuously while water
is being delivered to the distribution system or (ii) automatic shut-off of
delivery of water to the distribution system whenever there is less than
0.2mg/l of residual disinfectant concentration in the water. If the Director
determines that automatic shut-off would cause unreasonable risk to health
or interfere with fire protection, the system must comply with paragraph
5.3.5(2)(I) of this section.
3)
The residual disinfectant concentration in the water entering the distribution
system measured as specified in section 5.5 cannot be less than 0.2 mg/l
for more than 4 hours.
4)
The residual disinfectant concentration in the distribution system, measured
as total chlorine, combined chlorine or chlorine dioxide as specified in
Section 5.5 cannot be undetectable in more than 5 percent of the samples
each month, for any two consecutive months that the system serves water to
the public.
Water in the distribution system with a heterotrophic bacteria concentration
less than or equal to 500/ml measured as heterotrophic plate count (HPC)
as specified in section 5.5 is deemed to have a detectable disinfectant
residual for purposes of determining compliance with this requirement.
Thus, the value "V" in the following formula cannot exceed 5 per cent in one
month for any two consecutive months:
Section “C”: Disinfection
23
V =
c+d+e x 100
a+b
where:
a=
number of instances where the residual disinfectant concentration is
measured;
b=
number of instances where the residual disinfectant concentration is
not measured but the heterotrophic bacteria plate count (HPC) is
measured;
c=
number of instances where the residual disinfectant concentration is
measured but not detected and no HPC is measured;
d=
number of instances where the residual disinfectant concentration is
measured but not detected and where the HPC is >500/ml; and
e=
number of instances where the residual disinfectant concentration is
not measured and HPC is >500/ml.
5.3.6 Disinfection requirements for public water systems which provide filtration.
Each public water system that provides filtration treatment must provide
disinfection treatment as follows:
1)
The disinfection treatment must be sufficient to ensure that the total
treatment processes of that system achieve at least 99.9 percent(3-log)
inactivation and/or removal of Giardia lamblia cysts and at least 99.99
percent (4-log) inactivation and/or removal of viruses as determined by the
Director.
2)
The residual disinfectant concentration in the water entering the distribution
system measured as specified in section 5.5 cannot be less than 0.2 mg/l
for more than 4 hours.
3)
The residual disinfectant concentration in the distribution system, measured
as total chlorine, combined chlorine or chlorine dioxide, as specified in
Section 5.5 cannot be undetectable in more than 5 percent of the samples
each month, for any two consecutive months that the system serves water to
the public.
Water in the distribution system with a heterotrophic bacteria concentration
less than or equal to 500/ml, measured as heterotrophic plate count (HPC)
as specified in section 5.5 is deemed to have a detectable disinfectant
residual for purposes of determining compliance with this requirement.
Section “C”: Disinfection
24
Thus the value of "V" cannot exceed 5 percent in one month for any two
consecutive months. [See formula in 5.3.5.4].
5.4
Filtration:
5.4.1 A public water system that uses a surface water source or a ground water source
under the direct influence of surface water, and does not meet all of the criteria in
section 5.2 for avoiding filtration, must provide treatment consisting of both
disinfection, as specified in 5.3.6 and filtration treatment which complies with the
requirements of section 5.4 by June 29, 1993, or within 18 months of the failure to
meet any one of the criteria for avoiding filtration, whichever is later. Failure to
meet any requirement of this section by the date specified in Section 5.4.1, shall
constitute a treatment technique violation.
5.4.2 Conventional filtration treatment or direct filtration:
1)
For systems using conventional filtration or direct filtration, the turbidity
level of representative samples of a system's filtered water must be less
than or equal to 0.5 NTU in at least 95 percent of the measurements taken
each month, measured as specified in section 5.5. However, if the Director
determines that the system is capable of achieving at least 99.9 percent
removal an/or inactivation of Giardia lamblia cysts at some turbidity level
higher than 0.5 NTU in at least 95 percent of the measurements taken each
month, the Director may substitute this higher turbidity limit for that
system.
In no case will a turbidity limit that allows more than 1 NTU in more than 5
percent of the samples taken each month, measured as specified in Section
5.5 be approved.
2)
The turbidity level of representative samples of a system's filtered water
must at no time exceed 5 NTU measured as specified in section 5.5.
5.4.3 Slow Sand Filtration:
1)
For systems using slow sand filtration, the turbidity level of representative
samples of a system's filtered water must be less that or equal to 1 NTU in
at least 95 percent of the measurements taken each month, measured as
specified in section 5.5.
2)
The turbidity level of representative samples of a system's filtered water
must at no time exceed 5 NTU measured as specified in section 5.5.
Section “C”: Disinfection
25
5.4.4 Diatomaceous Earth Filtration:
1)
For systems using diatomaceous earth filtration, the turbidity level of
representative samples of a system's filtered water must be less than or
equal to 1 NTU in at least 95 percent of the measurements taken each
month, measured as specified in section 5.5.
2)
The turbidity level of representative samples of a system's filtered water
must at no time exceed 5 NTU, measured as specified in section 5.5.
5.4.5 Other Filtration Technologies:
A public water system may use a filtration technology not listed in sections 5.4.2,
5.4.3 or 5.4.4, if it demonstrates to the Director, using pilot plant studies or other
means, that the alternative filtration technology, in combination with disinfection
treatment that meets the requirements of section 5.3.6, consistently achieves 99.9
percent removal and/or inactivation of Giardia lamblia cysts and 99.99 percent
removal and/or inactivation of viruses. For a system that makes this demonstration,
the requirements of section 5.4.3 apply.
5.5
Analytical Monitoring Requirements
5.5.1 Only the analytical method(s) specified in this section, or otherwise approved by
the Director may be used to demonstrate compliance with the requirements of
sections 5.2, 5.3, or 5.4.
Measurements for pH, temperature, turbidity, and residual disinfectant
concentrations must be conducted by a party approved by the Director.
Measurements for total coliforms, fecal coliforms and HPC must be conducted by
a laboratory certified by the Director or EPA to do such analysis.
5.5.2 The following procedures shall be performed in accordance with the methods
listed.
1)
Fecal Coliform/E. Coli Concentration Method, as set forth in Appendix 1.
2)
Total Coliform Concentration, as set forth in Appendix 1.
3)
Heterotrophic Plate Count, as set forth in Appendix 1.
4)
Turbidity, as set forth in Appendix 1.
5)
Residual Disinfectant Concentration, as set forth in Appendix 1.
Section “C”: Disinfection
26
6)
Temperature, Method 212, pp126-127, as set forth in Appendix 1.
7)
pH Method 423 (pH value) pp 429-437 as set forth in Appendix 1.
8)
Minimal Medium ONPG-MUG method for simultaneous enumeration of
total coliform and E. Coli as set forth in Appendix 1.
9)
Indigo Method for determination of Ozone in water as set forth in Appendix
1.
5.6
Monitoring Requirements for Systems That Do Not Provide Filtration:
5.6.1 A public water system that uses a surface water source and does not provide
filtration treatment must begin monitoring, as specified in this section beginning
December 31, 1990, unless the Director has determined that filtration is required
in writing, in which case the Director may specify alternative monitoring
requirements, until filtration is in place.
A public water system that uses a ground water source under the direct influence of
surface water and does not provide filtration treatment must begin monitoring as
specified in this section 6 months after the Director determines that the ground
water source is under the direct influence of surface water, unless the Director has
determined that filtration is required in writing.
1)
Fecal coliform or total coliform density measurements as required by
section 5.2.5 must be performed on representative source water samples
immediately prior to the first or only point of disinfectant application. The
system must sample for fecal or total coliforms at the following minimum
frequency each week the system serves water to the public:
System Size (Persons Served)
Samples/Week *
<500
1
501 to 3,300
2
3,301 to 10,000
3
10,001 to 25,000
4
>25,000
5
*Samples must be taken on separate days
Also, one fecal or total coliform density measurement must be made every
day the system serves water to the public and the turbidity of the source
water exceeds 1 NTU (these samples count toward the weekly coliform
Section “C”: Disinfection
27
sampling requirement,) unless the Director determines that the system for
logistical reasons outside the system's control cannot have the sample
analyzed within 30 hours of collection.
2)
Turbidity measurements as required by section 5.2.5(2) must be performed
on representative grab samples of source water immediately prior to the
first or only point of disinfectant application every four hours ( or more
frequently) that the system serves water to the public. A public water system
may substitute continuous turbidity monitoring for grab sample monitoring
if it validates the continuous measurement for accuracy on a regular basis
using a protocol approved by the Director.
3)
The total inactivation ratio for each day that the system is in operation must
be determined based on the CT99.9 values in Tables 1.1-1.6, 2.1 and 3.1 of
this section, as appropriate. The parameters necessary to determine the total
inactivation ratio must be monitored as follows:
i)
The temperature of the disinfected water must be measured at least
once er day at each residual disinfectant concentration sampling
point.
ii)
If the system uses chlorine, the pH of the disinfected water must be
measured at least once per day at each chlorine residual disinfectant
concentration sampling point.
iii)
The disinfectant contact time(s) ("T") must be determined for each
day during peak hourly flow.
iv)
The residual disinfectant concentration(s) ("C") of the water before
or at the first customer must be measured each day during peak
hourly flow.
v)
If a system uses a disinfectant other than chlorine, the system may
demonstrate to the Director, through the use of a protocol approved
by the Director for on-site disinfection challenge studies or other
information satisfactory to the Director that CT99.9 values other
than those specified in Tables 2.1 and 3.1 in this section or other
operational parameters are adequate to demonstrate that the system
is achieving the minimum inactivation rates required by section
5.3.5(1).
4)
The total inactivation ratio must be calculated as follows:
Section “C”: Disinfection
28
i)
If the system uses only one point of disinfectant application, the
system may determine the total inactivation ratio based on either of
the following two methods:
A)
One inactivation ratio (CT calc/CT99.9) is determined before
or at the first customer during peak hourly flow and if the CT
calc/CT99.9>1.0, the 99.9 percent Giardia lamblia
inactivation requirement has been achieved; OR
B)
Successive CTcalc/CT99.9 values representing sequential
inactivation ratios, are determined between the point of
disinfectant application and a point before or at the first
customer during peak hourly flow. Under this alternative, the
following method must be used to calculate the total
inactivation ratio:
(1)
Determine (CT calc/CT 99.9) for each sequence
(2)
Add the (CT calc/CT 99.9) values together
(the sum of all CT calc/CT 99.9)
(3)
If the sum of (CT calc/CT 99.9) >1.0
Then the 99.9 percent Giardia lamblia inactivation
requirement has been achieved.
ii)
If the system uses more than one point of disinfectant application
before or at the first customer, the system must determine the CT
value of each disinfection sequence immediately prior to the next
point of disinfectant application during peak hourly flow. The
CTcalc/CT99.9 value of each sequence and the sum of
CTcalc/CT99.9 must be calculated using the method in section
5.6.1(4)(I)(B) of this section to determine if the system is in
compliance with section 5.3.5.
iii)
Although not required, the total percent inactivation for a system
with one or more points of residual disinfectant concentration
monitoring may be calculated by solving the following equation:
Percent inactivation = 100-(100/10Z)
where Z=3x the sum of (Ctcalc/CT99.9)
5)
The residual disinfectant concentration of the water entering the distribution
system must be monitored continuously, and the lowest value must be
Section “C”: Disinfection
29
recorded each day. In the event of system monitoring failure, grab sampling
may be conducted every 4 hours, for no more than 5 working days.
Systems serving 3,300 or fewer persons may take grab samples in lieu of
continuous monitoring on an ongoing basis at the frequencies prescribed
below:
System Size by Population
Samples/day *
<501
1
501 to 1,000
2
1,001 to 2,500
3
2,501 to 3,300
4
*The day's samples cannot be taken at the same time.
The sampling intervals are subject to the Director's review and approval.
If at any time the residual disinfectant concentration falls below 0.2 mg/l in
a system using grab sampling in lieu of continuous monitoring, the system
must take a grab sample every 4 hours until the residual concentration is
equal to or greater than 0.2 mg/l.
6)
The residual disinfectant concentration must be measured at least at the
same points in the distribution system and at the same time as total
coliforms are sampled, as specified in section16.4, however the Director
may allow a public water system which uses both a surface water source or a
ground water source under direct influence of surface water, and a ground
water source to take disinfectant residual samples at points other than the
total coliform sampling points, if the Director determines that such points
are more representative of treated (disinfected) water quality within the
distribution system.
Heterotrophic bacteria, measured as heterotrophic plate count (HPC) as
specified in section 5.5.2 may be measured in lieu of residual disinfectant
concentration.
5.7
Monitoring Requirements for Systems Using Filtration Treatment
5.7.1 A public water system that uses a surface water source or a ground water source
under the influence of surface water and provides filtration treatment must monitor
in accordance with this section, beginning June 29, 1993, or when filtration is
installed, whichever is later.
Section “C”: Disinfection
30
1)
Turbidity measurements as required by section 5.4 must be performed on
representative samples of the systems filtered water every four hours (or
more frequently) that the system serves water to the public. A public water
system may substitute continuous turbidity monitoring for grab sample
monitoring if it validates the continuous measurement for accuracy on a
regular basis, using a protocol approved by the Director.
For any systems using slow sand filtration or filtration treatment other than
conventional treatment, direct filtration or diatomacious earth filtration, the
Director may reduce the sampling frequency to once per day if it
determines that less frequent monitoring is sufficient to indicate effective
filtration performance.
For systems serving 500 or fewer persons, the Director may reduce the
turbidity sampling frequency to once per day, regardless of the type of
filtration treatment used, if the Director determines that less frequent
monitoring is sufficient to indicate effective filtration performance.
2)
The residual disinfectant concentration of the water entering the distribution
system must be monitored as indicated in sections 5.6.1(5) and 5.6.1(6).
5.8
Reporting and Record Keeping Requirements:
5.8.1 A public water system that uses a surface water source and does not provide
filtration treatment must report the following information monthly to the Director
beginning December 31, 1990 unless the Director has determined that filtration is
required in writing in which case the Director may specify alternate reporting
requirements as appropriate until filtration is in place.
A public water system that uses a ground water source under the direct influence of
surface water and does not provide filtration treatment must report monthly to the
Director, the following information beginning no later than six (6) months after the
Director determines that the ground water source is under the direct influence of
surface water.
1)
Source water quality information must be reported to the Director within
ten (10) days after the end of each month the system serves water to the
public.
Information that must be reported:
i)
The cumulative number of months for which results are reported.
ii)
The number of fecal and/or total coliform samples, whichever are
analyzed during the month (if a system monitors for both, only fecal
Section “C”: Disinfection
31
coliforms must be reported,) the dates of sample collection and the
dates when the turbidity level exceeded 1 NTU.
iii)
The number of samples during the month that had equal to or less
than 20/100 ml fecal coliforms and/or equal to or less than 100/100
ml total coliforms, whichever are analyzed.
iv)
The cumulative number of fecal or total coliform samples,
whichever are analyzed during the previous six months the system
served water to the public.
v)
The cumulative number of samples that had equal to or less than
20/100 ml fecal coliforms or equal to or less than 100/100 ml total
coliforms, whichever are analyzed during the previous six months the
system served water to the public.
vi)
The percentage of samples that had equal to or less than 20/100 ml
fecal coliforms or equal to or less than 100/100 ml total coliforms,
whichever are analyzed during the previous six months the system
served water to the public.
vii)
The maximum turbidity level measured during the month, the date(s)
of occurrence for any measurement(s) which exceeded 5 NTU, and
the date(s) the occurrence(s) was reported to the Director.
viii)
For the first 12 months of r ecord-keeping, the dates and cumulative
number of events during which the turbidity exceeded 5 NTU and
after one year of record keeping for turbidity measurements, the
dates and cumulative number of events during which the turbidity
exceeded 5 NTU in the previous 12 months the system served water
to the public.
ix)
For the first 120 months of record keeping, the dates and cumulative
number of events during which the turbidity exceeded 5 NTU and
after 10 years of record keeping for turbidity measurements, the
dates and cumulative number of events during which the turbidity
exceeded 5 NTU in the previous 120 months they system service
water to the public.
2)
Disinfection information must be reported to the Director within 10 days
after the end of each month the system serves water to the public.
Information that must be reported:
i)
For each day, the lowest measurement of residual disinfectant
concentration in mg/l in water entering the distribution system.
Section “C”: Disinfection
32
ii)
The date and duration of each period when the residual disinfectant
concentration in water entering the distribution system fell below
0.2 mg/l and when the Director was notified of the occurrence.
iii)
The daily residual disinfectant concentration(s) (in mg/l) and
disinfectant contact time(s) ( in minutes) used for calculating the CT
value(s).
iv)
If chlorine is used, the daily measurement(s) of pH of disinfected
water following each point of chlorine disinfection.
v)
The daily measurement(s) of water temperature in degrees
centigrade following each point of disinfection.
vi)
The daily CT calc and CTcalc/CT99.9 values for each disinfectant
measurement or sequence and the sum of all CTcalc/CT99.9 values
(CTcalc/CT99.9) before or at the first customer.
vii)
The daily determination of whether disinfection achieves adequate
Giardia cyst and virus inactivation, i.e. whether (CTcalc/CT99.9) is at
least 1.0 or where disinfectants other than chlorine are used, other
indicator conditions that the Director determines are appropriate, are
met.
viii)
The following information on the samples taken in the distribution
system in conjunction with total coliform monitoring specified as in
section 5.3.
A)
number of instances where the residual disinfectant
concentration is measured;
B)
number of instances where the residual disinfectant
concentration is not measured but heterotrophic bacteria
plate count (HPC) is measured;
C)
number of instances where the residual disinfectant
concentration is measured, but not detected and no HPC is
measured;
D)
number of instances where the residual disinfectant
concentration is detected and where HPC is >500/ml;
E)
number of instances where the residual disinfectant
concentration is not measured and HPC is >500/ml;
Section “C”: Disinfection
33
F)
for the current and previous month the system served water to
the public, the value of "V", as defined in section 5.3.5.
ix)
A system need not report the data listed in section 5.8.1(2)(i) and
(iii)-(vi) if all data listed in 5.8.1(2) (i)-(viii) remain on file at the
system and the Director determines that:
A)
The system has submitted to the Director all the information
required for at least 12 months; and
B)
The Director has determined that the system is not required
to provide filtration treatment
3)
No later than October 10 of each year each system must provide to the
Director a report which summarizes its compliance with all watershed
control program requirements specified in 5.2.6(2).
4)
A report on the on-site inspection conducted during that year as specified in
5.2.6(3).
5)
Each system upon discovering that a waterborne disease outbreak
potentially attributable to that water system has occurred must report that
occurrence to the Director as soon as possible, but no later than the end of
the next business day.
If at any time the turbidity exceeds 5 NTU, the system must inform the
Director as soon as possible, but no later than the end of the next business
day.
If at any time the residual falls below 0.2 mg/l in the water entering the
distribution system, the system must notify the Director as soon as
possible, but no later than by the end of the next business day. The system
must notify the Director by the end of the next business day whether or not
the residual was restored to at least 0.2 mg/l within 4 hours.
5.8.2 A public water system that uses a surface water source or a ground water source
under the direct influence of surface water and provides filtration treatment must
report monthly to the Director the following information, beginning June 29, 1993
or when filtration is installed, whichever is later:
1)
Turbidity measurements as required by section 5.7.1 (1) must be reported
within 10 days after the end of each month the system serves water to the
public and shall include no less than the following:
Section “C”: Disinfection
34
i)
The total number of filtered water turbidity measurements taken
during the month.
ii)
The number and percentage of filtered water turbidity measurements
taken during the month which are less than or equal to the turbidity
limits specified in section 5.4 for the filtration technology being
used.
iii)
The date and value of any turbidity measurements taken during the
month which exceed 5 NTU.
2)
Disinfection information must be reported to the Director within 10 days
after the end of each month and must include all items specified in sections
5.8.1(2)(i),(ii), (viii), and 5.8.1(5).
Section “C”: Disinfection
35
TABLE 1.1
CT VALUES (CT99.9) FOR 99.9 PERCENT INACTIVATION OF GIARDIA
LAMBLIA CYSTS BY FREE CHLORINE AT 0.5°°C OR LOWER1
Residual (mg/l)
pH
<6.0
6.5
7.0
7.5
8.0
8.5
<9.0
<0.4
137
163
195
237
277
329
390
0.6
141
168
200
239
286
342
407
0.8
145
172
205
246
295
354
422
1.0
148
176
210
253
304
365
437
1.2
152
180
215
259
313
376
451
1.4
155
184
221
266
321
387
464
1.6
157
189
226
273
329
397
477
1.8
162
193
231
279
338
407
489
2.0
165
197
236
286
346
417
500
2.2
169
201
242
297
353
426
511
2.4
172
205
247
298
361
435
522
2.6
175
209
252
304
368
444
533
2.8
178
213
257
310
375
452
543
3.0
181
217
261
316
382
460
552
1These CT values achieve greater than a 99.99 percent inactivation of viruses. CT values between the indicated pH
values may be determined by interpolation. CT values between the indicated temperatures of different tables may be
determined by linear interpolation. If no interpolation is used, use the CT99.9 value at the lower temperature and at the
higher pH.
Section “C”: Disinfection
36
TABLE 1.2
CT VALUES (CT99.9) FOR 99.9 PERCENT INACTIVATION OF GIARDIA
LAMBLIA CYSTS BY FREE CHLORINE AT 0.5°°C1
Free Residual
(mg/l)
pH
<6.0
6.5
7.0
7.5
8.0
8.5
<9.0
<0.4
97
117
139
166
198
236
279
0.6
100
120
143
171
204
244
291
0.8
103
122
146
175
210
252
301
1.0
105
125
149
179
216
260
312
1.2
107
127
152
183
221
267
320
1.4
109
130
155
187
227
274
329
1.6
111
132
158
192
232
281
337
1.8
114
135
162
196
238
287
345
2.0
116
138
165
200
243
294
353
2.2
118
140
169
204
248
300
361
2.4
120
143
172
209
253
306
368
2.6
122
146
175
213
258
312
375
2.8
124
148
178
217
263
318
382
3.0
126
151
182
221
268
324
389
1These CT values achieve greater than a 99.99 percent inactivation of viruses. CT values between the indicated pH
values may be determined by interpolation. CT values between the indicated temperatures of different tables may be
determined by linear interpolation. If no interpolation is used, use the CT99.9 value at the lower temperature and at the
higher pH.
Section “C”: Disinfection
37
TABLE 1.3 CT VALUES (CT99.9) FOR 99.9 PERCENT INACTIVATION OF GIARDIA
LAMBLIA CYSTS BY FREE CHLORINE AT 10.0°°C1
Free Residual
(mg/l)
pH
<6.0
6.5
7.0
7.5
8.0
8.5
<9.0
<0.4
73
88
104
125
149
177
209
0.6
75
90
107
128
153
183
218
0.8
78
92
110
131
158
189
226
1.0
79
94
112
134
162
195
234
1.2
80
95
114
137
166
200
240
1.4
82
98
116
140
170
206
247
1.6
83
99
119
144
174
211
253
1.8
86
101
122
147
179
215
259
2.0
87
104
124
150
182
221
265
2.2
89
105
127
153
186
225
271
2.4
90
107
129
157
190
230
276
2.6
92
110
131
160
194
234
281
2.8
93
111
134
163
197
239
287
3.0
95
113
137
166
201
243
292
1These CT values achieve greater than a 99.99 percent inactivation of viruses. CT values between the indicated pH
values may be determined by interpolation. CT values between the indicated temperatures of different tables may be
determined by linear interpolation. If no interpolation is used, use the CT99.9 value at the lower temperature and at the
higher pH.
Section “C”: Disinfection
38
TABLE 1.4 CT VALUES (CT99.9) FOR 99.9 PERCENT INACTIVATION OF GIARDIA
LAMBLIA
CYSTS
BY
FREE
CHLORINE
AT
15.0°°C1
Free Residual
(mg/l)
pH
<6.0
6.5
7.0
7.5
8.0
8.5
<9.0
<0.4
49
59
70
83
99
118
140
0.6
50
60
72
86
102
122
146
0.8
52
61
73
88
105
126
151
1.0
53
63
75
90
108
130
156
1.2
54
64
76
92
111
134
160
1.4
55
65
78
94
114
137
165
1.6
56
66
79
96
116
141
169
1.8
57
68
81
98
119
144
173
2.0
58
69
83
100
122
147
177
2.2
59
70
85
102
124
150
181
2.4
60
72
86
105
127
153
184
2.6
61
73
88
107
129
156
188
2.8
62
74
89
109
132
159
191
3.0
63
76
91
111
134
162
195
1These CT values achieve greater than a 99.99 percent inactivation of viruses. CT values between the indicated pH
values may be determined by interpolation. CT values between the indicated temperatures of different tables may be
determined by linear interpolation. If no interpolation is used, use the CT99.9 value at the lower temperature and at the
higher pH.
Section “C”: Disinfection
39
TABLE 1.5
CT VALUES (CT99.9) FOR 99.9 PERCENT INACTIVATION OF GIARDIA
LAMBLIA CYSTS BY FREE CHLORINE AT 20.0°°C1
Free Residual
(mg/l)
pH
<6.0
6.5
7.0
7.5
8.0
8.5
<9.0
<0.4
36
44
52
62
74
89
105
0.6
38
45
54
64
77
92
109
0.8
39
46
55
66
79
95
113
1.0
39
47
56
67
81
98
117
1.2
40
48
57
69
83
100
120
1.4
41
49
58
70
85
103
123
1.6
42
50
59
72
87
105
126
1.8
43
51
61
74
89
108
129
2.0
44
52
62
75
91
110
132
2.2
44
53
63
77
93
113
135
2.4
45
54
65
78
95
115
138
2.6
46
55
66
80
97
117
141
2.8
47
56
67
81
99
119
143
3.0
47
57
68
83
101
122
146
1These CT values achieve greater than a 99.99 percent inactivation of viruses. CT values between the indicated pH
values may be determined by interpolation. CT values between the indicated temperatures of different tables may be
determined by linear interpolation. If no interpolation is used, use the CT99.9 value at the lower temperature and at the
higher pH.
Section “C”: Disinfection
40
TABLE 1.6
CT VALUES (CT99.9) FOR 99.9 PERCENT INACTIVATION OF GIARDIA
LAMBLIA CYSTS BY FREE CHLORINE AT 25°°C1 AND HIGHER
Free Residual
(mg/l)
pH
<6.0
6.5
7.0
7.5
8.0
8.5
<9.0
<0.4
24
29
35
42
50
59
70
0.6
25
30
36
43
51
61
73
0.8
26
31
37
44
53
63
75
1.0
26
31
37
45
54
65
78
1.2
27
32
38
46
55
67
80
1.4
27
33
39
47
57
69
82
1.6
28
33
40
48
58
70
84
1.8
29
34
41
49
60
72
86
2.0
29
35
41
50
61
74
88
2.2
30
35
42
51
62
75
90
2.4
30
36
43
52
63
77
92
2.6
31
37
44
53
65
78
94
2.8
31
37
45
54
66
80
96
3.0
32
38
46
55
67
81
97
1These CT values achieve greater than a 99.99 percent inactivation of viruses. CT values between the indicated pH
values may be determined by interpolation. CT values between the indicated temperatures of different tables may be
determined by linear interpolation. If no interpolation is used, use the CT99.9 value at the lower temperature and at the
higher pH.
Section “D”: Lead and Copper
41
TABLE 2.1
CT VALUES (CT99.9) FOR 99.9 PERCENT INACTIVATION OF GIARDIA
LAMBLIA CYSTS BY CHLORINE DIOXIDE AND OZONE1
Free Residual (mg/l)
Temperature
1 °C
5°C
10°C
15°C
20°C
>25°C
Chlorine dioxide
63
26
23
19
15
11
Ozone
2.0
1.9
1.4
0.95
0.72
0.46
1These CT values achieve greater than 99.99 percent inactivation of viruses. CT values between the indicated
temperatures may be determined by linear interpolation. If no interpolation is used, use the CT99.9 value at the
lower temperature for determining CT99.9 values between indicated temperatures.
TABLE 3.1
CT VALUES (CT99.9) for 99.9 PERCENT INACTIVATION OF GIARDIA
LAMBLIA CYSTS BY CHLORAMINES1
Temperature
<1 °C
5 °C
10 °C
15 °C
20 °C
>25 °C
2.0
1.9
1.4
0.95
0.72
0.46
1These values are for pH values of 6 to 9. These CT values may be assumed to achieve greater than 99.99
percent inactivation of viruses only if chlorine is added and mixed in the water prior to the addition of ammonia.
If this condition is not met, the system must demonstrate, based on on-site studies or other information, as
approved by the State, that the system is achieving at least 99.99 percent inactivation of viruses. CT values
between the indicated temperatures may be determined by linear interpolation. If no interpolation is used, use the
CT99.9 value at the lower temperature for determining CT99.9 values between indicated temperatures.
October 25, 2001
DWQ-filtrationanddisinfection-section c-refiling-jan02.doc
Section “D”: Lead and Copper
42
Section 6.0 CONTROL OF LEAD AND COPPER
§6.80 General requirements
§6.81 Applicability of corrosion control treatment steps to small, medium-size and large water
systems
§6.82 Description of corrosion control treatment requirements
§6.83 Source water treatment requirements
§6.84 Lead service line replacement requirements
§6.85 Public education and supplemental monitoring requirements
§6.86 Monitoring requirements for lead and copper in tap water
§6.87 Monitoring requirements for water quality parameters
§6.88 Source monitoring requirements for lead and copper in water
§6.89 Analytical methods
§6.90 Reporting requirements
§6.91 Record keeping requirements
§6.80 General Requirements
(a) Applicability and Effective Dates
(1)
The requirements of Section 6 constitute the national primary drinking water
regulations for lead and copper. Unless otherwise indicated, each of the provisions
of this section applies to community water systems and non-transient, non-
community water systems (hereinafter referred to as "water systems" or "systems").
(2)
The requirements set forth in §§6.86-6.91 shall take effect July 7, 1991. The
requirements in §§6.80-6.85 shall take effect December 7, 1992.
(b) Scope
These regulations establish a treatment technique that includes requirements for corrosion control
treatment, source water treatment, lead service line replacement, and public education. These
requirements are triggered, in some cases, by lead and copper action levels measured in samples
collected at consumers' taps.
(c)
Lead and Copper Action Levels
(1)
The lead action level is exceeded if the concentration of lead in more than 10
percent of tap water samples collected during any monitoring period conducted in
accordance with §6.86 is greater than 0.015 mg/L (i.e., if the "90th percentile" lead
level is greater than 0.015 mg/L).
Section “D”: Lead and Copper
43
(2)
The copper action level is exceeded if the concentration of copper in more than 10
percent of tap water samples collected during any monitoring period conducted in
accordance with §6.86 is greater than 1.3 mg/L (i.e., if the "90th percentile" copper
level is greater than 1.3 mg/L).
(3)
The 90th percentile lead and copper levels shall be computed as follows:
(i)
The results of all lead or copper samples taken during a monitoring period
shall be placed in ascending order from the sample with the lowest
concentration to the sample with the highest concentration. Each sampling
result shall be assigned a number, ascending by single integers beginning
with the number 1 for the sample with the lowest contaminant level. The
number assigned to the sample with the highest contaminant level shall be
equal to the total number of samples taken.
(ii)
The number of samples taken during the monitoring period shall be
multiplied by 0.9.
(iii)
The contaminant concentration in the numbered sample yielded by the
calculation in paragraph (c)(3)(ii) is the 90th percentile contaminant level.
(iv)
For water systems serving fewer than 100 people that collect 5 samples per
monitoring period, the 90th percentile is computed by taking the average of
the highest and second highest concentrations.
(d) Corrosion Control Treatment Requirements
(1)
All water systems shall install and operate optimal corrosion control treatment as
defined in Section 1.
(2)
Any water system that complies with the applicable corrosion control treatment
requirements specified by the Director under §§6.81 and 6.82 shall be deemed in
compliance with the treatment requirement contained in paragraph (d)(1) of this
section.
(e) Source Water Treatment Requirements
Any system exceeding the lead or copper action level shall implement all applicable source water
treatment requirements specified by the Director under §6.83.
(f) Lead Service Line Replacement Requirements
Section “D”: Lead and Copper
44
Any system exceeding the lead action level after implementation of applicable corrosion control
and source water treatment requirements shall complete the lead service line replacement
requirements contained in §6.84.
(g) Public Education Requirements
Any system exceeding the lead action level shall implement the public education requirements
contained in §6.85.
(h) Monitoring and Analytical Requirements
Tap water monitoring for lead and copper, monitoring for water quality parameters, source water
monitoring for lead and copper, and analyses of the monitoring results under this subpart shall be
completed in compliance with §§6.86, 6.87, 6.88, and 6.89.
(i) Reporting Requirements
Systems shall report to the Director any information required by the treatment provisions of this
subpart and §6.90.
(j) Record Keeping Requirements
Systems shall maintain records in accordance with §6.91.
(k)
Failure to comply with the applicable requirements of §§6.80-6.91, including requirements
established by the Director pursuant to these provisions, shall constitute a violation of
these regulations.
§6.81 Applicability of Corrosion Control Treatment Steps to Small, Medium-size and Large Water
Systems
(a)
Systems shall complete the applicable corrosion control treatment requirements described
in §6.82 by the deadlines established in this section.
(1)
A large system (serving >50,000 persons) shall complete the corrosion control
treatment steps specified in paragraph (d) of this section, unless it is deemed to
have optimized corrosion control under paragraph (b)(2) or (b)(3) of this s ection.
(2)
A small system (serving <3300 persons) and a medium-size system (serving
>3,300 and <50,000 persons) shall complete the corrosion control treatment steps
specified in paragraph (e) of this section, unless it is deemed to have optimized
corrosion control under paragraph (b)(1), (b)(2), or (b)(3) of this section.
Section “D”: Lead and Copper
45
(b)
A system is deemed to have optimized corrosion control and is not required to complete
the applicable corrosion control treatment steps identified in this section if the system
satisfies one of the criteria specified in paragraphs (b)(1) through (b)(3) of this section.
Any such system deemed to have optimized corrosion control under this paragraph, and
which has treatment in place, shall continue to operate and maintain optimal corrosion
control treatment and meet any requirements that the Director determines appropriate to
ensure optimal corrosion control treatment is maintained.
(1)
A small or medium-size water system is deemed to have optimized corrosion
control if the system meets the lead and copper action levels during each of two
consecutive six-month monitoring periods conducted in accordance with §6.86.
(2)
Any water system may be deemed by the Director to have optimized corrosion
control treatment if the system demonstrates to the satisfaction of the Director that
it has conducted activities equivalent to the corrosion control steps applicable to
such system under this section. If the Director makes this determination, the
Director shall provide the system with written notice explaining the basis for his
decision and shall specify the water quality control parameters representing
optimal corrosion control in accordance with §6.82(f). Water systems deemed to
have optimized corrosion control under this paragraph shall operate in compliance
with the Director-designated optimal water quality control parameters in
accordance with §6.82(g) and continue to conduct lead and copper tap and water
quality parameter sampling in accordance with §6.86(d)(3) and §6.87(d),
respectively. A system shall provide the Director with the following information in
order to support a determination under this paragraph:
(i)
the results of all test samples collected for each of the water quality
parameters in §6.82(c)(3).
(ii)
a report explaining the test methods used by the water system to evaluate the
corrosion control treatments listed in §6.82(c)(1), the results of all tests
conducted, and the basis for the system's selection of optimal corrosion
control treatment;
(iii)
a report explaining how corrosion control has been installed and how it is
being maintained to insure minimal lead and copper concentrations at
consumers' taps; and
(iv)
the results of tap water samples collected in accordance with §6.86 at least
once every six months for one year after corrosion control has been
installed.
Section “D”: Lead and Copper
46
(3)
Any water system is deemed to have optimized corrosion control if it submits
results of tap water monitoring conducted in accordance with §6.86 and source
water monitoring conducted in accordance with §6.88 that demonstrates for two
consecutive six-month monitoring periods that the difference between the 90th
percentile tap water lead level computed under §6.80(c)(3), and the highest source
water lead concentration, is less than the Practical Quantitation Level for lead
specified in §6.89(a)(1)(ii).
(i)
Those systems whose highest source water lead level is below the Method
Detection Limit may also be deemed to have optimized corrosion control
under this paragraph if the 90th percentile tap water lead level is less than or
equal to the Practical Quantitation Level for lead for two consecutive 6-
month monitoring periods.
(ii)
Any water system deemed to have optimized corrosion control in
accordance with this paragraph shall continue monitoring for lead and
copper at the tap no less frequently than once every three calendar years
using the reduced number of sites specified in §6.86(c) and collecting the
samples at times and locations specified in §6.86(d)(4)(iv). Any such
system that has not conducted a round of monitoring pursuant to §6.86(d)
since September 30, 1997, shall complete a round of monitoring pursuant
to this paragraph no later than September 30, 2000.
(iii)
Any water system deemed to have optimized corrosion control pursuant to
this paragraph shall notify the Director in writing pursuant to §6.90(a)(3) of
any change in treatment or the addition of a new source. The Director may
require any such system to conduct additional monitoring or to take other
action the Director deems appropriate to ensure that such systems maintain
minimal levels of corrosion in the distribution system.
(iv)
As of July 12, 2001, a system is not deemed to have optimized corrosion
control under this paragraph, and shall implement corrosion control
treatment pursuant to paragraph (b)(3)(v) of this section unless it meets the
copper action level.
(v)
Any system triggered into corrosion control because it is no longer deemed
to have optimized corrosion control under this paragraph shall implement
corrosion control treatment in accordance with the deadlines in paragraph
(e) of this section. Any such large system shall adhere to the schedule
specified in that paragraph for medium-size systems, with the time periods
for completing each step being triggered by the date the system is no longer
deemed to have optimized corrosion control under this paragraph.
Section “D”: Lead and Copper
47
(c)
Any small or medium-size water system that is required to complete the corrosion control
steps due to its exceedance of the lead or copper action level may cease completing the
treatment steps whenever the system meets both action levels during each of two
consecutive monitoring periods conducted pursuant to §6.86 and submits the results to the
Director. If any such water system thereafter exceeds the lead or copper action level
during any monitoring period, the system shall recommence completion of the applicable
treatment steps, beginning with the first treatment step which was not previously
completed in its entirety. The Director may require a system to repeat treatment steps
previously completed by the system where the Director determines that this is necessary
to implement properly the treatment requirements of this section. The Director shall
notify the system in writing of such a determination and explain the basis for its decision.
The requirement for any small- or medium-size system to implement corrosion control
treatment steps in accordance with paragraph (e) of this section (including systems
deemed to have optimized corrosion control under paragraph (b)(1) of this section) is
triggered whenever any small- or medium-size system exceeds the lead or copper action
level.
(d)
Treatment Steps and Deadlines for Large Systems
Except as provided in paragraph (b)(2) and (3) of this section, large systems shall complete the
following corrosion control treatment steps (described in the referenced portions of §§6.82,
6.86, and 6.87) by the indicated dates.
(1)
Step 1: The system shall conduct initial monitoring (§6.86(d)(1) and §6.87(b))
during two consecutive six-month monitoring periods by January 1, 1993.
(2)
Step 2: The system shall complete corrosion control studies (§6.82(c)) by July 1,
1994.
(3)
Step 3: The Director shall designate optimal corrosion control treatment
(§6.82(d)) by January 1, 1995.
(4)
Step 4: The system shall install optimal corrosion control treatment (§6.82(e)) by
January 1, 1997.
(5)
Step 5: The system shall complete follow-up sampling (§6.86(d)(2) and §6.87(c))
by January 1, 1998.
(6)
Step 6: The Director shall review installation of treatment and designate optimal
water quality control parameters (§6.82(f)) by July 1, 1998.
Section “D”: Lead and Copper
48
(7)
Step 7: The system shall operate in compliance with the Director-specified optimal
water quality control parameters (§6.82(g)) and continue to conduct tap sampling
(§6.86(d)(3) and §6.87(d)).
(e)
Treatment Steps and Deadlines for Small and Medium-size Systems
Except as provided in paragraph (b) of this section, small and medium-size systems shall complete
the following corrosion c ontrol treatment steps (described in the referenced portions of §§6.82,
6.86 and 6.87) by the indicated time periods.
(1)
Step 1: The system shall conduct initial tap sampling (§6.86(d)(1) and §6.87(b))
until the system either exceeds the lead or copper action level or becomes eligible
for reduced monitoring under §6.86(d)(4). A system exceeding the lead or copper
action level shall recommend optimal corrosion control treatment (§6.82(a))
within six months after it exceeds one of the action levels.
(2)
Step 2: Within 12 months after a system exceeds the lead or copper action level,
the Director may require the system to perform corrosion control studies
(§6.82(b)). If the Director does not require the system to perform such studies, the
Director shall specify optimal corrosion control treatment (§6.82(d)) within the
following time frames:
(i)
for medium-size systems, within 18 months after such system exceeds the
lead or copper action level,
(ii)
for small systems, within 24 months after such system exceeds the lead or
copper action level.
(3)
Step 3: If the Director requires a system to perform corrosion control studies
under step 2, the system shall complete the studies (§6.82(c)) within 18 months
after the Director requires that such studies be conducted.
(4)
Step 4: If the system has performed corrosion control studies under step 2, the
Director shall designate optimal corrosion control treatment (§6.82(d)) within 6
months after completion of step 3.
(5)
Step 5: The system shall install optimal corrosion control treatment (§6.82(e))
within 24 months after the Director designates such treatment.
(6)
Step 6: The system shall complete follow-up sampling (§6.86(d)(2) and §6.87(c))
within 36 months after the Director designates optimal corrosion control
treatment.
Section “D”: Lead and Copper
49
(7)
Step 7: The Director shall review the system's installation of treatment and
designate optimal water quality control parameters (§6.82(f)) within 6 months after
completion of step 6.
(8)
Step 8: The system shall operate in compliance with the Director-designated
optimal water quality control parameters (§6.82(g)) and continue to conduct tap
sampling (§6.86(d)(3) and §6.87(d)).
§6.82 Description of Corrosion Control Treatment Requirements
Each system shall complete the corrosion control treatment requirements described below which
are applicable to such system under §6.81.
(a)
System Recommendation Regarding Corrosion Control Treatment
Based upon the results of lead and copper tap monitoring and water quality parameter monitoring,
small and medium-size water systems exceeding the lead or copper action l evel shall recommend
installation of one or more of the corrosion control treatments listed in paragraph (c)(1) of this
section which the system believes constitutes optimal corrosion control for that system. The
Director may require the system to conduct additional water quality parameter monitoring in
accordance with §6.87(b) to assist the Director in reviewing the system's recommendation.
(b)
Decision to Require Studies of Corrosion Control Treatment (Applicable to Small and
Medium-size Systems)
The Director may require any small or medium-size system that exceeds the lead or copper action
level to perform corrosion control studies under paragraph (c) of this section to identify optimal
corrosion control treatment for the system.
(c)
Performance of Corrosion Control Studies
(1)
Any public water system performing corrosion control studies shall evaluate the
effectiveness of each of the following treatments, and, if appropriate, combinations
of the following treatments to identify the optimal corrosion control treatment for
that system:
(i)
alkalinity and pH adjustment;
(ii)
calcium hardness adjustment; and
(iii)
the addition of a phosphate or silicate based corrosion inhibitor at a
concentration sufficient to maintain an effective residual concentration in
all test tap samples.
Section “D”: Lead and Copper
50
(2)
The water system shall evaluate each of the corrosion control treatments using
either pipe rig/loop tests, metal coupon tests, partial-system tests, or analyses
based on documented analogous treatments with other systems of similar size,
water chemistry and distribution system configuration.
(3)
The water system shall measure the following water quality parameters in any tests
conducted under this paragraph before and after evaluating the corrosion control
treatments listed above:
(i)
lead;
(ii)
copper;
(iii)
pH;
(iv)
alkalinity;
(v)
calcium;
(vi)
conductivity;
(vii)
orthophosphate (when an inhibitor containing a phosphate compound is
used);
(viii) silicate (when an inhibitor containing a silicate compound is used);
(ix)
water temperature.
(4)
The water system shall identify all chemical or physical constraints that limit or
prohibit the use of a particular corrosion control treatment and document such
constraints with at least one of the following:
(i)
data and documentation showing that a particular corrosion control
treatment has adversely affected other water treatment processes when used
by another water system with comparable water quality characteristics;
and/or
(ii)
data and documentation demonstrating that the water system has previously
attempted to evaluate a particular corrosion control treatment and has found
that the treatment is ineffective or adversely affects other water quality
treatment processes.
Section “D”: Lead and Copper
51
(5)
The water system shall evaluate the effect of the chemicals used for corrosion
control treatment on other water quality treatment processes.
(6)
On the basis of an analysis of the data generated during each evaluation, the water
system shall recommend to the Director in writing the treatment option that the
corrosion control studies indicate constitutes optimal corrosion control treatment
for that system. The water system shall provide a rationale for its recommendation
along with all supporting documentation specified in paragraphs (c)(1) through (5)
of this section.
(d)
Designation of Optimal Corrosion Control Treatment
(1)
Based upon consideration of available information including, where applicable,
studies performed under paragraph c) of this section and a system's recommended
treatment alternative, the Director shall either approve the corrosion control
treatment option recommended by the system, or designate alternative corrosion
control treatment(s) from among those listed in paragraph (c)(1) of this section.
When designating optimal treatment the Director shall consider the effects that
additional corrosion control treatment will have on water quality parameters and on
other water quality treatment processes.
(2)
The Director shall notify the system of its decision on optimal corrosion control
treatment in writing and explain the basis for this determination. If the Director
requests additional information to aid its review, the water system shall provide the
information.
(e)
Installation of Optimal Corrosion Control
Each system shall properly install and operate throughout its distribution system the optimal
corrosion control treatment designated by the Director under paragraph (d) of this section.
(f)
Review of Treatment and Specification of Optimal Water Quality Control Parameters
The Director shall evaluate the results of all lead and copper tap samples and water quality
parameter samples submitted by the water system and determine whether the system has properly
installed and operated the optimal corrosion control treatment designated by the Director in
paragraph (d) of this section. Upon reviewing the results of tap water and water quality parameter
monitoring by the system, both before and after the system installs optimal corrosion control
treatment, the Director shall designate:
(1)
a minimum value or a range of values for pH measured at each entry point to the
distribution system;
Section “D”: Lead and Copper
52
(2)
a minimum pH value, measured in all tap samples. Such value shall be equal to or
greater than 7.0, unless the Director determines that meeting a pH level of 7.0 is
not technologically feasible or is not necessary for the system to optimize
corrosion control;
(3)
if a corrosion inhibitor is used, a minimum concentration or a range of
concentrations for the inhibitor, measured at each entry point to the distribution
system and in all tap samples, that the Director determines is necessary to form a
passivating film on the interior walls of the pipes of the distribution system;
(4)
if alkalinity is adjusted as part of optimal corrosion control treatment, a minimum
concentration or a range of concentrations for alkalinity, measured at each entry
point to the distribution system and in all tap samples;
(5)
if calcium carbonate stabilization is used as part of corrosion control, a minimum
concentration or a range of concentrations for calcium, measured in all tap
samples.
The values for the applicable water quality control parameters listed above shall be those that the
Director determines to reflect optimal corrosion control treatment for the system. The Director
may designate values for additional water quality control parameters determined by the Director
to reflect optimal corrosion control for the system. The Director shall notify the system in
writing of these determinations and explain the basis for its decisions.
(g)
Continued Operation and Monitoring
All systems optimizing corrosion control shall continue to operate and maintain optimal
corrosion control treatment, including maintaining water quality parameters at or above minimum
values or within ranges designated by the Director under paragraph (f) of this section, in
accordance with this paragraph for all samples collected under §§6.87(d)-(f). Compliance with
the requirements of this paragraph shall be determined every six months, as specified under
§6.87(d). A water system is out of compliance with the requirements of this paragraph for a six-
month period if it has excursions for any Director-specified parameter on more than nine days
during the period. An excursion occurs whenever the daily value for one or more of the water
quality parameters measured at a sampling location is below the minimum value or outside the
range designated by the Director. Daily values are calculated as follows. The Director has the
discretion to delete results of obvious sampling errors from this calculation.
(1)
On days when more than one measurement for the water quality parameter is
collected at the sampling location, the daily value shall be the average of all results
collected during the day regardless of whether they are collected through
continuous monitoring, grab sampling, or a combination of both.
Section “D”: Lead and Copper
53
(2)
On days when only one measurement for the water quality parameter is collected at
the sampling location, the daily value shall be the result of that measurement.
(3)
On days when no measurement is collected for the water quality parameter at the
sampling location, the daily value shall be the daily value calculated on the most
recent day on which the water quality parameter was measured at the sample site.
(h)
Modification of the Director's Treatment Decisions
Upon his own initiative or in response to a request by a water system or other interested party, the
Director may modify its determination of the optimal corrosion control treatment under
paragraph (d) of this section or optimal water quality control parameters under paragraph (f) of
this section. A request for modification by a system or other interested party shall be in writing,
explain why the modification is appropriate, and provide supporting documentation. The Director
may modify its determination where it concludes that such change is necessary to ensure that the
system continues to optimize corrosion control treatment. A revised determination shall be made
in writing, set forth the new treatment requirements, explain the basis for the Director's decision,
and provide an implementation schedule for completing the treatment modifications.
§6.83 Source Water Treatment Requirements
Systems shall complete the applicable source water monitoring and treatment requirements
(described in the referenced portions of paragraph (b) of this section, and in §§6.86, and 6.88) by
the following deadlines.
(a)
Deadlines for Completing Source Water Treatment Steps
(1)
Step 1: A system exceeding the lead or copper action level shall complete lead and
copper source water monitoring (§6.88(b)) and make a treatment recommendation
to the Director (§6.83(b)(1)) within 6 months after exceeding the lead or copper
action level.
(2)
Step 2: The Director shall make a determination regarding source water treatment
(§6.83(b)(2)) within 6 months after submission of monitoring results under step 1.
(3)
Step 3: If the Director requires installation of source water treatment, the system
shall install the treatment (§6.83(b)(3)) within 24 months after completion of step
2.
(4)
Step 4: The system shall complete follow-up tap water monitoring (§6.86(d)(2) and
source water monitoring (§6.88(c)) within 36 months after completion of step 2.
Section “D”: Lead and Copper
54
(5)
Step 5: The Director shall review the system's installation and operation of source
water treatment and specify maximum permissible source water levels
(§6.83(b)(4)) within 6 months after completion of step 4.
(6)
Step 6: The system shall operate in compliance with the Director-specified
maximum permissible lead and copper source water levels (§6.83(b)(4)) and
continue source water monitoring (§6.88(d)).
(b)
Description of Source Water Treatment Requirements
(1)
System treatment recommendation
Any system which exceeds the lead or copper action level shall recommend in
writing to the Director the installation and operation of one of the source water
treatments listed in paragraph (b)(2) of this section. A system may recommend that
no treatment be installed based upon a demonstration that source water treatment is
not necessary to minimize lead and copper levels at users' taps.
(2)
The Director shall complete an evaluation of the results of all source water samples
submitted by the water system to determine whether source water treatment is
necessary to minimize lead or copper levels in water delivered to users' taps. If the
Director determines that treatment is needed, the Director shall either require
installation and operation of the source water treatment recommended by the
system (if any) or require the installation and operation of another source water
treatment from among the following: ion exchange, reverse osmosis, lime
softening or coagulation/filtration. If the Director requests additional information
to aid in its review, the water system shall provide the information by the date
specified by the Director in its request. The Director shall notify the system in
writing of its determination and set forth the basis for its decision.
(3)
Installation of Source Water Treatment
Each system shall properly install and operate the source water treatment
designated by the Director under paragraph (b)(2) of this section.
(4)
The Director shall review the source water samples taken by the water system both
before and after the system installs source water treatment, and determine whether
the system has properly installed and operated the source water treatment
designated by the Director. Based upon its review, the Director shall designate the
maximum permissible lead and copper concentrations for finished water entering
the distribution system. Such levels shall reflect the contaminant removal
capability of the treatment properly operated and maintained. The Director shall
notify the system in writing and explain the basis for its decision.
Section “D”: Lead and Copper
55
(5)
Continued Operation and Maintenance
Each water system shall maintain lead and copper levels below the maximum
permissible concentrations designated by the Director at each sampling point
monitored in accordance with §6.88. The system is out of compliance with this
paragraph if the level of lead or copper at any sampling point is greater than the
maximum permissible concentration designated by the Director.
(6)
Modification of Treatment Decisions
Upon its own initiative or in response to a request by a water system or other
interested party, the Director may modify its determination of the source water
treatment under paragraph (2) of this section, or maximum permissible lead and
copper concentrations for finished water entering the distribution system under
paragraph (4) of this section. A request for modification by a system or other
interested party shall be in writing, explain why the modification is appropriate, and
provide supporting documentation. The Director may modify his determination
where it concludes that such change is necessary to ensure that the system
continues to minimize lead and copper concentrations in source water. A revised
determination shall be made in writing, set forth the new treatment requirements,
explain the basis for the Director's decision, and provide an implementation
schedule for completing the treatment modifications.
§6.84 Lead Service Line Replacement Requirements
(a)
Systems that fail to meet the lead action level in tap samples taken pursuant to §6.86(d)(2),
after installing corrosion control and/or source water treatment (whichever sampling
occurs later), shall replace lead service lines in accordance with the requirements of this
section. If a system is in violation of §6.81 or §6.83 for failure to install source water or
corrosion control treatment, the Director may require the system to commence lead
service line replacement under this section after the date by which the system was required
to conduct monitoring under §6.86(d)(2) has passed.
(b)
A water system shall replace annually at least 7 percent of the initial number of lead
service lines in its distribution system. The initial number of lead service lines is the
number of lead lines in place at the time the replacement program begins. The system
shall identify the initial number of lead service lines in its distribution system, including an
identification of the portion(s) owned by the system, based upon a materials evaluation,
including the evaluation required under §6.86(a) and relevant legal authorities (e.g.,
contracts, local ordinances) regarding the portion owned by the system. The first year of
lead service line replacement shall begin on the date the action level was exceeded in tap
sampling referenced in paragraph (a) of this section.
Section “D”: Lead and Copper
56
(c)
A system is not required to replace an individual lead service line if the lead concentration
in all service line samples from that line, taken pursuant to §6.86(b)(3), is less than or
equal to 0.015 mg/L.
(d)
A water system shall replace that portion of the lead service line that it owns. In cases
where the system does not own the entire lead service line, the system shall notify the
owner of the line, or the owner's authorized agent, that the system will replace the portion
of the service line that it owns and shall offer to replace the owner’s portion of the line. A
system is not required to bear the cost of replacing the privately-owned portion of the line,
nor is it required to replace the privately-owned portion where the owner chooses not to
pay the cost of replacing the privately-owned portion of the line, or where replacing the
privately-owned portion would be precluded by the State, local or common law. A water
system that does not replace the entire length of the service line also shall complete the
following tasks.
(1)
At least 45 days prior to commencing with the partial replacement of a lead service
line, the water system shall provide notice to the resident(s) of all buildings served
by the line explaining that they may experience a temporary increase of lead levels
in their drinking water, along with guidance on measures consumers can take to
minimize their exposure to lead. The Director may allow the water system to
provide notice under the previous sentence less than 45 days prior to commencing
partial lead service line replacement where such replacement is in conjunction with
emergency repairs. In addition, the water system shall inform the resident(s)
served by the line that the system will, at the system’s expense, collect a sample
from each partially-replaced lead service line that is representative of the water in
the service line for analysis of lead content, as prescribed under §6.86(b)(3), within
72 hours after the completion of the partial replacement of the service line. The
system shall collect the sample and report the results of the analysis to the owner
and the resident(s) served by the line within three business days of receiving the
results. Mailed notices post-marked within three business days of receiving the
results shall be considered "on time."
(2)
The water system shall provide the information required by paragraph (1) of this
section to the residents of individual dwellings by mail or by other methods
approved by the Director. In instances where multi-family dwellings are served by
the line, the water system shall have the option to post the information at a
conspicuous location.
(e)
The Director shall require a system to replace lead service lines on a shorter schedule than
that required by this section, taking into account the number of lead service lines in the
system, where such a shorter replacement schedule is feasible. The Director shall make this
determination in writing and notify the system of its finding within 6 months after the system
Section “D”: Lead and Copper
57
is triggered into lead service line replacement based on monitoring referenced in paragraph
(a) of this section.
(f)
Any system may cease replacing lead service lines whenever first draw samples collected
pursuant to §6.86(b)(2) meet the lead action level during each of two consecutive monitoring
periods and the system submits the results to the Director. If the first draw tap samples
collected in any such system thereafter exceeds the lead action level, the system shall
recommence replacing lead service lines, pursuant to paragraph (b) of this section.
(g)
To demonstrate compliance with paragraphs (a)-(d) of this section, a system shall report to
the Director the information specified in §6.90(e).
§6.85 Public Education and Supplemental Monitoring Requirements
A water system that exceeds the lead action level based on tap water samples collected in
accordance with §6.86 shall deliver the public education materials contained in paragraphs (a) and
(b) of this section in accordance with the requirements in paragraph (c) of this section.
(a)
Content of Written Public Education Materials.
(1)
Community Water Systems
A community water system shall include the following text in all of the printed materials it
distributes through its lead public education program.Systems may delete information
pertaining to lead service lines, upon approval by the Director, if no lead service lines exist
anywhere in the water system service area. Public education language at paragraphs
(a)(1)(iv)(B)(5) and (a)(1)(iv)(D)(2) of this section may be modified regarding building
permit record availability and consumer access to these records, if approved by the
Director. Systems may also continue to utilize pre-printed materials that meet the public
education language requirements inァ6.85, effective December 7, 1991. Any additional
information presented by a system shall be consistent with the information below and be in
plain English that can be understood by lay people.
(i)
Introduction
The United States Environmental Protection Agency (EPA) and [insert name of
water supplier] are concerned about lead in your drinking water. Although most
homes have very low levels of lead in their drinking water, some homes in the
community have lead levels above the EPA action level of 15 parts per billion
(ppb), or 0.015 milligrams of lead per liter of water (mg/L). Under Federal law we
Section “D”: Lead and Copper
58
are required to have a program in place to minimize lead in your drinking water by
[insert date when corrosion control will be completed for your system]. This
program includes corrosion control treatment, source water treatment, and public
education. We are also required to replace the portion of each lead service line
that we own if the line contributes lead concentrations of more than 15 ppb after we
have completed the comprehensive treatment program. If you have any questions
about how we are carrying out the requirements of the lead regulation please give
us a call at [insert water system's phone number]. This brochure explains the simple
steps you can take to protect you and your family by reducing your exposure to lead
in drinking water.
(ii)
Health Effects of Lead
Lead is a common metal found throughout the environment in lead-based paint, air,
soil, household dust, food, certain types of pottery porcelain and pewter, and water.
Lead can pose a significant risk to your health if too much of it enters your body.
Lead builds up in the body over many years and can cause damage to the brain, red
blood cells and kidneys. The greatest risk is to young children and pregnant
women. Amounts of lead that won't hurt adults can slow down normal mental and
physical development of growing bodies. In addition, a child at play often comes
into contact with sources of lead contamination -- like dirt and dust --that rarely
affect an adult. It is important to wash children's hands and toys often, and to try to
make sure they only put food in their mouths.
(iii)
Lead in Drinking Water
(A)
Lead in drinking water, although rarely the sole cause of lead poisoning, can
significantly increase a person's total lead exposure, particularly the
exposure of infants who drink baby formulas and concentrated juices that
are mixed with water. The EPA estimates that drinking water can make up
20 percent or more of a person's total exposure to lead.
(B)
Lead is unusual among drinking water contaminants in that it seldom occurs
naturally in water supplies like rivers and lakes. Lead enters drinking water
primarily as a result of the corrosion, or wearing away, of materials
containing lead in the water distribution system and household plumbing.
These materials include lead-based solder used to join copper pipe, brass
and chrome plated brass faucets, and in some cases, pipes made of lead that
connect your house to the water main (service lines). In 1986, Congress
banned the use of lead solder containing greater than 0.2% lead, and
restricted the lead content of faucets, pipes and other plumbing materials to
8.0%.
Section “D”: Lead and Copper
59
(C)
When water stands in lead pipes or plumbing systems containing lead for
several hours or more, the lead may dissolve into your drinking water. This
means the first water drawn from the tap in the morning, or later in the
afternoon after returning from work or school, can contain fairly high levels
of lead.
(iv)
Steps You Can Take in The Home to Reduce Exposure to Lead in Drinking Water
(A)
Despite our best efforts mentioned earlier to control water corrosivity and
remove lead from the water supply, lead levels in some homes or buildings
can be high. To find out whether you need to take action in your own home,
have your drinking water tested to determine if it contains excessive
concentrations of lead. Testing the water is essential because you cannot
see, taste, or smell lead in drinking water. Some local laboratories that can
provide this service are listed at the end of this booklet. For more
information on having your water tested, please call [insert phone number of
water system].
(B)
If a water test indicates that the drinking water drawn from a tap in your
home contains lead above 15 ppb, then you should take the following
precautions:
(1)
Let the water run from the tap before using it for drinking or cooking
any time the water in a faucet has gone unused for more than six
hours. The longer water resides in your home's plumbing the more
lead it may contain. Flushing the tap means running the cold water
faucet until the water gets noticeably colder, usually about 15-30
seconds. If your house has a lead service line to the water main, you
may have to flush the water for a longer time, perhaps one minute,
before drinking. Although toilet flushing or showering flushes water
through a portion of your home's plumbing system, you still need to
flush the water in each faucet before using it for drinking or cooking.
Flushing tap water is a simple and inexpensive measure you can take
to protect your family's health. It usually uses less than one or two
gallons of water and costs less than [insert a cost estimate based on
flushing two times a day for 30 days] per month. To conserve water,
fill a couple of bottles for drinking water after flushing the tap, and
whenever possible use the first flush water to wash the dishes or
water the plants. If you live in a high-rise building, letting the water
flow before using it may not work to lessen your risk from lead. The
plumbing systems have more, and sometimes larger pipes than
smaller buildings. Ask your landlord for help in locating the source
of the lead and for advice on reducing the lead level.
Section “D”: Lead and Copper
60
(2)
Try not to cook with, or drink water from the hot water tap. Hot
water can dissolve more lead more quickly than cold water. If you
need hot water, draw water from the cold tap and heat it on the stove.
(3)
Remove loose lead solder and debris from the plumbing materials
installed in newly constructed homes, or homes in which the
plumbing has recently been replaced, by removing the faucet
strainers from all taps and running the water from 3 to 5 minutes.
Thereafter, periodically remove the strainers and flush out any debris
that has accumulated over time.
(4)
If your copper pipes are joined with lead solder that has been
installed illegally since it was banned in 1986, notify the plumber
who did the work and request that he or she replace the lead solder
with lead-free solder. Lead solder looks dull gray, and when
scratched with a key looks shiny. In addition, notify the Division of
Drinking Water Quality, RI Department of Health about the
violation.
(5)
Determine whether or not the service line that connects your home
or apartment to the water main is made of lead. The best way to
determine if your service line is made of lead is by either hiring a
licensed plumber to inspect the line or by contacting the plumbing
contractor who installed the line. You can identify the plumbing
contractor by checking the city's record of building permits which
should be maintained in the files of the [insert name of department
that issues building permits]. A licensed plumber can at the same
time check to see if your home's plumbing contains lead solder, lead
pipes, or pipe fittings that contain lead. The public water system that
delivers water to your home should also maintain records of the
materials located in the distribution system. If the service line that
connects your dwelling to the water main contributes more than 15
ppb to drinking water, after our comprehensive treatment program is
in place, we are required to replace the portion of the line we own. If
the line is only partially owned by the [insert the name of the city,
county, or water system that owns the line], we are required to
provide the owner of the privately-owned portion of the line with
information on how to replace the privately-owned portion of the
service line, and offer to replace that portion of the line at the
owner's expense. If we replace only the portion of the line that we
own, we also are required to notify you in advance and provide you
Section “D”: Lead and Copper
61
with information on the steps you can take to minimize exposure to
any temporary increase in lead levels that may result from the partial
replacement, to take a follow-up sample at our expense from the line
within 72 hours after the partial replacement, and to mail or
otherwise provide you with the results of that sample within three
business days of receiving the results. Acceptable replacement
alternatives include copper, steel, iron, and plastic pipes.
(6)
Have an electrician check your wiring. If grounding wires from the
electrical system are attached to your pipes, corrosion may be
greater. Check with a licensed electrician or your local electrical
code to determine if your wiring can be grounded elsewhere. DO
NOT attempt to change the wiring yourself because improper
grounding can cause electrical shock and fire hazards.
(C)
The steps described above will reduce the lead concentrations in your
drinking water. However, if a water test indicates that the drinking water
coming from your tap contains lead concentrations in excess of 15 ppb after
flushing, or after we have completed our actions to minimize lead levels,
then you may want to take the following additional measures:
(1)
Purchase or lease a home treatment device. Home treatment devices
are limited in that each unit treats only the water that flows from the
faucet to which it is connected, and all of the devices require
periodic maintenance and replacement. Devices such as reverse
osmosis systems or distillers can effectively remove lead from your
drinking water. Some activated carbon filters may reduce lead levels
at the tap, however all lead reduction claims should be investigated.
Be sure to check the actual performance of a specific home
treatment device before and after installing the unit.
(2)
Purchase bottled water for drinking and cooking.
(D)
You can consult a variety of sources for additional information. Your
family doctor or pediatrician can perform a blood test for lead and provide
you with information about the health effects of lead. State and local
government agencies that can be contacted include:
(1)
The Office of Drinking Water Quality within the RI Dept. of Health
at 222-6867 can provide you with information about your
community's water supply, and a list of local laboratories that have
been certified by the Health Department for testing water quality;
Section “D”: Lead and Copper
62
(2)
[insert the name of city of county department that issues building
permits] at [insert phone number] can provide you with information
about building permit records that should contain the names of
plumbing contractors that plumbed your home; and
(3)
The Division of Family Health within the RI Dept. of Health at 222-
2312 can provide you with information about the health effects of
lead and how you can have your child's blood tested.
(E)
The following is a list of some State approved laboratories in your area that
you can call to have your water tested for lead. [Insert names and phone
numbers of at least two laboratories].
(2)
Non-transient Non-community Water Systems
A non-transient non-community water system shall either include the text specified in
paragraph (a)(1) of this section or shall include the following text in all of the printed
materials it distributes through its lead public education program. Water systems may
delete information pertaining to lead service lines upon approval by the Director if no lead
service lines exist anywhere in the water system service area. Any additional information
presented by a system shall be consistent with the information below and be in plain
English that can be understood by lay people.
(i)
Introduction
The United States Environmental Protection Agency (EPA) and [insert name of
water supplier] are concerned about lead in your drinking water. Some drinking
water samples taken from this facility have lead levels above the EPA action level
of 15 parts per billion (ppb), or 0.015 milligrams of lead per liter of water (mg/L).
Under Federal law we are required to have a program in place to minimize lead in
your drinking water by [insert date when corrosion control will be completed for
your system]. This program includes corrosion control treatment, source water
treatment, and public education. We are also required to replace the portion of
each lead service line that we own if the line contributes lead concentrations of
more than 15 ppb after we have completed the comprehensive treatment program.
If you have any questions about how we are carrying out the requirements of the
lead regulation please give us a call at [insert water system's phone number]. This
brochure explains the simple steps you can take to protect yourself by reducing
your exposure to lead in drinking water.
(ii)
Health Effects of Lead
Section “D”: Lead and Copper
63
Lead is found throughout the environment in lead-based paint, air, soil, household
dust, food, certain types of pottery porcelain and pewter, and water. Lead can pose
a significant risk to your health if too much of it enters your body. Lead builds up
in the body over many years and can cause damage to the brain, red blood cells and
kidneys. The greatest risk is to young children and pregnant women. Amounts of
lead that won't hurt adults can slow down normal mental and physical development
of growing bodies. In addition, a child at play often comes into contact with
sources of lead contamination - like dirt and dust - that rarely affect an adult. It is
important to wash children's hands and toys often, and to try to make sure they only
put food in their mouths.
(iii)
Lead in Drinking Water
(A)
Lead in drinking water, although rarely the sole cause of lead poisoning, can
significantly increase a person's total lead exposure, particularly the
exposure of infants who drink baby formulas and concentrated juices that
are mixed with water. The EPA estimates that drinking water can make up
20 percent or more of a person's total exposure to lead.
(B)
Lead is unusual among drinking water contaminants in that it seldom occurs
naturally in water supplies like rivers and lakes. Lead enters drinking water
primarily as a result of the corrosion, or wearing away, of materials
containing lead in the water distribution system and household plumbing.
These materials include lead-based solder used to join copper pipe, brass
and chrome-plated brass faucets, and in some cases, pipes made of lead that
connect houses and buildings to water mains (service lines). In 1986,
Congress banned the use of lead solder containing greater than 0.2% lead,
and restricted the lead content of faucets, pipes and other plumbing
materials to 8.0%.
(C)
When water stands in lead pipes or plumbing systems containing lead for
several hours or more, the lead may dissolve into your drinking water. This
means the first water drawn from the tap in the morning, or later in the
afternoon if the water has not been used all day, can contain fairly high
levels of lead.
(iv)
Steps You Can Take to Reduce Exposure to Lead in Drinking Water
(A)
Let the water run from the tap before using it for drinking or cooking any
time the water in a faucet has gone unused for more than six hours. The
longer water resides in plumbing the more lead it may contain. Flushing the
tap means running the cold water faucet for about 15-30 seconds. Although
toilet flushing or showering flushes water through a portion of the plumbing
Section “D”: Lead and Copper
64
system, you still need to flush the water in each faucet before using it for
drinking or cooking. Flushing tap water is a simple and inexpensive measure
you can take to protect your health. It usually uses less than one gallon of
water.
(B)
Do not cook with, or drink water from the hot water tap. Hot water can
dissolve more lead more quickly than cold water. If you need hot water,
draw water from the cold tap and then heat it.
(C)
The steps described above will reduce the lead concentrations in your
drinking water. However, if you are still concerned, you may wish to use
bottled water for drinking and cooking.
(D)
You can consult a variety of sources for additional information. Your
family doctor or pediatrician can perform a blood test for lead and provide
you with information about the health effects of lead. State and local
government agencies that can be contacted include:
(1)
[insert the name or title of facility official if appropriate] at [insert
phone number] can provide you with information about your facility's
water supply; and
(2)
The Office of Drinking Water Quality within the Rhode Island
Department of Health at 222-6867 can provide you with information
about the health effects of lead.
(b)
Content of Broadcast Materials: A water system shall include the following information in
all public service announcements submitted under its lead public education program to
television and radio stations for broadcasting:
(1)
Why should everyone want to know the facts about lead and drinking water?
Because unhealthy amounts of lead can enter drinking water through the plumbing
in your home. That's why I urge you to do what I did. I had my water tested for
[insert free or $ per sample]. You can contact the [insert the name of the city or
water system] for information on testing and on simple ways to reduce your
exposure to lead in drinking water.
(2)
To have your water tested for lead, or to get more information about this public
health concern, please call [insert the phone number of the city or water system].
(c)
Delivery of a Public Education Program
Section “D”: Lead and Copper
65
(1)
In communities where a significant proportion of the population speaks a language
other than English, public education materials shall be communicated in the
appropriate language(s).
(2)
A community water system that exceeds the lead action level on the basis of tap
water samples collected in accordance with §6.86, and that is not already repeating
public education tasks pursuant to paragraph (c)(3), (c)(7), or (c)(8), of this
section, shall, within 60 days:
(i)
insert notices in each customer's water utility bill or do a special mailing
containing the information in paragraph (a) of this section, along with the
following alert on the water bill itself in large print: "SOME HOMES IN
THIS COMMUNITY HAVE ELEVATED LEAD LEVELS IN THEIR
DRINKING WATER. LEAD CAN POSE A SIGNIFICANT RISK TO YOUR
HEALTH. PLEASE READ THE ENCLOSED NOTICE FOR FURTHER
INFORMATION." A community water system having a billing cycle that
does not include a billing within 60 days of exceeding the action level, or
that cannot insert information in the water utility bill without making major
changes to its billing system, may use a separate mailing to deliver the
information in paragraph (a)(1) of this section as long as the information i s
delivered to each customer within 60 days of exceeding the action level.
Such water systems shall also include the "alert" language specified in this
paragraph.
(ii)
submit the information in paragraph (a)(1) to the editorial departments of
the major daily and weekly newspapers circulated throughout the
community.
(iii)
deliver pamphlets and/or brochures that contain the public education
materials in paragraphs (a)(1)(ii) and (a)(1)(iv) of this section to facilities
and organizations, including the following:
(A)
public schools and/or local school boards;
(B)
health department;
(C)
Women, Infants, and Children and/or Head Start Program(s)
whenever available;
(D)
public and private hospitals and/or clinics;
(E)
pediatricians;
Section “D”: Lead and Copper
66
(F)
family planning clinics; and
(G)
local welfare agencies.
(iv)
submit the public service announcement in paragraph (b) of this section to at
least five of the radio and television stations with the largest audiences that
broadcast to the community served by the water system.
(3)
A community water system shall repeat the tasks contained in paragraphs (c)(2)(I),
(ii) and (iii) of this section every 12 months, and the tasks contained in paragraphs
(c)(2)(iv) of this section every 6 months for as long as the system exceeds the lead
action level.
(4)
Within 60 days after it exceeds the lead action level (unless it already is repeating
public education tasks pursuant to paragraph (c)(5) of this section), a non-transient
non-community water system shall deliver the public education materials specified
by paragraphs (a)(1) of this section or the public education materials specified by
paragraph (a)(2) of this section as follows:
(i)
post informational posters on lead in drinking water in a public place or
common area in each of the buildings served by the system; and
(ii)
distribute informational pamphlets and/or brochures on lead in drinking
water to each person served by the non-transient non-community water
system. The Director may allow the system to utilize electronic
transmission in lieu of or combined with printed materials as long as it
achieves at least the same coverage.
(5)
A non-transient noncommunity water system shall repeat the tasks contained in
paragraph (c)(4) of this section at least once during each calendar year in which the
system exceeds the lead action level.
(6)
A water system may discontinue delivery of public education materials if the
system has met the lead action level during the most recent six-month monitoring
period conducted pursuant to §6.86. Such a system shall recommence public
education in accordance with this section if it subsequently exceeds the lead action
level during any monitoring period.
(7)
A community water system may apply to the Director, in writing, to use the text
specified in paragraph (a)(2) of this section in lieu of the text in paragraph (a)(1) of
this section and to perform the tasks listed in paragraphs (c)(4) and (c)(5) of this
section in lieu of the tasks in paragraphs (c)(2) and (c)(3) of this section if:
Section “D”: Lead and Copper
67
(i)
The system is a facility, such as a prison or a hospital, where the population
served is not capable of or is prevented from making improvements to
plumbing or installing point of use treatment devices; and
(ii)
The system provides water as part of the cost of services provided and does
not separately charge for water consumption.
(8)(i)
A community water system serving 3,300 or fewer people may omit the task
contained in paragraph (c)(2)(iv) of this section. As long as it distributes notices
containing the information contained in paragraph (a)(1) of this section to every
household served by the system, such systems may further limit their public
education programs as follows:
(A)
Systems serving 500 or fewer people may forego the task contained in
paragraph (c)(2)(ii) of this section. Such a system may limit the
distribution of the public education materials required under paragraph
(c)(2)(iii) of this section to facilities and organizations served by the
system that are most likely to be visited regularly by pregnant women and
children, unless it is notified by the Director in writing that it must make a
broader distribution.
(B)
If approved by the Director in writing, a system serving 501 to 3,300 people
may omit the task in paragraph (c)(2)(ii) of this section and/or limit the
distribution of the public education materials required under paragraph
(c)(2)(iii) of this section to facilities and organizations served by the
system that are most likely to be visited regularly by pregnant women and
children.
(ii)
A community water system serving 3,300 or fewer people that delivers public
education in accordance with paragraph (c)(8)(i) of this section shall repeat the
required public education tasks at least once during each calendar year in which the
system exceeds the lead action level.
(d)
Supplemental Monitoring and Notification of Results
A water system that fails to meet the lead action level on the basis of tap samples collected in
accordance with §6.86 shall offer to sample the tap water of any customer who requests it. The
system is not required to pay for collecting or analyzing the sample, nor is the system required to
collect and analyze the sample itself.
§6.86 Monitoring Requirements for Lead and Copper in Tap Water
(a)
Sample Site Location
Section “D”: Lead and Copper
68
(1)
By the applicable date for commencement of monitoring under paragraph (d)(1) of
this section, each water system shall complete a materials evaluation of its
distribution system in order to identify a pool of targeted sampling sites that meets
the requirements of this section, and which is sufficiently large to ensure that the
water system can collect the number of lead and copper tap samples required in
paragraph c) of this section. All sites from which f irst draw samples are collected
shall be selected from this pool of targeted sampling sites. Sampling sites may not
include faucets that have point-of-use or point-of-entry treatment devices designed
to remove inorganic contaminants.
(2)
A water system shall use the information on lead, copper, and galvanized steel that
is required when conducting a materials evaluation (presence of Lead from piping,
solder, caulking, interior home plumbing, Copper from piping and alloys, service
lines, and home plumbing, and Galvanized piping, service lines, and home plumbing
within the distribution system.) When an evaluation of the information collected
pursuant to the above is insufficient to locate the requisite number of lead and
copper sampling sites that meet the targeting criteria in paragraph (a) of this
section the water system shall review the sources of information listed below in
order to identify a sufficient number of sampling sites. In addition, the system
shall seek to collect such information where possible in the course of its normal
operations (e.g., checking service line materials when reading water meters or
performing maintenance activities):
(i)
all plumbing codes, permits, and records in the files of the building
department(s) which indicate the plumbing materials that are installed within
publicly and privately owned structures connected to the distribution
system;
(ii)
all inspections and records of the distribution system that indicate the
material composition of the service connections that connect a structure to
the distribution system; and
(iii)
all existing water quality information, which includes the results of all prior
analyses of the system or individual structures connected to the system,
indicating locations that may be particularly susceptible to high lead or
copper concentrations.
(3)
The sampling sites selected for a community water system's sampling pool ("tier 1
sampling sites") shall consist of single family structures that:
(i)
contain copper pipes with lead solder installed after 1982 or contain lead
pipes; and/or
Section “D”: Lead and Copper
69
(ii)
are served by a lead service line.
When multiple-family residences comprise at least 20 percent of the structures
served by a water system, the system may include these types of structures in its
sampling pool.
(4)
Any community water system with insufficient tier 1 sampling sites shall complete
its sampling pool with "tier 2 sampling sites", consisting of buildings, including
multiple-family residences that:
(i)
contain copper pipes with lead solder installed after 1982 or contain lead
pipes; and/or
(ii)
are served by a lead service line.
(5)
Any community water system with insufficient tier 1 and tier 2 sampling sites shall
complete its sampling pool with "tier 3 sampling sites", consisting of single family
structures that contain copper pipes with lead solder installed before 1983. A
community water system with insufficient tier 1, tier 2, and tier 3 sampling sites
shall complete its sampling pool with representative sites throughout the
distribution system. For the purpose of this paragraph, a representative site is a site
in which the plumbing materials used at that site would be commonly found at other
sites served by the water system.
(6)
The sampling sites selected for a non-transient non-community water system ("tier
1 sampling sites") shall consist of buildings that:
(i)
contain copper pipes with lead solder installed after 1982 or contain lead
pipes; and/or
(ii)
are served by a lead service line.
(7)
A non-transient non-community water system with insufficient tier 1 sites that
meet the targeting criteria in paragraph (a)(6) of this section shall complete its
sampling pool with sampling sites that contain copper pipes with lead solder
installed before 1983. If additional sites are needed to complete the sampling pool,
the non-transient non-community water system shall use representative sites
throughout the distribution system. For the purpose of this paragraph, a
representative site is a site in which the plumbing materials used at that site would be
commonly found at other sites served by the water system.
Section “D”: Lead and Copper
70
(8)
Any water system whose distribution system contains lead service lines shall draw
50 percent of the samples it collects during each monitoring period from sites that
contain lead pipes, or copper pipes with lead solder, and 50 percent of the samples
from sites served by a lead service line. A water system that cannot identify a
sufficient number of sampling sites served by a lead service line shall collect first
draw samples from all of the sites identified as being served by such lines.
(b)
Sample Collection Methods
(1)
All tap samples for lead and copper collected in accordance with this subpart, with
the exception of lead service line samples collected under §6.84(c) and samples
collected under paragraph (b)(5) of this section, shall be first draw samples.
(2)
Each first-draw tap sample for lead and copper shall be one liter in volume and have
stood motionless in the plumbing system of each sampling site for at least six
hours. First draw samples from residential housing shall be collected from the
cold-water kitchen tap or bathroom sink tap. First-draw samples from a non-
residential building shall be one liter in volume and shall be collected at an interior
tap from which water is typically drawn for consumption. Non-first-draw samples
collected in lieu of first-draw samples pursuant to paragraph (b)(5) of this section
shall be one liter in volume and shall be collected at an interior tap from which
water is typically drawn for consumption. First draw samples may be collected by
the system or the system may allow residents to collect first draw samples after
instructing the residents of the sampling procedures specified in this paragraph. To
avoid problems of residents handling nitric acid, acidification of first draw samples
may be done up to 14 days after the sample is collected. After acidification to
resolubilize the metals, the sample must stand in the original container for the time
specified in the approved EPA method before the sample can be analyzed. If a
system allows residents to perform sampling, the system may not challenge, based
on alleged errors in sample collection, the accuracy of sampling results.
(3)
Each service line sample shall be one liter in volume and have stood motionless in
the lead service line for at least six hours. Lead service line samples shall be
collected in one of the following three ways:
(i)
at the tap after flushing the volume of water between the tap and the lead
service line. The volume of water shall be calculated based on the interior
diameter and length of the pipe between the tap and the lead service line;
(ii)
tapping directly into the lead service line; or
(iii)
if the sampling site is a building constructed as a single-family residence,
allowing the water to run until there is a significant change in temperature
which would be indicative of water that has been standing in the lead service
line.
Section “D”: Lead and Copper
71
(4)
A water system shall collect each first draw tap sample from the same sampling site
from which it collected a previous sample. If, for any reason, the water system
cannot gain entry to a sampling site in order to collect a follow-up tap sample, the
system may collect the follow-up tap sample from another sampling site in its
sampling pool as long as the new site meets the same targeting criteria, and is
within reasonable proximity of the original site.
(5)
A non-transient non-community water system, or a community water system that
meets the criteria of §§6.85(c)(7)(i) and (ii), that does not have enough taps that
can supply first-draw samples, as defined in section 1.24, may apply to the Director
in writing to substitute non-first-draw samples. Such systems must collect as many
first-draw samples from appropriate taps as possible and identify sampling times
and locations that would likely result in the longest standing time for the remaining
sites. The Director has the discretion to waive the requirement for prior Director
approval of non-first-draw sample sites selected by the system, either through State
regulation or written notification to the system.
(c)
Number of Samples
Water systems shall collect at least one sample during each monitoring period specified in
paragraph (d) of this section from the number of sites listed in the first column ("standard
monitoring") of the table in this paragraph. A system conducting reduced monitoring under
paragraph (d)(4) of this section shall collect at least one sample from the number of sites
specified in the second column (“reduced monitoring”) of the table in this paragraph
during each monitoring period specified in paragraph (d)(4) of this section. Such reduced
monitoring sites shall be representative of the sites required for standard monitoring. The
Director may specify sampling locations when a system is conducting reduced monitoring.
The table is as follows:
System Size
(# Number of People
Served)
# Number of sites
(Standard Monitoring)
# Number of sites
(Reduced Monitoring)
>100,000
100
50
10,001-100,000
60
30
3,301 to 10,000
40
20
501 to 3,300
20
10
101 to 500
10
5
<100
5
5
Section “D”: Lead and Copper
72
(d)
Timing of Monitoring
(1)
Initial Tap Sampling
The first six-month monitoring period for small, medium-size and large systems
shall begin on the following dates:
System Size
(# People Served)
First Six-Month Monitoring Period Begins On
>50,000
January 1, 1992
3,301 to 50,000
July 1, 1992
<3,300
July 1, 1993
(i)
All large systems shall monitor during two consecutive six-month periods.
(ii)
All small and medium-size systems shall monitor during each six-month
monitoring period until:
(A)
the system exceeds the lead or copper action level and is therefore
required to implement the corrosion control treatment requirements
under §6.81, in which case the system shall continue monitoring in
accordance with paragraph (d)(2) of this section, or
(B)
the system meets the lead and copper action levels during two
consecutive six-month monitoring periods, in which case the system
may reduce monitoring in accordance with paragraph (d)(4) of this
section.
(2)
Monitoring after Installation of Corrosion Control and Source Water Treatment
(i)
Any large system which installs optimal corrosion control treatment pursuant to
§6.81(d)(4) shall monitor during two consecutive six-month monitoring periods by
the date specified in §6.81(d)(5).
(ii)
Any small or medium-size system which installs optimal corrosion control
treatment pursuant to §6.81(e)(5) shall monitor during two consecutive six-month
monitoring periods by the date specified in §6.81(e)(6).
Section “D”: Lead and Copper
73
(iii)
Any system which installs source water treatment pursuant to §6.83(a)(3) shall
monitor during two consecutive six-month monitoring periods by the date specified
in §6.83(a)(4).
(3)
Monitoring after the Director Specifies Water Quality Parameter Values for Optimal
Corrosion Control
After the Director specifies the values for water quality control parameters under §6.82(f), the
system shall monitor during each subsequent six-month monitoring period, with the first
monitoring period to begin on the date the Director specifies the optimal values under §6.82(f).
(4)
Reduced Monitoring
(i)
A small or medium-size water system that meets the lead and copper action levels
during each of two consecutive six-month monitoring periods may reduce the
number of samples in accordance with paragraph (c) of this section, and reduce the
frequency of sampling to once per year.
(ii)
Any water system that maintains the range of values for the water quality control
parameters reflecting optimal corrosion control treatment specified by the
Director under §6.82(f) during each of two consecutive six-month monitoring
periods may reduce the frequency of monitoring to once per year and reduce the
number of lead and copper samples in accordance with paragraph c) of this section
if it receives written approval from the Director. The Director shall review
monitoring, treatment, and other relevant information submitted by the water
system in accordance with §6.90,and shall notify the system in writing when the
Director determines the system is eligible to commence reduced monitoring
pursuant to this paragraph. The Director shall review, and where appropriate, revise
its determination when the system submits new monitoring or treatment data, or
when other data relevant to the number and frequency of tap sampling becomes
available.
(iii)
A small or medium-size water system that meets the lead and copper action levels
during three consecutive years of monitoring may reduce the frequency of
monitoring for lead and copper from annually to once every three years. Any water
system that maintains the range of values for the water quality control parameters
reflecting optimal corrosion control treatment specified by the Director under
§6.82(f) during three consecutive years of monitoring may reduce the frequency of
monitoring from annually to once every three years if it receives written approval
from the Director. The Director shall review monitoring, treatment, and other
relevant information submitted by the water system in accordance with §6.90, and
shall notify the system in writing, when the Director determines the system is
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74
eligible to reduce the frequency of monitoring to once every three years. The
Director shall review, and where appropriate, revise its determination when the
system submits new monitoring or treatment data, or when other data relevant to
the number and frequency of tap sampling becomes available.
(iv)
A water system that reduces the number and frequency of sampling shall collect
these samples from representative sites included in the pool of targeted sampling
sites identified in paragraph (a) of this section. Systems sampling annually or less
frequently shall conduct the lead and copper tap sampling during the months of
June, July, August or September unless the Director has approved a different
sampling period in accordance with paragraph (d)(4)(iv)(A) of this section.
(A)
The Director, at his or her discretion, may approve a different period for
conducting the lead and copper tap sampling for systems collecting a
reduced number of samples. Such a period shall be no longer than four
consecutive months and must represent a time of normal operation where
the highest levels of lead are most likely to occur. For a non-transient non-
community water system that does not operate during the months of June
through September, and for which the period of normal operation where the
highest levels of lead are most likely to occur is not known, the Director
shall designate a period that represents a time of normal operation for the
system.
(B)
Systems monitoring annually, that have been collecting samples during the
months of June through September and that receive the Director’s approval
to alter their sample collection period under paragraph (d)(4)(iv)(A) of this
section, must collect their next round of samples during a time period that
ends no later than 21 months after the previous round of sampling. Systems
monitoring triennially that have been collecting samples during the months
of June through September, and receive the Director’s approval to alter the
sampling collection period as per paragraph (d)(4)(iv)(A) of this section,
must collect their next round of samples during a time period that ends no
later than 45 months after the previous round of sampling. Subsequent
rounds of sampling must be collected annually or triennially, as required by
this section.
(v)
Any water system that demonstrates for two consecutive 6-month monitoring
periods that the tap water lead level computed under §6.80(c)(3) is less than or
equal to 0.005 mg/L and the tap water copper level computed under §6.80(c)(3) is
less than or equal to 0.65 mg/L may reduce the number of samples in accordance
with paragraph (c) of this section and reduce the frequency of sampling to once
every three calendar years.
Section “D”: Lead and Copper
75
(vi)
(A)
A small or medium-size water system subject to reduced monitoring that
exceeds the lead or copper action level shall resume sampling in accordance
paragraph c) of this section and collect the number of samples specified for
standard monitoring under paragraph (c) of this section. Such a system shall
also conduct water quality parameter monitoring in accordance with
6.87(b),(c) or (d) (as appropriate) during the monitoring period in which it
exceeded the action level. Any such system may resume annual monitoring
for lead and copper at the tap at the reduced number of sites specified in
paragraph (c) of this section after it has completed two subsequent
consecutive six-month rounds of monitoring that meet the criteria of
paragraph (d)(4)(i) of this section and/or may resume triennial monitoring
for lead and copper at the reduced number of sites after it demonstrates
through subsequent rounds of monitoring that it meets the criteria of either
paragraph (d)(4)(iii) or (d)(4)(v) of this section.
(B)
Any water system subject to the reduced monitoring frequency that fails to
operate at or above the minimum value or within the range of values for the
water quality parameters specified by the Director under §6.82(f) for more
than nine days in any six-month period specified in §6.87(d) shall conduct
tap water sampling for lead and copper at the frequency specified in
paragraph (d)(3) of this section, collect the number of samples specified for
standard monitoring under paragraph (c) of this section, and shall resume
monitoring for water quality parameters within the distribution system in
accordance with §6.87(d). Such a system may resume reduced monitoring
for lead and copper at the tap and for water quality parameters within the
distribution system under the following conditions:
(1)
The system may resume annual monitoring for lead and copper at the tap at
the reduced number of sites specified in paragraph (c) of this section after it
has completed two subsequent six-month rounds of monitoring that meet
the criteria of paragraph (d)(4)(ii) of this section and the system has
received written approval from the Director that it is appropriate to resume
reduced monitoring on an annual frequency.
(2)
The system may resume triennial monitoring for lead and copper at the tap
at the reduced number of sites after it demonstrates through subsequent
rounds of monitoring that it meets the criteria of either paragraph (d)(4)(iii)
or (d)(4)(v) of this section and the system has received written approval
from the Director that it is appropriate to resume triennial monitoring.
(3)
The system may reduce the number of water quality parameter tap water
samples required in accordance with §6.87(e)(1) and the frequency with
which it collects such samples in accordance with §6.87(e)(2). Such a
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76
system may not resume triennial monitoring for water quality parameters at
the tap until it demonstrates, in accordance with the requirements of
§6.87(e)(2), that it has re-qualified for triennial monitoring.
(vii) Any water system subject to a reduced monitoring frequency under paragraph (d)(4)
of this section that either adds a new source of water or changes any water
treatment shall inform the Director in writing in accordance with §6.90(a)(3). The
Director may require the system to resume sampling in accordance with paragraph
(d)(3) of this section and collect the number of samples specified for standard
monitoring under paragraph (c) of this section or take other appropriate steps such
as increased water quality parameter monitoring or re-evaluation of its corrosion
control treatment given the potentially different water quality considerations.
(e)
Additional Monitoring by Systems
The results of any monitoring conducted in addition to the minimum requirements of this section
shall be considered by the system and the Director in making any determinations (i.e., calculating
the 90th percentile lead or copper level) under this subpart.
(f)
Invalidation of Lead or Copper Tap Water Samples
A sample invalidated under this paragraph does not count toward determining lead or
copper 90th percentile levels under §6.80(c)(3) or toward meeting the minimum
monitoring requirements of paragraph (c) of this section.
(1)
The Director may invalidate a lead or copper tap water sample at least if one of the
following conditions is met.
(i)
The laboratory establishes that improper sample analysis caused erroneous
results.
(ii)
The Director determines that the sample was taken from a site that did not
meet the site selection criteria of this section.
(iii)
The sample container was damaged in transit.
(iv)
There is substantial reason to believe that the sample was subject to
tampering.
(2)
The system must report the results of all samples to the Director and all supporting
documentation for samples the system believes should be invalidated.
(3)
To invalidate a sample under paragraph (f)(l) of this section, the decision and the
rationale for the decision must be documented in writing. The Director shall not
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invalidate a sample solely on the grounds that a follow-up sample result is higher or
lower than that of the original sample.
(4)
The water system must collect replacement samples for any samples invalidated
under this section if, after the invalidation of one or more samples, the system has
too few samples to meet the minimum requirements of paragraph (c) of this
section. Any such replacement samples must be taken as soon as possible, but no
later than 20 days after the date the Director invalidates the sample or by the end of
the applicable monitoring period, whichever occurs later. Replacement samples
taken after the end of the applicable monitoring period shall not also be used to
meet the monitoring requirements of a subsequent monitoring period. The
replacement samples shall be taken at the same locations as the invalidated samples
or, if that is not possible, at locations other than those already used for sampling
during the monitoring period.
§6.87 Monitoring Requirements for Water Quality Parameters
All large water systems, and all small and medium-size systems that exceed the lead or
copper action level shall monitor water quality parameters in addition to lead and copper in
accordance with this section. The requirements of this section are summarized in the table
at the end of this section.
(a)
General Requirements
(i)
Sample Collection Methods
(i)
Tap samples shall be representative of water quality throughout the
distribution system taking into account the number of persons served, the
different sources of water, the different treatment methods employed by the
system, and seasonal variability. Tap sampling under this section is not
required to be conducted at taps targeted for lead and copper sampling under
§6.86(a). [Note: Systems may find it convenient to conduct tap sampling
for water quality parameters at sites used for coliform sampling.
(ii)
Samples collected at the entry point(s) to the distribution system shall be
from locations representative of each source after treatment. If a system
draws water from more than one source and the sources are combined
before distribution, the system must sample at an entry point to the
distribution system during periods of normal operating conditions (i.e.,
when water is representative of all sources being used).
Section “D”: Lead and Copper
78
(2)
Number of Samples
(i)
Systems shall collect two tap samples for applicable water quality
parameters during each monitoring period specified under paragraphs (b) -
(e) of this section from the following number of sites.
System Size
(# People Served)
# of sites for Water Quality
Parameters
>100,000
25
10,001-100,000
10
3,301 to 10,000
3
501 to 3,300
2
101 to 500
1
<100
1
(ii)
Except as provided in paragraph (c)(3) of this section, systems shall collect
two samples for each applicable water quality parameter at each entry point
to the distribution system during each monitoring period specified in
paragraph (b) of this section. During each monitoring period specified in
paragraphs (c)-(e) of this section, systems shall collect one sample for each
applicable water quality parameter at each entry point to the distribution
system.
(b)
Initial Sampling
All large water systems shall measure the applicable water quality parameters as specified below
at taps and at each entry point to the distribution system during each six-month monitoring period
specified in §6.86(d)(1). All small and medium-size systems shall measure the applicable water
quality parameters at the locations specified below during each six-month monitoring period
specified in §6.86(d)(1) during which the system exceeds the lead or copper action level.
(1)
At taps:
(i)
pH;
(ii)
alkalinity;
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(iii)
orthophosphate, when an inhibitor containing a phosphate compound is used;
(iv)
silica, when an inhibitor containing a silicate compound is used;
(v)
calcium;
(vi)
conductivity; and
(vii)
water temperature.
(2)
At each entry point to the distribution system: all of the applicable parameters
listed in paragraph (b)(1) above.
(c)
Monitoring after Installation of Corrosion Control
Any large system which installs optimal corrosion control treatment pursuant to §6.81(d)(4) shall
measure the water quality parameters at the locations and frequencies specified below during each
six-month monitoring period specified in §6.86(d)(2)(I). Any small or medium-size system
which installs optimal corrosion control treatment shall conduct such monitoring during each six-
month monitoring period specified in §6.86(d)(2)(ii) in which the system exceeds the lead or
copper action level.
(1)
At taps, two samples for:
(i)
pH;
(ii)
alkalinity;
(iii)
orthophosphate, when an inhibitor containing a phosphate compound is used;
(iv)
silica, when an inhibitor containing a silicate compound is used;
(v)
calcium, when calcium carbonate stabilization is used as part of corrosion
control.
(2)
Except as provided in paragraph (c)(3) of this section, at each entry point to the
distribution system, at least one sample no less frequently than every two weeks
(bi-weekly) for:
(i)
pH;
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(ii)
when alkalinity is adjusted as part of optimal corrosion control, a reading of
the dosage rate of the chemical used to adjust alkalinity, and the alkalinity
concentration; and
(iii)
when a corrosion inhibitor is used as part of optimal corrosion control, a
reading of the dosage rate of the inhibitor used, and the concentration of
orthophosphate or silica (whichever is applicable).
(3)
Any ground water system can limit entry point sampling described in paragraph
(c)(2) of this section to those entry points that are representative of water quality
and treatment conditions throughout the system. If water from untreated ground
water sources mixes with water from treated ground water sources, the system
must monitor for water quality parameters both at representative entry points
receiving treatment and representative entry points receiving no treatment. Prior to
the start of any monitoring under this paragraph, the system shall provide to the
Director written information identifying the selected entry points and
documentation, including information on seasonal variability, sufficient to
demonstrate that the sites are representative of water quality and treatment
conditions throughout the system.
(d)
Monitoring after the Director Specifies Water Quality Parameter Values for Optimal
Corrosion Control
After the Director specifies the values for applicable water quality control parameters
reflecting optimal corrosion control treatment under §6.82(f), all large systems shall
measure the applicable water quality parameters in accordance with paragraph c) of this
section and determine compliance with the requirements of §6.82(g) every six months
with the first six-month period to begin on the date the Director specifies the optimal
values under §6.82(f). Any small or medium-size system shall conduct such monitoring
during each six-month period specified in this paragraph in which the system exceeds the
lead or copper action level. For any such small and medium-size system that is subject to a
reduced monitoring frequency pursuant to §6.86(d)(4) at the time of the action level
exceedance, the end of the applicable six-month period under this paragraph shall coincide
with the end of the applicable monitoring period under §6.86(d)(4). Compliance with
Director-designated optimal water quality parameter values shall be determined as
specified under §6.82(g).
(e) Reduced Monitoring
(1)
Any water system that maintains the range of values for the water quality
parameters reflecting optimal corrosion control treatment during each of two
consecutive six-month monitoring periods under paragraph (d) of this section shall
continue monitoring at the entry point(s) to the distribution system as specified in
Section “D”: Lead and Copper
81
paragraph (c)(2) of this section. Such system may collect two tap samples for
applicable water quality parameters from the following reduced number of sites
during each six-month monitoring period.
Section “D”: Lead and Copper
82
System Size
(# People Served)
Reduced # of Sites for Water
Quality Parameters
>100,000
10
10,001 to 100,000
7
3,301 to 10,000
3
501 to 3,300
2
101 to 500
1
<100
1
(2)(i) Any water system that maintains the range of values for the water quality
parameters reflecting optimal corrosion control treatment specified by the
Director under §6.82(f) during three consecutive years of monitoring may reduce
the frequency with which it collects the number of tap samples for applicable water
quality parameters specified in this paragraph (e)(1) from every six months to
annually. Any water system that maintains the range of values for the water quality
parameters reflecting optimal corrosion control treatment specified by the State
under §6.82(f) during three consecutive years of annual monitoring under this
paragraph may reduce the frequency with which it collects the number of tap
samples for applicable water quality parameters specified in paragraph (e)(1) from
annually to every three years.
(ii)
A water system may reduce the frequency with which it collects tap samples for
applicable water quality parameters specified in paragraph (e)(1) of this section to
every three years if it demonstrates during two consecutive monitoring periods that
its tap water lead level at the 90th percentile is less than or equal to the PQL for lead
specified in §6.89 (a)(1)(ii), that its tap water copper level at the 90th percentile is
less than or equal to 0.65 mg/L for copper in §6.80(c)(2), and that it also has
maintained the range of values for the water quality parameters reflecting optimal
corrosion control treatment specified by the Director under §6.82(f).
(3)
A water system that conducts sampling annually shall collect these samples evenly
throughout the year so as to reflect seasonal variability.
(4)
Any water system subject to reduced monitoring frequency that fails to operate at
or above the minimum value or within the range of values for the water quality
parameters specified by the Director under §6.82(f) for more than nine days in any
six-month period specified in §6.82(g) shall resume distribution system tap water
Section “D”: Lead and Copper
83
sampling in accordance with the number and frequency requirements in paragraph d)
of this section. Such a system may resume annual monitoring for water quality
parameters at the tap at the reduced number of sites specified in paragraph (e)(1) of
this section after it has completed two subsequent consecutive six-month rounds of
monitoring that meet the criteria of that paragraph and/or may resume triennial
monitoring for water quality parameters at the tap at the reduced number of sites
after it demonstrates through subsequent rounds of monitoring that it meets the
criteria of either paragraph (e)(2)(i) or (e)(2)(ii) of this section.
(f)
Additional Monitoring by Systems
The results of any monitoring conducted in addition to the minimum requirements of this section
shall be considered by the system and the Director in making any determinations (i.e., determining
concentrations of water quality parameters) under this section or §6.82.
Section “D”: Lead and Copper
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SUMMARY OF MONITORING REQUIREMENTS FOR WATER QUALITY PARAMETERS1
Monitoring Period
Parameters2
Location
Frequency
Initial Monitoring
pH, alkalinity, orthophosphate or silica3, calcium,
conductivity, temperature
Taps and at entry
point(s)to distribution
system
Every 6 months
After Installation of Corrosion
Control
pH, alkalinity, orthophosphate or silica3, calcium4
Taps
Every 6 months
pH, alkalinity dosage rate and concentration (if
alkalinity adjusted as part of corrosion control),
inhibitor dosage rate and inhibitor residual5
Entry point(s) to
distribution system
No less frequently
than every two
weeks
After Director Specifies
Parameter Values For Optimal
Corrosion
Control
pH, alkalinity, orthophosphate or silica3, calcium4
Taps
Every 6 months
pH, alkalinity dosage rate and concentration (if
alkalinity adjusted as part of corrosion control),
inhibitor dosage rate and inhibitor residual5
Entry point(s) to
distribution system
No less frequently
than every two
weeks
Reduced Monitoring
pH, alkalinity, orthophosphate or silica3, calcium4
Taps
Every 6 months,
annually7 or every
3 years8 reduced
number of sites
pH, alkalinity dosage rate and concentration (if
alkalinity adjusted as part of corrosion control),
inhibitor dosage rate and inhibitor residual5
Entry point(s) to
distribution system
No less frequently
than every two
weeks
1
Table is for illustrative purposes; consult the text of this section for precise regulatory requirements.
2
Small and medium-size systems have to monitor for water quality parameters only during monitoring periods in which the system
exceeds the lead or copper action level.
3
Orthophosphate must be measured only when an inhibitor containing a phosphate compound is used. Silica must be measured
only when an inhibitor containing silicate compound is used.
4
Calcium must be measured only when calcium carbonate stabilization is used as part of corrosion control.
5
Inhibitor dosage rates and inhibitor residual concentrations (orthophosphate or silica) must be measured only when an inhibitor is
used.
6
Ground water systems may limit monitoring to representative locations throughout the system.
7
Water systems may reduce frequency of monitoring for water quality parameters at the tap from every six months to annually if
they have maintained the range of values for water quality parameters reflecting optimal corrosion control during 3 consecutive
years of monitoring.
8
Water systems may further reduce the frequency of monitoring for water quality parameters at the tap from annually to once every
3 years if they have maintained the range of values for water quality parameters reflecting optimal corrosion control during 3
consecutive years of annual monitoring. Water systems may accelerate to triennial monitoring for water quality parameters at the
tap if they have maintained 90th percentile lead levels less than or equal to 0.005 mg/L, 90th percentile copper levels less than or
equal to 0.65 mg/L, and the range of water quality parameters designated by the Director under §6.82(f) as representing optimal
corrosion control during two consecutive six-month monitoring periods.
Section “D”: Lead and Copper
85
§6.88 Monitoring Requirements for Lead and Copper in Source Water
(a)
Sample Location, Collection Methods, and Number of Samples
(1)
A water system that fails to meet the lead or copper action level on the basis of tap
samples collected in accordance with §6.86 shall collect lead and copper source
water samples in accordance with the following requirements regarding sample
location, number of samples, and collection methods:
(i)
Groundwater systems shall take a minimum of one sample at every entry
point to the distribution system which is representative of each well after
treatment (hereafter called a sampling point). The system shall take one
sample at the same sampling point unless conditions make another sampling
point more representative of each source or treatment plant.
(ii)
Surface water systems shall take a minimum of one sample at every entry
point to the distribution system after any application of treatment o r in the
distribution system at a point which is representative of each source after
treatment (hereafter called a sampling point). The system shall take each
sample at the same sampling point unless conditions make another sampling
point more representative of each source or treatment plant. NOTE: For the
purposes of this paragraph, surface water systems include systems with a
combination of surface and ground sources.
(iii)
If a system draws water from more than one source and the sources are
combined before distribution, the system must sample at an entry point to
the distribution system during periods of normal operating conditions (i.e.,
when water is representative of all sources being used).
(iv)
The Director may reduce the total number of samples which must be
analyzed by allowing the use of compositing. Compositing of samples must
be done by certified laboratory personnel. Composite samples from a
maximum of five samples are allowed, provided that if the lead
concentration in the composite sample is greater than or equal to 0.001
mg/L or the copper concentration is greater than or equal to 0.160 mg/L,
then either:
(A)
A follow-up sample shall be taken and analyzed within 14 days at
each sampling point included in the composite; or
(B)
If duplicates of or sufficient quantities from the original samples
from each sampling point used in the composite are available, the
system may use these instead of resampling.
Section “D”: Lead and Copper
86
(2)
Where the results of sampling indicate an exceedance of maximum permissible
source water levels established under §6.83(b)(4), the Director may require that
one additional sample be collected as soon as possible after the initial sample was
taken (but not to exceed two weeks) at the same sampling point. If a Director-
required confirmation sample is taken for lead or copper, then the results of the
initial and confirmation sample shall be averaged in determining compliance with
the Director-specified maximum permissible levels. Any sample value below the
detection limit shall be considered to be zero. Any value above the detection limit
but below the PQL shall either be considered as the measured value or be
considered one-half the PQL.
(b)
Monitoring Frequency after System Exceeds Tap Water Action Level
Any system which exceeds the lead or copper action level at the tap shall collect one source water
sample from each entry point to the distribution system within six months after the exceedance.
(c)
Monitoring Frequency after Installation of Source Water Treatment
Any system which installs source water treatment pursuant to §6.83(a)(3) shall
collect an additional source water sample from each entry point to the distribution
system during two consecutive six-month monitoring periods by the deadline
specified in §6.83(a)(4).
(d)
Monitoring Frequency after the Director Specifies Maximum Permissible Source Water
Levels or Determines That Source Water Treatment Is Not Needed
(1)
A system shall monitor at the frequency specified below in cases where the
Director specifies maximum permissible source water levels under §6.83(b)(4) or
determines that the system is not required to install source water treatment under
§6.83(b)(2).
(i)
A water system using only groundwater shall collect samples once during
the three-year compliance period (as that term is defined in Section 1) in
effect when the applicable Director determination under paragraph (d)(1) of
this section is made. Such systems shall collect samples once during each
subsequent compliance period.
(ii)
A water system using surface water (or a combination of surface and
groundwater) shall collect samples once during each year, the first annual
monitoring period to begin on the date on which the applicable Director
determination is made under paragraph (d)(1) of this section.
Section “D”: Lead and Copper
87
(2)
A system is not required to conduct source water sampling for lead and/or copper if
the system meets the action level for the specific contaminant in tap water samples
during the entire source water sampling period applicable to the system under
paragraph (d)(1)(I) or (ii) of this section.
(e)
Reduced Monitoring Frequency
(1)
A water system using only groundwater may reduce the monitoring frequency for
lead and/or copper in source water to once during each nine-year compliance cycle
(as that term is defined in Section 1) if the system meets one of the following
criteria.
(i)
The system demonstrates that finished drinking water entering the
distribution system has been maintained below the maximum permissible
lead and copper concentrations specified by the Director in §6.83(b)(4)
during at least three consecutive compliance periods under paragraph (d)(1)
of this section; or
(ii)
The Director has determined that source water treatment is not needed and
the system demonstrates that, during at least three consecutive compliance
periods in which sampling was conducted under paragraph (d)(1) of this
section, the concentration of lead in source water was less than or equal to
0.005 mg/L and the concentration of copper in source water was less than
or equal to 0.65 mg/L.
(2)
A water system using surface water (or a combination of surface water and ground
water)may reduce the monitoring frequency in paragraph (d)(1) of this section to
once during each nine-year compliance cycle (as that term is defined in Section 1)
if the system meets one of the following criteria:
(i)
The system demonstrates that finished drinking water entering the
distribution system has been maintained below the maximum permissible
lead and copper concentrations specified by the Director in §6.83(b)(4) for
at least three consecutive years; or
(ii)
The Director has determined that source water treatment is not needed and
the system demonstrates that, during at least three consecutive years, the
concentration of lead in source water was less than or equal to 0.005 mg/L
and the concentration of copper in source water was less than or equal to
0.65 mg/L.
Section “D”: Lead and Copper
88
(3)
A water system that uses a new source of water is not eligible for reduced
monitoring for lead and/or copper until concentrations in samples collected from
the new source during three consecutive monitoring periods are below the
maximum permissible lead and copper concentrations specified by the Director in
§6.83(a)(5).
§6.89 Analytical Methods
(a)
Analyses for lead, copper, pH, conductivity, calcium, alkalinity, orthophosphate, silica and
temperature shall be conducted with the methods in Appendix 1.
(1)
Analyses under this section shall only be conducted by certified laboratories using
the methods specified in Appendix 1. Analyses for pH and temperature shall be
conducted using methods specified in Appendix 1 by a party approved by the
Director. To obtain certification to conduct analyses for lead and copper,
laboratories must:
(i)
Analyze performance evaluation samples which include lead and copper
provided by a third party accredited provider or equivalent samples
provided by the State; and
(ii)
Achieve quantitative acceptance limits as follows:
(A)
For lead: + 30 percent of the actual amount in the Performance Evaluation
sample when the actual amount is greater than or equal to 0.005 mg/L. The
Practical Quantitation Level, or PQL for lead is 0.005 mg/L.
(B)
For Copper: + 10 percent of the actual amount in the Performance
Evaluation sample when the actual amount is greater than or equal to 0.050
mg/L. The Practical Quantitation Level, or PQL for copper is 0.050 mg/L;
(iii)
Achieve the method detection limit for lead of 0.001 mg/L according to the
procedures in appendix B of part 136 of 40 CFR. This need only be
accomplished if the laboratory will be processing source water composite
samples under §6.88(a)(1)(iii).
(iv)
Be currently certified by EPA or the State to perform analyses to the
specifications described in paragraph (a)(2) of this section.
(2)
The Director may allow the use of previously collected monitoring data for
purposes of monitoring, if the data were collected and analyzed in accordance with
the requirements of this Section.
Section “D”: Lead and Copper
89
(3)
All lead and copper levels measured between the PQL and the MDL must be either
reported as measured or they can be reported as one-half the PQL specified for
lead and copper in Appendix 1. All levels below the lead and copper MDLs must be
reported as zero.
(4)
All copper levels measured between the PQL and the MDL must be either reported
as measured or they can be reported as one-half the PQL (0.025 mg/L). All levels
below the copper MDL must be reported as zero.
(b)
[Reserved]
§6.90 Reporting Requirements
All water systems shall report all of the following information to the Director in accordance with
this section.
(a)
Reporting Requirements for Tap Water Monitoring for Lead and Copper and for Water
Quality Parameter Monitoring
(1)
Except as provided in paragraph (a)(1)(viii) of this section, a water system shall
report the information specified below for all tap water samples specified in §6.86
and for all water quality parameter samples specified in §6.87 within the first 10
days following the end of each applicable monitoring period specified in §6.86 and
§6.87 (i.e., every six-months, annually, every 3 years, or every 9 years).
(i)
the results of all tap samples for lead and copper including the location of
each site and the criteria under §6.86(a)(3),(4),(5),(6), and/or (7) under
which the site was selected for the system's sampling pool;
(ii)
Documentation for each tap water lead or copper sample for which the
water system requests invalidation pursuant to §6.86(f)(2);
(iii)
[Reserved];
(iv)
the 90th percentile lead and copper concentrations measured from among
all lead and copper tap water samples collected during each monitoring
period (calculated in accordance with §6.80(c)(3)) unless the Director
calculates the system’s 90th percentile lead and copper levels under
paragraph (h) of this section;
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(v)
with the exception of initial tap sampling conducted pursuant to §6.86(d)(1),
the system shall designate any site which was not sampled during previous
monitoring periods, and include an explanation of why sampling sites have
changed;
(vi)
the results of all tap samples for pH, and where applicable, alkalinity,
calcium, conductivity, temperature, and orthophosphate or silica collected
under §6.87(b)-(e);
(vii)
the results of all samples collected at the entry point(s) to the distribution
system for applicable water quality parameters under §6.87(b)-(e).
(viii) A water system shall report the results of all water quality parameter
samples collected under §6.87(c)-(f) during each six-month monitoring
period specified in §6.87(d) within the first 10 days following the end of the
monitoring period unless the Director has specified a more frequent
reporting requirement.
(2)
For a non-transient non-community water system, or a community water system
meeting the criteria of §§6.85(c)(7)(i) and (ii), that does not have enough taps that
can provide first-draw samples, the system must either:
(i)
Provide written documentation to the Director identifying standing times
and locations for enough non-first-draw samples to make up its sampling
pool under §6.86(b)(5) by the start of the first applicable monitoring period
under §6.86(d) that commences after April 11, 2000, unless the Director
has waived prior Director’s approval of non-first-draw sample sites selected
by the system pursuant to §6.86(b)(5); or
(ii)
If the Director has waived prior approval of non-first-draw sample sites
selected by the system, identify, in writing, each site that did not meet the
six-hour minimum standing time and the length of standing time for that
particular substitute sample collected pursuant to §6.86(b)(5) and include
this information with the lead and copper tap sample results required to be
submitted pursuant to paragraph (a)(1)(i) of this section.
(3)
No later than 60 days after the addition of a new source or any change in water
treatment, unless the Director requires earlier notification, a water system deemed
to have optimized corrosion control under §6.81(b)(3), a water system subject to
reduced monitoring pursuant to §6.86(d)(4), or a water system subject to a
monitoring waiver pursuant to §6.86(g), shall send written documentation to the
Director describing the change. In those instances where prior Director’s approval
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of the treatment change or new source is not required, water systems are
encouraged to provide the notification to the Director beforehand to minimize the
risk the treatment change or new source will adversely affect optimal corrosion
control.
(4)
Each ground water system that limits water quality parameter monitoring to a
subset of entry points under §6.87(c)(3) shall provide, by the commencement of
such monitoring, written correspondence to the Director that identifies the
selected entry points and includes information sufficient to demonstrate that the
sites are representative of water quality and treatment conditions throughout the
system.
(b)
Source Water Monitoring Reporting Requirements
(1)
A water system shall report the sampling results for all source water samples
collected in accordance with §6.88 within the first 10 days following the end of
each source water monitoring period (i.e., annually, per compliance period, per
compliance cycle) specified in §6.88.
(2)
With the exception of the first round of source water sampling conducted pursuant
to §6.88(b), the system shall specify any site which was not sampled during
previous monitoring periods, and include an explanation of why the sampling point
has changed.
(c)
Corrosion Control Treatment Reporting Requirements
By the applicable dates under §6.81, systems shall report the following information:
(1)
for systems demonstrating that they have already optimized corrosion control,
information required in §6.81(b) (2) or (3).
(2)
for systems required to optimize corrosion control, their recommendation
regarding optimal corrosion control treatment under §6.82(a).
(3)
for systems required to evaluate the effectiveness of corrosion control treatments
under §6.82(c), the information required by that paragraph.
(4)
for systems required to install optimal corrosion control designated by the
Director under §6.82(d), a letter certifying that the system has completed installing
that treatment.
(d)
Source Water Treatment Reporting Requirements
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By the applicable dates in §6.83, systems shall provide the following information to the Director:
(1)
if required under §6.83(b)(1), their recommendation regarding source water
treatment;
(2)
for systems required to install source water treatment under §6.83(b)(2), a letter
certifying that the system has completed installing the treatment designated by the
Director within 24 months after the Director designated the treatment.
(e)
Lead Service Line Replacement Reporting Requirements
Systems shall report the following information to the Director to demonstrate compliance with
the requirements of §6.84:
(1)
Within 12 months after a system exceeds the lead action level in sampling referred
to in §6.84(a), the system shall demonstrate in writing to the Director that it has
conducted a materials evaluation, including the evaluation in §6.86(a), to identify
the initial number of lead service lines in its distribution system, and shall provide
the Director with the system's schedule for replacing annually at least 7 percent of
the initial number of lead service lines in its distribution system.
(2)
Within 12 months after a system exceeds the lead action level in sampling referred
to in §6.84(a), and every 12 months thereafter, the system shall demonstrate to the
Director in writing that the system has either:
(i)
replaced in the previous 12 months at least 7 percent of the initial lead
service lines (or a greater number of lines specified by the Director under
§6.84(f)) in its distribution system, or
(ii)
conducted sampling which demonstrates that the lead concentration in all
service line samples from an individual line(s), taken pursuant to
§6.86(b)(3), is less than or equal to 0.015 mg/L. In such cases, the total
number of lines replaced and/or which meet the criteria in §6.84(c) shall
equal at least 7 percent of the initial number of lead lines identified under
paragraph (a) of this section (or the percentage specified by the Director
under §6.84(f)).
(3)
The annual letter submitted to the Director under paragraph (e)(2) of this section
shall contain the following information:
(i)
the number of lead service lines scheduled to be replaced during the
previous year of the system's replacement schedule;
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(ii)
the number and location of each lead service line replaced during the
previous year of the system's replacement schedule;
(iii)
if measured, the water lead concentration and location of each lead service
line sampled, the sampling method, and the date of sampling.
(4)
Any system which collects lead service line samples following partial lead service
line replacement required by §6.84 shall report the results to the Director within the
first ten days of the month following the month in which the system receives the
laboratory results, or as specified by the Director. The Director, at his or her
discretion may eliminate this requirement to report these monitoring results.
Systems shall also report any additional information as specified by the Director,
and in a time and manner prescribed by the Director, to verify that all partial lead
service line replacement activities have taken place.
(f)
Public Education Program Reporting Requirements
1)
Any water system that is subject to the public education requirements in §6.85 shall, within
ten days after the end of each period in which the system is required to perform public
education tasks in accordance with §6.85(c), send written documentation to the Director
that contains:
(i)
A demonstration that the system has delivered the public education materials that
meet the content requirements in §6.85(a) and (b) and the delivery requirements in
§6.85(c); and
(ii)
A list of all the newspapers, radio stations, television stations, and facilities and
organizations to which the system delivered public education materials during the
period in which the system was required to perform public education tasks.
(2)
Unless required by the Director, a system that previously has submitted the information
required by paragraph (f)(1)(ii) of this section need not resubmit the information required
by paragraph (f)(1)(ii) of this section, as long as there have been no changes in the
distribution list and the system certifies that the public education materials were
distributed to the same list submitted previously.
(g)
Reporting of Additional Monitoring Data
Any system which collects sampling data in addition to that required by this subpart shall
report the results to the Director within the first ten (10) days following the end of the
applicable monitoring period under §§6.86, 6.87 and §6.88 during which the samples are
collected.
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(h)
Reporting of 90th Percentile Lead and Copper Concentrations Where the Director
Calculates a System’s 90th Percentile Concentration
A water system is not required to report the 90th percentile lead and copper
concentrations measured from among all lead and copper tap water samples collected
during each monitoring period, as required by paragraph (a)(1)(iv) of this section if:
(1)
The Director has previously notified the water system that it will calculate the
water system’s 90th percentile lead and copper concentrations, based on the lead
and copper tap results submitted pursuant to paragraph (h)(2)(i) of this section, and
has specified a date before the end of the applicable monitoring period by which the
system must provide the results of lead and copper tap water samples;
(2)
The system has provided the following information to the Director by the date
specified in paragraph (h)(1) of this section:
(i)
The results of all tap samples for lead and copper including the location of
each site and the criteria under §6.86(a)(3), (4), (5), (6), and/or (7) under
which the site was selected for the system’s sampling pool, pursuant to
paragraph (a)(1)(i) of this section; and
(ii)
An identification of sampling sites utilized during the current monitoring
period that were not sampled during previous monitoring periods, and an
explanation why sampling sites have changed; and
(3)
The Director has provided the results of the 90th percentile lead and copper
calculations, in writing, to the water system before the end of the monitoring
period.
§6.91 Record Keeping Requirements
Any system subject to the requirements of this Section shall retain on its premises original
records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules,
Director determinations, and any other information required by §6.81 through §6.88. Each water
system shall retain the records required by this section for no fewer than 12 years.
September 21, 2001
DWQ-lead copper-section d-refiling-jan02.doc
Section 7.0 Connections Between Distribution Systems
7.1
No person shall maintain a physical connection joining a public water system with any
other water system, unless such connection is approved by the Director.
7.2
It is the responsibility of the public water system to register all existing or proposed
connections between the PWS and any other water supply with the Director on or before
January 1, 1992 or as they are proposed or discovered, whichever is later.
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Section 8.0 Contamination of Tanks
8.1
Connected to Unsafe Supplies
Any person who maintains a public water system connection to a tank which is also
supplied with water from a water system found by the Director to be unsafe shall maintain
the tank open to atmospheric pressure, and the public water supply pipe shall terminate at
least two pipe diameters above the maximum level of water in the tank. The tank overflow
shall be of adequate size to fix definitely the maximum level.
8.2
Avoidance of Contamination in Tanks
Any person who is furnished water from a public water system and maintains a tank
supplied only by such water shall have such tank so constructed and maintained to prevent
contaminants from gaining access to the tank interior.
Section 9.0 Assurance of Safety in Public Supply
9.1
Any person maintaining a public water system shall operate and maintain the water supply
facilities so that the water furnished the public is safe and potable.
Section 10.0 Correction of Unsafe Conditions
10.1
When the water from a public water system is not safe or is subject to contamination, as
determined by the Director, the person maintaining such public water system shall take
immediate action to correct sanitary defects, improve operation, provide necessary water
treatment, or make any other changes or additions deemed necessary by the Director to
provide safe water.
10.2
Any person maintaining a water system who is aware of an unsafe condition, that the water
is not safe or is subject to contamination, shall notify the Director immediately.
Section 11.0 Reports as to Public Supplies
11.1
Any person maintaining a public water system shall submit or cause to be submitted by
operating personnel such reports of operation pertaining to the sanitary quality, treatment
and output as may be required by the Director. Such operation reports shall be submitted
within ten (10) days after demand and shall be accurate and complete as required by the
Director. Violations of maximum contaminant levels shall be reported to the Director
within 48 hours after such a determination is made unless otherwise required for specific
contaminants.
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11.2
It is the responsibility of the water system to collect, have analyzed, and report the results
of all water quality samples required by these regulations. Samples must be collected in
accordance with a written sample siting plan. These plans are subject to the Director's
review and revision.
Section 12.0 Certified Laboratories
12.1
For the purpose of determining compliance with these regulations, only analyses carried
out by the Department of Health or in a laboratory certified by the Department of Health,
EPA, or by reciprocity with another state will be considered with the exception of turbidity
pH, temperature, and residual disinfectant concentration determinations, which must be
carried out by a party approved by the Director.
Section 13.0 Ground Water Microbiology
13.1
Ground water sources shall meet the stipulated microbiological standard prior to
disinfection where disinfection is practiced.
Section 14.0 Consecutive Water System Monitoring
14.1
These regulations shall also pertain to a public water system which is supplied by another
public water system except as specifically modified by the Director and agreed upon by the
EPA Administrator.
Section 15.0 Variances And Exemptions
15.1
Variances and exemptions to these regulations may be granted by the Director in
accordance with Chapter 42-35 of the Rhode Island General Laws of 1956, as amended and
if deemed applicable by the Director the provisions of Sections 300g-4 and 300g-5 of 42
USC et seq. (Section 1415 variances to regulations promulgated pursuant to the SDWA and
Section 1416 exemptions to regulations promulgated pursuant to the SDWA of Public Law
93-523 as amended).
15.1.1 Variances pursuant to Section 1415 may be granted as follows:
(a)
The Director may grant variances from an applicable national primary drinking
water regulation to a public water system which, because of characteristics of the
raw water sources which are reasonably available to the system, cannot meet the
requirements respecting the maximum contaminant levels of such drinking water
regulation. A variance may be issued to a system on condition that the system
install the best technology, treatment techniques, or other means, which the
Director finds are available (taking costs into consideration) and based upon an
evaluation satisfactory to the Director that indicates that alternative sources of
water are not reasonably available to the system.
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Before the Director may grant a variance under this subparagraph, the Director
must find that the variance will not result in an unreasonable risk to health. If the
Director grants a public water system a variance under this subparagraph, the
Director shall prescribe at the time the variance is granted, a schedule for:
(i)
compliance (including increments of progress) by the public water system
with each contaminant level requirement with respect to which the variance
was granted, and
(ii)
implementation by the public water system of such additional control
measures as the State may require for each contaminant, subject to such
contaminant level requirement, during the period ending on the date
compliance with such requirement is required. Before a schedule
prescribed pursuant to this subparagraph may take effect, the Director shall
provide notice and opportunity for a public hearing on the schedule. A
schedule prescribed pursuant to this subparagraph for a public water system
granted a variance shall require compliance by the system with each
contaminant level requirement with respect to which the variance was
granted as expeditiously as practicable.
(b)
The Director may grant variances from any provisions of a national primary
drinking water regulation which requires the use of a specified treatment technique
with respect to a contaminant if the public water system applying for the variance
demonstrates to the satisfaction of the Director that such treatment technique is
not necessary to protect the health of persons because of the nature of the raw
water source of such system. A variance granted under this subparagraph shall be
conditioned on such monitoring and other requirements as the Director may
prescribe.
(c)
Before a variance proposed to be granted by the Director under subparagraph (a) or
(b) may take effect, the Director shall provide notice and opportunity for public
hearing on the proposed variance. The Director shall promptly notify the
Administrator of all variances that are granted. Such notification shall contain the
reason for the variance [and in the case of a variance under subparagraph (a), the
basis for the finding required by that subparagraph before the granting of the
variance] and documentation of the need for the variance.
(d)
Each public water system’s variance granted under subparagraph (a) shall be
conditioned upon compliance by the public water system with the schedule
prescribed by the Director pursuant to that subparagraph.
(e)
For such variance issued under this subparagraph, the Director
(1)
must document all findings that are required under Section 1415(a) of the
SDWA.
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(2)
If the Director prescribes a schedule pursuant to section 15.1.1(a) requiring
compliance with a contaminant level for which the variance is granted later
than five years from the date of issuance of the variance the Director must
(i)
Document the rationale for the extended compliance schedule;
(ii)
Discuss the rationale for the extended compliance schedule in the
required public notice and opportunity for public hearing; and
(iii)
Provide the shortest practicable time schedule feasible under the
circumstances.
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(f)
Variances for Small Systems
General Provisions
(1)
What is a small system variance?
Small system variances are variances from the requirement to comply with a
maximum contaminant level or treatment technique to systems serving
fewer than 10,000 persons. The purpose of this subpart is to provide the
procedures and criteria for obtaining these variances.
(2)
Who can issue a small system variance?
A small system variance under this subpart may only be issued by the
Director.
(3)
Which size public water systems can receive a small system variance?
(a)
The Director may grant a small system variance to public water
systems serving 3,300 or fewer persons.
(b)
With the approval of the EPA Regional Administrator, the Director
may grant a small system variance to public water systems serving
more than 3,300 persons but fewer than 10,000 persons.
(c)
In determining the number of persons served by the public water
system, persons served by consecutive systems must be included. A
small system variance granted to a public water system would also
apply to any consecutive system served by it.
(4)
For which of the regulatory requirements is a small system variance
available?
(a)
A small system variance is not available under this subpart for a
national primary drinking water regulation for a microbial
contaminant (including a bacterium, virus, or other organism) or an
indicator or treatment technique for a microbial contaminant.
(b)
A small system variance under this subpart is otherwise only
available for compliance with a requirement specifying a maximum
contaminant level or treatment technique for a contaminant with
respect to which:
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(1)
a national primary drinking water regulation was promulgated
on or after January 1, 1986; and
(2)
the Administrator has published a small system variance
technology pursuant to Section 1412(b)(15) of the Safe
Drinking Water Act.
Note to paragraph (b)(1): Small system variances are not available
for public water systems above the pre-1986 maximum contaminant
level even if subsequently revised. If the agency revises a pre-1986
maximum contaminant level and makes it more stringent, then a
variance would be available for that contaminant, but only up to the
pre-1986 maximum contaminant level.
(5)
When can a small system variance be granted by the Director?
No small system variance can be granted by the Director until the later of
the following:
(a)
90 days after the Director proposed to grant the small system
variance;
(b)
If the Director is proposing to grant a small system variance to a
public water system serving 3,300 or fewer persons and the
Administrator objects to the small system variance, the date on
which the Director makes the recommended modifications or
responds in writing to each objection; or
(c)
If the Director is proposing to grant a small system variance to a
public water system serving a population more than 3,300 and fewer
than 10,000 persons, the date the Administrator approves the small
system variance. The Administrator must approve or disapprove the
variance within 90 days after it is submitted to the Administrator for
review.
Review of Small System Variance Application
(6)
What are the responsibilities of the public water system, Director, and the
Administrator in ensuring that sufficient information is available and for evaluation
of a small system variance application?
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(a)
A public water system requesting a small system variance must
provide accurate and correct information to the Director to issue a
small system variance in accordance with this subpart.
(b)
Based upon an application for a small system variance and other
information, and before a small system variance may be proposed
under this subpart, the Director must find and document the
following:
(1)
The public water system is eligible for a small system
variance pursuant to 15.1.1(f)(3) (i.e., the system serves a
population of fewer than 10,000 persons) and (f)(4) (i.e., the
contaminant for which the small system variance is sought is
not excluded from variance eligibility);
(2)
The public water system cannot afford to comply, in
accordance with the affordability criteria established by the
Director, with the national primary drinking water regulation
for which a small system variance is sought, including by:
(i)
treatment;
(ii)
Alternative sources of water supply;
(iii)
Restructuring or consolidation changes, including
ownership change and/or physical consolidation with
another public water system; or
(iv)
Obtaining financial assistance;
(3)
The public water system meets the source water quality requirements
for installing the small system variance technology;
(4)
The public water system is financially and technically capable of
installing, operating, and maintaining the applicable small system
variance technology; and
(5)
The terms and conditions of the small system variance, as developed
through compliance with (f)(7) ensure adequate protection of human
health, considering the following:
(i)
The quality of the source water for the public water system;
and
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(ii)
Removal efficiencies and expected useful life of the small
system variance technology.
(7)
What terms and conditions must be included in a small system variance?
(a)
The Director must clearly specify enforceable terms and conditions of a
small system variance.
(b)
The terms and conditions of a small system variance issued under this
subpart must include, at a minimum, the following requirements:
(1)
Proper and effective installation, operation, and maintenance of the
applicable small system variance technology taking into
consideration any relevant source water characteristics and any other
site-specific conditions that may affect proper and effective
operation and maintenance of the technology;
(2)
Monitoring requirements, for the contaminant for which a small
system variance is sought; and
(3)
Any other terms or conditions that are necessary to ensure adequate
protection of public health, which may include:
(i)
Public education requirements; and
(ii)
Source water protection requirements.
(c)
The Director must establish a schedule for the public water system to
comply with the terms and conditions of the small system variance which
must include, at a minimum, the following requirements:
(1)
Increments of progress, such as milestone dates for the public water
system to apply for financial assistance and begin capital
improvements;
(2)
Quarterly reporting to the Director of the public water system’s
compliance with the terms and conditions of the small system
variance;
(3)
Schedule for the Director to review the small system variance under
paragraph (d) of this section; and
(4)
Compliance with the terms and conditions of the small system
variance as soon as practicable but not later than 3 years after the
date on which the small system variance is granted. The Director
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may allow up to 2 additional years if the Director determines that
additional time is necessary for the public water system to:
(i)
Complete necessary capital improvements to comply with the
small system variance technology, secure an alternative
source of water, or restructure or consolidate; or
(ii)
Obtain financial assistance.
(d)
The Director must review each small system variance granted not less often than
every 5 years after the compliance date established in the small system variance to
determine whether the public water system continues to meet the eligibility criteria
and remains eligible for the small system variance and is complying with the terms
and conditions of the small system variance. If the public water system would no
longer be eligible for a small system variance, the Director must determine
whether continuing the variance is in the public interest. If the Director finds that
continuing the variance is not in the public interest, the variance must be withdrawn.
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Public Participation
(8)
What public notice is required before the Director proposes to issue a small
system variance?
(a)
At least fifteen (15) days before the date of proposal, and at least thirty (30)
days prior to a public meeting to discuss the proposed small system
variance, the Director or public water system as directed by the Director,
must provide notice to all persons served by the public water system. For
billed customers, identified in paragraph (a)(1) of this section, this notice
must include the information listed in paragraph (c) of this section.
For other persons regularly served by the system, identified in paragraph
(a)(2) of this section, the notice shall include the information identified in
paragraph (d) of this section. Notice must be provided to all persons served
by:
(1)
Direct mail or other home delivery to billed customers or other
service connections; and
(2)
Any other method reasonably calculated to notify, in a brief and
concise manner, other persons regularly served by the system. Such
methods may include publication in a local newspaper, posting in
public places, or delivery to community organizations.
(b)
At the time of proposal, the Director must publish a notice in a newspaper
or newspapers of wide circulation in the State. This notice shall include the
information listed in paragraph (c) of this section.
(c)
The notice in paragraphs (a)(1) and (b) of this section must include, at a
minimum, the following:
(1)
Identification of the contaminant(s) for which a small system
variance is sought;
(2)
A brief statement of the health effects associated with the
contaminant(s) for which a small system variance is sought using
language in section 16.10 of these regulations;
(3)
The address and telephone number at which interested persons may
obtain further information concerning the contaminant and the small
system variance;
(4)
A brief summary, in easily understandable terms, of the terms and
conditions of the small system variance;
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(5)
A description of the consumer petition process under section
15.1.1(f)(10) and information on contacting the EPA Regional
Office;
(6)
A brief statement announcing the public meeting required under
Section (f)(9)(a), including a statement of the purpose of the
meeting, information regarding the time and location for the
meeting, and the address and telephone number at which interested
persons may obtain further information concerning the meeting; and
(7)
In communities with a large proportion of non-English-speaking
residents, as determined by the Director, information in the
appropriate language regarding the content and importance of the
notice.
(d)
The notice in paragraph (a)(2) of this section must provide sufficient
information to alert readers to the proposed variance and direct them where
to receive additional information.
(e)
At his option, the Director or the Administrator may choose to issue
separate notices or additional notices related to the proposed small system
variance, provided that the requirements in paragraphs (a) through (d) of this
section are satisfied.
(f)
Prior to promulgating the final variance, the Director must respond in
writing to all significant public comments received relating to the small
system variance. Response to public comment and any other documentation
supporting the issuance of a variance must be made available to the public
after final promulgation.
(9)
What are the public meeting requirements associated with the proposal of a small
system variance?
(a)
The Director must provide for at least one (1) public meeting on the small
system variance no later than 15 days after the small system variance is
proposed.
(b)
At the time of the public meeting, the Director must prepare and make
publicly available, in addition to the information listed in 15.1.1(f)(8)(c)
either:
(1)
The proposed small system variance, if the public meeting occurs
after proposal of the small system variance; or
(2)
A draft of the proposed small system variance, if the public meeting
occurs prior to proposal of the proposed small system variance.
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(c)
Notice of the public meeting must be provided in the manner required under
15.1.1(f)(8) at least 30 days in advance of the public meeting. This notice
must be provided by the Director or the public water system as directed by
the Director.
(10)
How can a person served by the public water system obtain EPA review of a small
system variance proposed by the Director?
(a)
Any person served by the public water system may petition the
Administrator to object to the granting of a small system variance within 30
days after the Director proposes to grant a small system variance for a
public water system.
(b)
The Administrator must respond to a petition filed by any person served by
the public water system and determine whether to object to the small
system variance no later than 60 days after the receipt of the petition.
EPA Review and Approval of Small System Variances
(11)
What procedures allow the Administrator to object to a proposed small system
variance or overturn a granted small system variance for a public water system
serving 3,300 or fewer persons?
(a)
At the time the Director proposes to grant a small system variance under
this subpart, the Director must submit to the Administrator the proposed
small system variance and all supporting information, including any written
public comments received prior to proposal.
(b)
The Administrator may review and object to any proposed small system
variance within 90 days of receipt of the proposed small system variance.
The Administrator must notify the Director in writing of each basis for the
objection and propose a modification to the small system variance to
resolve the concerns of the Administrator. The Director must make the
recommended modification, respond in writing to each objection, or
withdraw the proposal to grant the small system variance.
(c)
If the Director issues the small system variance without resolving the
concerns of the Administrator, the Administrator may overturn the decision
to grant the variance if the Administrator determines that the Director’s
decision does not comply with the Safe Drinking Water Act or this rule.
(12)
What EPA action is necessary when the Director proposes to grant a small system
variance to a public water system serving a population of more than 3,300 and
fewer than 10,000 persons?
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107
(a)
At the time the Director proposes to grant a small system variance to a
public water system serving a population of more than 3,300 and fewer than
10,000 persons, the Director must submit the proposed small system
variance and all supporting information, including public comments
received prior to proposal, to the Administrator.
(b)
The Administrator must approve or disapprove the small system variance
within 90 days of receipt of the proposed small system variance and
supporting information. The Administrator must approve the small system
variance if it meets each requirement within the Act and this rule.
(c)
If the Administrator disapproves the small system variance, the
Administrator must notify the Director in writing of the reasons for
disapproval and the small system variance does not become effective. The
Director may resubmit the small system variance for review and approval
with modifications to address the objections stated by the Administrator.
15.1.2 Exemptions Pursuant to Section 1416 of the Safe Drinking Water Act
(a)
Exemptions may be granted by the Director from any requirement
respecting a maximum contaminant level or any treatment technique
requirement, or from both, of an applicable national primary drinking water
regulation upon a finding that:
(1)
due to compelling factors (which may include economic factors,
including qualification of the public water system as a system
serving a disadvantaged community), the public water system is
unable to comply with such contaminant level or treatment technique
requirement or to implement measures to develop an alternative
source of water supply;
(2)
the public water system was in operation on the effective date of
such contaminant level or treatment technique requirement or for a
system that was not in operation by that date, only if no reasonable
alternative source of drinking water is available to such new system;
(3)
the granting of the exemption will not result in an unreasonable risk
to health; and
(4)
management or restructuring changes (or both) cannot reasonably be
made that will result in compliance or, if compliance cannot be
achieved, improve the quality of the drinking water.
(b)
If the Director grants a public water system an exemption under subsection
(a), the exemption shall include a schedule which includes the items listed
Section “E”: General Requirements
108
in this paragraph. Before a schedule prescribed by the Director pursuant to
this subsection may take effect, the Director shall provide notice and
opportunity for a public hearing on the schedule.
(1)
Director shall prescribe, at the time the exemption is granted, a schedule
for:
(A)
compliance (including increments of progress or measures to
develop an alternative source of water supply) by the public water
system with each contaminant level requirement or treatment
technique requirement with respect to which the exemption was
granted, and
(B)
implementation by the public water system of such control measures
as the Director may require for each contaminant, subject to such
contaminant level requirement or treatment technique requirement,
during the period ending on the date compliance with such
requirement is required.
(2)
A schedule prescribed pursuant to this subsection for a public water system
granted an exemption under subsection (a) shall require the following:
(A)
compliance by the system with each contaminant level and treatment
technique requirement with respect to which the exemption was
granted as expeditiously as practicable but not later than 3 years after
the otherwise applicable compliance date.
(B)
No exemption shall be granted unless the public water system
establishes that:
(i)
the system cannot meet the standard without capital
improvements which cannot be completed prior to the
otherwise applicable compliance date;
(ii)
in the case of a system which needs financial assistance for
the necessary improvements, the system has entered into an
agreement to obtain such financial assistance or assistance is
reasonably likely to be available within the period of the
exemption; or
(iii)
the system has entered into an enforceable agreement to
become a part of a regional public water system; and the
system is taking all practicable steps to meet the standard.
Section “E”: General Requirements
109
(C)
In the case of a system which does not serve more than a population
of 3,300 and which needs financial assistance for the necessary
improvements, an exemption granted under clause (i) or (ii) of
subparagraph (B) may be renewed for one or more additional 2-year
periods, but not to exceed a total of 6 years, if the system establishes
that it is taking all practicable steps to meet the requirements of
subparagraph (B).
(D)
Limitation - A public water system may not receive an exemption
under this section if the system was granted a variance under section
15.1.1.
(3)
Each public water system’s exemption granted by the Director under
subsection (a) shall be conditioned upon compliance by the public water
system with the schedule prescribed pursuant to this subsection.
(c)
The Director shall promptly notify the Administrator of the granting of all
exemptions. Such notification shall contain the reasons for the exemption and
document the need for the exemption.
(d)
The Director must document all findings that are required under Section 1416 of
the Act:
(1)
Before finding that management and restructuring changes cannot be made,
the Director must consider the following measures, and the availability of
State Revolving Loan Fund assistance, or any other Federal or State
program, that is reasonably likely to be available within the period of the
exemption to implement these measures:
(A)
Consideration of rate increases, accounting changes, the
appointment of a State-certified operator under the State’s Operator
Certification program, contractual agreements for joint operation
with one or more public water systems;
(B)
Activities consistent with the State’s Capacity Development Strategy
to help the public water system acquire and maintain technical,
financial, and managerial capacity to come into compliance; and
(C)
Ownership changes, physical consolidation with another public water
system, or other feasible and appropriate means of consolidation
which would result in compliance;
(2)
The Director must consider the availability of an alternative source of water,
including the feasibility of partnerships with neighboring public water
Section “E”: General Requirements
110
systems, as identified by the public water system or by the Director
consistent with the Capacity Development Strategy.
15.2
Variances or exemptions from MCL (Maximum Contaminant Level) to total coliforms or
from any of the treatment technique requirements of Section 5 contained herein will not
be granted.
15.2.1 Exceptions to section 15.2 with respect to the MCL for total coliforms can be
granted if the system can demonstrate to the Director that:
A.
the violation of the total coliform MCL is due to a persistent growth of total
coliforms in the distribution system;
B.
no fecal or pathogenic contamination exists;
C.
no treatment lapse or deficiency has occurred;
D.
no problem in the operation or maintenance of the distribution system
exists.
15.3
Variances and Exemptions from the maximum contaminant levels for organic and
inorganic contaminants and the treatment technique for lead and copper.
a)
Community water systems and non-transient, non-community water systems shall
be required to install and/or use any treatment method identified in 16.1 (t) and
16.2 c) as a condition for granting a variance except as provided in paragraph
15.3(a)(1) of this section. If, after the systems's installation of the treatment
method, the system cannot meet the MCL, that system shall be eligible for a
variance.
1)
If a system can demonstrate through comprehensive engineering
assessments, which may include pilot plant studies, that the treatment
methods identified in 16.1 (t) and 16.2 c) would only achieve a de minimis
reduction in contaminants, the Director may issue a schedule of compliance
that requires the system being granted the variance to examine other
treatment methods as a condition of obtaining the variance.
2)
If the Director determines that a treatment method identified in paragraph
15.3(a)(1) of this section is technically feasible, the system will be required
to install and/or use that treatment method in connection with a compliance
schedule. The Director's determination shall be based upon studies by the
system and other relevant information.
15.4
In addition to the requirements of 15.3, a public water system may be required to use
bottled water, point-of-use devices, point-of-entry devices or other means as a condition
of granting a variance or an exemption to avoid an unreasonable risk to health.
The Director may require a public water system to use bottled water and point-of-use
devices or other means, but not point-of-entry devices, as a condition for granting an
Section “E”: General Requirements
111
exemption from corrosion control treatment requirements for lead and copper in section
6.81 and 6.82 to avoid an unreasonable risk to health. The Director may require a public
water system to use point-of-entry devices as a condition for granting an exemption for
the source water and lead service line replacement requirements for lead and copper under
section 6.83 or 6.84 to avoid an unreasonable risk to health.
(a)
Public water systems that use bottled water as a condition for receiving a variance
or an exemption from the requirements of section 16.2(a) and (b) and 16.1 or an
exemption from the requirements of 6.81-6.84 must use bottled water that is
approved by the Director.
(b)
In requiring the use of a point-of-entry device as a condition for granting an
exemption from the treatment requirements for lead and copper under section 6.83
or 6.84, the Director must be assured that use of the device will not cause
increased corrosion of lead and copper bearing materials located between the
device and the tap that could increase contaminant levels at the tap.
15.5
At the discretion of the Director, nitrate levels not to exceed 20 mg/l may be allowed in a
non-community water system if the supplier of water demonstrates to the satisfaction of
the Director that:
(a)
Such water will not be available to children under 6 months of age; and
(b)
There will be continuous posting of the fact that nitrate levels exceed 10 mg/l and
the potential health effects of exposure; and
(c)
Local and state public health authorities will be notified annually of nitrate levels
that exceed 10 mg/l; and
(d)
No adverse health effects shall result.
October 25, 2001
DWQ-general requiremts-section e-refiling-jan02.doc
Section “F”: Community Water Systems
112
Section 16.0 Community Water System Requirements
16.1
Inorganic Chemicals
Maximum Contaminant Levels (MCLs) For Certain Inorganic Chemicals
Contaminant
MCL (mg/l)
(1)
Fluoride
4.0
(2)
Asbestos
7 million Fibers/liter longer than 10
um)
(3)
Barium
2
(4)
Cadium
0.005
(5)
Chromium
0.1
(6)
Mercury
0.002
(7)
Nitrate
10 (as Nitrogen)
(8)
Nitrite
1 (as Nitrogen)
(9)
Total Nitrate and Nitrite
10 (as Nitrogen)
(10)
Selenium
0.05
(11)
Antimony
0.006
(12)
Beryllium
0.004
(13)
Cyanide (as free
Cyanide)
0.2
(14)
Nickel
0.1
(15)
Thallium
0.002
a)
Community water systems shall conduct monitoring to determine compliance with the
MCLs specified in this section. Monitoring shall be conducted as follows:
(1)
Groundwater systems shall take a minimum of one sample at every entry point to
the distribution system which is representative of each well after treatment
(hereafter called a sampling point) beginning in the initial compliance period. The
system shall take each sample at the same sampling point unless conditions make
another sampling point more representative of each source or treatment plant.
Section “F”: Community Water Systems
113
(2)
Surface water systems shall take a minimum of one sample at every entry point to
the distribution system after any application of treatment or in the distribution
system at a point which is representative of each source after treatment (hereafter
called a sampling point) beginning in the initial compliance period. The system
shall take each sample at the same sampling point unless conditions make another
sampling point more representative of each source or treatment plant.
Note: For purpose of this paragraph, surface water systems include systems with a
combination of surface and ground sources.
(3)
If a system draws water from more than one source and the sources are combined
before distribution, the system must sample at an entry point to the distribution
system during periods of normal operating conditions (i.e., when water is
representative of all sources being used).
(4)
The Director may reduce the total number of samples which must be analyzed by
allowing the use of compositing. Composite samples from a maximum of five
samples are allowed, provided that the detection limit of the method used for
analysis is less than one-fifth of the MCL. Compositing of samples must be done in
the laboratory.
(i)
If the concentration in the composite sample is greater than or equal to one-
fifth of the MCL of any inorganic chemical, then a follow-up sample must
be taken within 14 days at each sampling point included in the composite.
These samples must be analyzed for the contaminants which exceeded one-
fifth of the MCL in the composite sample. Detection limits for each
analytical method are found in Appendix 1.
(ii)
If the population served by the system is > 3,300 persons, then compositing
may only be permitted by the Director at sampling points within a single
system. In systems serving < 3,300 persons, the Director may permit
compositing among different systems provided the 5-sample limit is
maintained.
(iii)
If duplicates of the original sample taken from each sampling point used in
the composite are available, the system may use these instead of
resampling. The duplicates must be analyzed and the results reported to the
State within 14 days of collection.
(5)
The frequency of monitoring for asbestos shall be in accordance with 16.1 (b); the
frequency of monitoring for antimony, barium beryllium, cadmium, chromium,
cyanide, fluoride, mercury, nickel, selenium and thallium shall be in accordance
with 16.1 (c); the frequency of monitoring for nitrate shall be in accordance with
16.1(d); and the frequency of monitoring for nitrite shall be in accordance with
16.1(e).
(b)
The frequency of monitoring conducted to determine compliance with the maximum
contaminant level for asbestos shall be conducted as follows:
(1)
Each community and non-transient, non-community water system is required to
monitor for asbestos during the first three-year compliance period of each nine-
year compliance cycle beginning in the compliance period starting January 1, 1993.
(2)
If the system believes it is not vulnerable to either asbestos contamination in its
source water or due to corrosion of asbestos-cement pipe, or both, it may apply to
the Director for a waiver of the monitoring requirement in paragraph (b)(1) of t his
section. If the Director grants the waiver, the system is not required to monitor.
(3)
The Director may grant a waiver based on a consideration of the following factors:
Section “F”: Community Water Systems
114
(i)
Potential asbestos contamination of the water source, and
(ii)
The use of asbestos-cement pipe for finished water distribution and the
corrosive nature of the water.
(4)
A waiver remains in effect until the completion of the three-year compliance
period. Systems not receiving a waiver must monitor in accordance with the
provisions of paragraph (b)(1) of this section.
(5)
A system vulnerable to asbestos contamination due solely to corrosion of asbestos-
cement pipe shall take one sample at a tap served by asbestos-cement pipe and
under conditions where asbestos contamination is most likely to occur.
(6)
A system vulnerable to asbestos contamination due solely to source water shall
monitor in accordance with the provision of 16.1(a) of this section.
(7)
A system vulnerable to asbestos contamination due both to its source water supply
and corrosion of asbestos-cement pipe shall take one sample at a tap served by
asbestos-cement pipe and under conditions where asbestos contamination is most
likely to occur.
(8)
A system which exceeds the maximum contaminant levels shall monitor quarterly
beginning in the next quarter after the violation occurred.
(9)
The Director may decrease the quarterly monitoring requirement to the frequency
specified in paragraph (b) (1) of this section provided the Director has determined
that the system is reliably and consistently below the maximum contaminant level.
In no case can the Director make this determination unless a groundwater system
takes a minimum of two quarterly samples and a surface (or combined
surface/ground) water system take a minimum of four quarterly samples.
(10)
If monitoring data collected after January 1, 1990 are generally consistent with the
requirements of App. 1 then the Director may allow systems to use that data to
satisfy the monitoring requirement for the initial compliance period beginning
January 1, 1993.
(c)
The frequency of monitoring conducted to determine compliance with the maximum
contaminant levels in 16.1 for antimony, barium, beryllium, cadmium, chromium,
cynanide, fluoride, mercury, nickel, thallium and selenium shall be as follows:
(1)
Groundwater systems shall take one sample at each sampling point during each
compliance period. Surface water systems (or combines surface/ground) shall take
one sample annually at each sampling point.
Section “F”: Community Water Systems
115
(2)
The system may apply to the Director for a waiver from the monitoring frequencies
specified in paragraph (c) (1) of this section. The Director may grant a public water
system a waiver for monitoring of cyanide, provided that the State determines that
the system is not vulnerable due to lack of any industrial source of cyanide.
(3)
A condition of the waiver shall require that a system shall take a minimum of one
sample while the waiver is effective. The term during which the waiver is effective
shall not exceed one compliance cycle (i.e., nine years).
(4)
The Director may grant a waiver provided surface water systems have monitored
annually for at least three years and groundwater systems have conducted a
minimum of three rounds of monitoring. (At least one sample shall have been
taken since January 1, 1990). Both surface and groundwater systems shall
demonstrate that all previous analytical results were less than the maximum
contaminant level. Systems that use a new water source are not eligible for a
waiver until three rounds of monitoring from the new source have been completed.
(5)
In determining the appropriate reduced monitoring frequency, the Director shall
consider:
(i)
Reported concentrations from all previous monitoring;
(ii)
The degree of variation in reported concentrations; and
(iii)
Other factors which may affect contaminant concentration such as changes
in groundwater pumping rates, changes in the system's configuration,
changes in the system's operating procedures, or changes in stream flows or
characteristics.
(6)
A decision by the Director to grant a waiver shall be made in writing and shall set
forth the basis for the determination. The determination may be initiated by the
Director or upon an application by the public water system. The public water
system shall specify the basis for its request. The Director shall review and, where
appropriate, revise its determination of the appropriate monitoring frequency when
the system submits new monitoring data or when other data relevant to the system's
appropriate monitoring frequency become available.
(7)
Systems which exceed the maximum contaminant levels as calculated in 16.1 (I) of
this section shall monitor quarterly beginning in the next quarter after the violation
occurred.
(8)
The Director may decrease the quarterly monitoring requirement to the frequencies
specified in paragraph (c)(1) and (c)(2) of this section provided it has determined
that the system is reliably and consistently below the maximum contaminant level.
In no case can a Director make this determination unless a groundwater system
Section “F”: Community Water Systems
116
takes a minimum of two quarterly samples and a surface water system take a
minimum of four quarterly samples.
(d)
All public water systems (community; non-transient, non-community; and transient, non-
community systems) shall monitor to determine compliance with the maximum
contaminant level for nitrate in section 16.1.
(1)
Community and non-transient, non-community water systems served by
groundwater systems shall monitor annually; systems served by surface water shall
monitor quarterly beginning January 1, 1993.
(2)
For community and non-transient, non-community water systems, the repeat
monitoring frequency for groundwater systems shall be quarterly for at least one
year following any one sample in which the concentration is greater than or equal to
50 percent of the MCL. The Director may allow a groundwater system to reduce
the sampling frequency to annually after four consecutive quarterly samples are
reliably and consistently less than the MCL.
(3)
For community and non-transient, non-community water systems, the Director may
allow a surface water system to reduce the sampling frequency to annually if all
analytical results from four consecutive quarters are < 50 percent of the MCL. A
surface water system shall return to quarterly monitoring if any sample is greater
than or equal to 50 percent of the MCL.
(4)
After the initial round of quarterly sampling is completed, each community and
non-transient non-community system which is monitoring annually shall take
subsequent samples during the quarter(s) which previously resulted in the highest
analytical result.
(e)
All public water systems (community; non-transient, non-community; and transient, non-
community systems) shall monitor to determine compliance with the maximum
contaminant level for nitrite.
(1)
All public water systems shall take a minimum of one sample at each sampling
point in each compliance period.
(2)
After the initial sample, systems where an analytical result for nitrite is < 50
percent of the MCL shall monitor at the frequency specified by the Director.
(3)
For community, non-transient, non-community, and transient non-community water
systems, the repeat monitoring frequency for any water system shall be quarterly
for at least one year following any one sample in which the concentration is > 50
percent of the MCL. The Director may allow a system to reduce the sampling
frequency to annually after determining the system is reliably and consistently less
than the MCL.
Section “F”: Community Water Systems
117
(4)
Systems which are monitoring annually shall take each subsequent sample during
the quarter(s) which previously resulted in the highest analytical result.
(f)
Confirmation Samples:
(1)
Where the results of sampling for asbestos, antimony, barium, beryllium, c admium,
chromium, cyanide, fluoride, mercury, nickel, selenium or thallium indicate an
exceeding of the maximum contaminant level, the Director may require that one
additional sample be collected as soon as possible after the initial sample was taken
(but not to exceed two weeks) at the same sampling point.
(2)
Where nitrate or nitrite sampling results indicate an exceeding of the maximum
contaminant level, the system shall take a confirmation sample within 24 hours of
the system's receipt of notification of the analytical results of the first sample.
Systems unable to comply with the 24-hour sampling requirement must
immediately notify the consumers served by the area served by the public water
system in accordance with 16.8 or 17.6. Systems exercising t his option must take
and analyze a confirmation sample within two weeks of notification of the
analytical results of the first sample.
(3)
If a required confirmation sample is taken for any contaminant, then the results of
the initial and confirmation sample shall be averaged. The resulting average shall be
used to determine the system's compliance in accordance with paragraph (I) of this
section. The Director has the discretion to delete results of obvious sampling
errors.
(g)
The Director may require more frequent monitoring than specified in paragraphs (b), (c),
(d) and (e) of this section or may require confirmation samples for positive and negative
results at its discretion.
(h)
Systems may apply to the Director to conduct more frequent monitoring than the minimum
monitoring frequencies specified in this section.
(i)
Compliance with 16.1 shall be determined based on the analytical result(s) obtained
at each sampling point.
(1)
For systems which are conducting monitoring at a frequency greater than annual,
compliance with the maximum contaminant levels for antimony, asbestos, barium,
beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium or
thallium is determined by a running annual average at any sampling point. If the
average at any sampling point is greater than the MCL, then the system is out of
compliance. If any one sample would cause the annual average to be exceeded, then
the system is out of compliance immediately. Any sample below the method
Section “F”: Community Water Systems
118
detection limit shall be c alculated at zero for the purpose of determining the annual
average.
(2)
For systems which are monitoring annually, or less frequently, the system is out of
compliance with the maximum contaminant levels for asbestos, antimony, barium,
beryllium, cadmium, chromium, cyanide, fluoride, mercury, nickel, selenium or
thallium if the level of a contaminant at any sampling point is greater than the MCL.
If a confirmation sample is required by the Director, the determination of
compliance will be based on the average of the two samples.
(3)
Compliance with the maximum contaminant levels for nitrate and nitrite is
determined based on one sample if the levels of these contaminants are below the
MCLs. If the levels of nitrate and/or nitrite exceed the MCLs in the initial sample,
a confirmation sample is required in accordance with paragraph (f)(2) of this
section, and compliance shall be determined based on the average of the initial and
confirmation samples.
(j)
Sample collection and analyses for the purpose of determining compliance with arsenic
shall be conducted using the requirements specified in Appendix 1.
(1)
Analyses for all community water systems utilizing surface water sources shall be
repeated at yearly intervals.
(2)
Analyses for all community water systems utilizing only ground water sources shall
be repeated at three-year intervals.
(3)
The Director has the authority to determine compliance or initiate enforcement
action based upon analytical results and other information compiled by their
sanctioned representatives and agencies.
(4)
The maximum contaminant level for arsenic is 0.05 mg/l and applies to community
water systems only.
(k)
If the result of an analysis made under paragraph (j) of this section indicates that the
arsenic concentration exceeds the maximum contaminant level, the supplier of the water
shall report to the Director within 7 days and initiate three additional analyses at the same
sampling point within one month.
(l)
When the average of four analyses made pursuant to paragraph (k) of this section, rounded
to the same number of significant figures as the maximum contaminant level for arsenic
exceeds the maximum contaminant level, the supplier of water shall notify the Director
pursuant to 11.2 and give notice to the public pursuant to 16.8. Monitoring after public
notification shall be at a frequency designated by the Director and shall continue until the
maximum contaminant level has not been exceeded in two successive samples or until a
Section “F”: Community Water Systems
119
monitoring schedule as a condition to a variance, exemption or enforcement action shall
become effective.
(m)
Reserved
(n)
Reserved
(o)
If a public water system has a distribution system separable from other parts of the
distribution system with no interconnections, the Director may allow the system to give
public notice to only the area served by that portion of the system which is out of
compliance.
(p)
Each public water system shall monitor at the time designated by the Director during each
compliance period.
(q)
Mechanical Fluoride Adjustment - Monitoring Frequency and Reporting Requirements
i)
For each source where the fluoride concentration is mechanically adjusted, a
fluoride determination of the treated water shall be made and recorded daily by the
water purveyor. Fluoride analysis shall be conducted in accordance with Appendix
1. Results shall be reported monthly to the Director within ten (10) days after the
end of the month.
ii)
Failure to comply with the requirements of this paragraph (q) is not subject to the
public notice requirements of section 16.8.
(r)
Monitoring Protocol for Sodium
Each community system will sample each of its active sources at the entry point of the
source into the distribution system, following any treatment provided to one or more
sources of water, as follows:
Surface water sources shall be sampled during the months of January, February, and March
of each calendar year:
Six consecutive biweekly samples may be composited into a single sample. Compositing
must be done at the laboratory. (Groundwater sources, shall be sampled annually during
the months of March or April.
Samples shall be analyzed for sodium. Results shall be reported to the Director within ten
(10) days after determination. when the result of any sample equals or exceeds a sodium
level of 100 mg/l, measured as sodium, the water purveyor shall initiate a public notice
within fourteen (14) days in a manner approved by the Director.
Section “F”: Community Water Systems
120
(s)
Analytical Techniques - Inorganic chemical analyses shall be made in accordance with
Appendix 1 of these regulations.
(t)
BAT for Inorganic Contaminants
The following are hereby identified as the best technology, treatment technique, or other
means available for achieving compliance with the maximum contaminant level for
inorganic contaminants identified in this section, except fluoride:
BAT For Inorganic Contaminants
CHEMICAL NAME
BAT(S)
Antimony
2,7
Asbestos
2,3,8
Barium
5,6,7,9
Beryllium
1,2,5,6,7
Cadmium
2,5,6,7
Chromium
2,5,62,7
Cyanide
5,7,10
Mercury
21,4,61,71
Nickel
5,6,7
Nitrate
5,7,9
Nitrite
5,7
Selenium
1,23,6,7,9
Thallium
1,5
BAT only if influent Hg concentrations <10µg/1.
2BAT for Chromiuym III only.
3BAT for Selenium IV only.
Key to BATS in Table
1=Activated Alumina
2=Coagulation/Filtration (not BAT for systems <500 service connections)
3=Direct and Diatomite Filtration
4=Granular Activated Carbon
5=Ion Exchange
6=Lime Softening (not BAT for systems <500 service connections)
7=Reverse Osmosis
8=Corrosion Control
9=Electrodialysis
Section “F”: Community Water Systems
121
10=Chlorine
11=Ultraviolet
16.2
Organic Chemicals
(a)
Maximum contaminant levels for organic contaminants
Contaminant
MCL (mg/l)
Alachlor
0.002
Aldicarb
reserved
Aldicarb sulfoxide
reserved
Aldicarb sulfone
reserved
Altrazine
0.003
Carbofuran
0.04
Chlordane
0.002
Dibromochloropropane
0.0002
2,4-D
0.07
Ethylene dibromide
0.00005
Heptachlor
0.0004
Heptachlor epoxide
0.0002
Lindane
0.0002
Methoxychlor
0.04
Polychlorinated biphenyls
0.0005
Pentachlorophenol
0.001
Toxaphene
0.003
2,4,5-TP
0.05
Benzo[a]pyrene
0.0002
Dalapon
0.2
Di(2-ethylhexyl) adipate
0.4
Di(2-ethylhexyl) phthalate
0.006
Dinoseb
0.007
Diquat
0.02
Endothall
0.1
Section “F”: Community Water Systems
122
Contaminant
MCL (mg/l)
Endrin
0.002
Glyphosate
0.7
Hexacholorbenzene
0.001
Hexachlorocyclopentadiene
0.05
Oxamyl (Vydate)
0.2
Piclioram
0.5
Simazine
0.004
2,3,7,8-TCDD (Dioxin)
3x10-8
Total Trihalomethanes
0.1
(the sum of the concentrations of bromodichloromethane, dibromochloromethane,
tribromomethane (bromoform) and trichloromethane (chloroform))
Analysis of the contaminants listed in 16.2 (a) for the purposes of determining compliance
with the maximum contaminant level shall be conducted as follows except that monitoring
for the contaminants aldicarb, aldicarb sulfoxide, and aldicarb sulfone shall be conducted
in accordance with section 16.7:
(1)
Groundwater systems shall take a minimum of one sample at every entry point to
the distribution system which is representative of each well after treatment
(hereafter called a sampling point). Each sample must be taken at the same
sampling point unless conditions make another sampling point more representative
of each source or treatment plant.
(2)
Surface water systems shall take a minimum of one sample at points in the
distribution system that are representative of each source or at each entry point to
the distribution system after treatment (hereafter called a sampling point.) Each
sample must be taken at the same sampling point unless conditions make another
sampling point more representative of each source or treatment plant.
Note: For purposes of this paragraph, surface water systems include systems with a
combination of surface and ground sources.
(3)
If the system draws water from more than one source and the sources are combined
before distribution, the system must sample at an entry point to the distribution
system during periods of normal operating conditions (i.e., when water
representative of all sources if being used).
(4)
Monitoring frequency:
Section “F”: Community Water Systems
123
(i)
Each community and non-transient non-community water system shall take
four consecutive quarterly samples for each contaminant listed in 16.2 (a)
during each compliance period beginning with the initial compliance period.
(ii)
Systems serving more than 3,300 persons which do not detect a contaminant
in the initial compliance period may reduce the sampling frequency to a
minimum of two quarterly samples in one year during each repeat
compliance period.
(iii)
Systems serving less than or equal to 3,300 persons which do not detect a
contaminant in the initial compliance period may reduce the sampling
frequency to a minimum of one sample during each repeat compliance
period.
(5)
Each community and non-transient non-community water system may apply to the
Director for a waiver from the requirement of paragraph (h) (4) of this section. A
system must reapply for a waiver for each compliance period.
(6)
The Director may grant a waiver after evaluating the following factor(s):
Knowledge of previous use (including transport, storage, or disposal) of the
contaminant within the watershed or zone of influence of the system. If a
determination by the Director reveals no previous use of the contaminant within the
watershed or zone of influence, a waiver may be granted. If previous use of the
contaminant is unknown or it has been used previously, then the following factors
shall be used to determine whether a waiver is granted.
(i)
Previous analytical results.
(ii)
The proximity of the system to a potential point or non-point source of
contamination. Point sources include spills and leaks of chemicals at or
near a water treatment facility or at manufacturing, distribution, or storage
facilities, or from hazardous and municipal waste landfills and other waste
handling or treatment facilities. Non-point sources include the use of
pesticides to control insect and weed pests on agricultural areas, forest
lands, home and gardens, and other land application uses.
(iii)
The environmental persistence and transport of the pesticide or PCBs.
(iv)
How well the water source is protected against contamination due to such
factors as depth of the well and the type of soil and the integrity of the well
casing.
(v)
Elevated nitrate levels at the water supply source.
Section “F”: Community Water Systems
124
(vi)
Use of PCBs in equipment used in the production, storage, or distribution
of water (i.e., PCBs used in pumps, transformers, etc.).
(7)
If an organic contaminant listed in 16.2 (a) is detected (as defined by paragraph (a)
(18) of this section) in any sample, then:
(i)
Each system must monitor quarterly at each sampling point which resulted
in a detection.
(ii)
The Director may decrease the quarterly monitoring requirement specified
in paragraph (a) (7) (I) of this section provided it has determined that the
system is reliably and consistently below the maximum contaminant level.
In no case shall the Director make this determination unless a groundwater
system takes a minimum of two quarterly samples and a surface water
system takes a minimum of four quarterly samples.
(iii)
After the Director determines the system is reliably and consistently below
the maximum contaminant level the Director may allow the system to
monitor annually. Systems which monitor annually must monitor during the
quarter that previously yielded the highest analytical result.
(iv)
Systems which have 3 consecutive annual samples with no detection of a
contaminant may apply to the Director for a waiver as specified in paragraph
(a) (6) of this section.
(v)
If monitoring results in detection of one or more of certain related
contaminants (aldicarb, aldicarb sulfone, aldicarb sulfoxide and heptachlor,
heptachlor epoxide), than subsequent monitoring shall analyze for all related
contaminants.
(8)
Systems which violate the requirements of 16.2 (a) as determined by paragraph (a)
(11) of this section must monitor quarterly. After a minimum of four quarterly
samples show the system is in compliance and the Director determines the system
is reliably and consistently below the MCL, as specified in paragraph (a) (11) of
this section, the system shall monitor at the frequency specified in paragraph (a)
(7) (iii) of this section.
(9)
The Director may require a confirmation sample for positive or negative results. If
a confirmation sample is required by the Director, the result must be averaged with
the first sampling result and the average used for the compliance determination as
specified by paragraph (a) (11) of this section. The Director has discretion to
delete results of obvious sampling errors from this calculation.
Section “F”: Community Water Systems
125
(10)
The Director may reduce the total number of samples a system must analyze by
allowing the use of compositing. Composite samples from a maximum of five
sampling points are allowed, provided that the detection limit of the method used
for analysis is less than one-fifth of the MCL. Compositing of samples must be
done in the laboratory and analyzed within 14 days of sample collection.
(i)
If the concentration in the composite sample is greater than or equal to
0.0005 mg/l for any contaminant listed in section 16.2(a), then a follow-up
sample must be taken within 14 days at each sampling point included in the
composite and be analyzed for that contaminant.
(ii)
If duplicates of the original sample taken from each sampling point used in
the composite are available, the system may use these duplicates instead of
resampling. The duplicate must be analyzed and the results reported to the
Director within 14 days of collection.
(iii)
If the population served by the system is > 3,300 persons, then compositing
may only be permitted by the Director at sampling points within a single
system. In systems serving less than or equal to 3,300 persons, the Director
may permit compositing among different systems provided the 5-sample
limit is maintained.
(11)
Compliance with 16.2 (a) shall be determined based on the analytical results
obtained at each sampling point.
(i)
For systems which are conducting monitoring at a frequency greater than
annual, compliance is determined by a running annual average of all samples
taken at each sampling point. If the annual average of any sampling point is
greater than the MCL, then the system is out of compliance. If the initial
sample or a subsequent sample would cause the annual average to be
exceeded, then the system is out of compliance immediately. Any samples
below the detection limit shall be calculated as zero for purposes of
determining the annual average.
(ii)
If monitoring is conducted annually, or less frequently, the system is out of
compliance if the level of a contaminant at any sampling point is greater
than the MCL. If a confirmation sample is required by the Director, the
determination of compliance will be based on the average of two samples.
(iii)
If a public water system has a distribution system separable from other parts
of the distribution system with no interconnections, the Director may allow
the system to give public notice to only that portion of the system which is
out of compliance.
Section “F”: Community Water Systems
126
(12)
Analysis for the contaminants listed in 16.2 (a) shall be conducted using the EPA
methods or their equivalent as approved by EPA and as described in Appendix 1.
(13)
If monitoring data collected after January 1, 1990, are generally consistent with the
requirements of 16.2 (a) then the Director may allow systems to use that data to
satisfy the monitoring requirement for the initial compliance period.
(14)
The Director may increase the required monitoring frequency, where necessary, to
detect variations within the system (e.g., fluctuations in concentration due to
seasonal use, changes in water source).
(15)
The Director has the authority to determine compliance or initiate enforcement
action based upon analytical results and other information compiled by their
sanctioned representatives and agencies.
(16)
Each public water system shall monitor at the time designated by the Director
within each compliance period.
(17)
Detection as used in this paragraph shall be defined as greater than or equal to the
following concentrations for each contaminant.
Section “F”: Community Water Systems
127
Contaminant
Detection limit (mg/l)
Alachlor
0.0002
Aldicarb
.0005
Aldicarb sulfoxide
.0005
Aldicarb sulfone
.0008
Atrazine
.0001
.
Benzo[a]pyrene
.00002
Carbofuran
.0009
Chlordane
.0002
Dalapon
.001
Dibromochloropropane (DBCP)
.00002
Di (2-ethylhexyl) adipate
.0006
Di (2-ethylhexyl) phthalate
.0006
Dinoseb
.0002
Diquat
.0004
2,4-D
.0001
Endothall
.009
Endrin
.00001
Ethylene dibromide (EDB)
.00001
Glyphosate
.006
Heptachlor
.00004
Heptachlor epoxide
.00002
Hexachlorobenzene
.0001
Hexachlorocyclopentadiene
.0001
Lindane
.00002
Methoxychlor
.0001
Oxamyl
.002
Picloram
.0001
Polychlorinated biphenyis (PCBs) (as
decachlorobiphenyl)
.0001
Pentachlorophenol
.00004
Simazine
.00007
Toxaphene
.001
2,3,7,8-TCDD (Dixon)
.000000005
2,4,5-TP (Silvex)
.0002
(18)
Notwithstanding paragraphs (1) through (17) of this section, monitoring for endrin
and total trihalomethanes shall be as stipulated here.
Monitoring Frequency - Each active drinking water source maintained by a water
purveyor shall be analyzed or, endrin at least once every three (3) years.
Water systems which practice disinfection of the water shall be monitored for total
trihalomethanes.
Section “F”: Community Water Systems
128
Water systems serving less than 10,000 people shall be monitored for total
trihalomethanes at the discretion of the Director. Water systems serving at least
10,000 people shall be monitored in the following manner:
i)
a minimum of four (4) samples per quarter per treatment plant collected on
the same day shall be analyzed. Twenty-five percent (25%) of the samples
shall reflect maximum storage time of the water in the distribution system
while seventy-five (75%) percent shall be collected at representative points
in the system. The results of all samples analyzed in any calendar quarter
shall be averaged;
ii)
compliance with the maximum contaminant level for total trihalomethanes
shall be based on the average of the findings in any four (4) consecutive
calendar quarters. Based on a history of low trihalomethanes, the Director
may grant a reduction in monitoring frequency to one sample per treatment
plant per quarter collected at a point which reflects maximum storage time
of the water in the distribution system;
iii)
additional monitoring shall be required whenever there is reason to believe
an organic chemical maximum contaminant level is or may be exceeded.
(19)
Analytical Techniques - Trihalomethane analyses shall be made in accordance with
Appendix 1.
16.2 (b)
Volatile Organic Chemicals
Section “F”: Community Water Systems
129
Maximum contaminant levels for certain volatile organic chemicals:
Contaminant
MCL (mg/l)
(1) Vinyl Chloride
0.002
(2) Benzene
0.005
(3) Carbon Tetrachloride
0.005
(4) 1,2-Dichloroethane
0.005
(5) Trichloroethylene
0.005
(6) p-Dichlorobenzene
0.075
(7) 1,1-Dichloroethylene
0.007
(8) 1,1,1-Trichloroethane
0.2
(9) cis-1,2-Dichloroethylene
0.07
(10) 1,2-Dichloropropane
0.005
(11) Ethylbenzene
0.7
(12) Monochlorobenzene
0.1
(13) o-Dichlorobenzene
0.6
(14) Styrene
0.1
(15) Tetrachloroethylene
0.005
(16) Toluene
1
(17) trans-1,2-Dichloroethylene
0.1
(18) Xylenes (total)
10
(19) Dichloromethane
0.005
(20)
1,2,4-Trichlorobenzene
.07
(21)
1,1,2-Trichloroethane
.005
Section “F”: Community Water Systems
130
Beginning with the initial compliance period, analysis of the contaminants listed in 16.2 (b) (1)
through (21) for the purpose of determining compliance with the maximum contaminant level
shall be conducted as follows:
(22)
Groundwater systems shall take a minimum of one sample at every entry point to
the distribution system which is representative of each well after treatment
(hereafter called a sampling point). Each sample must be taken at the same
sampling point unless conditions make another sampling point more representative
of each source, treatment plant, or within the distribution system.
(23)
Surface water systems (or combined surface/ground) shall take a minimum of one
sample at points in the distribution system that are representative of each source or
at each entry point to the distribution system after treatment (hereafter called a
sampling point). Each sample must be taken at the same sampling point unless
conditions make another sampling point more representative of each source,
treatment plant, or within the distribution system.
(24)
If the system draws water from more than one source and the sources are combined
before distribution, the system must sample at an entry point to the distribution
system during periods of normal operating conditions (i.e., when water
representative of all sources if being used).
(25)
Each community and non-transient non-community water system shall take four
consecutive quarterly samples for each contaminant listed in 16.2 (b) (2) through
(21) during each compliance period, beginning in the initial compliance period.
(26)
If the initial monitoring for contaminants listed in 16.2 (b) (1) through (8) and the
monitoring for the contaminants listed in 16.2 (b) (9) through (21) as allowed in
paragraph 16.2 (b) (37) has been completed by December 31, 1992, and the system
did not detect any contaminant listed in 16.2 (b) (1) through (21), than each ground
and surface water system shall take one sample annually beginning with the initial
compliance period.
(27)
After a minimum of three years of annual sampling, the Director may allow
groundwater systems with no previous detection of any contaminant listed in 16.2
(b) to take one sample during each compliance period.
(28)
Each community and non-transient groundwater system which does not detect a
contaminant listed in 16.2 (b) (1) through (21) may apply to the Director for a
waiver from the requirements of paragraphs (26) and (27) of this section after
completing the initial monitoring. (For the purposes of this section, detection is
defined as greater than or equal to 0.0005 mg/l.) A waiver shall be effective for no
more than six years (two compliance periods). The Director may also issue waivers
to small systems for the initial round of monitoring for 1,2,4-trichlorobenzene.
Section “F”: Community Water Systems
131
(29)
The Director may grant a waiver after evaluating the following factor(s):
(i)
Knowledge of previous use (including transport, storage, or disposal) of the
contaminant within the watershed or zone influence of the system. If a
determination by the Director reveals no previous use of the contaminant
within the watershed or zone of influence, a waiver may be granted.
(ii)
If previous use of the contaminant is unknown or it has been used
previously, then the following factors shall be used to determine whether a
waiver is granted.
(A)
Previous analytical results.
(B)
The proximity of the system to a potential point or non-point source
of contamination. Point sources include spills and leaks of
chemicals at or near a water treatment facility or at manufacturing,
distribution, or storage facilities, or from hazardous and municipal
waste landfills and other waste handling or treatment facilities.
(C)
The environmental persistence and transport of the contaminants.
(D)
The number of persons served by the public water system and the
proximity of a smaller system to a larger system.
(E)
How well the water source is protected against contamination, such
as whether it is a surface or groundwater system. Groundwater
systems must consider factors such as depth of the well, the type of
soil, and wellhead protection. Surface water systems must consider
watershed protection.
(30)
As a condition of the waiver a groundwater system must take one sample at each
sampling point during the time the waiver is effective (i.e., one sample during two
compliance periods or six years) and update its vulnerability assessment
considering the factors listed in paragraph (29) of this section. Based on this
vulnerability assessment the Director must reconfirm that the system is non-
vulnerable. If the Director does not make this r econfirmation within three years of
the initial determination, then the waiver is invalidated and the system is required to
sample annually as specified in paragraph (26) of this section.
(31)
Each community and non-transient surface water system which does not detect a
contaminant listed in 16.2 (b) (1) through (21) may apply to the Director for a
waiver from the requirements of (26) of this section after completing the initial
monitoring. Composite samples from a maximum of five sampling points are
allowed, provided that the detection limit of the method used for analysis is less
Section “F”: Community Water Systems
132
than one-fifth of the MCL. Systems meeting this criterion must be determined by
the Director to be non-vulnerable based on a vulnerability assessment during each
compliance period. Each system receiving a waiver shall sample at the frequency
specified by the Director (if any).
(32)
If a contaminant listed in 16.2 (b) (2) through (21) is detected at a level exceeding
0.0005 mg/l in any sample, then:
(i)
The system must monitor quarterly at each sampling point which resulted in
a detection.
(ii)
The Director may decrease the quarterly monitoring requirement specified
in paragraph (32) (I) of this section provided it has determined that the
system is reliably and consistently below the maximum contaminant level.
In no case shall the Director make this determination unless a groundwater
system takes a minimum of two quarterly samples and a surface water
system takes a minimum of four quarterly samples.
(iii)
If the Director determines that the system is reliably and consistently below
the MCL, the Director may allow the system to monitor annually. Systems
which monitor annually must monitor during the quarter(s) which previously
yielded the highest analytical result.
(iv)
Systems which have three consecutive annual samples with no detection of a
contaminant may apply to the Director for a waiver as specified in paragraph
(28) of this section.
(v)
Groundwater systems which have detected one or more of the following
two-carbon organic compounds: trichloroethylene, tetrachloroethylene,
1,2-dichloroethane, 1,1,1-trichloroethane, cis-1,2-dichloroethylene, trans-
1,2-dichloroethylene, or 1,1-dichloroethylene shall monitor quarterly for
vinyl chloride. A vinyl chloride sample shall be taken at each sampling point
at which one or more of the two carbon organic compounds was detected. If
the results of the first analysis do not detect vinyl chloride, the Director
may reduce the quarterly monitoring frequency of vinyl chloride monitoring
to one sample during each compliance period. Surface water systems are
required to monitor for vinyl chloride as specified by the Director.
(33)
Systems which violate the requirements of 16.2 (b) (1) through (21), as determined
by paragraph (36) of this section, must monitor quarterly. After a minimum of four
consecutive quarterly samples which show the system is in compliance as specified
in paragraph (36) of this section the system and the Director determines the system
and the Director determines that the system is reliably and consistently below the
maximum contaminant level, the system may monitor at the frequency and time
specified in paragraph (32) (iii) of this section.
Section “F”: Community Water Systems
133
(34)
The Director may require a confirmation sample for positive or negative results. If
a confirmation sample is required by the Director, the result must be average with
the first sampling result and the average is used for the compliance determination
as specified by paragraph (36). The Director has discretion to delete results of
obvious sampling errors from this calculation.
(35)
The Director may reduce the total number of samples a system must analyze by
allowing the use of compositing. Composite samples from a maximum of five
sampling points are allowed provided that the detection limit of the method used
for analysis is less than one-fifth of the MCL. Compositing of samples must be
done in the laboratory and analyzed within 14 days of sample collection.
(i)
If the concentration in the composite sample detects one or more
contaminants listed in section 16.2 (b), then a follow-up sample must be
taken within 14 days at each sampling point included in the composite, and
be analyzed for that contaminant.
(ii)
If duplicates of the original sample taken from each sampling point used in
the composite are available, the system may use these duplicates instead of
resampling. The duplicate must be analyzed and the results reported to the
State within 14 days of collection.
(iii)
If the populations served by the system is >3,300 persons, then compositing
may only be permitted by the Director at sampling points within a single
system. In systems serving ≤ 3,300 persons, the Director may permit
compositing among different systems provided the 5-sample limit is
maintained.
(36)
Compliance with 16.2 (b) (1) through (21) shall be determined based on the
analytical results obtained at each sampling point.
(i)
For systems which are conducting monitoring at a frequency greater than
annual, compliance is determined by a running annual average of all samples
taken at each sampling point. If the annual average of any sampling point is
greater than the MCL, then the system is out of compliance. If the initial
sample or a subsequent sample would cause the annual average to be
exceeded, then the system is out of compliance immediately.
(ii)
If monitoring if conducted annually, or less frequently, the system is out of
compliance if the level of a contaminant at any sampling point is greater
than the MCL. If a confirmation sample is required by the Director, the
determination of compliance will be based on the average of two samples.
Section “F”: Community Water Systems
134
(iii)
If a public water system has a distribution system separable from other parts
of the distribution system with no interconnections, the Director may allow
the system to give public notice to only that area served by that portion of
the system which is out of compliance.
(37)
Analysis for the contaminants listed in 16.2 (b) (1) through (21) shall be conducted
using EPA methods or their equivalent as approved by EPA and as specified in
Appendix 1.
(38)
The Director may allow the use of monitoring data collected after January 1, 1988,
for purposes of initial monitoring compliance. If the data are generally consistent
with the other requirements in this section, the Director may use these data (i.e., a
single sample rather than four quarterly samples) to satisfy the initial monitoring
requirement of paragraph (4) of this section. Systems which use grand fathered
samples and did not detect any contaminant listed in 16.2 (b) (1) through (21) shall
begin monitoring annually in accordance with paragraph (26) of this section
beginning with the initial compliance period.
(39)
The Director may increase required monitoring where necessary to detect
variations within the system.
(40)
Each public water system shall monitor at the time designated by the Director
within each compliance period.
(41)
Reserved.
(42)
Bottled water may be used on a temporary basis to avoid an unreasonable risk to
health. If bottled water is used, it must be obtained from an approved source.
Public water systems shall not use bottled water to achieve compliance with a
maximum contaminant level listed in Section (b) unless required by the Director as
a condition for granting an exemption and providing there are reasonable assurances
that the bottled water will not exceed maximum contaminant levels.
(43)
Compliance with a maximum contaminant level shall be achieved by installation of
central treatment using BAT as stipulated in section (c). Point-of-use or point of
entry devices may be used only as a condition for obtaining a variance from the
requirement for adoption of central treatment providing the devices and a
monitoring plan for their maintenance are approved by the Director prior to their
installation, and that every building connected to the water system has a device
installed, maintained and adequately monitored by the public water system.
(44)
Reserved.
16.2 (c)
BAT for Organic Contaminants
Section “F”: Community Water Systems
135
The following table identifies granular activated carbon (GAC), packed tower aeration (PTA), or
oxidation (OX) as the best technology, treatment technique, or other means available for achieving
compliance with the maximum contaminant level for organic contaminants identified in
paragraphs (a) and (b) of this section:
Section “F”: Community Water Systems
136
BAT for Organic Contaminants Listed in Sections 16.2(a) and (b)
CAS NO.
CONTAMINANT
GAC
PTA
OX
15972-60-8
Alachlor
X
...............
............
116-06-3
Aldicarb
X
...............
...........
1646-88-4
Aldicarb sulfone
X
..............
.............
1646-87-3
Aldicarb sulfoxide
X
..............
.............
1912-24-9
Atrazine
X
..............
.............
71-43-2
Benzene
X
X
.............
50-32-8
Benzo[a]pyrene
X
..............
.............
1563-66-2
Carbofuran
X
..............
.............
56-23-5
Carbon tetrachloride
X
X
.............
57-74-9
Chlordane
X
..............
.............
75-99-0
Dalapon
X
..............
.............
94-75-7
2,4-D
X
..............
.............
103-23-1
Di(2-ethylhexyl) adipate
X
X
.............
117-81-7
Di (2-ethylhexyl) phthalate
X
..............
.............
96-12-8
Dibromochloropropane (DBCP)
X
X
.............
95-50-1
o-Dichlorobenzene
X
X
.............
106-46-7
para-Dichlorobenzene
X
X
.............
107-06-2
1,2-Dichloroethane
X
X
.............
75-35-4
1,1-Dichloroethylene
X
X
.............
156-59-2
cis-1,2-Dichloroethylene
X
X
.............
156-60-5
trans-1,2-Dichloroethylene
X
X
.............
75-09-2
Dichloromethane
...........
X
.............
78-87-5
1,2-Dichloropropane
X
X
.............
88-85-7
Dinoseb
X
.............
.............
85-00-7
Diquat
X
.............
.............
145-73-3
Endothall
X
.............
.............
72-20-8
Endrin
X
.............
.............
100-41-4
Ethylbenzene
X
X
.............
106-93-4
Ethylene Dibromide (EDB)
X
X
.............
Section “F”: Community Water Systems
137
CAS NO.
CONTAMINANT
GAC
PTA
OX
1071-83-6
Gylphosate
...........
.............
X
76-44-8
Heptachlor
X
.............
.............
1024-57-3
Heptachlor epoxide
X
.............
.............
118-74-1
Hexachlorobenzene
X
.............
.............
77-47-3
Hexachlorocyclopentadiene
X
X
.............
58-89-9
Lindane
X
.............
.............
72-43-5
Methoxychlor
X
.............
.............
108-90-7
Monochlorobenzene
X
X
.............
23135-22-0
Oxamyl (Vydate)
X
.............
.............
87-86-5
Pentachlorophenol
X
...............
.............
1918-02-1
Picloram
X
...............
.............
1336-36-3
Polychlorinated biphenyls (PCB)
X
...............
.............
122-34-9
Simazine
X
...............
.............
100-42-5
Styrene
X
X
1746-01-6
2,3,7,8-TCDD (Dioxin)
X
...............
.............
127-18-4
Tetrachloroethylene
X
X
..............
108-88-3
Toluene
X
X
..............
8001-35-2
Toxaphene
X
...............
.............
93-72-1
2,4,5-TP (Silvex)
X
...............
.............
120-82-1
1,2,4-Trichlorobenzene
X
X
..............
71-55-6
1,1,1-Trichloroethane
X
X
..............
79-00-5
1,1,2-Trichloroethane
X
X
..............
79-01-6
Trichloroethylene
X
X
..............
75-01-4
Vinyl chloride
...........
X
..............
1330-20-7
Xylene
X
X
..............
d)
Treatment techniques for acrylamide and epichlorohydrin.
Each public water system must certify annually in writing to the Director (using third party
or manufacturer's certification) that when acrylamide and epichlorohydrin are used in
drinking water systems, the combination (or product) of dose and monomer level does not
exceed the levels specified as follows:
Section “F”: Community Water Systems
138
Acrylamide = 0.05% dosed at 1 ppm (or equivalent)
Epichlorohydrin = 0.01% dosed at 20 ppm (or equivalent)
Certifications can rely on manufacturers or third parties, as approved by the Director.
16.3 Turbidity
a)
Applicability - The maximum contaminant level for turbidity applies only to surface water
sources. The turbidity of the water shall be determined and recorded daily by the water
purveyor and measured at a representative entry point into the distribution system.
The requirements in section 16.3(a) and (b) apply to unfiltered systems until December
30, 1991 unless the Director has determined prior to that date, in writing pursuant to
Section 5 that filtration is required. The requirements in this section apply to filtered
systems until June 29, 1993. The requirements in this section apply to unfiltered systems
that the Director has determined in writing pursuant to Section 5 must install filtration,
until June 29, 1993 or until filtration is installed, whichever is later.
b)
Maximum Contaminant Level for Turbidity - The maximum contaminant level for turbidity
shall not exceed a monthly average of 1 turbidity unit (TU). A turbidity monthly average of
two (2) turbidity units may be acceptable provided it is demonstrated the higher turbidities
did not interfere with disinfection, and a residual disinfection was maintained throughout
the distribution system and did not interfere with microbiological determinations. An
average of five (5) turbidity units shall not be exceeded for any 2 consecutive days.
c)
Analytical Techniques - Turbidity measurements shall be made in accordance with
Appendix 1.
d)
A public water system that uses surface water or ground water under the direct influence of
surface water, as defined in Section 1 and does not practice filtration in compliance with
Section 5.4, must collect at least one sample near the first service connection each day the
turbidity level of the source water measured as specified in Section 5, exceeds 1 NTU.
This sample must be analyzed for the presence of total coliforms. When one or more
turbidity measurements in any day exceed 1 NTU, the system must collect this coliform
sample within 24 hours of the first excedence, unless the Director determines that the
system, for logistical reasons outside of the system's control cannot have the sample
analyzed within 30 hours of collection. Sample results from this coliform monitoring
must be included in determining compliance with the MCL for total coliforms in Section
16.4 c).
16.4
Microbiological
Section “F”: Community Water Systems
139
a)
Routine Monitoring: Community water systems must collect total coliform samples at
sites which are representative of water throughout the distribution system according to a
written sample siting plan. These plans are subject to the Director's review and revision.
The monitoring frequency for total coliforms for community water systems is based on
the population served by the system as follows:
Section “F”: Community Water Systems
140
Total Coliform Monitoring Frequency For Community Water Systems
Population Served
Minimum Number of Samples per Month
25 to 1,0001
1
1,001 to 2,500
2
2,501 to 3,300
3
3,301 to 4,100
4
4,101 to 4,900
5
4,901 to 5,800
6
5,801 to 6,700
7
6,701 to 7,600
8
7,601 to 8,500
9
8,501 to 12,900
10
12,901 to 17,200
15
17,201 to 21,500
20
21,501 to 25,000
25
25,001 to 33,000
30
33,001 to 41,000
40
41,001 to 50,000
50
50,001 to 59,000
60
59,001 to 70,000
70
70,001 to 83,000
80
83,001 to 96,000
90
96,001 to 130,000
100
130,001 to 220,000
120
220,001 to 320,000
150
320,001 to 450,000
180
450,001 to 600,000
210
600,001 to 780,000
240
780,001 to 970,000
270
970,001 to 1,230,000
300
1,230,001 to 1,520,000
330
Section “F”: Community Water Systems
141
Population Served
Minimum Number of Samples per Month
1,520,001 to 1,850,000
360
1,850,001 to 2,270,000
390
2,270,001 to 3,020,000
420
3,020,001 to 3,960,000
450
3,960,001 or more
480
1 Includes public water systems which have at least 15 service connections, but serve fewer than 25
persons.
1)
The Director may reduce the monitoring frequency of a community water system
serving 25-1000 persons in a written directive to not less than one sample per
quarter if:
i)
A sanitary survey conducted in the past five years shows that the system is
supplied solely by a protected ground water source and is free of sanitary
defects, and
ii)
Said water system has no history of total coliform contamination in its
current configuration.
2)
The public water system must collect samples at regular time intervals throughout
the month, EXCEPT: a system which uses groundwater not under the direct
influence of surface water as determined by the Director, and serves 4,900 persons
or less, may collect all required samples on a single day, if they are taken from
different sites.
3)
A public water system that uses surface water or ground water under the direct
influence of surface water, as determined by the Director, and does not practice
filtration in compliance with Section 5 must:
i)
collect at least one sample near the first service connection each day the
turbidity level exceeds 1 NTU. This sample must be analyzed for the
presence of total coliforms.
ii)
When one or more turbidity measurements exceed 1 NTU, the system must
collect the coliform sample within 24 hours of the first exceedence unless
the Director determines that the system for logistical reasons outside the
system's control cannot have the sample analyzed within 30 hours of
collection. Sample results must be included in determining compliance with
the MCL for total coliforms, as indicated in section 16.4 c).
b)
Analytical Methodology - Coliform organism examinations shall be made in accordance
with Appendix 1.
Section “F”: Community Water Systems
142
1)
the standard sample volume required for total coliform analysis, regardless of
analytical method used, is 100 ml.
2)
public water systems need only determine the presence or absence of total
coliforms: a determination of total coliform density is not required
3)
If any routine or repeat sample is total coliform positive, the system must analyze
the culture medium to determine if fecal coliforms are present. The system may
test for E. Coli in lieu of fecal coliforms.
The Director has the discretion to allow a public water system, on a case-by-case
basis, to forgo fecal coliform or E. coli testing on a total coliform positive sample
if that system assumes that the total coliform-positive sample is fecal coliform-
positive or E. coli-positive. Accordingly, the system must notify the Director as
specified in paragraph (e) of this section and the provisions of 16.4 c) 6) c) apply.
c)
Maximum Contaminant Levels (MCLs) for Microbiological Contaminants:
1)
The goal for total Coliforms(including fecal coliforms and Eschereichia coli) is
ZERO
2)
The following constitute the best technology treatment techniques, or other means
available for achieving compliance with the MCL:
A)
Protection of wells from contamination by coliforms by appropriate
placement and construction;
B)
Maintenance of a disinfectant residual throughout the distribution system;
C)
Proper maintenance of the distribution system;
D)
Filtration and/or disinfection of surface water as described in Section 5; and
E)
The development and implementation of an approved wellhead protection
program, or watershed protection plan, if applicable.
3)
The MCL is based on the presence or absence of total coliforms in a sample, rather
than coliform density.
4)
A public water system must determine compliance with the MCL for total
coliforms for each month in which it is required to monitor for total coliforms.
Section “F”: Community Water Systems
143
5)
Special purpose samples such as those taken to determine disinfection practices,
shall not be used to determine compliance with the MCL for total coliforms.
Repeat samples must be used in determination of the monthly MCL compliance.
6)
The following constitutes a violation of the MCL for total coliforms:
A)
If a system collects at least 40 samples per month, the system is not in
compliance with the MCL for total coliforms if more than 5.0 per cent of
the samples collected during the month are total coliform positive.
B)
If a system collects less than 40 samples per month, the system is not in
compliance with the MCL for total coliforms if more than ONE sample is
total coliform positive.
C)
*If any repeat sample is fecal coliform or E.coli positive.
D)
*If any repeat sample is total coliform positive following a fecal coliform
or E.Coli positive routine sample.
*For purposes of public notification, this is a violation that may pose an acute
health risk.
7)
The Director must be notified of any total coliform MCL violation by the end of
the day on which the system learns of the violation or by the end of the next
business day if state offices are closed.
d)
Repeat monitoring: If a routine sample is total coliform-positive, the public water system
must collect a set of repeat samples for each total coliform positive within 24 hours of
being notified of the positive result as follows:
1)
> 1 routine sample/month: 3 repeat samples
(Total volume collected must be at least 300 ml)
2)
1 or < 1 routine sample/month: 4 repeat samples (Total volume collected must be
at least 400 ml)
3)
The Director may extend the 24-hour limit on a case-by-case basis if the system
has a logistical problem in collecting the repeat samples within 24 hours that is
beyond its control. In the case of an extension, the Director will specify how much
time the system has to collect the repeat samples.
4)
At least one repeat sample must be collected from the sampling tap where the
original positive sample was taken; at least one repeat sample within 5 service
connections upstream; and one repeat sample within 5 service connections
Section “F”: Community Water Systems
144
downstream. If a total coliform-positive sample is at the end of the distribution
system, or one away from the end of the distribution system, the Director may
waive the requirement to collect at least one repeat sample upstream or
downstream of the original sampling site.
5)
These repeat samples must be collected on the same day, except that the Director
may allow a system with a single service connection to collect the required set of
repeat samples over a four-day period or to collect a larger volume repeat
sample(s) in one or more sample containers of any size, as long as the total volume
collected is at least 400 ml(300 ml for systems which collect more than one
routine sample/month).
6)
If one or more repeat sample in the set is total coliform-positive, the public water
system must collect an additional set of repeat samples as described in this section.
The system must repeat this process until either total coliforms are not detected in
one complete set of repeat samples, or the system determines that the MCL for
total coliforms has been exceeded and notifies the Director.
7)
Results of all routine and repeat samples not invalidated by the Director must be
included in determining compliance with the MCL for total coliforms in Section
16.4 c).
8)
Any system collecting fewer than five routine samples per month must collect at
least five samples during the month following repeat sampling for total coliform
positive samples. The Director can waive this requirement on a case by case basis.
A)
The Director may waive the requirement to collect five routine samples the
next month the system provides water to the public if the Director performs
a site visit before the end of the next month the system provides water to the
public. Although a sanitary survey need not be performed, the site visit
must be sufficiently detailed to allow the Director to determine whether
additional monitoring and/or any corrective action is needed.
B)
The Director may waive the requirement to collect five routine samples t he
next month the system provides water to the public if the Director has
determined in writing why the sample was total coliform positive and
establishes that the system has corrected the problem or will correct the
problem before the end of the next month the system serves water to the
public. The written documentation must describe the specific cause of the
total coliform-positive sample and what action the system has taken and/or
will take to correct this problem. The Director will not waive the
requirement to collect five routine samples the next month the system
provides water to the public solely on the grounds that all repeat samples are
total coliform-negative. Under this paragraph, a system must still take at
least one routine sample before the end of the next month it serves water to
Section “F”: Community Water Systems
145
the public and use it to determine compliance with the MCL for total
coliforms in section 16.4.
e)
Fecal Coliforms/E.coli Testing:
If any routine or repeat sample is total coliform positive, the system must analyze the
culture medium to determine if fecal coliforms are present. The system may test for E.
Coli in lieu of fecal coliforms. If either are present, the system must notify the Director
by the end of that day or the next business day if state offices are closed.
16.4 F) Invalidation of Samples
1)
A total coliform sample invalidated under this paragraph does not count towards
meeting the minimum monitoring requirements of this section.
2)
The Director will invalidate a total coliform-positive sample and document same in
writing only if:
i)
The laboratory establishes that improper sample analysis caused the total
coliform-positive result,
ii)
The Director determines that the total coliform-positive sample resulted
from a domestic or other non-distribution system plumbing problem.
iii)
The Director has substantial grounds to believe that a total coliform-
positive result is due to a circumstance or condition which does not reflect
water quality in the distribution system. ( In this case, the system must still
collect all repeat samples required.
3)
A total coliform-positive sample will not be invalidated solely on the grounds that
all repeat samples are total coliform negative.
4)
A laboratory must invalidate a total coliform sample, unless total coliforms are
detected, if
i)
the sample produces a turbid culture in the absence of gas production using
the method cited in section 16.4 b) 4) a);
ii)
the sample produces a turbid culture in the absence of an acid reaction;
using the method cited in section 16.4 b) 4) c).
iii)
it exhibits confluent growth , or produces colonies too numerous to count,
using the method cited in section 16.4 b) 4) b).
Section “F”: Community Water Systems
146
5)
If a laboratory invalidates a sample for the above reasons, the system must collect
another sample from the same location as the original sample within 24 hours of
being notified of the result. The system must continue to re-sample within 24 hours
and have the samples analyzed until it obtains a valid result. The Director may
extend the 24-hour limit on a case-by-case basis if the system has a logistical
problem in collecting the repeat samples within 24 hours that is beyond its control.
In the case of a extension, the Director will specify how much time the system has
to collect the repeat samples.
16.4 G) Sanitary Surveys:
1)
Public water systems which do not collect five or more routine samples/month
must undergo an initial sanitary survey by June 29, 1994 for community public
water systems and June 29, 1999 for non-community water systems. Thereafter,
systems must undergo another sanitary survey every five years, except that non-
community water systems using only protected and disinfected ground water as
defined by the Director must undergo subsequent sanitary surveys at least every ten
years after the initial sanitary survey.
2)
Public water systems are responsible for making all necessary facilities, personnel
and records available so that a sanitary survey may be completed.
3)
Deficiencies listed in a sanitary survey are considered to be unsafe conditions and
must be addressed as provided for in Section 10 of these regulations.
16.4 h) Reporting Requirements:
1)
The supplier of water must report to the Director any failure to comply with any
drinking water regulation within 48 hours, except where different reporting is
specified in these regulations.
2)
A public water system which has exceeded the MCL for total coliforms must
report the violation to the Director no later than the end of the next business day,
and notify the public in accordance with Section 16.8.
3)
A public water system which has failed to comply with a coliform monitoring
requirement, including the sanitary survey must report the monitoring violation to
the Director within ten days after the system discovers the violation, and notify the
public in accordance with Section 16.8.
16.5 Radioactivity
(a)
Monitoring Frequency--monitoring requirements for gross alpha particle activity, radium
226 and radium 228. Each source of a community water system shall be analyzed for
Section “F”: Community Water Systems
147
gross alpha particle activity once every four (4) years following initial sampling. Initial
sampling shall be conducted on a schedule prescribed by the Director.
(1)
Initial sampling--Compliance shall be based on the analysis of an annual
composite of four consecutive quarterly samples or the average of the analyses of
four samples obtained at quarterly intervals.
(i)
When the gross alpha particle activity exceeds 5 pCi/l, the same or
equivalent sample shall be analyzed for radium 226. If the concentration of
radium 226 exceeds 3 pCi/l, the same or an equivalent sample shall be
analyzed for radium 228. If the gross alpha particle activity is 5 pCi/l or
less, there is no need to analyze for radium 226 and radium 228.
(ii)
For the initial analysis required by paragraph (a)(1) of this section, data
acquired prior to the effective date of this part may be substituted at the
discretion of the Director.
(2)
Community water systems shall monitor at least once every four years following
the procedure required by paragraph (a)(1) of this section. At the discretion of the
Director, when the existing sampling history taken in conformity with paragraph
(a)(1) of this section has established that the annual concentration is less than half
of the maximum contaminant level (MCL), analysis of a single sample may be
substituted for the quarterly sampling procedure required by paragraph (a)(1) of
this section.
(i)
More frequent monitoring shall be conducted when ordered by the Director.
(ii)
A supplier of water shall monitor in conformity with paragraph (a)(1) of this
section, in a schedule specified by the Director, when a new source is
introduced for a community water system. More frequent monitoring shall
be conducted when ordered by the Director in the event of possible
contamination or when changes in the distribution system or treatment
processing occur which may increase the concentration of radioactivity in
finished water.
(iii) A community water system using two or more sources having different
concentrations of radioactivity shall monitor source water, in addition to
water from a free flowing tap in the distribution system, when ordered by
the Director.
(iv)
Suppliers of water shall conduct annual monitoring of any community water
in which the radium 226 concentration exceeds 3 pCi/l, when ordered by the
Director.
Section “F”: Community Water Systems
148
(3)
If the average annual maximum contaminant level for gross alpha particle activity or total
radium as set forth in paragraph (b) of this section is exceeded, the supplier of the
community water system shall give notice to the Director pursuant to section 11.0 of the
regulations and notify the public as required by section 16.8. Monitoring at quarterly
intervals shall be continued until the average concentration no longer exceeds the
maximum contaminant level or until a monitoring schedule as a condition to a variance,
exemption or enforcement action shall become effective.
(b)
Maximum Contaminant Level for Gross Alpha Particle Activity and Radium 226 and 228
Contaminant
Picocuries per Liter(pCi/l)
Radium 226 and Radium 228
Combined
5
Gross alpha particle activity
15
(c)
Maximum Contaminant Level for Manmade Beta Particle and Photon Emitters - The
average annual concentration of manmade beta particle and photon emitters shall not meet
or exceed an annual dose equivalent of 4 millirems/year.
(1)
Systems using surface water sources and serving more than 100,000 persons and
such other community water systems as are designated by the Director shall be
monitored for compliance. Initial sampling shall be a composite of four
consecutive quarterly samples or analysis of four quarterly samples. Compliance
is assumed without further analysis if the average annual concentration of gross
beta particle activity is less than 50 pCi/l and if the annual concentrations of
tritium and strontium 90 are less than those listed in Table “A”, provided that if
both radionuclides are present the sum of their annual dose equivalents to bone
marrow shall not exceed 4 millirem/year.
(i)
If the gross beta particle activity exceeds 50 pCi/l, an analysis of the
sample must be performed to identify the major radioactive constituents
present and the appropriate organ and total body doses shall be calculated to
determine compliance with (c)(1).
TABLE “A”
Average Annual Concentrations Assumed to Produce a Total Body or Organ Dose of
4 millirem/year
Radionuclide
Critical Organ
pCi/l
tritium
total body
20,000
strontium
bone marrow
8
Section “F”: Community Water Systems
149
(ii)
Suppliers of water shall conduct additional monitoring, as ordered by the
Director, to determine the concentration of man-made radioactivity in
principal watersheds designated by the Director.
(iii) At the discretion of the Director, suppliers of water utilizing only ground
water may be required to monitor for man-made radioactivity.
(2)
After the initial analysis required by paragraph (c)(1) of this section suppliers of
water shall monitor at least every four years following the procedure given in
paragraph (b)(1) of this section.
At the discretion of the Director, when the existing sampling history taken in conformity
with paragraph (c)(1) of this section has established that the annual concentration is less
than half of the MCL, analysis of a single sample may be substituted for the quarterly
sampling procedure required in paragraph (c)(1) of this section.
(3)
If the average annual maximum contaminant level for man-made radioactivity set
forth in section 16.5(c)(1) is exceeded, the operator of a community water system
shall give notice to the Director pursuant to section 11.0 and to the public as
required by section 16.8. Monitoring at monthly intervals shall be continued until
the concentration no longer exceeds the maximum contaminant level or until a
monitoring schedule as a condition to a variance, exemption or enforcement
action shall become effective.
(d)
Analytical Techniques - Analyses to determine compliance with the radioactivity
requirements shall be made in accordance with the methods specified in Appendix 1.
(e)
Where monitoring results exceed the MCLs specified in paragraphs 16.5(b) or (c) of this
section, compliance shall be achieved by installation of central treatment which is
approved by the Director. Point of use or point of entry devices may be used only as a
condition of a variance from this paragraph and only if a plan for their maintenance and
operation is approved by the Director and every building connected to the water system has
a device installed and adequately monitored by the public water system.
16.6
Unregulated Contaminants: Community water systems shall monitor for the following
volatile organic contaminants:
(1)
Chloroform
(2)
Bromodichloromethane
(3)
Chlorodibromomethane
(4)
Bromoform
(5)
Dibromomethane
(6)
m-Dichlorobenzene
(8)
1,1-Dichloropropene
Section “F”: Community Water Systems
150
(9)
1,1-Dichloroethane
10) 1,1,2,2-Tetrachloroethane
(11) 1,3-Dichloropropane
(12) Chloromethane
(13) Bromomethane
(14) 1,2,3-Trichloropropane
(15) 1,1,1,2-Tetrachloroethane
(16)
Chloroethane
(17)
2,2-Dichloropropane
(18)
o-Chlorotoluene
(19)
p-Chlorotoluene
(20)
Bromobenzene
(21)
1,3-Dichloropropene
(a)
Monitoring Frequency - Effective January 8, 1999 only community systems serving more
than 10,000 persons must comply with section 16.6 herein. Each active drinking water
source maintained by a water purveyor shall be analyzed for the unregulated contaminants
listed in this section. Systems must sample at each entry point to the distribution system
and after any treatment provided to the sources of water. Each entry point must be sampled
for four (4) consecutive quarters at least once every five (5) years for each surface water
source and at least one sample per entry point to the distribution system every five (5)
years for each groundwater source beginning no later than January 1, 1989 for water
systems serving 3,300 or more persons, and no later than January 1, 1991 for water
systems serving less than 3300 persons.
(b)
Notification - Upon completion of the sampling required under this section, the water
purveyor shall notify persons served by the system of the availability of the analytical
results and shall identify a person and telephone number to contact for information
regarding these results. The notification shall be performed by either a notice in the first
set of water bills issued by the system after the receipt of the results or written notice
within three (3) months.
(c)
Analytical Techniques - Analyses shall be conducted in accordance with Appendix 1 and
only by a laboratory certified by EPA or the Department of Health to perform volatile
organic chemical analyses by the appropriate method.
16.7
Special monitoring for inorganic and organic contaminants*
* Note: Monitoring requirements of section 16.7 were completed as of December 31,
1995.
(a)
Monitoring of the contaminants listed in 16.7 (a) (11) and (12) shall be conducted as
follows:
(1)
Each community and non-transient, non-community water system shall take four
consecutive quarterly samples at each sampling point for each contaminant listed
Section “F”: Community Water Systems
151
in paragraph (a) (11) of this section and report the results to the Director.
Monitoring must be completed by December 31, 1995.
(2)
Each community and non-transient non-community water system shall take one
sample at each sampling point for each contaminant listed in paragraph (a) (12) of
this section and report the results to the Director. Monitoring must be completed
by December 31, 1995.
(3)
Each community and non-transient non-community water system may apply to the
Director for a waiver from the requirements of paragraph (a) (1) and (2) of this
section.
(4)
The Director may grant a waiver for the requirement of paragraph (a) (1) of this
section based on the criteria specified in 16.2(a)(6). The Director may grant a
waiver from the requirement of paragraph (a) (2) of this section if previous
analytical results indicate contamination would not occur, provided this data was
collected after January 1, 1990.
(5)
Groundwater systems shall take a minimum of one sample at every entry point to
the distribution system which is representative of each well after treatment
(hereafter called a sampling point). Each sample must be taken at the same
sampling point unless conditions make another sampling point more representative
of each source or treatment plant.
(6)
Surface water systems shall take a minimum of one sample at points in the
distribution system that are representative of each source or at each entry point to
the distribution system after treatment (hereafter called a sampling point). Each
sample must be taken at the same sampling point unless conditions make another
sampling point more representative of each source or treatment plant.
Note: For purposes of this paragraph, surface water systems include systems with a
combination of surface and ground sources.
(7)
If the system draws water from more than one source and the sources are
combined before distribution, the system must sample at an entry point to the
distribution system during periods of normal operating conditions (i.e., when
water representative of all sources is being used).
(8)
The Director may require a confirmation sample for positive or negative results.
(9)
The Director may reduce the total number of samples a system must analyze by
allowing the use of compositing. Composite samples from a maximum of five
sampling points are allowed. Compositing of samples must be done in the
laboratory and the composite sample must be analyzed within 14 days of
collection. If the population served by the system is > 3,300 persons, then
Section “F”: Community Water Systems
152
compositing may only be permitted by the Director at sampling points within a
single system. In systems serving less than or equal to 3,300 persons, the
Director may permit compositing among different systems provided the 5 -sample
limit is maintained.
(10)
Instead of performing the monitoring required by this section, a community water
system or non-transient non-community water system serving fewer than 150
service connections may send a letter to the Director stating that the system is
available for sampling. This letter must be sent to the Director by January 1, 1994.
The system shall not send such samples to the Director, unless requested to do so
by the Director.
(11)
List of Unregulated Organic Contaminants:
Organic contaminants
Aldrin
Butachlor
Carbaryl
Dicamba
Dieldrin
3-Hydroxycarbofuran
Methomyl
Metolachlor
Metribuzin
Propachlor
(12)
List of Unregulated Inorganic Contaminants:
Contaminant
sulfate
16.8
Public Notification
a)
Any community water system which fails to comply with a maximum contaminant level,
treatment technique, or requirements of any schedule prescribed pursuant to a variance or
exemption issued under these regulations or has an occurrence of a water-borne disease
outbreak shall give notice approved by the Director, to the persons served by the water
system in each of the following manners:
(i)
publication within 14 days after the violation or failure in a daily or weekly
newspaper of general circulation in the area that is served by the system.
(ii)
mail delivery or hand delivery within 45 days after the violation or failure or within
72 hours for violations determined by the Director to be acute, and to be repeated
every 3 months thereafter for as long as the violation or failure exists. The
Director may waive the requirement for mail delivery or hand delivery of the
Section “F”: Community Water Systems
153
notice if the violation or failure is corrected within 45 days after the violation or
failure.
(iii)
furnishing a copy of the notice to radio and television stations serving the area
within 72 hours after the violation of the maximum contaminant level for nitrate or
nitrite or any maximum contaminant level violation determined by the Director to
pose an acute risk to human health.
b)
Any community water system which fails to perform monitoring of Unregulated
Contaminants required by Section 16.7 of the regulations or any other monitoring
requirement of these regulations, or fails to comply with a testing procedure established in
these regulations, or is subject to an exemption or variance respecting a maximum
contaminant level or any treatment technique requirement applicable to a national primary
drinking water regulation, shall notify persons served by the system within three (3)
months of the violation or granting of a variance or exemption by publication in a daily or
weekly newspaper of general circulation in the area served by the system. The content of
this notice shall be approved by the Director. The owner or operator of the public water
system must give notice at least once every three (3) months by mail delivery or by hand
delivery for as long as the violation exists. Repeat notice of the existence of a variance
related to Section 1415 or 1416 of Public Law 93-523 as amended must be given every
three (3) months for as long as the variance or exemption remains in effect.
c)
Each time a public notice is issued by a water purveyor, a copy must be submitted to the
Director within ten (10) days of issuance.
d)
The owner or operator of a community water system must give a copy of the most recent
public notice for any outstanding violation of any maximum contaminant level, or any
treatment technique requirement, or any variance or exemption to all new billing units or
new hookups prior to or at the time service begins.
e)
Each notice must provide a clear and readily understandable explanation of the violation,
any potential adverse health effects including the mandatory health effects language
specified in Appendix 2 the population at risk, the steps that the public water system is
taking to correct such violation, the necessity for seeking alternative sources of water, and
any preventative measures the consumer should take until the violation is corrected. Each
notice shall be conspicuous and shall not contain unduly technical language and unduly
small print. Each notice shall include the telephone number of the owner, operator, or
designee of the public water system as a source of additional information. Where
appropriate, the notice shall be multi-lingual.
16.9 Records
Section “F”: Community Water Systems
154
a)
Records of analyses shall be maintained by the water purveyor. The records of each
sample analyzed to comply with these regulations shall contain the following information:
1.
The time, date, and place of sampling and the name of the sample collector;
2.
The sampling point and the reason for collection;
3.
Date analysis started and completion date if more than one day is needed;
4.
Name of laboratory and person responsible for performing the analysis;
5.
The analytical technique or method used;
6.
The results of the analysis.
b)
Records of microbiological examinations shall be readily available for at least 5 years.
c)
Records of organic and inorganic chemical, radiological, and turbidity analyses shall be
readily available for at least 10 years.
d)
Any written document relating to a sanitary survey of a public water system shall be kept
for at least 10 years. Records of action taken to correct a violation of these regulations
shall be kept for at least 3 years after the last action taken with respect to the particular
violation involved.
e)
Records concerning a variance or exemption granted to a system shall be kept for at least 5
years following the expiration date of such variance or exemption.
16.10 Consumer Confidence Reports
16.10 (1)
Purpose and Applicability of this Subpart
(a)
This subpart establishes the minimum requirements for the content of annual reports that
community water systems must deliver to their customers. These reports must contain
information on the quality of the water delivered by the systems and characterize the
risks (if any) from exposure to contaminants detected in the drinking water in an accurate
and understandable manner.
(b)
Notwithstanding the provisions of section 2, this subpart applies only to community
water systems.
(c)
For the purpose of this subpart, customers are defined as billing units or service
connections to which water is delivered by a community water system.
Section “F”: Community Water Systems
155
(d)
For the purpose of this subpart, detected means: at or above the levels prescribed by
Appendix 1for the inorganic contaminants listed at 16.1(1)—(15), for the synthetic
organic contaminants listed in 16.2(a) or the volatile organic contaminants listed in
16.2(b)(1)—(21) or the radioactive contaminants listed at 16.5(b) and (c).
16.10 (2)
Effective Dates
(a)
The regulations in this subpart shall take effect on January 1, 2000.
(b)
Each existing community water system must deliver a consumer confidence report by July
1, 2000, and subsequent reports by July 1 annually thereafter. The first report must contain
data collected during, or prior to, calendar year 1999 as prescribed in 1 6.10(3)(d)(3). Each
report thereafter must contain data collected during, or prior to, the previous calendar year.
(c)
A new community water system must deliver its first report by July 1 of the year after its
first full calendar year in operation and annually thereafter.
(d)
A community water system that sells water to another community water system must
deliver the applicable information required in 16.10(3) to the buyer system:
(1)
No later than April 1, 2000, and by April 1 annually thereafter or
(2)
On a date mutually agreed upon by the seller and the purchaser, and specifically
included in a contract between the parties.
16.10 (3)
Content of the Reports
(a)
Each community water system must provide to its customers an annual report that contains
the information specified in this section and section 16.10(4).
(b)
Information on the source of the water delivered:
(1)
Each report must identify the source(s) of the water delivered by the community
water system by providing information on:
(i)
The type of the water: e.g., surface water, ground water; and
(ii)
The commonly used name (if any) and location of the body (or bodies) of
water.
(2)
If a source water assessment has been completed, the report must notify
consumers of the availability of this information and the means to obtain it. In
addition, systems are encouraged to highlight in the report significant sources of
contamination in the source water area if they have readily available information.
Where a system has received a source water assessment from the Department, the
Section “F”: Community Water Systems
156
report must include a brief summary of the system's susceptibility to potential
sources of contamination, using language provided by the Department or written
by the operator.
(c)
Definitions
(1)
Each report must include the following definitions:
(i)
Maximum Contaminant Level Goal or MCLG: The level of a contaminant in
drinking water below which there is no known or expected risk to health.
MCLGs allow for a margin of safety.
(ii)
Maximum Contaminant Level or MCL: The highest level of a contaminant
that is allowed in drinking water. MCLs are set as close to the MCLGs as
feasible using the best available treatment technology.
(2)
A report for a community water system operating under a variance or an exemption
issued under section 15 of these regulations (excepting a variance pursuant to the
requirements of section 3 New Water Sources) must include the following
definition: Variances and Exemptions: State or EPA permission not to meet an
MCL or a treatment technique under certain conditions.
(3)
A report which contains data on a contaminant for which EPA has set a treatment
technique or an action level must include one or both of the following definitions
as applicable:
(i)
Treatment Technique: A required process intended to reduce the level of a
contaminant in drinking water.
(ii)
Action Level: The concentration of a contaminant which, if exceeded,
triggers treatment or other requirements which a water system must follow.
(d)
Information on Detected Contaminants
(1)
This subsection specifies the requirements for information to be included in each
report
for
contaminants
subject
to
mandatory
monitoring
(except
Cryptosporidium). It applies to:
(i)
Contaminants subject to an MCL, action level, or treatment technique
(regulated contaminants);
(ii)
Contaminants for which monitoring is required by section 16.6 (unregulated
contaminants); and
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157
(iii) Disinfection byproducts or microbial contaminants for which monitoring is
required by [RESERVED for future rulemaking 141.142 and 141.143
equivalent] except as provided under paragraph (e)(1) of this section, and
which are detected in the finished water.
(2)
The data relating to these contaminants must be displayed in one table or in several
adjacent tables. Any additional monitoring results which a community water
system chooses to include in its report must be displayed separately.
(3)
The data must be derived from data collected to comply with EPA and State
monitoring and analytical requirements during calendar year 1999 for the first
report and subsequent calendar years thereafter except that:
(i)
Where a system is allowed to monitor for regulated contaminants less often
than once a year, the table(s) must include the date and results of the most
recent sampling and the report must include a brief statement indicating that
the data presented in the report are from the most recent testing done in
accordance with the regulations. No data older than 5 years need be
included.
(ii)
Results of monitoring in compliance with [RESERVED for future
rulemaking 141.142 and 141.143 equivalent] need only be included for 5
years from the date of last sample or until any of the detected contaminants
becomes regulated and subject to routine monitoring requirements,
whichever comes first.
(4)
For detected regulated contaminants (listed in appendix A to this subpart), the
table(s) must contain:
(i)
The MCL for that contaminant expressed as a number equal to or greater
than 1.0 (as provided in appendix A to this subpart);
(ii)
The MCLG for that contaminant expressed in the same units as the MCL;
(iii) If there is no MCL for a detected contaminant, the table must indicate that
there is a treatment technique, or specify the action level, applicable to that
contaminant, and the report must include the definitions for treatment
technique and/or action level, as appropriate, specified in paragraph(c)(3) of
this section;
(iv)
For contaminants subject to an MCL, except turbidity and total coliforms,
the highest contaminant level used to determine compliance with the MCL
and the range of detected levels, as follows:
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158
(A)
When compliance with the MCL is determined annually or less
frequently: The highest detected level at any sampling point and the
range of detected levels expressed in the same units as the MCL.
(B)
When compliance with the MCL is determined by calculating a
running annual average of all samples taken at a sampling point: the
highest average of any of the sampling points and the range of all
sampling points expressed in the same units as the MCL.
(C)
When compliance with the MCL is determined on a systemwide
basis by calculating a running annual average of all samples at all
sampling points: the average and range of detection expressed in the
same units as the MCL.
Note to paragraph (d)(4)(iv): When rounding of results to determine compliance
with the MCL is allowed by the regulations, rounding should be done prior to
multiplying the results by the factor listed in appendix A of this subpart;
(v)
For turbidity
(A)
When it is reported pursuant to section 16.3: The highest average
monthly value.
(B)
When it is reported pursuant to the requirements of section 5.2: the
highest monthly value. The report should include an explanation of
the reasons for measuring turbidity.
(C)
When it is reported pursuant to section 5.4: The highest single
measurement and the lowest monthly percentage of samples meeting
the turbidity limits specified in section 5.4 for the filtration
technology being used. The report should include an explanation of
the reasons for measuring turbidity;
(vi)
For lead and copper: the 90th percentile value of the most recent round of
sampling and the number of sampling sites exceeding the action level;
(vii) For total coliform:
(A)
The highest monthly number of positive samples for systems
collecting fewer than 40 samples per month; or
(B)
The highest monthly percentage of positive samples for systems
collecting at least 40 samples per month;
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159
(viii) For fecal coliform: The total number of positive samples; and
(ix)
The likely source(s) of detected contaminants to the best of the operator's
knowledge. Specific information regarding contaminants may be available in
sanitary surveys and source water assessments, and should be used when
available to the operator. If the operator lacks specific information on the
likely source, the report must include one or more of the typical sources
for that contaminant listed in appendix B to this subpart which are most
applicable to the system.
(5)
If a community water system distributes water to its customers from multiple
hydraulically independent distribution systems that are fed by different raw water
sources, the table should contain a separate column for each service area and the
report should identify each separate distribution system. Alternatively, systems
could produce separate reports tailored to include data for each service area.
(6)
The table(s) must clearly identify any data indicating violations of MCLs or
treatment techniques and the report must contain a clear and readily
understandable explanation of the violation including: the length of the violation,
the potential adverse health effects, and actions taken by the system to address the
violation. To describe the potential health effects, the system must use the relevant
language of appendix C to this subpart.
(7)
For detected unregulated contaminants for which monitoring is required (except
Cryptosporidium), the table(s) must contain the average and range at which the
contaminant was detected. The report may include a brief explanation of the
reasons for monitoring for unregulated contaminants.
(e) Information on Cryptosporidium, Radon, and Other Contaminants:
(1)
If the system has performed any monitoring for Cryptosporidium, including
monitoring performed to satisfy the requirements of [RESERVED for future
rulemaking 141.143 equivalent], which indicates that Cryptosporidium may be
present in the source water or the finished water, the report must include:
(i)
A summary of the results of the monitoring; and
(ii) An explanation of the significance of the results.
(2)
If the system has performed any monitoring for radon which indicates that radon
may be present in the finished water, the report must include:
(i)
The results of the monitoring; and
(ii)
An explanation of the significance of the results.
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160
(3)
If the system has performed additional monitoring which indicates the presence of
other contaminants in the finished water, the system is strongly encouraged to
report any results which may indicate a health concern. To determine if results
may indicate a health concern, it is recommended that systems find out if EPA
has proposed an NPDWR or issued a health advisory for that contaminant by
calling the Safe Drinking Water Hotline (8004264791). Detects above a
proposed MCL or health advisory level are considered to indicate possible health
concerns. For such contaminants, it is recommended that the report include:
(i)
The results of the monitoring; and
(ii)
An explanation of the significance of the results noting the existence of a
health advisory or a proposed regulation.
(f)
Compliance with NPDWR
In addition to the requirements of section 16.10(3)(d), the report must note any violation
that occurred during the year covered by the report of a requirement listed below, and
include a clear and readily understandable explanation of the violation, any potential
adverse health effects, and the steps the system has taken to correct the violation.
(1)
Monitoring and reporting of compliance data;
(2)
Filtration and disinfection prescribed by section 5 of these regulations. For
systems which have failed to install adequate filtration or disinfection equipment
or processes, or have had a failure of such equipment or processes which
constitutes a violation, the report must include the following language as part of
the explanation of potential adverse health effects: Inadequately treated water may
contain disease causing organisms. These organisms include bacteria, viruses, and
parasites which can cause symptoms such as nausea, cramps, diarrhea, and
associated headaches.
(3)
Lead and copper control requirements prescribed by section 6 of these
regulations. For systems which fail to take one or more actions prescribed by
sections 6.80(d), 6.81, 6.82, 6.83, or 6.84 herein, the report must include the
applicable language of appendix C to this subpart for lead, copper, or both.
(4)
Treatment techniques for Acrylamide and Epichlorohydrin prescribed by section
16.2(d) of these regulations. For systems which violate the requirements of
section 16.2(d) herein, the report must include the relevant language from
appendix C to this subpart.
(5)
Recordkeeping of Compliance Data
Section “F”: Community Water Systems
161
(6)
Special monitoring requirements prescribed by sections 16.6, 16.7, and 16.1(r);
and
(7)
Violation of the terms of a variance, an exemption, or an administrative or judicial
order.
(g)
Variances and Exemptions
If a system is operating under the terms of a variance or an exemption issued under Sec. 1415 or
1416 of SDWA, the report must contain:
(1)
An explanation of the reasons for the variance or exemption;
(2)
The date on which the variance or exemption was issued;
(3)
A brief status report on the steps the system is taking to install treatment, find
alternative sources of water, or otherwise comply with the terms and schedules of
the variance or exemption; and
(4)
A notice of any opportunity for public input in the review, or renewal, of the
variance or exemption.
(h)
Additional Information:
(1)
The report must contain a brief explanation regarding contaminants which may
reasonably be expected to be found in drinking water including bottled water. This
explanation may include the language of paragraphs (h)(1) (i) through (iii) or
systems may use their own comparable language. The report also must include the
language of paragraph (h)(1)(iv) of this section.
(i)
The sources of drinking water (both tap water and bottled water) include
rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels
over the surface of the land or through the ground, it dissolves naturally
occurring minerals and, in some cases, radioactive material, and can pick up
substances resulting from the presence of animals or from human activity.
(ii)
Contaminants that may be present in source water include:
(A)
Microbial contaminants, such as viruses and bacteria, which may
come from sewage treatment plants, septic systems, agricultural
livestock operations, and wildlife.
(B)
Inorganic contaminants, such as salts and metals, which can be
naturally occurring or result from urban storm water runoff,
Section “F”: Community Water Systems
162
industrial or domestic wastewater discharges, oil and gas production,
mining, or farming.
(C)
Pesticides and herbicides, which may come from a variety of
sources such as agriculture, urban storm water runoff, and residential
uses.
(D)
Organic chemical contaminants, including synthetic and volatile
organic chemicals, which are byproducts of industrial processes and
petroleum production, and can also come from gas stations, urban
storm water runoff, and septic systems.
(E)
Radioactive contaminants, which can be naturally-occurring or be the
result of oil and gas production and mining activities.
(iii) In order to ensure that tap water is safe to drink, EPA prescribes regulations
which limit the amount of certain contaminants in water provided by public
water systems. FDA regulations establish limits for contaminants in bottled
water which must provide the same protection for public health.
(iv)
Drinking water, including bottled water, may reasonably be expected to
contain at least small amounts of some contaminants. The presence of
contaminants does not necessarily indicate that water poses a health risk.
More information about contaminants and potential health effects can be
obtained by calling the Environmental Protection Agency's Safe Drinking
Water Hotline (800-426-4791).
(2)
The report must include the telephone number of the owner, operator, or designee
of the community water system as a source of additional information concerning
the report.
(3)
In communities with a large proportion of non-English speaking residents, as
determined by the Director, the report must contain information in the appropriate
language(s) regarding the importance of the report or contain a telephone number
or address where such residents may contact the system to obtain a translated copy
of the report or assistance in the appropriate language.
(4)
The report must include information (e.g., time and place of regularly scheduled
board meetings) about opportunities for public participation in decisions that may
affect the quality of the water.
(5)
The systems may include such additional information as they deem necessary for
public education consistent with, and not detracting from, the purpose of the
report.
Section “F”: Community Water Systems
163
16.10 (4)
Required Additional Health Information
(a)
All reports must prominently display the following language:
Some people may be more vulnerable to contaminants in drinking water than the general
population. Immuno-compromised persons such as persons with cancer undergoing
chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or
other immune system disorders, some elderly, and infants can be particularly at risk from
infections. These people should seek advice about drinking water from their health care
providers. EPA/CDC guidelines on appropriate means to lessen the risk of infection by
Cryptosporidium and other microbial contaminants are available from the Safe Drinking
Water Hotline (800-426-4791).
(b)
A system which detects arsenic at levels above 25 µg/ l, but below the MCL:
(1)
Must include in its report a short informational statement about arsenic, using
language such as: EPA is reviewing the drinking water standard for arsenic because
of special concerns that it may not be stringent enough. Arsenic is a
naturally-occurring mineral known to cause cancer in humans at high
concentrations.
(2)
May write its own educational statement, but only in consultation with the
Director.
(c)
A system which detects nitrate at levels above 5 mg/l, but below the MCL:
(1)
Must include a short informational statement about the impacts of nitrate on
children using language such as: Nitrate in drinking water at levels above 10 ppm is
a health risk for infants of less than six months of age. High nitrate levels in
drinking water can cause blue baby syndrome. Nitrate levels may rise quickly for
short periods of time because of rainfall or agricultural activity. If you are caring
for an infant you should ask advice from your health care provider.
(2)
May write its own educational statement, but only in consultation with the
Director.
(d)
Systems which detect lead above the action level in more than 5%, but fewer that 10%, of
homes sampled:
(1)
Must include a short informational statement about the special impact of lead on
children using language such as: Infants and young children are typically more
vulnerable to lead in drinking water than the general population. It is possible that
lead levels at your home may be higher than at other homes in the community as a
result of materials used in your home's plumbing. If you are concerned about
elevated lead levels in your home's water, you may wish to have your water tested
Section “F”: Community Water Systems
164
and flush your tap for 30 seconds to 2 minutes before using tap water. Additional
information is available from the Safe Drinking Water Hotline (800-426-4791).
(2)
May write its own educational statement, but only in consultation with the
Director.
16.10 (5)
Report Delivery and Recordkeeping
(a)
Except as provided in paragraph (g) of this section, each community water system must
mail or otherwise directly deliver one copy of the report to each customer.
(b)
The system must make a good faith effort to reach consumers who do not get water bills,
using means recommended by the Director. It is expected that an adequate good faith
effort will be tailored to the consumers who are served by the system but are not
bill-paying customers, such as renters or workers. A good faith effort to reach consumers
would include a mix of methods appropriate to the particular system such as: Posting the
reports on the Internet; mailing to postal patrons in metropolitan areas; advertising the
availability of the report in the news media; publication in a local newspaper; posting in
public places such as cafeterias or lunch rooms of public buildings; delivery of multiple
copies for distribution by single-biller customers such as apartment buildings or large
private employers; delivery to community organizations.
(c)
No later than the date the system is required to distribute the report to its customers, each
community water system must mail a copy of the report to the Director, followed within 3
months by a certification that the report has been distributed to customers, and that the
information is correct and consistent with the compliance monitoring data previously
submitted to the Director.
(d)
No later than the date the system is required to distribute the report to its customers, each
community water system must deliver the report to any other agency or clearinghouse
identified by the Director.
(e)
Each community water system must make its reports available to the public upon request.
(f)
Each community water system serving 100,000 or more persons must post its current
year's report to a publicly-accessible site on the Internet.
(g)
Any system subject to this section must retain copies of its consumer confidence report
for no less than 5 years.
Section “F”: Community Water Systems
165
Appendix A to Section 16.10--Converting MCL Compliance Values for Consumer Confidence Reports
Key
AL=Action Level
MCL=Maximum Contaminant Level
MCLG=Maximum Contaminant Level Goal
MFL=million fibers per liter
mrem/year=millirems per year (a measure of radiation absorbed by the body)
NTU=Nephelometric Turbidity Units
pCi/l=picocuries per liter (a measure of radioactivity)
ppm=parts per million, or milligrams per liter (mg/l)
ppb=parts per billion, or micrograms per liter (µ/l)
ppt=parts per trillion, or nanograms per liter
ppq=parts per quadrillion, or picograms per liter
TT=Treatment Technique
Contaminant
MCL in
compliance units
(mg/L)
multiply by
. . .
MCL in CCR Units
MCLG
in CCR
units
Microbiological Contaminants
1. Total Coliform Bacteria........
.....................
.................
Presence of coliform bacteria in ≥5% of
monthly samples.
0
2. Fecal coliform and E. coli.....
.....................
.................
A routine sample and a repeat sample
are total coliform positive, and one is
also fecal coliform or E. coli positive.
0
3. Turbidity...................... .
....................
.................
TT (NTU).............
n/a
Radioactive Contaminants
4. Beta/photon emitters.............
4 mrem/yr............
.................
4 mrem/yr............
0
5. Alpha emitters................
15 pCi/l.............
.................
15 pCi/l.............
0
6. Combined radium.............
5 pCi/l..............
....................
5 pCi/l..............
0
Inorganic Contaminants
7. Antimony.......................
.006.................
1000
6 ppb................
6
8. Arsenic......................
.05..................
1000
50 ppb...............
.n/a
9. Asbestos........................
7 MFL................
.................
7 MFL...............
7
10. Barium........................
2....................
.................
2 ppm................
2
11. Beryllium...................
.004.................
1000
4 ppb................
4
12. Cadmium......................
.005.................
1000
5 ppb................
5
13. Chromium.....................
.1...................
1000
100 ppb..............
100
14. Copper........................
AL=1.3...............
.................
AL=1.3 ppm...........
1.3
Section “F”: Community Water Systems
166
Contaminant
MCL in
compliance units
(mg/L)
multiply by
. . .
MCL in CCR Units
MCLG
in CCR
units
15. Cyanide.......................
.2...................
1000
200 ppb..............
200
16. Fluoride......................
4....................
.................
4 ppm................
4
17. Lead.........................
AL=.015..............
1000
AL=15 ppb............
0
18. Mercury (inorganic)..........
.002.................
1000
2 ppb................
2
19. Nitrate (as Nitrogen)........
10...................
.................
10 ppm...............
10
20. Nitrite (as Nitrogen).........
1....................
.................
1 ppm................
1
21. Selenium......................
.05..................
1000
50 ppb...............
50
22. Thallium.....................
.002.................
1000
2 ppb................
0.5
Synthetic Organic Contaminants
including Pesticides and
Herbicides
23. 2,4-D......................... .
.07.................
1000
70 ppb...............
70
24. 2,4,5-TP [Silvex].............
.05..................
1000
50 ppb...............
50
25. Acrylamide....................
.....................
.................
TT...................
0
26. Alachlor......................
.002.................
1000
2 ppb................
0
27. Atrazine......................
.003.................
1000
3 ppb................
3
28. Benzo(a)pyrene [PAH]..........
.0002................
1,000,000
200 ppt..............
0
29. Carbofuran....................
.04..................
1000
40 ppb...............
40
30. Chlordane...................
.002.................
1000
2 ppb................
0
31. Dalapon.......................
.2...................
1000
200 ppb..............
200
32. Di(2-ethylhexyl)adipate.......
.4...................
1000
400 ppb..............
400
33. Di(2-ethylhexyl) phthalate...
.006.................
1000
6 ppb................
0
34. Dibromochloropropane..........
.0002................
1,000,000
200 ppt..............
0
35. Dinoseb.......................
.007.................
1000
7 ppb................
7
36. Diquat........................
.02..................
1000
20 ppb...............
20
37. Dioxin [2,3,7,8-TCDD].........
.00000003............
1,000,000,000
30 ppq...............
0
38. Endothall....................
.1...................
1000
100 ppb..............
100
39. Endrin.......................
.002.................
1000
2 ppb................
2
40. Epichlorohydrin...............
.....................
.................
TT...................
0
Section “F”: Community Water Systems
167
Contaminant
MCL in
compliance units
(mg/L)
multiply by
. . .
MCL in CCR Units
MCLG
in CCR
units
41. Ethylene dibromide............
.00005...............
1,000,000
50 ppt...............
0
42. Glyphosate....................
.7...................
1000
700 ppb..............
700
43. Heptachlor....................
.0004................
1,000,000
400 ppt..............
0
44. Heptachlor epoxide............
.0002................
1,000,000
200 ppt..............
0
45. Hexachlorobenzene.............
.001.................
1000
1 ppb................
0
46. Hexachloro-cyclopentadiene....
.05..................
1000
50 ppb...............
50
47. Lindane.......................
.0002................
1,000,000
200 ppt..............
200
48. Methoxychlor..................
.04..................
1000
40 ppb...............
40
49. Oxamyl [Vydate]...............
.2...................
1000
200 ppb..............
200
50. PCBs [Polychlorinated
biphenyls].
.0005................
1,000,000
500 ppt..............
0
51. Pentachlorophenol.............
.001.................
1000
1 ppb................
0
52. Picloram......................
.5...................
1000
500 ppb..............
500
53. Simazine.....................
.004.................
1000
4 ppb................
4
54.Toxaphene.....................
.003.................
1000
3 ppb................
0
Volatile Organic Contaminants
55. Benzene.......................
.005.................
1000
5 ppb................
0
56. Carbon tetrachloride..........
.005.................
1000
5 ppb................
0
57. Chlorobenzene.................
.1...................
1000
100 ppb..............
100
58. o-Dichlorobenzene.............
.6...................
1000
600 ppb..............
600
59. p-Dichlorobenzene.............
.075.................
1000
75 ppb...............
75
60. 1,2-Dichloroethane............
.005.................
1000
5 ppb................
0
61. 1,1-Dichloroethylene..........
.007.................
1000
7 ppb................
7
62. cis-1,2-Dichloroethylene......
.07..................
1000
70 ppb...............
70
63. trans-1,2-Dichloroethylene....
.1...................
1000
100 ppb..............
100
64. Dichloromethane...............
.005.................
1000
5 ppb................
0
65. 1,2-Dichloropropane...........
.005.................
1000
5 ppb................
0
66. Ethylbenzene..................
.7...................
1000
700 ppb..............
700
Section “F”: Community Water Systems
168
Contaminant
MCL in
compliance units
(mg/L)
multiply by
. . .
MCL in CCR Units
MCLG
in CCR
units
67. Styrene.......................
.1...................
1000
100 ppb..............
100
68. Tetrachloroethylene...........
.005.................
1000
5 ppb................
0
69. 1,2,4-Trichlorobenzene........
.07..................
1000
70 ppb...............
70
70. 1,1,1-Trichloroethane.........
.2...................
1000
200 ppb..............
200
71. 1,1,2-Trichloroethane.........
.005.................
1000
5 ppb................
3
72. Trichloroethylene.............
.005.................
1000
5 ppb................
0
73. TTHMs [Total trihalomethanes].
.10..................
1000
100 ppb..............
0
74. Toluene.......................
1....................
................
1 ppm................
1
75. Vinyl Chloride................
.002.................
1000
2 ppb................
0
76. Xylenes.......................
10...................
.................
10 ppm...............
10
Section “F”: Community Water Systems
169
Appendix B to Section 16.10--Regulated Contaminants
Key
AL=Action Level
MCL=Maximum Contaminant Level
MCLG=Maximum Contaminant Level Goal
MFL=million fibers per liter
mrem/year=millirems per year (a measure of radiation absorbed by the body)
NTU=Nephelometric Turbidity Units
pCi/l=picocuries per liter (a measure of radioactivity)
ppm=parts per million, or milligrams per liter (mg/l)
ppb=parts per billion, or micrograms per liter (µ/l)
ppt=parts per trillion, or nanograms per liter
ppq=parts per quadrillion, or picograms per liter
TT=Treatment Technique
Contaminant (units)
MCLG
MCL
Major Sources in Drinking Water
Microbiological Contaminants
1. Total Coliform Bacteria.............
0
Presence of coliform
bacteria in ≥5% of
monthly samples.
Naturally present in the environment.
2. Fecal coliform and E. coli..........
0
A routine sample
and a repeat
sample are total
coliform positive,
and one is also fecal
coliform or E. coli
positive.
Human and animal fecal waste.
3. Turbidity...........................
n/a
TT.......................
Soil runoff.
Radioactive Contaminants
4. Beta/photon emitters (mrem/yr)......
0
4........................
Decay of natural and man-made deposits.
5. Alpha emitters (pCi/l)..............
0
15.......................
Erosion of natural deposits.
6. Combined radium (pCi/l).............
0
5........................
Erosion of natural deposits.
Inorganic Contaminants
7. Antimony (ppb)......................
6
6........................
Discharge from petroleum refineries; fire retardants;
ceramics; electronics; solder.
8. Arsenic (ppb).......................
n/a
50.......................
Erosion of natural deposits; Runoff from orchards; Runoff
from glass and electronics production wastes.
9. Asbestos (MFL)......................
7
7........................
Decay of asbestos cement water mains; Erosion of natural
deposits.
10. Barium (ppm).......................
2
2........................
Discharge of drilling wastes; Discharge from metal
refineries; Erosion of natural deposits.
Section “F”: Community Water Systems
170
Contaminant (units)
MCLG
MCL
Major Sources in Drinking Water
11. Beryllium (ppb)....................
4
4........................
Discharge from metal refineries and coal-burning factories;
Discharge from electrical, aerospace, and defense
industries.
12. Cadmium (ppb)......................
5
5........................
Corrosion of galvanized pipes; Erosion of natural deposits;
Discharge from metal refineries; runoff from waste batteries
and paints.
13. Chromium (ppb).....................
100
100......................
Discharge from steel and pulp mills; Erosion of natural
deposits.
14. Copper (ppm).......................
1.3
AL=1.3...................
Corrosion of household plumbing systems; Erosion of
natural deposits; Leaching from wood preservatives.
15. Cyanide (ppb)......................
200
200......................
Discharge from steel/metal factories; Discharge from
plastic and fertilizer
factories.
16. Fluoride (ppm).....................
4
4........................
Erosion of natural deposits; Water additive which
promotes strong teeth; Discharge from fertilizer and
aluminum factories.
17. Lead (ppb).........................
0
AL=15....................
Corrosion of household plumbing systems; Erosion of
natural deposits.
18. Mercury [inorganic] (ppb)..........
2
2........................
Erosion of natural deposits; Discharge from refineries and
factories; Runoff from landfills; Runoff from cropland.
19. Nitrate [as Nitrogen] (ppm)........
10
10.......................
Runoff from fertilizer use; Leaching from septic tanks,
sewage; Erosion of natural deposits.
20. Nitrite [as Nitrogen] (ppm)........
1
1........................
Runoff from fertilizer use; Leaching from septic tanks,
sewage; Erosion of natural deposits.
21. Selenium (ppb).....................
50
50.......................
Discharge from petroleum and metal refineries; Erosion of
natural deposits; Discharge from mines.
22. Thallium (ppb).....................
0.5
2........................
Leaching from ore-processing sites; Discharge from
electronics, glass, and drug factories.
Synthetic Organic Contaminants
Including Pesticides and Herbicides
23. 2,4-D (ppb)........................
70
70.......................
Runoff from herbicide used on row crops.
24. 2,4,5-TP [Silvex] (ppb)............
50
50.......................
Residue of banned herbicide.
25. Acrylamide.........................
0
TT.......................
Added to water during sewage/wastewater treatment.
26. Alachlor (ppb).....................
0
2........................
Runoff from herbicide used on row crops.
27. Atrazine (ppb).....................
3
3........................
Runoff from herbicide used on row crops.
28. Benzo(a)pyrene [PAH]
(nanograms/l).
0
200......................
Leaching from linings of water storage tanks and
distribution lines.
Section “F”: Community Water Systems
171
Contaminant (units)
MCLG
MCL
Major Sources in Drinking Water
29. Carbofuran (ppb)...................
40
40.......................
Leaching of soil fumigant used on rice and alfalfa.
30. Chlordane (ppb)....................
0
2........................
Residue of banned termiticide.
31. Dalapon (ppb)......................
200
200......................
Runoff from herbicide used on rights of way.
32. Di(2-ethylhexyl) adipate (ppb).....
400
400......................
Discharge from chemical factories.
33. Di(2-ethylhexyl) phthalate (ppb)...
0
6........................
Discharge from rubber and chemical factories.
34. Dibromochloropropane (ppt)........
0
200......................
Runoff/leaching from soil fumigant used on soybeans,
cotton, pineapples, and orchards.
35. Dinoseb (ppb)......................
7
7........................
Runoff from herbicide used on soybeans and vegetables.
36. Diquat (ppb).......................
20
20.......................
Runoff from herbicide use.
37. Dioxin [2,3,7,8-TCDD] (ppq).......
0
30.......................
Emissions from waste incineration and other combustion;
Discharge from chemical factories.
38. Endothall (ppb)....................
100
100......................
Runoff from herbicide use.
39. Endrin (ppb).......................
2
2........................
Residue of banned insecticide.
40. Epichlorohydrin....................
0
TT.......................
Discharge from industrial chemical factories; An impurity
of some water treatment chemicals.
41. Ethylene dibromide (ppt)...........
0
50.......................
Discharge from petroleum refineries
42. Glyphosate (ppb)...................
700
700......................
Runoff from herbicide use.
43. Heptachlor (ppt)...................
0
400......................
Residue of banned termiticide.
44. Heptachlor epoxide (ppt)...........
0
200......................
Breakdown of heptachlor.
45. Hexachlorobenzene (ppb)............
0
1........................
Discharge from metal refineries and agricultural
chemical factories.
46. Hexachlorocyclopentadiene (ppb).
50
50.......................
Discharge from chemical factories.
47. Lindane (ppt)......................
200
200......................
Runoff/leaching from insecticide used on cattle, lumber,
gardens.
48. Methoxychlor (ppb).................
40
40.......................
Runoff/leaching from insecticide used on fruits,
vegetables, alfalfa, livestock.
49. Oxamyl [Vydate](ppb)...............
200
200......................
Runoff/leaching from insecticide used on apples, potatoes
and tomatoes.
50. PCBs [Polychlorinated biphenyls]
(ppt).
0
500......................
Runoff from landfills; Discharge of waste chemicals.
51. Pentachlorophenol (ppb)............
0
1........................
Discharge from wood preserving factories.
52. Picloram (ppb).....................
500
500......................
Herbicide runoff.
Section “F”: Community Water Systems
172
Contaminant (units)
MCLG
MCL
Major Sources in Drinking Water
53. Simazine (ppb).....................
4
4........................
Herbicide runoff.
54. Toxaphene (ppb)....................
0
3........................
Runoff/leaching from insecticide used on cotton and cattle.
Volatile Organic Contaminants
55. Benzene (ppb)......................
0
5........................
Discharge from factories; Leaching from gas storage
tanks and landfills.
56. Carbon tetrachloride (ppb).........
0
5........................
Discharge from chemical plants and other industrial
activities.
57. Chlorobenzene (ppb)................
100
100......................
Discharge from chemical and agricultural chemical
factories.
58. o-Dichlorobenzene (ppb)............
600
600......................
Discharge from industrial chemical factories.
59. p-Dichlorobenzene (ppb)............
75
75.......................
Discharge from industrial chemical factories.
60. 1,2-Dichloroethane (ppb)...........
0
5........................
Discharge from industrial chemical factories.
61. 1,1-Dichloroethylene (ppb).........
7
7........................
Discharge from industrial chemical factories.
62. cis-1,2-Dichloroethylene (ppb)
70
70.......................
Discharge from industrial chemical factories.
63. trans-1,2-Dichloroethylene (ppb).
100
100......................
Discharge from industrial chemical factories.
64. Dichloromethane (ppb)..............
0
5........................
Discharge from pharmaceutical and chemical factories.
65. 1,2-Dichloropropane (ppb)..........
0
5........................
Discharge from industrial chemical factories.
66. Ethylbenzene (ppb).................
700
700......................
Discharge from petroleum refineries.
67. Styrene (ppb)......................
100
100......................
Discharge from rubber and plastic factories; Leaching from
landfills.
68. Tetrachloroethylene (ppb)..........
0
5........................
Leaching from PVC pipes; Discharge from factories and dry
cleaners.
69. 1,2,4-Trichlorobenzene (ppb).......
70
70.......................
Discharge from textile- finishing factories.
70. 1,1,1-Trichloroethane (ppb)........
200
200......................
Discharge from metal degreasing sites and other
factories.
71. 1,1,2-Trichloroethane (ppb)........
3
5........................
Discharge from industrial chemical factories.
72. Trichloroethylene (ppb)............
0
5........................
Discharge from metal degreasing sites and other
factories.
73. TTHMs [Total trihalomethanes]
(ppb)
0
100......................
By-product of drinking water chlorination.
74. Toluene (ppm)......................
1
1........................
Discharge from petroleum factories.
75. Vinyl Chloride (ppb)...............
0
2........................
Leaching from PVC piping; Discharge from plastics
factories.
Section “F”: Community Water Systems
173
Contaminant (units)
MCLG
MCL
Major Sources in Drinking Water
76. Xylenes (ppm)......................
10
10.......................
Discharge from petroleum factories; Discharge from
chemical factories.
Section “F”: Community Water Systems
174
Appendix C to Section 16.10--Health Effects Language
Microbiological Contaminants
(1)
Total Coliform. Coliforms are bacteria that are naturally present in the environment and are
used as an indicator that other, potentially-harmful, bacteria may be present. Coliforms
were found in more samples than allowed and this was a warning of potential problems.
(2)
Fecal coliform/E.Coli. Fecal coliforms and E. coli are bacteria whose presence indicates
that the water may be contaminated with human or animal wastes. Microbes in these wastes
can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other
symptoms. They may pose a special health risk for infants, young children, and people with
severely compromised immune systems.
(3)
Turbidity. Turbidity has no health effects. However, turbidity can interfere with
disinfection and provide a medium for microbial growth. Turbidity may indicate the
presence of disease-causing organisms. These organisms include bacteria, viruses, and
parasites that can cause symptoms such as nausea, cramps, diarrhea, and associated
headaches.
Radioactive Contaminants
(4)
Beta/photon emitters. Certain minerals are radioactive and may emit forms of radiation
known as photons and beta radiation. Some people who drink water containing beta and
photon emitters in excess of the MCL over many years may have an increased risk of
getting cancer.
(5)
Alpha emitters. Certain minerals are radioactive and may emit a form of radiation known as
alpha radiation. Some people who drink water containing alpha emitters in excess of the
MCL over many years may have an increased risk of getting cancer.
(6)
Combined Radium 226/228. Some people who drink water containing radium 226 or 228 in
excess of the MCL over many years may have an increased risk of getting cancer.
Inorganic Contaminants
(7)
Antimony. Some people who drink water containing antimony well in excess of the MCL
over many years could experience increases in blood cholesterol and decreases in blood
sugar.
(8)
Arsenic. Some people who drink water containing arsenic in excess of the MCL over many
years could experience skin damage or problems with their circulatory system, and may
have an increased risk of getting cancer.
Section “F”: Community Water Systems
175
(9)
Asbestos. Some people who drink water containing asbestos in excess of the MCL over
many years may have an increased risk of developing benign intestinal polyps.
(10)
Barium. Some people who drink water containing barium in excess of the MCL over many
years could experience an increase in their blood pressure.
(11)
Beryllium. Some people who drink water containing beryllium well in excess of the MCL
over many years could develop intestinal lesions.
(12)
Cadmium. Some people who drink water containing cadmium in excess of the MCL over
many years could experience kidney damage.
(13)
Chromium. Some people who use water containing chromium well in excess of the MCL
over many years could experience allergic dermatitis.
(14)
Copper. Copper is an essential nutrient, but some people who drink water containing
copper in excess of the action level over a relatively short amount of time could
experience gastrointestinal distress. Some people who drink water containing copper in
excess of the action level over many years could suffer liver or kidney damage. People
with Wilson's Disease should consult their personal doctor.
(15)
Cyanide. Some people who drink water containing cyanide well in excess of the MCL over
many years could experience nerve damage or problems with their thyroid.
(16)
Fluoride. Some people who drink water containing fluoride in excess of the MCL over
many years could get bone disease, including pain and tenderness of the bones. Children
may get mottled teeth.
(17)
Lead. Infants and children who drink water containing lead in excess of the action level
could experience delays in their physical or mental development. Children could show
slight deficits in attention span and learning abilities. Adults who drink this water over
many years could develop kidney problems or high blood pressure.
(18)
Mercury (inorganic). Some people who drink water containing inorganic mercury well in
excess of the MCL over many years could experience kidney damage.
(19)
Nitrate. Infants below the age of six months who drink water containing nitrate in excess
of the MCL could become seriously ill and, if untreated, may die. Symptoms include
shortness of breath and blue-baby syndrome.
(20)
Nitrite. Infants below the age of six months who drink water containing nitrite in excess of
the MCL could become seriously ill and, if untreated, may die. Symptoms include
shortness of breath and blue-baby syndrome.
Section “F”: Community Water Systems
176
(21)
Selenium. Selenium is an essential nutrient. However, some people who drink water
containing selenium in excess of the MCL over many years could experience hair or
fingernail losses, numbness in fingers or toes, or problems with their circulation.
(22)
Thallium. Some people who drink water containing thallium in excess of the MCL over
many years could experience hair loss, changes in their blood, or problems with their
kidneys, intestines, or liver.
Synthetic Organic Contaminants Including Pesticides and Herbicides
(23)
2,4-D. Some people who drink water containing the weed killer 2,4-D well in excess of the
MCL over many years could experience problems with their kidneys, liver, or adrenal
glands.
(24)
2,4,5-TP (Silvex). Some people who drink water containing silvex in excess of the MCL
over many years could experience liver problems.
(25)
Acrylamide. Some people who drink water containing high levels of acrylamide over a long
period of time could have problems with their nervous system or blood, and may have an
increased risk of getting cancer.
(26)
Alachlor. Some people who drink water containing alachlor in excess of the MCL over
many years could have problems with their eyes, liver, kidneys, or spleen, or experience
anemia, and may have an increased risk of getting cancer.
(27)
Atrazine. Some people who drink water containing atrazine well in excess of the MCL over
many years could experience problems with their cardiovascular system or reproductive
difficulties.
(28)
Benzo(a)pyrene (PAH). Some people who drink water containing benzo(a)pyrene in excess
of the MCL over many years may experience reproductive difficulties and may have an
increased risk of getting cancer.
(29)
Carbofuran. Some people who drink water containing carbofuran in excess of the MCL
over many years could experience problems with their blood, or nervous or reproductive
systems.
(30)
Chlordane. Some people who drink water containing chlordane in excess of the MCL over
many years could experience problems with their liver or nervous system, and may have an
increased risk of getting cancer.
(31)
Dalapon. Some people who drink water containing dalapon well in excess of the MCL over
many years could experience minor kidney changes.
Section “F”: Community Water Systems
177
(32)
Di (2-ethylhexyl) adipate. Some people who drink water containing di (2-ethylhexyl)
adipate well in excess of the MCL over many years could experience general toxic effects
or reproductive difficulties.
(33)
Di (2-ethylhexyl) phthalate. Some people who drink water containing di (2-ethylhexyl)
phthalate in excess of the MCL over many years may have problems with their liver, or
experience reproductive difficulties, and may have an increased risk of getting cancer.
(34)
Dibromochloropropane (DBCP). Some people who drink water containing DBCP in excess
of the MCL over many years could experience reproductive difficulties and may have an
increased risk of getting cancer.
(35)
Dinoseb. Some people who drink water containing dinoseb well in excess of the MCL over
many years could experience reproductive difficulties.
(36)
Dioxin (2,3,7,8-TCDD). Some people who drink water containing dioxin in excess of the
MCL over many years could experience reproductive difficulties and may have an
increased risk of getting cancer.
(37)
Diquat. Some people who drink water containing diquat in excess of the MCL over many
years could get cataracts.
(38)
Endothall. Some people who drink water containing endothall in excess of the MCL over
many years could experience problems with their stomach or intestines.
(39)
Endrin. Some people who drink water containing endrin in excess of the MCL over many
years could experience liver problems.
(40)
Epichlorohydrin. Some people who drink water containing high levels of epichlorohydrin
over a long period of time could experience stomach problems, and may have an increased
risk of getting cancer.
(41)
Ethylene dibromide. Some people who drink water containing ethylene dibromide in excess
of the MCL over many years could experience problems with their liver, stomach,
reproductive system, or kidneys, and may have an increased risk of getting cancer.
(42)
Glyphosate. Some people who drink water containing glyphosate in excess of the MCL
over many years could experience problems with their kidneys or reproductive difficulties.
(43)
Heptachlor. Some people who drink water containing heptachlor in excess of the MCL
over many years could experience liver damage and may have an increased risk of getting
cancer.
Section “F”: Community Water Systems
178
(44)
Heptachlor epoxide. Some people who drink water containing heptachlor epoxide in excess
of the MCL over many years could experience liver damage, and may have an increased
risk of getting cancer.
(45)
Hexachlorobenzene. Some people who drink water containing hexachlorobenzene in excess
of the MCL over many years could experience problems with their liver or kidneys, or
adverse reproductive effects, and may have an increased risk of getting cancer.
(46)
Hexachlorocyclopentadiene.
Some
people
who
drink
water
containing
hexachlorocyclopentadiene well in excess of the MCL over many years could experience
problems with their kidneys or stomach.
(47)
Lindane. Some people who drink water containing lindane in excess of the MCL over many
years could experience problems with their kidneys or liver.
(48)
Methoxychlor. Some people who drink water containing methoxychlor in excess of the
MCL over many years could experience reproductive difficulties.
(49)
Oxamyl [Vydate]. Some people who drink water containing oxamyl in excess of the MCL
over many years could experience slight nervous system effects.
(50)
PCBs [Polychlorinated biphenyls]. Some people who drink water containing PCBs in
excess of the MCL over many years could experience changes in their skin, problems with
their thymus gland, immune deficiencies, or reproductive or nervous system difficulties,
and may have an increased risk of getting cancer.
(51)
Pentachlorophenol. Some people who drink water containing pentachlorophenol in excess
of the MCL over many years could experience problems with their liver or kidneys, and
may have an increased risk of getting cancer.
(52)
Picloram. Some people who drink water containing picloram in excess of the MCL over
many years could experience problems with their liver.
(53)
Simazine. Some people who drink water containing simazine in excess of the MCL over
many years could experience problems with their blood.
(54)
Toxaphene. Some people who drink water containing toxaphene in excess of the MCL over
many years could have problems with their kidneys, liver, or thyroid, and may have an
increased risk of getting cancer.
Volatile Organic Contaminants
(55) Benzene. Some people who drink water containing benzene in excess of the MCL over
many years could experience anemia or a decrease in blood platelets, and may have an
increased risk of getting cancer.
Section “F”: Community Water Systems
179
(56)
Carbon Tetrachloride. Some people who drink water containing carbon tetrachloride in
excess of the MCL over many years could experience problems with their liver and may
have an increased risk of getting cancer.
(57)
Chlorobenzene. Some people who drink water containing chlorobenzene in excess of the
MCL over many years could experience problems with their liver or kidneys.
(58)
o-Dichlorobenzene. Some people who drink water containing o-dichlorobenzene well in
excess of the MCL over many years could experience problems with their liver, kidneys,
or circulatory systems.
(59)
p-Dichlorobenzene. Some people who drink water containing p-dichlorobenzene in excess
of the MCL over many years could experience anemia, damage to their liver, kidneys, or
spleen, or changes in their blood.
(60)
1,2-Dichloroethane. Some people who drink water containing 1,2-dichloroethane in excess
of the MCL over many years may have an increased risk of getting cancer.
(61)
1,1-Dichloroethylene. Some people who drink water containing 1,1-dichloroethylene in
excess of the MCL over many years could experience problems with their liver.
(62)
cis-1,2-Dichloroethylene.
Some
people
who
drink
water
containing
cis-1,2-dichloroethylene in excess of the MCL over many years could experience
problems with their liver.
(63)
trans-1,2-Dicholoroethylene.
Some
people
who
drink
water
containing
trans-1,2-dichloroethylene well in excess of the MCL over many years could experience
problems with their liver.
(64)
Dichloromethane. Some people who drink water containing dichloromethane in excess of
the MCL over many years could have liver problems and may have an increased risk of
getting cancer.
(65)
1,2-Dichloropropane. Some people who drink water containing 1,2-dichloropropane in
excess of the MCL over many years may have an increased risk of getting cancer.
(66)
Ethylbenzene. Some people who drink water containing ethylbenzene well in excess of the
MCL over many years could experience problems with their liver or kidneys.
(67)
Styrene. Some people who drink water containing styrene well in excess of the MCL over
many years could have problems with their liver, kidneys, or circulatory system.
Section “G”: Non-Community Water Systems
180
(68)
Tetrachloroethylene. Some people who drink water containing tetrachloroethylene in
excess of the MCL over many years could have problems with their liver, and may have an
increased risk of getting cancer.
(69)
1,2,4-Trichlorobenzene. Some people who drink water containing 1,2,4-trichlorobenzene
well in excess of the MCL over many years could experience changes in their adrenal
glands.
(70)
1,1,1,-Trichloroethane. Some people who drink water containing 1,1,1-trichloroethane in
excess of the MCL over many years could experience problems with their liver, nervous
system, or circulatory system.
(71)
1,1,2-Trichloroethane. Some people who drink water containing 1,1,2-trichloroethane well
in excess of the MCL over many years could have problems with their liver, kidneys, or
immune systems.
(72)
Trichloroethylene. Some people who drink water containing trichloroethylene in excess of
the MCL over many years could experience problems with their liver and may have an
increased risk of getting cancer.
(73)
TTHMs [Total Trihalomethanes]. Some people who drink water containing trihalomethanes
in excess of the MCL over many years may experience problems with their liver, kidneys,
or central nervous systems, and may have an increased risk of getting cancer.
(74)
Toluene. Some people who drink water containing toluene well in excess of the MCL over
many years could have problems with their nervous system, kidneys, or liver.
(75)
Vinyl Chloride. Some people who drink water containing vinyl chloride in excess of the
MCL over many years may have an increased risk of getting cancer.
(76)
Xylenes. Some people who drink water containing xylenes in excess of the MCL over many
years could experience damage to their nervous system.
September 21, 2001
DWQ-commwatersystems -section f-refiling-jan02.doc
Section “G”: Non-Community Water Systems
181
Section 17.0 Non-community Water System Requirements
17.1 Microbiological
a)
Routine monitoring: Public water systems must collect total coliform samples at sites
which are representative of water throughout the distribution system according to a written
sample siting plan. At least one representative sample shall be collected each calendar
quarter when the system is in operation. These plans are subject to review and revision by
the director.
Monitoring Frequency: For total coliforms for non-community water systems is as
follows:
i)
a non-community water system using only ground water and serving 1,000 persons
or fewer must monitor each calendar quarter that the system provides water to the
public.
ii)
a non-community water systems using only ground water , and serving more than
1000 persons during any month must monitor at the same frequency as a like-sized
community water system, as specified in section 16.4 a of these regulations.
iii)
A non-community water system using surface water in total or in part, must
monitor at the same frequency as a like-sized community water system as specified
in section 16.4 a of these regulations.
iv)
A non-community water system using ground water under the direct influence of
surface water, as determined by the director, in total or in part must monitor at the
same frequency as a like-sized community water system, as specified in Section
16.4 a) of these regulations, within 6 months of said determination by the director.
b)
The following requirements for public water systems found in Section 16.4 also apply to
non-community water systems. This includes Sections:
16.4a)2)and 3)
Routine Monitoring;
16.4b)
Analytical Methodology;
16.4c)
Maximum Contaminant Levels for Microbiological Contaminants;
16.4d)
Repeat Monitoring;
16.4e)
Fecal Coliforms/E. colitesting;
16.4f)
Invalidation of Samples;
16.4g)
Sanitary Surveys
16.4h)
Reporting Requirements
17.2
Inorganic Chemicals
Section “G”: Non-Community Water Systems
182
Non-transient non-community water systems shall be required to comply with the
requirements of Sections 6 and 16.1 with the following exception. Monitoring and
compliance with the requirements for sodium shall not be required.
a)
Nitrate and Nitrite
The maximum contaminant levels for nitrate, nitrite and combined nitrate and nitrite are as
follows:
Contaminant
MCL (mg/l)
Nitrate
10 (as Nitrogen)
Nitrite
1 (as Nitrogen)
Total Nitrate and Nitrite
10 (as Nitrogen)
When the nitrate or nitrite sampling results indicate an excess of the maximum
contaminant level, a second analyses shall be initiated within 24 hours, and if the mean of
the two analyses exceeds the maximum contaminant level the supplier shall notify the
director and initiate public notification.
Systems unable to comply with the 24-hour sampling requirement must immediately notify
the consumers served by the area served by the public water system in accordance with
Section 17.6. Systems exercising this option must take and analyze a confirmation sample
within two weeks of notification of the analytical results of the first sample.
b)
Monitoring Frequency - The nitrate concentration of each active drinking water source
maintained by a water purveyor shall be determined as required by section 16.1(e) of these
regulations. Beginning January 1, 1993 the nitrite and total nitrate/nitrite concentration
shall also be determined annually.
c)
Analytical Techniques - Nitrate analyses shall be made in accordance with the methods
specified in Appendix 1.
17.3
Organic Chemicals
Non-transient, non-community water systems shall be required to comply with the
requirements of Section 16.2 with the following exceptions. Monitoring and compliance
with the requirements for total trihalomethanes shall not be required.
17.4 Turbidity
Section “G”: Non-Community Water Systems
183
Non-community water systems shall comply with the requirements of Section 16.3.
17.5 Unregulated Contaminants and Special
Non-transient non-community water systems that serve more than 10,000 persons
(effective January 8, 1999) shall be required to monitor for unregulated contaminants in
conformance with Section 16.6 and 16.7.
17.6 Public Notification
a)
Any non-community water system which fails to comply with a maximum contaminant
level, treatment technique, or requirements of any schedule prescribed pursuant to a
variance or exemption issued under these regulations, or which has an occurrence of a
waterborne disease outbreak, shall give notice to the persons served by the water system
within 14 days after the violation or failure, or within 72 hours for violations determined
to be acute by the director. The content of this notice shall be approved by the director.
The notice may be either by hand delivery, or by continuous posting in conspicuous places
within the area served by the system. Notices shall be repeated every 3 months for as long
as the violation or failure exists.
b)
Any non-community water system which fails to perform required monitoring or reporting
of contaminants required by Section 17 of these regulations or fails to comply with testing
procedures established in the regulations, or is subject to an exemption or variance
respecting a maximum contaminant level or any treatment technique requirement
applicable to a national primary drinking water regulation shall give notice within three (3)
months of the violation or the granting of the variance or exemption to the persons served
by the water system. The content of this notice shall be approved by the director. The
notice may be either by hand delivery or by continuous posting in conspicuous places
within the area served by the system. Posting must continue for as long as the violation
exists, or a variance or exemption related to Section 1415 or 1416 of Public Law 93-523
as amended remains in effect. Notice by hand delivery must be repeated at least every
three (3) months for as long as the violation exists or a variance or exemption remains in
effect.
c)
Each notice must provide a clear and readily understandable explanation of the violation,
any potential adverse health effects including the mandatory health effects language
specified in Appendix 2, the population at risk, the steps that the public water system is
taking to correct such violation, the necessity for seeking alternative sources of water, and
any preventative measures the consumer should take until the violation is corrected. Each
notice shall include the telephone number of the owner, operator, or designee of the public
water system as a source of additional information. Where appropriate, the notice shall be
multi-lingual.
Section “H”: Fees & Enforcement
184
17.7 Records
a)
Records of analyses performed by the water purveyor shall be maintained by the water
purveyor. The records shall contain the following information:
1.
The time, date, and place of sampling and the name of the sample collector;
2.
The sampling point and the reason for collection;
3.
Date analysis started and completion date if more than one day is needed;
4.
Name of laboratory and person responsible for performing the analysis;
5.
The analytical technique or method used; and
6.
The results of the analysis.
b)
Records of microbiological examinations shall be readily available for at least 5 years and
records of nitrate analyses and turbidity determinations shall be readily available for 10
years. Any written document relating to a sanitary survey of a public water system shall be
kept for at least 10 years.
c)
Records of action taken to correct a violation of these regulations shall be kept for at least
3 years after the last action taken with respect to the particular violation involved.
d)
Records concerning a variance or exemption granted to a system shall be kept for at least 5
years following the expiration date of such variance or grant.
October 25, 2001
DWQ-noncommwatersystems -section g-refiling-jan02.doc
Section “H”: Fees & Enforcement
185
Section 18.0 Fee Schedule
18.1
Pursuant to the amended section 46-13-3 of the General Laws Chapter 46-13, entitled
"Public Drinking Water Supply", the Director is authorized to charge fees to support the
collection and analysis of samples that are required to meet the minimum monitoring
requirements for public drinking water supplies.
18.2
Any Public Drinking Water Supply for which analytical and collection services are
provided by the R.I. Department of Health to meet the minimum monitoring requirements
for public drinking water is liable for payment of the fee for these services.
18.3
The fee for each chemical, radiological and microbiological test required and conducted
by the Division of Laboratories shall be reasonable and shall be determined on the basis of
current costs for conducting the analysis. Such cost shall include administrative,
personnel, equipment and such other related costs which may be incurred in the analysis.
The laboratory fee schedule is listed in table 18-1.
18.4
The fee for each collection of each sample by the Division of Drinking Water Quality shall
be reasonable and shall be determined on the basis of current costs for such service. The
current sampling fee is $21.00. Sampling fees will be assessed for each on-site visit to the
supply for the purpose of collecting samples. It is the responsibility of the purveyor to
make the necessary operational arrangement for sampling. Scheduled on-site visits
canceled in the field because of lack of proper operational arrangement will be assessed
the sampling fee for the visit and any subsequent visit.
18.5
Payment for scheduled services will be required on the due date. The Department of
Health will provide bills approximately six weeks in advance of the due date. Billing will
be on a quarterly basis. Payment shall be made payable to the General Treasurer, State of
Rhode Island.
18.6
Services will be provided only if payment in full has been received. It remains the
responsibility of the purveyor to meet all compliance testing requirements.
18.7
A surcharge shall be placed on overdue sampling and analysis payments. The surcharge
shall be set at the rate of $5.00 per month.
Section “H”: Fees & Enforcement
186
TABLE 18-1
Laboratory Fee Schedule
Chemical Group
Analysis Code
Test
Fee
Inorganic Chemistry
WL 1
Turbidity
$ 3.00
WL 2
Sediment
3.00
WL 3
Odor
3.00
WL 4
Color
3.00
WL 5
Total Solids
15.00
WL 6
Ignition Solids
15.00
WL 7
Suspended Solids
15.00
WL 8
Settleable Solids
10.00
WL 9
% Moisture
8.00
WL 10
BOD (5 day)
30.00
WL 11
Cyanide
35.00
WL 12
Phosphorous (total)
20.00
WL 13
pH
5.00
WL 14 (lab)
Residual Chlorine
15.00
WL 15
Ammonia Nitrogen
15.00
WL 16
Nitrate
10.00
WL 56
Nitrite
10.00
WL 17
Phosphate (ortho)
20.00
WL 18
Alkalinity
10.00
WL 19
Aluminum
12.00
WL 20
Chloride
10.00
WL 21
Fluoride
12.00
WL 22
Hardness
15.00
WL 23
Iron
12.00
WL 24
Manganese
12.00
WL 25
Sodium
12.00
Section “H”: Fees & Enforcement
187
Chemical Group
Analysis Code
Test
Fee
WL 26
Potassium
12.00
Inorganic Chemistry
WL 27
Calcium
12.00
WL 28
Magnesium
12.00
WL 29
Sulfate
15.00
WL 30
Arsenic
17.00
WL 31
Barium
12.00
WL 32
Cadmium
17.00
WL 33a
Chromium (hex)
15.00
WL 33b
Chromium (total)
17.00
WL 34
Copper
12.00
WL 35
Lead
17.00
WL 36
Mercury
30.00
WL 37
Nickel
12.00
WL 38
Selenium
17.00
WL 39
Silver
17.00
WL 40
Zinc
12.00
WL 41
Specific Conductance
10.00
WL 42
Oil & Grease
30.00
WL 43
MBAS
35.00
WL 44
Antimony
17.00
WL 45
Beryllium
17.00
WL 46
Turbidity (screen)
3.00
WL 47
Thallium
17.00
WL 49
Total Phenol
30.00
WL 50
Foam Screen
3.00
WL A
Inorganic Testing
44.00
Section “H”: Fees & Enforcement
188
Chemical Group
Analysis Code
Test
Fee
WL J
Limited Metals Testing
110.00
WL K
Limited IOC Testing
51.00
WL 55
Composited Sodium
22.00
WL F
Metals
110.00
Volatile Organic Chemistry
TO 2
4 Trihalomethane (THM) and Total
Trihalomethane
100.00
TO 4
Petroleum Hydrocarbons
180.00
TO 12
Water Quality Volatile Organics
200.00
TO 14
Other Base Neutral Extractable
200.00
TO 17
Petroleum Hydrocarbons and TO 12
200.00
TO 25
Method 525 Organic Compounds by
Liquid- Solid Extraction
250.00
Organic Chemistry
PE 4
Carbamates
75.00
PE 18
Pesticides/PCB's, Method 508
173.00
PE 14
EDB and DBCP, Method 504
100.00
PE 19
Chlorinated Acid Herbicides
Method 515.2
200.00
Radiological
RA 1
Gross Alpha
27.00
RA 2
Gross Beta
27.00
Microbiology
SM 1
Total and Fecal Coliform (Non Potable)
25.00
SM 1a
Total and Fecal Coliform (Potable)
25.00
SM 2
Total Coliform MF
15.00
SM 3
Heterotrophic Plate Count
7.00
SM 35
Fecal Coliform (confirmation)
10.00
SM 36
Total Coliform PA method
15.00
SM 34
Total & Focal Coliform (MMO-MUG)
25.00
Sampling
CL 1
Sampling fee (per on site visit)
21.00
Section “H”: Fees & Enforcement
189
Section “H”: Fees & Enforcement
190
Section 19.0 Rules Governing Practices and Procedures
19.1
All hearings and reviews required under the provisions of Chapter 46-13 of the General
Laws of Rhode Island, 1956, as amended, shall be held in accordance with the provisions
of the rules and regulations promulgated by the Rhode Island Department of Health
entitled Rules and Regulations of the Rhode Island Department of Health Regarding Practices
and Procedures Before the Department of Health and Access to Public Records of the
Department of Health (R42-35-PP).
Section 20.0 Violations, Noncompliance, and Enforcement
20.1
In order to obtain and/or maintain any approval, permit, certification, and/or license,
compliance with the provisions of the Act and these regulations is required. Failure to
comply with these requirements of the Act and/or these regulations shall constitute
grounds to revoke, suspend, or otherwise limit or restrict any approval, permit,
certification, and/or license issued by the Director. In addition, any person who violates
the provisions of Chapter 46-13, or these regulations shall be subject to the penalties and
remedies set forth in section 46-13-16 of the Act.
Furthermore, the Director is authorized pursuant to the provisions of sections 46-13-10
and 46-13-12 to issue orders requiring corrective action(s) necessary to provide safe and
potable water."
20.2
(a)
Purpose and Goals
(1)
To assure the protection of public health, safety, and welfare by promoting
compliance and deterring noncompliance with the Act, and the rules, regulations,
approvals, permits, certification, license and orders adopted pursuant to the Act and
these regulations;
(2)
To assure that the Department assesses administrative penalties, and otherwise
implements the Act and these regulations, lawfully, fairly, and consistently;
(3)
To clarify the Department's authority to enforce the Act and the rules, regulations,
approvals, permits, and orders adopted pursuant to the Act.
(b)
Policy
These regulations promote a policy of assuring the effective enforcement of the Act as
administered by the Director and to deter noncompliance with the rules, regulations, approvals,
permits, certification, license and orders adopted pursuant to the Act and these regulations:
(1)
seeking any appropriate legal and equitable relief, including:
Section “H”: Fees & Enforcement
191
(i)
removal of any economic benefit or competitive advantage realized as a
direct or indirect result of the violation;
(2)
assessing administrative penalties, where appropriate, which:
(i)
reflect the nature and gravity of the violation and the potential for harm to
the public health;
(ii)
reflect the length of time during which the violation was repeated or
continued;
(iii)
will deter future noncompliance by the person in violation; and
(iv)
will encourage continued compliance by persons similarly regulated;
(3)
seeking from any person found to be in violation, those additional or extraordinary
costs which are actually expended by the Director during the course of the
investigation and enforcement of noncompliance for which the State of Rhode
Island is not otherwise reimbursed other than non-overtime personnel costs; and
(4)
pursuing any other lawful enforcement option necessary to achieve compliance.
(c)
Application
(1)
These regulations shall be liberally construed to permit the Department to
effectuate the purposes of the Act.
(2)
These regulations shall apply to all persons subject to enforcement action by the
Department under the Act, and the rules, regulations, approvals, permits,
certification, license and orders adopted pursuant to the Director's authority
hereunder.
(3)
These regulations shall be applied in a manner that is consistent with or more
stringent than any applicable Federal program requirements for delegated programs.
(d)
Enforcement Options
The Director may pursue any combination of administrative and judicial enforcement actions
depending upon the circumstances and gravity of each case. The penalty and remedies prescribed
by the Act (section 46-13-16) shall be deemed to be concurrent and the existence of an exercised
remedy shall not prevent the Director from exercising any other remedy.
(e)
Preconditions for Assessment of Administrative Penalty
Section “H”: Fees & Enforcement
192
An administrative penalty may be assessed only for a violation or a failure to comply that, at the
time it occurred, constituted noncompliance with a legal requirement:
(1)
which was then in effect; and
(2)
to which the person was then subject; and
(3)
to which these regulations apply.
(f)
Assessment of Administrative Penalty - Penalty Ceiling
No penalty shall exceed the maximum penalty allowed by the Act. The maximum administrative
penalty which the Director has the authority to impose under the Act is $5000.00 per violation per
day.
(1)
A penalty may be assessed "per day," multi-day violations are counted from the
initial day of noncompliance until compliance is achieved.
(2)
A penalty may be assessed "per violation", multiple violations of the same law, rule,
regulation, permit approval, certification, license or order are counted as separate
violations if any violation:
(i)
involves a prohibited act which is distinguishable from any other by the
nature of the act itself; or
(ii)
involves a prohibited act which is distinct from any other by the time or
place of its commission; or
(iii)
involves a prohibited act which is distinct from any other by definition; or
(iv)
presents a risk of harm to the public health, safety or welfare which is
distinguishable from the risk threatened by any other violation.
(3)
Each day following service of a Notice of Violation, or Immediate Compliance
Order or Cease and Desist Order, to which the Director is a party, during which a
violation is repeated, continued or remains in place, constitutes a continuing
violation. The Director may assess an additional administrative penalty, not to
exceed five thousand dollars ($5,000) for each day the violation or failure to
comply is repeated, continued or remains in place.
(4)
The penalty imposed shall continue to accrue from the day the Notice of Violation,
Immediate Compliance Order or Cease and Desist Order is issued until compliance
is achieved.
(g)
Assessment of Administrative Penalty - Calculation
Section “H”: Fees & Enforcement
193
The amount of the penalty will be calculated based on the factors enumerated below.
(1)
The penalty may be based on the gravity of the violation. That portion will be
calculated according to the "DWQ Penalty Matrix" (See Appendix 3). The
applicable penalty range is reached by first determining the "Type of Violation" and
the "Deviation from the Standard" of the alleged violation.
(i)
"Type of Violation" - refers to the nature of the legal requirement allegedly
violated.
(A)
Type I violations - Type I violations include violations of legal
requirements identified by the Director as directly related to the
protection of the public health. Such violations include, but are not
necessarily limited to, exceeding any MCL, failure to adhere to new
source approval requirements or plan requirements, and/or any
failure to comply with an order of the Director which is presently
enforceable.
(B)
Type II violations also have a direct impact on public health, but are
mainly non-compliance with technical safeguards. Such violations
include but are not limited to failure to monitor as required, failure
to comply with reporting requirements, and failure to make public
notice.
(C)
Type III violations have an indirect impact on public health and are
generally related to poor record keeping. Such violations include,
but are not limited to failure to submit monitoring reports, late
submittal of monitoring reports, and failure to keep records on file
as required.
(ii)
"Deviation from the Standard" - refers to the degree to which the violation is
out of compliance with the legal requirement allegedly violated. The
Deviation from the Standard may be determined without consideration of
the factors enunciated below in cases of strict liability. In all other cases,
the Department's assessment of whether a violation is a minor, moderate or
major deviation from the standard is based upon an evaluation of one or
more of the following factors except to the extent already considered:
(A)
the degree to which the act or failure to act was from compliance;
(B)
whether the person took reasonable and appropriate steps to prevent
and/or mitigate the non-compliance;
Section “H”: Fees & Enforcement
194
(C)
whether the person has previously failed to comply with any
regulations, order, permit or approval issued or adopted by the
Department.
(D)
the degree of willfulness or negligence, including but not limited to,
how much control the violator had over the occurrence of the
violation and whether the violation was foreseeable;
(E)
any other factor(s) that may be relevant in determining the amount of
a penalty, provided that said other factor(s) shall be set forth in the
Notice of Violation or other written notice of the assessment of a
penalty.
(2)
The Economic Benefit from Non-Compliance
The penalty shall include an amount intended to offset the economic benefit of non-
compliance.
(i)
Such an amount may include, but not be limited to:
(A)
the cost of complying;
(B)
the cost of equipment needed to comply;
(C)
any associated operation and maintenance costs;
(D)
the costs of studies needed to achieve compliance;
(E)
any other delayed or avoided costs including, interest, market or
competitive advantage over other regulated entities which are in
compliance.
(ii)
The economic benefit portion may not be included in the penalty only if:
(A)
there is no identifiable benefit from non-compliance; or
(B)
the amount of economic benefit cannot be quantified.
(3)
The penalty shall include additional or extraordinary costs which are incurred by the
Director during the course of the investigation and enforcement of noncompliance
for which the State of Rhode Island is not otherwise reimbursed other than non-
overtime personnel costs.
(4)
Nothing herein shall preclude the Director from resolving the outstanding penalty
through a Consent Agreement at any time he or she deems appropriate.
Section “H”: Fees & Enforcement
195
(h)
Assessment of Administrative Penalty - Hearing
(1)
Any person against whom the Director seeks to assess an administrative penalty for
a violation of a law, rule, regulation, approval, license, certification, or order which
is within the Director's authority and responsibility to enforce, has the right to
request a hearing thereon. The request for a hearing must be filed with the Director
within thirty (30) days after service of the notice assessing said penalty.
(2)
If a timely request for a hearing is made, a hearing shall be conducted in accordance
with Section 42-35 of the General Laws of Rhode Island, 1956, as amended.
(3)
Judicial review of any final decision of the administrative hearing officer shall be
available in accordance with Section 42-35-15 of the General Laws of Rhode
Island, 1956, as amended.
(i)
Assessment of Administrative Penalty - Enforcement
The Department's proposal of an administrative penalty shall become a final order of the
Director upon the person's election to waive, or failure to timely request, an administrative
hearing on the violation and/or the penalty. Each day during which the person fails to pay
said penalty or otherwise fails to comply with a final order of the Director constitutes a
separate and distinct violation. An additional administrative penalty, not to exceed five
thousand dollars ($5,000) for each such violation of a final order, may be assessed by the
Director.
The Director may also, by summons and complaint, seek to enforce said final order in the
Superior court for Providence County.
(j)
These regulations shall not be construed to govern any enforcement action which is
commenced by the Director prior to the formal adoption of these regulations, or any
administrative appeal taken therefrom, except that they shall apply to all unresolved
monitoring and public notice violations as of the effective date of these regulations.
Section 21.0 Severability
21.1
If any provision of the rules and regulations herein or the application thereof to any facility
or circumstances shall be held invalid, such invalidity shall not affect the provisions or
application of the rules and regulations which can be given effect, and to this end the
provisions of the rules and regulations are declared to be severable.
October 25, 2001
DWQ-feesandenforcement-section h-refiling-jan02.doc
Section “I”: Appendix One
196
APPENDIX I
INDEX
SECTION I - Microbiology
A.
Microbiological Methods for Surface Water and Ground Water Under the Influence of
Surface Water - Regulation Section 5.0
Total Coliforms
Fecal Coliforms
Heterotrophic Bacteria
B.
Microbiological Methods for Distribution Samples including Storage Facilities and
Ground Water Sources Regulation Section 16.4 and 17.2.
Total Coliforms
Fecal Coliforms and E. coli
C.
Invalidation of Samples
SECTION II - Chemistry
A.
Inorganic Chemistry:
References for Sections 5.0, 6.0,16.1, and 17.2 of the Regulations.
1.
Surface Water Treatment Rule Monitoring
2.
Residual Disinfectant Concentration
Free Chlorine
Total Chlorine
Chlorine Dioxide
Ozone
3.
Turbidity
4.
Regulated Inorganic Chemicals
Methodology and Detection Limits
Sampling Protocol
Acceptance Criteria
5.
Special Inorganic Chemicals
Methodology
B.
Volatile Organic Chemistry
References for Sections 16.2, 16.6, 17.3 and 17.5 of the Regulations
Section “I”: Appendix One
197
1.
Regulated Volatile Organic Chemistry
Methodology
Laboratory Criteria
Acceptance Criteria
Detection Criteria
2.
Trihalomethane Chemistry
Methodology
3.
Unregulated Volatile Contaminants
Methodology
4.
Compositing of Samples
C.
Synthetic Organic Chemistry
References for Sections 16.2, 16.7, 17.3 and 17.5 of the Regulations
1.
Regulated Synthetic Organic Chemistry
Methodology
Laboratory Criteria
Acceptance Criteria
Detection Criteira
2.
Special Monitoring Synthetic Organic Chemicals
Methodology
D.
Radiological Chemistry
References for Section 16.5 of the Regulations
1.
Radiological Chemistry
Methodology
Detection Criteria
Section “I”: Appendix One
198
SECTION I
A.
Microbiological Testing
Reference for Section 5.0 - Surface Water and Ground Water Under the Influence of Surface Water -
Section 5.0
1.
Public water systems conducting analyses for total coliforms, fecal coliforms, and
heterotrophic bacteria, on surface water sources or ground water under the influence of surface
water, as required in Section 5.0 of these regulations, must perform these analyses in
accordance with one of the following analytical methods and by using analytical test
procedures contained in Technical Notes on Drinking Water Methods, EPA-600\R-94-173,
October 1994, which is available at NTIS PB95-104766.
2.
Total Coliforms:
a)
Total Coliform Fermentation Technique 3,4,5
Citation1 9221 A,B,C
b)
Total Coliform Membrane Filter Technique
Citation1 92222 A,B,C
c)
ONPG-MUG Test 6
Citation1 9223
3.
Fecal Coliforms:
a)
Fecal Coliform MPN Procedure 7
Citation1 9221 E
b)
Fecal Coliforms Membrane Filter Procedure
Citation1 9222 D
4.
Hetrotropic Bacteria:2
a)
Pour Plate Method
Citation1 9215B
B.
Microbiological Testing - for Distribution Samples including Storage Facilities and Ground Water
Sources Regulation Sections 16.4 and 17.1
1.
The presence or absence of total coliform need o nly be determined. The total coliform density
is not required.
Section “I”: Appendix One
199
2.
The standard sample volume for total coliform analysis, regardless of the analytical method
used is 100ml.
3.
Public Water systems must conduct total coliform analyses in accordance with one of the
analytical methods in the following table.
I)
Total Coliforms:8
aa)
Total Coliform Fermentation Technique 3,4,5
Citation1 9221 A,B
bb)
Total Coliform Membrane Filter Technique
Citation1 92222 A,B,C
cc)
Presence-Absence (P-A) Coliform Test 5,9
Citation1 92221 D
dd)
ONPG-MUG Test 6
Citation1 9223
ee)
Colisure Test 10
4.
Public Water systems must conduct fecal coliform analysis in accordance with the following
procedure. When the MTF Technique or Presence-Absence (PA) Coliform Test is used to test
for total coliforms, shake the lactose-positive presumptive tube or P-A vigorously and transfer
the growth with a sterile 3-mm loop or sterile applicator stick into brilliant green lactose bile
broth and EC medium to determine the presence of total and fecal coliforms, respectively. For
EPA-approved analytical methods which use a membrane filter, transfer the total coliform-
positive culture by one of the following methods: remove the membrane containing the total
coliform colonies from the substrate with a sterile forceps and carefully curl and insert the
membrane into a tube of EC medium (the laboratory may first remove a small portion of
selected colonies for verification), swab the entire membrane filter surface with a sterile
cotton swab and transfer the inoculum to EC medium (do not leave the cotton swab in the EC
medium), or inoculate individual total coliform-positive colonies into EC Medium. Gently
shake the inoculated tubes of EC medium to insure adequate mixing and incubate in a waterbath
at 44.5 + 0.2 C for 24 + 2 hours. Gas production of any amount in the inner fermentation tube
of the EC medium indicates a positive fecal coliform test. The preparation of EC medium is
described in the 18th edition of Standard Methods for the Examination of Water and
Wastewater, 1992, Method 9221E-p. 9-52, paragraph la. Public water systems need only
determine the presence or absence of fecal coliforms; a determination of fecal coliform
density is not required.
5.
Public water systems must conduct analysis of Escherichia coli in accordance with one of the
following analytical methods:
Section “I”: Appendix One
200
(i)
EC medium supplemented with 50 ug/ml of 4-methylumbelliferyl-beta-D-glucuronide
(MUG) (final concentration). EC medium is described in the 18th edition of Standard
Methods for the Examination of Water and Wastewater, 1992, Method 9221E--p. 9-52,
paragraph la. MUG may be added to EC medium before autoclaving. EC medium
supplemented with 50 ug/ml of MUG is commercially available. At least 10 ml of EC
medium supplemented with MUG must be used. The inner inverted fermentation tube
may be omitted. The procedure for transferring a total coliform-positive culture to EC
medium supplemented with MUG shall be as specified in paragraph (4) of this section
for transferring a total coliform-positive culture to EC medium. Observe fluorescence
with an ultraviolet light (366 nm) in the dark after incubating tube at 44.5 + 0.2 C for
24 + 2 hours; or
(ii)
Nutrient agar supplemented with 100 ug/ml 4-methlymbelliferyl-beta-D-glucuronide
(MUG) (final concentration). Nutrient Agar is described in the 18th edition of Standard
Methods for the Examination of Water and Wastewater, 1992, p.9-47 to 9 -48. This test
is used to determine if a total coliform-positive same, as determined by the Membrane
Filter Technique or any other method in which a membrane filter is used, contains E.
coli. Transfer the membrane filter containing a total coliform colony(ies) to nutrient
agar supplemented with 100 ug/ml (final concentration) of MUG. After incubating the
agar plate at 35 C for 4 hours, observe the colony(ies under ultraviolet light (366 nm)
in the dark for fluorescence. If fluorescence is visible, E. coli are present.
(iii)
Minimal Medium ONPG-MUG (MMO-MUG) Test, as set forth in the article "National
Field Evaluation of a Defined Substrate Method for the Simultaneous Detection of
Total Coliforms and Escherichia coli from Drinking Water: Comparison with
Presence-Absence Techniques" (Edgerg et al.), Applied and Environmental
Microbiology, Volume 55, pp. 1003-1008, April 1989. (Note: The Autoanalysis
Colilert System is an MMO-MUG test). If the MMO-MUG test is total coliform-
positive after a 24-hour incubation, test the medium for fluorescence with a 366-nm
ultraviolet light (preferably with a 6-watt lamp) in the dark. If fluorescence is observed,
the sample is E. coli-positive. If fluorescence is questionable (cannot be definitely
read) after 24 hours incubation, incubate the culture for an additional four hours(but not
to exceed 28 hours total), and again test the medium for fluorescence. The MMO-
MUG Test with hepes buffer in lieu of phosphate buffer is the only approved
formulation for the detection of E. coli.
(iv)
The Colisure Test. A description of the Colisure Test may be obtained from the
Millipore Corporation, Technical Services Department, 80 Ashby Road, Bedford, MA
01730.
6.
As an option to the Minimal Medium ONPG-MUG (MMO-MUG) Test, as set forth in
paragraph 5(iii) above, a system with a total coliform positive, MUG-negative, MMO-MUG
test may further analyze the culture for the presence of E. coli by transferring a 0.1 ml, 28-hour
MMO-MUG culture to EC Medium + MUG with a pipet. The formulation and incubation
conditions of EC Medium + MUG, and observation of results are described in paragraph 5(i)
above.
Section “I”: Appendix One
201
C.
Invalidation of Samples
1.
A total coliform sample invalidated under this paragraph does not count towards meeting the
minimum monitoring requirements of this section.
2.
The director will invalidate a total coliform-positive sample and document same in writing only
if:
i)
The laboratory establishes that improper sample analysis caused the total coliform-
positive result,
ii)
The director determines that the total coliform-positive sample resulted from a
domestic or other non-distribution system plumbing problem.
iii)
The director has substantial grounds to believe that a total coliform-positive result is
due to a circumstance or condition which does not reflect water quality in the
distribution system. ( In this case, the system must still collect all repeat samples
required .
3.
A total coliform-positive sample will not be invalidated solely on the grounds that all repeat
samples are total coliform negative.
4.
A laboratory must invalidate a total coliform sample, unless total coliforms are detected, if
i)
the sample produces a turbid culture in the absence of gas production using the method
cited in section 16.4 b) 4) a);
ii)
the sample produces a turbid culture in the absence of an acid reaction; using the
method cited in section 16.4 b) 4) c).
iii)
it exhibits confluent growth, or produces colonies too numerous to count, using the
method cited in section 16.4 b) 4) b).
5.
If a laboratory invalidates a sample for the above reasons, the system must collect another
sample from the same location as the original sample within 24 hours of being notified of the
result. The system must continue to re-sample within 24 hours and have the samples analyzed
until it obtains a valid result. The director may extend the 24-hour limit on a case-by-case basis
if the system has a logistical problem in collecting the repeat samples within 24 hours that is
beyond its control. In the case of a extension, the director will specify how much time the
system has to collect the repeat samples.
Footnotes:
Section “I”: Appendix One
202
1
Except where noted all methods refer to the 18th edition of Standard Methods for the
Examination of Water and Wastewater, 1992, American Public Health Association,
1015 Fifteenth Street NW, Washington, DC 20005.
2
The time from sample collection to initiation of analysis may not exceed 8 hours.
3
Lactose broth, as commercially available, may be used in lieu of lauryl tryptose broth, if
the system conducts at least 25 parallel tests between this medium and l auryl tryptose
broth using the water normally tested, and this comparison demonstrates that the false-
positive are for total coliforms, using lactose broth, is less than 10 percent.
4
Media should cover inverted tubes at least one-half to two-thirds after the sample is
added.
5
No requirement exists to run the completed phase on 10 percent of all total coliform-
positive confirmed tubes.
6
The ONPG-MUG Test is also known as the Autoanalysis Colilert System.
7
A-1 Broth may be held up to three months in a tightly closed screwcap tube at 4 C.
8
The time from sample collection to initiation of analysis may not exceed 30 hours.
9
Six-times formulation strength may be used if the medium is filter-sterilized rather than
autoclaved.
10
The Colisure Test must be incubated for 28 hours before examining the results. If an
examination of the results at 28 hours is not convenient, then results may be examined
at any time between 28 hours and 48 hours. A description of the Colisure Test may be
obtained from the Millipore Corporation, Technical Services Department, 80 Ashby
Road, Bedford, MA 01730.
Section “I”: Appendix One
203
SECTION II
A.
Inorganic Chemistry
References for Sections 5.0, 6.0, 16.1 and 17.2 of the Regulations
1.
Surface Water Treatment Rule Monitoring
a)
Public water systems which must conduct analyses to meet the requirements of Section 5.0 for
turbidity, temperature and measure residual disinfectant concentrations must use the methods
contained in the 18th edition of Standard Methods for the Examination of Water and
Wastewater, 1992 with other analytical test procedures are contained in Technical Notes on
Drinking Water Methods, EPA-600/R-94-173, October 1994, which is available at NTIS
PB95-104766. Residual disinfectant concentrations for free chlorine and combined chorine
also may be measured by used DPD colorimetric test kits. Free and total chlorine residuals
may be measured continuously by adapting a specified chlorine residual method for use with a
continuous monitoring instrument provided the chemistry, accuracy, and precision remain
same. Instruments used for continuous monitoring must be calibrated with a grab sample
measurement at least every five days, or with a protocol approved by the Director.
2.
Residual Disinfectant Concentration:
a)
Free Chlorine:
(i)
Amperometric Titrationation Technique.
Citation 4500-Cl D
(ii)
DPD Ferrous Titrimetric.
Citation 4500-Cl F
(iii)
DPD Colorimetric.
Citation 4500-Cl G
(iv)
Syringaldazine(FACTS).
Citation 4500-Cl H
b)
Total Chlorine:
(i)
Amperometric Titrationation Technique.
Citation 4500-Cl D
(ii)
Amperometric Titrationation (low level measurement).
Citation 4500-Cl E
(iii)
DPD Ferrous Titrimetric.
Citation 4500-Cl F
Section “I”: Appendix One
204
(iv)
DPD Colorimetric.
Citation 4500-Cl G
(v)
Iodometric Electrode.
Citation 4500-Cl I
c)
Chlorine Dioxide:
(i)
Amperometric Titrationation Technique.
Citation 4500-ClO2 C
(ii)
DPD Method
Citation 4500-ClO2 D
(iii)
Amperometric Titrationation.
Citation 4500-ClO2 E
d)
Ozone:
(i)
Indigo Method.
Citation 4500-O3 B
3.
Turbidity:
a)
Nephelometric Method
Citation1 2130 B
b)
Nephelometric Method.
Citation8 180.1
c)
Great Lakes Instruments
Citation9 Method 2
Footnotes:
1
Except where noted all methods refer to the 18th edition of Standard Methods for the Examination of Water and
Wastewater, 1992, American Public Health Association, 1015 Fifteenth Street NW, Washington, DC 20005.
8
"Methods for the Determination of Inorganic Substances in Environmental Samples", EPA-600/R-93-100, August
1993. Available at NTIS, PB94-121811
9
GLI Method 2. "Turbidity", November 2, 1992, Great Lakes Instruments, Inc., 8855 North 56th Street,
Milwaukee, Wisconsin 53223.
Section “I”: Appendix One
205
4.
Regulated Inorganic Chemical Monitoring
a)
Methodology
i)
Public water systems conducting analyses of inorganic chemicals as required in
Sections 6.0, 16.0 and 17.0 of these regulations shall conduct these analyses in
accordance with one of the following analytical methods or their equivalent as
determined by EPA. Criteria for analyzing arsenic, barium, beryllium, cadmium,
chromium, copper, lead, nickel, selenium, sodium, and thallium are contained in
Technical Notes on Drinking Water Methods, EPA-600\R-94-173, October 1994,
which is available at NTIS PB95-104766.
Contaminant
Methodology
EPA
ASTM3
SM4
Other
Minimum
Detection
Limit
(mg/l)
Antimony
ICP-Mass Spectrometry
2200.8
0.0004
Hydride-Atomic Absorption
………
D-3697-92
0.001
Atomic Absorption; Platform
2200.9
0.0008
Atomic Absorption; Furnance
………
3113B
0.003
Arsenic
Inductively Coupled Plasma
2200.7
3120B.
ICP-Mass Spectrometry
2200.8
Atomic Absorption; Platform
2200.9
Atomic Absorption; Furnace
………
D-2972-93C
3113B.
Hydride Atomic Absorption
………
D-2972-93B
3114B.
Asbestos
Transmission Electron Microscopy
9100.1
0.01 MFL
Transmission Electron Microscopy
10100.2
0.01 MFL
Barium
Inductively Coupled Plasma
2200.7
3120B.
0.002
ICP-Mass Spectrometry
2200.8
0.002
Atomic Absorption; Direct
………
3111D.
0.1
Atomic Absorption; Furnace
………
3113B.
0.002
Beryllium
Inductively Coupled Plasma
2200.7
3120B.
0.0003
ICP-Mass Spectrometry
2200.8
0.0003
Atomic Absorption; Platform
2200.9
0.00002
Atomic Absorption; Furnace
………
D-3645-93B
3113B.
0.0002
Cadium
Inductively Coupled Plasma
2200.7
0.001
Section “I”: Appendix One
206
Contaminant
Methodology
EPA
ASTM3
SM4
Other
Minimum
Detection
Limit
(mg/l)
ICP-Mass Spectrometry
2200.8
0.001
Atomic Absorption; Platform
2200.9
Atomic Absorption; Furnace
………
3113B.
0.0001
Chromium
Inductively Coupled Plasma
2200.7
3120B.
0.007
ICP-Mass Spectrometry
2200.8
0.007
Atomic Absorption; Platform
2200.9
Atomic Absorption; Furnace
………
3113B.
0.001
Cyanide
Manual Distillation followed by
………
4500-CN-C.
Spectrophotometric, Amenable
………
D2036-91B
4500CN-G.
0.02
Spectrophotometric Manual
………
D2036-91A
4500-CN-E
51-3300-85
0.02
Semi-automated
6335.4
0.005
Selective Electrode
………
4500CN-F.
0.05
Fluoride
Ion Chromatography
6300.0
D4327-91
4110B.
Manual Distill.;Color. SPADNS
………
4500F-B,D.
1.0
Manual Electrode
………
D1179-93B
4500F-C.
1.0
Automated Electrode
………
………
11380-75WE
1.0
Automated Alizarin
………
4500F-E
11129-71W
1.0
Mercury
Manual, Cold Vapor
2245.1
D3223-91
3112B.
0.0002
Automated, Cold Vapor
1245.2
0.0002
ICP-Mass Spectrometry
2200.8
Nickel
Inductively Coupled Plasma
2200.7
3120B.
0.005
ICP-Mass Spectrometry
2200.8
0.0005
Atomic Absorption; Platform
2200.9
0.0006
Atomic Absorption; Direct
………
3111B.
Atomic Absorption; Furnace
………
3113B.
0.001
Nitrate
Ion Chromatography
6300.0
D4327-91
4110B
8B-1011
0.01
Automated Cadmium Reduction
6353.2
D3867-90A
4500-NO3-F.
0.05
Ion Selective Electrode
………
4500-NO3-D
7601
1
Manual Cadmium Reduction
D3867-90B
4500-NO3-E.
0.01
Section “I”: Appendix One
207
Contaminant
Methodology
EPA
ASTM3
SM4
Other
Minimum
Detection
Limit
(mg/l)
Nitrite
Ion Chromatography
6300.0
D4327-91
4110B
8B-1011
0.004
Automated Cadmium Reduction
6353.2
D3867-90A
4500-NO3-F.
0.05
Manual Cadmium Reduction
………
D3867-90B
4500-NO3-E.
0.01
Spectrophotometric
………
4500-NO2-B.
0.01
Selenium
Hydride-Atomic Absorption
………
D3859-93-A
3114B.
0.002
ICP-Mass Spectrometry
2200.8
Atomic Absorption; Platform
2200.9
Atomic Absorption; Furnace
………
D3859-93B
3113B.
0.002
Thallium
ICP-Mass Spectrometry
2200.8
0.0003
Atomic absorption, furnance
279.2
3113B
0.001
Atomic Absorption; Platform
2200.9
0.0007
Lead
Atomic absorption; furnace
………
D3559-90D
3113B.
ICP-Mass Spectrometry
2200.8
Atomic absorption; platform
2200.9
Copper
Atomic absorption; furnace
………
D1688-90C
3113B.
Atomic absorption; direct aspiration
………
D1688-90A
3111B.
ICP
2200.7
3120B
ICP-Mass spectrometry
2200.8
Atomic absorption; platform
2200.9
pH
Electrometric
1150.1
D1293-84
4500-H+-B.
1150.2
Conductivity
Conductance
………
D1125-91A
2510-B.
Calcium
EDTA titrimetric
………
D511-93A
3500-Ca-D.
Atomic absorption; direct aspiration
………
D511-93B
3111B.
Inductively-coupled plasma
2200.7
3120B.
Alkalinity
Titrimetric
………
D1067-92B
2320B.
Electrometric titration
………
51-1030-85
Orthophosphate12
Colorimetric, automated, ascorbic
acid
6365.1
4500-P-F.
Section “I”: Appendix One
208
Contaminant
Methodology
EPA
ASTM3
SM4
Other
Minimum
Detection
Limit
(mg/l)
Colorimetric, ascorbic acid, single
reagent
………
D515-88A
4500-P-E
Colorimetric, phosphomolybdate;
………
………
51-1601-85
Automated-segmented flow;
………
………
51-2601-90
Automated discrete
………
………
51-2598-85
Ion Chromatography
6300.0
D4327-91
4110
Silica
Colorimetric, molybdate blue;
………
………
51-1700-85
automated-segmented flow
………
………
51-2700-85
Colormetric
………
D859-88
Molybdosilicate
………
4500-Si-D.
Heteropoly blue
………
4500-Si-E.
Automated method for molybdate-
reactive silica
………
4500-Si-F.
Inductively-coupled plasma
2200.7
3120B.
Temperature
Thermometric
………
2550
Sodium
Inductively-coupled plasma
2200.7
atomic absorption; direct aspiration
3111B.
FOOTNOTES:
1
Methods 150.1, 150.2 and 245.2 are available from US EPA, EMSL, Cincinnati, OH 45268. The identical methods
were formerly in “Methods for Chemical Analysis of Water and Wastes”, EPA-600/4-79-020, March 1983, which
is available at NTIS, PB84-128677.
2
“Methods for the Determination of Metals in Environmental Samples--Supplement I”, EPA-600/R-94-111, May
1994. Available at NTIS, PB 94-184942.
3
The procedures shall be done in accordance with the Annual Book of ASTM Standards, 1994, Vols. 11.01 and
11.02, American Society for Testing and Materials. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a)and 1 CFR Part 51. Copies may be obtained
from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. Copies may be
inspected at EPA’s Drinking Water Docket, 401 M Street, SW, Washington, DC 20460; or at the Office of the
Federal Register, 800 North Capital Street, NW, Suite 700, Washington, DC.
4
The procedures shall be done in accordance with the 18th edition of Standard Methods for the Examination of
Water and Wastewater 1992, American Public Health Association. This incorporation by reference was
approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Copies
may be obtained from the American Public Health Association, 1015 Fifteenth Street, NW, Washington, DC
Section “I”: Appendix One
209
20005. Copies may be inspected at EPA’s Drinking Water Docket, 401 M Street, SW, Washington, DC 20460; or
at the Office of the Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, DC.
5
Available from Books and Open-File Reports Section, U.S. Geological Survey, Federal Center, Box 25425,
Denver, CO 80225-0425.
6
“Methods for the Determination of Inorganic Substances in Environmental Samples”, EPA-600/R-93-100,
August 1993. Available at NTIS, PB94-121811.
7
The procedure shall be done in accordance with the Technical Bulletin 601 “Standard Method of Test for Nitrate
in Drinking Water”, July 1994, PN 221890-001, Analytical Technology, Inc. This incorporation by reference was
approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CRF Part 51. Copies
may be obtained from ATI Orion, 529 Main Street, Boston, MA 02129. Copies may be inspected at EPA’s
Drinking Water Docket, 401 M Street, SW, Washington, DC 20460; or at the Office of the Federal Register, 800
North Capital Street, NW, Suite 700, Washington, DC.
8
Method B-1011, “Waters Test Method for Determination of Nitrite/Nitrate in Water Using Single Column Ion
Chromatography”, Millipore Corporation, Waters Chromatography Division, 34 Maple Street, Miliford, MA 01757.
9
Method 100.1, “Analytical Method for Determination of Asbestos Fibers in Water”, EPA-600/4-83-043, EPA, September
1983. Available at NTIS, PB83-260471.
10
Method 100.2, “Determination of Asbestos Structure Over 10µm in Length in Drinking Water”, EPA-600/R-94-134, June
1994. Available at NTIS, PB94-201902.
11
The procedures shall be done in accordance with the Industrial Method No. 129-71W, “Fluoride in Water and
Wastewater”, December 1972, and Method No. 380-75WE, “Fluoride in Water and Wastewater”, February 1976,
Technicon Industrial Systems. This incorporation by reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CRF Part 51. Copies may be obtained from the Technicon Industrial Systems,
Tarrytown, NY 10591. Copies may be inspected at EPA’s Drinking Water Docket, 401 M Street, SW, Washington, DC
20460; or at the Office of the Federal Register, 800 North Capital Street, NW, Suite 700, Washington, DC.
12
Unfiltered, no digestion or hydrolysis.
b)
Sampling Protocol
i)
Sample collection for the inorganic chemicals listed below shall be conducted using the
sample preservation containers and maximum holding time procedures specified as
follows:
Antimony:
Preservative: Con. HNO3 to pH <2
Container: Plastic or glass
Time: ASAP but not over 6 months
Arsenic:
Preservative: Con. HNO3 to pH <2
Container: Plastic or glass
Section “I”: Appendix One
210
Time: ASAP but not over 6 months
Asbestos:
Preservative: Cool 4oC
Container: Plastic or glass
Barium:
Preservative: cool,4o C
Container: Plastic or glass
Time: ASAP but not over 6 months
Beryllium:
Preservative: Con. HNO3 to pH <2
Container: Plastic or glass
Time: ASAP but not over 6 months
Cadmium:
Preservative: Con. HNO3 to pH <2
Container: Plastic or glass
Time: ASAP but not over 6 months
Chromium:
Preservative: Con. HNO3 to pH <2
Container: Plastic or glass
Time: ASAP but not over 6 months
Cyanide:
Preservative: Cool 4o C NaOH to pH > 12 (6g Ascorbic acid if chlorine is present)
Container: Plastic or glass
Time: ASAP, but not over 14 days
Fluoride:
Preservative: None
Container: Plastic or glass
Time: ASAP, but not over 1 month
Mercury:
Preservative: Con. HNO3 to pH <2
Section “I”: Appendix One
211
Container: Plastic or glass
Time: ASAP but not over 28 days
Nickel:
Preservative: Con. HNO3 to pH <2
Container: Plastic or glass
Time: ASAP but not over 6 months
Nitrate:
Preservative: Chlorinated - Cool, 4oC
Non-Chlorinated - Con H2SO4 to pH <2
Container:
Chlorinated - Plastic or glass
Non-Chlorinated - Plastic or glass
Time:
Chlorinated - ASAP but not over 28 days
Non-Chlorinated - ASAP but not over 14 days
Nitrite:
Preservative: Cool, 4oC
Container: Plastic or glass
Time: ASAP but not over 48 hours
Selenium:
Preservative: Con. HNO2 to pH <2
Container: Plastic or glass
Time: ASAP but not over 6 months
Thallium:
Preservative: Con. HNO3 to pH <2
Container: Plastic or glass
Time: ASAP but not over 6 months
Lead:
Preservative: Conc. HNO3 to pH <2
Container: Plastic or glass
Time: ASAP but not over 6 months
NOTE: The technique applicable to total metals must be used and samples cannot be filtered.
Copper:
Section “I”: Appendix One
212
Preservative: Conc. HNO3 to pH <2
Container: Plastic or glass
Time: ASAP but not more than 6 months
NOTE: The technique applicable to total metals must be used and samples cannot be filtered.
pH:
Preservative: None
Container: Plastic or glass
Time: Test immediately
Conductivity:
Preservative: Cool, 4oC
Container: Plastic or glass
Time: ASAP, but not more than 28 days
Calcium:
Preservative: Conc. HNO3 to pH <2
Container: Plastic or glass
Time: ASAP, but not more than 6 months
Alkalinity:
Preservative: Cool, 4oC
Container: Plastic or glass
Time: ASAP, but not more than 14 days
Orthophosphate:
Preservative: Cool, 4oC
Container: Plastic or glass
Time: ASAP but not more than 48 hours
Silica:
Preservative: Cool, 4oC
Container: Plastic only
Time: ASAP but not more than 28 days
Sodium:
Container: Plastic or glass
Temperature:
Section “I”: Appendix One
213
Preservative: None
Container: Plastic or glass
Time: Test immediately
Turbidity:
Preservative: Cool 4o C
Container: Plastic or glass
Time: ASAP but not over 48 hours
Note: For approved analytical procedures for metals, the technique applicable to total metals must be
used.
Section “I”: Appendix One
214
c)
Acceptance Criteria
(i)
For a laboratory to receive certification to conduct analyses for the inorganic chemicals
listed in Appendix 1 Section II (4) (a) of these regulations, the laboratory must
(ii)
Analyze Performance Evaluation samples which include those substances provided by
EPA Environmental Monitoring Systems Laboratory or equivalent samples provided by
the State.
(iii)
Achieve quantitative results on the analyses that are within the following acceptance
limits:
Contaminant
Acceptance limit
Antimony
+30 at >0.006 mg/1
Asbestos
2 standard deviations based on study statistics
Barium
+15% at >0.15 mg/1
Beryllium
+15% at >0.001 mg/1
Cadmium
+20% at >0.002 mg/1
Chromium
+15% at >0.01 mg/1
Cyanide
+25% at >0.1 mg/1
Fluoride
+10% at >1 to 10 mg/1
Mercury
+30% at >0.0005 mg/1
Nickel
+15% at >0.01 mg/1
Nitrate
+10% at >0.4 mg/1
Nitrite
+15% at >0.4 mg/1
Selenium
+20% at >0.01 mg/1
Thallium
+30% at >0.002 mg/1
Lead: +30 percent of the actual amount in the Performance Evaluation sample when the actual amount
is greater than or equal to 0.005 mg/L. The Practical Quantitation Level, or PQL for lead is 0.005
mg/L.
Copper: +10 percent of the actual amount in the Performance Evaluation sample when the actual
amount is greater than or equal to 0.050 mg/L The Practical Quantitation Level, or PQL for copper is
0.03 mg/L.
Section “I”: Appendix One
215
Achieve method detection limits as follows for lead and copper:
Lead: 0.001 mg/L must be achieved (only if source water compositing is done under S6.23(a)(4)).
Copper: 0.001 mg/L or 0.020 mg/L when atomic absorption direct aspiration is used (only if source
water compositing is done under S6.23(a)(4).
iv)
The Director has the authority to allow the use of previously collected monitoring data
for purposes of monitoring, if the data were collected and analyzed in accordance with
the requirements of this subpart for lead and copper monitoring.
v)
All lead and copper levels measured between the PQL and MDL must be with reported
as measured or they can be reported as one-half the PQL (0.0025mg/L). All levels
below the lead and copper MDLs must be reported as zero.
vi)
All copper levels measured between the PQL and MDL must be either reported as
measured or they can be reported as one-half the PQL (0.015 mg/L). All levels below
the copper MDL must be reported as zero.
4. Special Inorganic Chemical Monitoring
a.
System monitoring for the unregulated inorganic contaminant sulfate shall use one of the
method(s) identified below:
i)
EPA Method 300.0, and 375.2.2 are in Methods for the Determination of Inorganic
Substances in Environmental Samples", EPA600/R-93-100, August 1993 Available at
NTIS, PB94-121811
ii)
Method D4327-91 shall be done in accordance with the Annual book of ASTM
Standards, 1994, Vol. 11.01 and 11.02, American Society for Testing and Materials,
1961 Race Street, Philadelphia, PA 19103.
iii)
Method 4110, 4500-SO4-F and 4500-SO4-C,D shall be followed in accordance with the
Standard Methods for the Examination of Water and Wastewater 18th Edition
Supplement, 1992, American Public Health Association. Copies may be obtained from
the American Public Health Association, 1015 Fifteenth Street NW, Washington, DC
20005. Copies may be inspected at EPA's Drinking Water Docket, 401 M Street, SW.,
Washington, DC 20460; or at the Office of the Federal Register, 800 North Capitol
Street, NW., Site 700, Washington DC.
Section “I”: Appendix One
216
SECTION II
B Volatile Organic Chemistry (Voc's)
References for Sections 16.2, 16.6, 17.3 and 17.5 of the Regulations
1. Regulated Volatile Organic Chemicals
a)
Methodology
(i)
Public water systems conducting analyses of inorganic chemicals as listed below and as
required in Section 16.0 and 17.0 of these regulations shall conduct these analyses in
accordance with one of the following analytical methods or their equivalent as
determined by EPA:
aa)
Method 502.2 is in "Methods for the Determination of Organic Compounds in
Drinking Water, EPA-600/4-88-039, December 1988, Revised, July 1991.
bb)
Method 551 is in Methods for the Determination of Organic Compounds in
Drinking Water--Supplement I, EPA-600-4-90-020, July 1990.
cc)
Method 524.2 is in Methods for the Determination of Organic Compounds in
Drinking Water -- Supplement II, EPA-600/R-92-129, August 1992.
Contaminant
Method
Benzene
502.2, 524.2.
Carbon tetrachloride
502.2, 524.2, 551.
Chlorobenzene
502.2, 524.2
1,2-Dichlorobenzene
502.2, 524.2.
1,4-Dichlorobenzene
502.2, 524.2.
1,2-Dichloroethane
502.2, 524.2.
Cis-Dichloroethylene
502.2, 524.2.
Trans-dichloroethylene
502.2, 524.2.
Dichloromethane
502.2, 524.2.
1,2-Dichloropropane
502.2, 524.2.
Ethylbenzene
502.2, 524.2.
Styrene
502.2, 524.2.
Section “I”: Appendix One
217
Tetrachloroethylene
502.2, 524.2, 551.
1,1,1-Trichloroethane
502.2, 524.2, 551.
Contaminant
Method
Trichloroethylene
502.2, 524.2, 551.
Toluene
502.2, 524.2.
1,2,4-Trichlorobenzene
502.2, 524.2.
1,1-Dichloroethylene
502.2, 524.2.
1,1,2-Trichloroethane
502.2, 524.2.
Vinyl chloride
502.2, 524.2.
Xylenes (total)
502.2, 524.2.
b. Certification Criteria
(i)
To receive certification to conduct analyses for the contaminants listed in Appendix 1
Section II B (1), above the laboratory must:
(ii)
Analyze Performance Evaluation samples which include these substances provided by
EPA Environmental Monitoring Systems Laboratory or equivalent samples provided by
the State.
(iii)
Achieve the quantitative acceptance limits under paragraphs (iv) and (v) of this section
for at least 80 percent of the regulated organic chemicals listed in ref.
(iv)
Achieve quantitative results on the analyses performed under paragraph (ii) of this
section that are within +20% of the actual amount of the substances in the Performance
Evaluation sample when the actual amount is greater than or equal to 0.010 mg/1.
(v)
Achieve quantitative results on the analyses performed under paragraph (ii) of this
section that are within +40 percent of the actual amount of the substances in the
Performance Evaluation sample when the actual mount is less than 0.010 mg/1.
(vi)
Achieve a method detection limit of 0.0005 mg/1.
(vii) To receive certification for vinyl chloride, the laboratory must:
aa)
Analyze Performance Evaluation samples provided by EPA Environmental
Monitoring Systems Laboratory or equivalent samples provided by the State.
Section “I”: Appendix One
218
bb)
Achieve quantitative results on the analyses performed under paragraph ref of
this section that are within +40 percent of the actual amount of vinyl chloride in
the Performance Evaluation sample.
cc)
Achieve a method detection limit of 0.0005 mg/1.
dd)
Obtain certification for the contaminants listed in above.
2. Total Trihalomethane Chemistry
a. Methodology
i)
Sampling and analyses made pursuant to Section 16.0 shall be conducted by the total
trihalomethane methods as listed below and in Technical Notes on Drinking Water
Methods, EPA-600\R-94-173, October 1994, which is available at NTIS PB95-104766.
aa)
Method 502.2 is in "Methods for the Determination of Organic Compounds in
Drinking Water, EPA-600/4-88-039, December 1988, Revised, July 1991.
bb)
Method 551 is in Methods for the Determination of Organic Compounds in
Drinking Water--Supplement I, EPA-600-4-90-020, July 1990.
cc)
Method 524.2 is in Methods for the Determination of Organic Compounds in
Drinking Water -- Supplement II, EPA-600/R-92-129, August 1992.
3. Unregulated Contaminants and Special Monitoring
a. Unregulated Volatile Organic Contaminants Methodology
i)
Analysis for the unregulated contaminants listed in Section 16.6 shall be conducted
using EPA Methods 502.2 or 524.2, or their equivalent as determined by EPA, except
analysis for bromodichloromethane, bromoform, chlorodibromomethane and
chloroform may be conducted by EPA Method 551, and analysis for 1,2,3-
trichloropropane also may be conducted by EPA Method 504.1. A source for the EPA
methods is listed below:
aa)
Method 502.2 is in "Methods for the Determination of Organic Compounds in
Drinking Water, EPA-600/4-88-039, December 1988, Revised, July 1991.
bb)
Method 524.2 is in Methods for the Determination of Organic Compounds in
Drinking Water -- Supplement II, EPA-600/R-92-129, August 1992.
cc)
Method 551 is in Methods for the Determination of Organic Compounds in
Drinking Water--Supplement I, EPA-600-4-90-020, July 1990.
dd)
EPA Method 504.1 is available from US EPA EMSL, Cincinnati OH 45268.
Section “I”: Appendix One
219
4.
Compositing of Samples:
All samples must be composited in the laboratory and analyzed within fourteen (14) days of
collection.
a.
The following procedure must be followed for the compositing samples prior to GC analysis.
i)
Add 5 ml or equal larger amounts of each sample (up to 5 samples are allowed) to a 25
ml glass syringe. Special precautions must be made to maintain zero headspace in the
syringe.
ii)
The samples must be cooled at 4°C during this step to minimize volatilization losses.
iii)
Mix well and draw out a 5-ml aliquot for analysis.
iv)
Follow sample introduction, purging, and desorption steps described in the method.
v)
If less than five samples are used for compositing, a proportionately small syringe may
be used.
b.
The following procedure must be followed for the compositing samples prior to GC/MS
analysis.
i)
Inject 5-ml or equal larger amounts of each aqueous sample (up to 5 samples are
allowed) into a 25-ml purging device using the sample introduction technique described
in the method.
ii)
The total volume of the sample in the purging device must be 25 ml.
iii)
Purge and desorb as described in the method.
Section “I”: Appendix One
220
SECTION II
C. Synthetic Organic Chemistry (Soc's)
References for Sections 16.2, 16.7, 17.3 and 17.5 of the Regulations
1. Regulated Synthetic Organic Chemicals
a. Methodology
(i)
Public water systems conducting analyses of the inorganic chemicals listed below as
required in Section 16.0 and 17.0 of these regulations shall conduct these analyses in
accordance with one of the following analytical methods or their equivalent as
determined by EPA.
(ii)
Methods 505, 507, 508, 508A, 515.1 and 531.1 are in "Methods for the Determination
of Organic Compounds in Drinking Water, EPA-600/4-88-039, December 1988,
Revised, July 1991.
(iii)
Methods 506, 547, 550, 550.1 and 551 are in Methods for the Determination of
Organic Compounds in Drinking Water--Supplement I, EPA-600-4-90-020, July 1990.
(iv)
Methods 515.2, 524.2, 548.1, 549.1, 552.1 and 555 are in Methods for the
Determination of Organic Compounds in Drinking Water -- Supplement II, EPA-600/R-
92-129, August 1992.
(v)
Method 1613 is titled "Tetra-through Octa-Chlorinated Dioxins and Furans by Isotope-
Dilution HRGC/HRMS", EPA-821-B-94-005, October 1994.
The documents referenced in items ii to v above are available from the National Technical Information
Service, NTIS PB91-231480, PB91-146027, PB92-207703 and PB95-104774, U.S. Department of
Commerce, 5285 Port Royal Road, Springfield, Virginia 22161.
vi)
EPA Methods 504.1, 508.1 and 525.2 are available from US EPA EMSL, Cincinnati OH
45268.
vii)
Methods 6651 and 6610 shall be followed in accordance with the 18th edition of
Standard Methods for the Examination of Water and Wastewater, 1992, American
Public Health Association. Copies may be obtained from the American Public Health
Association, 1015 Fifteenth Street NW., Washington DC 299995. Copies may be
inspected at EPA's Drinking Water Docket, 401 M Street, SW., Washington, DC
20460; or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite
700, Washington, DC.
Section “I”: Appendix One
221
Other analytical test procedures are contained in Technical Notes on Drinking Water Methods, EPA-
600/R-94-173, October 1994, NTIS PB95-104766. This document also contains approved analytical
methods which will not be acceptable after July 1, 1996.
Synthetic Organic Chemicals
Contaminant
Method
2,3,7,8-TCDD (dioxin)
1613
2,4-D
515.2, 555, 515.1.
2,4,5-TP (Silvex)
515.2, 555, 515.1.
Alachlor
5051, 507, 525.2, 508.1.
Atrazine
5051, 507, 525.2, 508.1.
Benzo(a)pyrene
525.2, 550, 550.1.
Carbofuran
531.1, 6610.
Chlordane
505, 508, 525.2, 508.1.
Dalapon
552.1, 515.1.
Di(2-ethylhexyl) adipate
506, 525.2.
Di(2-ethylhexyl) phthalate
506, 525.2.
Dibromochloropropane (DBCP)
504.1, 551.
Dinoseb
515.2, 555, 515.1.
Diquat
549.1.
Endothall
548.1.
Endrin
505, 508, 525.2, 508.1.
Ethylene dibromide (EDB)
504.1, 551.
Glyphosate
547, 6651.
Heptachlor
505, 508, 525.2, 508.1.
Heptachlor Epoxide
505, 508, 525.2, 508.1.
Hexachlorobenzene
505, 508, 525.2, 508.1.
Hexachlorocyclopentadiene
505, 525.2, 508, 508.1.
Lindane
505, 508, 525.2, 508.1.
Section “I”: Appendix One
222
Contaminant
Method
Methoxychlor
505, 508, 525.2, 508.1.
Oxamyl
531.1, 6610.
PCBs2(as decachlorobiphenyl)
508A.
(as Aroclors)
505, 508.
Pentachlorophenol
515.2, 525.2, 555, 515.1.
Picloram
515.2, 555, 515.1.
Simazine
5051, 507, 525.2, 508.1.
Toxaphene
505, 508, 525.2.
Total Trihalomethanes
502.2, 524.2, 551.
1
A nitrogen-phosphorous detector should be substituted for the electron capture detector in Method 505 (or another
approved method should be used) to determine alachlor, atrazine and simazine, if lower detection limits are required.
2
PCBs are qualitatively identified as Aroclors and measured for compliance purposes as decachlorobiphenyl.
(ix)
Polychlorinated biphenyls (PCBs) (as decachlorobiphenyl)
aa)
Analysis for PCBs shall be conducted as follows using either Method 505 or Method
508.
bb)
If PCBs (as one of seven Aroclors) are detected (as designated in this paragraph) in any
sample analyzed using Method 505 or 508, the system shall reanalyze the sample using
Method 508A to quantitate PCBs (as decachlorobiphenyl).
Aroclor
Detection limit (mg/l)
1016 . . . . . . . . . . . . .
0.00008
1221 . . . . . . . . . . . . .
0.02
1232 . . . . . . . . . . . . .
0.0005
1242 . . . . . . . . . . . . .
0.0003
1248 . . . . . . . . . . . . .
0.0001
1254 . . . . . . . . . . . . .
0.0001
1260 . . . . . . . . . . . . .
0.0002
Section “I”: Appendix One
223
cc)
Compliance with the PCB MCL shall be determined based upon the quantitiative results
of analysis using Method 508A.
Section “I”: Appendix One
224
b. Laboratory Criteria
i.
Analysis under this section shall only be conducted by laboratories that have received
certification by EPA or the State and have met the following conditions:
(aa) To receive certification to conduct analyses for the contaminants in B, (SOC's) above
the laboratory must:
(i-a)
Analyze Performance Evaluation samples which include those substances
provided by EPA Environmental Monitoring and Support Laboratory or
equivalent samples provided by the State.
(i-b) Achieve quantitative results on the analyses that are within the following
acceptance limits:
Contaminant
Acceptance Limits (percent)
Alachlor
+45.
Aldicarb
2 standard deviations
Aldicarb sulfoxide
2 standard deviations
Aldicarb sulfone
2 standard deviations
Atrazine
+45.
Benzo(a)oyrene
2 standard deviations
Carbofuran
+45.
Chlordane
+45.
Dalapon
2 standard deviations
Di(2-ethylhexyl)adipate
2 standard deviations
Dibromochloropropane (DBCP)
+40
2,3,7,8-TCDD (Dioxin)
2 standard deviations
2,4-D
+50
2,4,5-TP (Silvex)
+50
Di(2-ethylhexyl)phthalate
2 standard deviations
Dinoseb
2 standard deviations
Diquat
2 standard deviations
Endothall
2 standard deviations
Endrin
+30
Ethylene dibromide (EDB)
+40
Section “I”: Appendix One
225
Contaminant
Acceptance Limits (percent)
Glyphosate
2 standard deviations
Heptachlor
+45
Heptachlor epoxide
+45
Hexachlorobenzene
2 standard deviations
Hexachloro-cyclopentadiene
2 standard deviations
Lindane
+45
Methoxychlor
+45
Oxamyl
2 standard deviations
PCBs (as Decachlorobiphenyl)
0-200
Picloram
2 standard deviations
Pentachlorophenol
+50
Simazine
2 standard deviations
Toxaphene
+45
2,4,5-TP (Silvex)
+50
bb)
Detection shall be defined as greater than or equal to the following concentrations for
each contaminant:
Contaminant
Detection Limit (mg/L)
Alachlor
0.0002
Aldicarb
0.0005
Aldicarb sulfoxide
0.0005
Aldicarb sulfone
0.0008
Atrazine
0.0001
Benzo(a)oyrene
0.00002
Carbofuran
0.0009
Chlordane
0.0002
Dalapon
0.001
Di(2-ethylhexyl)adipate
0.0006
Dibromochloropropane (DBCP)
0.00002
2,3,7,8-TCDD (Dioxin)
0.000000005
Section “I”: Appendix One
226
Contaminant
Detection Limit (mg/L)
2,4-D
0.0001
2,4,5-TP (Silvex)
0.0002
Di(2-ethylhexyl)phthalate
0.0006
Dinoseb
0.0002
Diquat
0.0004
Endothall
0.009
Endrin
0.00001
Ethylene dibromide (EDB)
0.00001
Glyphosate
0.006
Heptachlor
0.00004
Heptachlor eqoxide
0.00002
Hexachlorobenzene
0.0001
Hexachloro-cyclopentadiene
0.0001
Lindane
0.00002
Methoxychlor
0.0001
Oxamyl
0.002
PCBs (as Decachlorobiphenyl)
0.0001
Picloram
0.0001
Pentachlorophenol
0.00004
Simazine
0.00007
Toxaphene
0.001
2. Special Monitoring
a. Methodology
i)
Systems shall monitor for the unregulated organic contaminants listed in 16.7 and
referenced in Section 17.5 using the method(s) identified below and using the analytical
test procedures contained in Technical Notes on Drinking Water Methods, EPA-600/R-
94-173, October 1994, which is available at NTIS, PB95-104766.
Contaminants
Method
aldicarb
531.1, 6610.
Section “I”: Appendix One
227
Contaminants
Method
aldicarb sulfone
531.1, 6610.
aldicarb sulfoxide
531.1, 6610.
aldrin
505, 508, 525.2, 508.1
butachlor
507, 525.2
carbaryl
531.1, 6610.
dicamba
515.2, 555, 515.1.
dieldrin
505, 508, 525.2, 508.1
3-hydroxycarbofuran
531.1, 6610.
methomyl
531.1, 6610.
metolachlor
507, 525.2, 508.1.
metribuzin
507, 525.2, 508.1.
propachlor
508, 525.2, 508.1.
ii)
Methods 505, 507, 508, 515.1 and 531.1 are in "Methods for the Determination of
Organic Compounds in Drinking Water, EPA-600/4-88-039, December 1988, Revised,
July 1991.
iii)
Methods 515.2, and 555 are in Methods for the Determination of Organic Compounds
in Drinking Water -- Supplement II, EPA-600/R-92-129, August 1992.
The documents referenced in ii & iii above, are available from the National Technical
Information Service, NTIS PB91-231480, PB91-146027, PB92-207703 and PB95-
104774, U.S. Department of Commerce, 5285 Port Royal Road, Springfield, Virginia
22161.
iv)
Method 6610 shall be followed in accordance with the Standard Methods for the
Examination of Water and Wastewater 18th Edition Supplement, 1994, American
Public Health Association. Copies may be obtained from the American Public Health
Association, 1015 Fifteenth Street NW, Washington, DC 20005. Copies may be
inspected at EPA's Drinking Water Docket, 401 M Street, SW., Washington, DC
20460; or at the Office of the Federal Register, 800 North Capitol Street, NW., Site
700, Washington DC.
v)
EPA Methods 508.1 and 525.2 are available from US EPA EMSL, Cincinnati OH
45268.
Section “I”: Appendix One
228
SECTION II
D.
Radiological Chemistry
Reference for Section 16.5 of the Regulations.
1.
The methods specified in Interim Radiochemical Methodology for Drinking Water,
Environmental Monitoring and Support Laboratory, EPA-600/4-75-008, USEPA, Cincinnati,
Ohio 45268, or those listed below, are to be used to determine compliance with S16.5
(radioactivity) except in cases where alternative methods have been approved by the Director.
a)
Gross Alpha and Beta-Method 302 "Gross Alpha and Beta Radioactivity in Water"
Standard Methods for the Examination of Water and Wastewater, 13th Edition,
American Public Health Association, New York, NY.,1971.
b)
Total Radium--Method 304 "Radium in Water by Precipitation" Ibid.
c)
Radium-226--Method 305 "radium-226 by Radon in Water" Ibid.
d)
Strontium-89, 90 -- Method 303 "Total Strontium and Strontium-90 in Water" Ibid.
e)
Tritium--Method 306 "Tritium in Water" Ibid.
f)
Cesium-134 -- ASTM D-2459 "Gamma Spectrometry in Water, " 1975 Annual Book of
ASTM Standards, water and Atmospheric Analysis, Part 31, American Society for
Testing and Materials, Philadelphia, PA. (1975).
g)
Uranium-ASTM D-2907 "Microquantities of Uranium in Water by Fluorometry," Ibid.
2.
When the identification and measurement of radionuclides other than those listed in paragraph
(1) of this section is required, the following references are to be used, except in cases where
alternative methods have been approved by the Director.
a)
Procedures for Radiochemical Analysis of Nuclear Reactor Aqueous Solutions, H.L.
Krieger and S. Gold, EPA-R4-73-014. USEPA, Cincinnati, Ohio, May 1973.
b)
HASL Procedure Manual, Edited by John H. Harley. HASL 300, ERDA Health and
Safety Laboratory, New York, NY., 1973.
3.
For the purpose of monitoring radioactivity concentrations in drinking water, the required
sensitivity of the radioanalysis is defined in terms of a detection limit. The detection limit
shall be that concentration which can be counted with a precision of plus or minus 100 percent
at the 95 percent confidence level (1.96 σ where σ is the standard deviation of the net
counting rate of the sample).
Section “I”: Appendix One
229
a)
To determine compliance with 16.5 b, Radium 226 & 228, the detection limit shall not
exceed 1 pCi/1. To determine compliance with 16.5 b, the detection limit shall not
exceed 3 pCi/1.
b)
To determine compliance with 16.5 b, Gross Alpha activity including Radium 226
but excluding Radon and Uranium, the detection limits shall not exceed the
concentrations listed in Table B.
TABLE B--Detection Limits for Man-made Beta Particle and Photon Emitters
Radionuclide
Detection Limit
Tritium
1,000 pCi/l
Strontium-89
10 pCi/l
Strontium-90
2 pCi/l
Iodine-131
1 pCi/l
Cesium-134
10 pCi/l
Gross beta
4 pCi/l
Other radionuclides
1/10 of the applicable limit
October 25, 2001
DWQ-appendix1-section i-finalregs-june01.doc
Section “J”: Appendix Two
230
APPENDIX 2
MANDATORY HEALTH EFFECTS INFORMATION
The following language must be included, word for word, in any notice involving a violation related to one
of the twelve following contaminants.
1)
1,1-Dichloroethylene: The United States Environmental Protection Agency (EPA) sets drinking
water standards and has determined that 1,1-dichloroethylene is a health concern at certain levels
of exposure. This chemical is used n industry and is found in drinking water as a result of the
breakdown of related solvents. The solvents are used as cleaners and degreasers of metals and
generally get into drinking water by improper waste disposal. This chemical has been shown to
cause liver and kidney damage in laboratory animals such as rats and mice when the animals are
exposed at high levels over their lifetimes. Chemicals which cause adverse effects in laboratory
animals also may cause adverse health effects in humans who are exposed at lower levels over
long periods of time. EPA has set the enforceable drinking water standards for 1,1-
dichloroethylene at 0.007 parts per million (ppm) to reduce the risk of these adverse health
effects which have been observed in laboratory animals. Drinking water which meets this standard
is associated with little to none of this risk and should be considered safe.
2)
1,1,1-Trichloroethane: The United States Environmental Protection Agency (EPA) sets drinking
water standards and has determined that 1,1,1-trichloroethane is a health concern at certain levels
of exposure. This chemical is used as a cleaner and degreaser of metals. It generally gets into
drinking water by improper waste disposal. This chemical has been shown to damage the liver,
nervous system, and circulatory system of laboratory animals such as rats and mice when the
animals are exposed at high levels over their lifetimes. Some industrial workers who were
exposed to relatively large amounts of this chemical during their working careers also suffered
damage to the liver, nervous system, and circulatory system. Chemicals which cause adverse
effects among exposed industrial workers and in laboratory animals also may cause adverse health
effects in humans who are exposed at lower levels over long periods of time. EPA has set the
enforceable drinking water standard for 1,1,1-trichloroethane at 0.2 parts per million (ppm) to
protect against the risk of these adverse health effects which have been observed in humans and
laboratory animals. Drinking water which meets this standard is associated with little to none of
this risk and should be considered safe.
3)
1,2-Dichloroethane: The United States Environmental Protection Agency (EPA) sets drinking
water standards and has determined that 1,2-dichloroethane is a health concern at certain levels of
exposure. This chemical is used as a cleaning fluid for fats, oils, waxes, and resins. It generally
gets into drinking water by improper waste disposal. This chemical has been shown to cause
cancer in laboratory animals such as rats and mice when the animals are exposed at high levels
over their lifetimes. Chemicals that cause cancer in laboratory animals also may increase the risk
of cancer in humans who are exposed at lower levels over long periods of time. EPA has set the
enforceable drinking water standard for 1,2-dichloroethane at 0.005 parts per million (ppm) to
reduce the risk of cancer or other adverse health effects which have been observed in laboratory
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231
animals. Drinking water which meets this standard is associated with little to none of this risk and
should be considered safe.
4)
Benzene: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that benzene is a health concern at certain levels of exposure.
This chemical is used as a solvent and degreaser of metals. It is also a major component
of gasoline. Drinking water contamination generally results from leaking underground
gasoline and petroleum tanks or improper waste disposal. This chemical has been
associated with significantly increased risks of leukemia among certain industrial workers
who were exposed to relatively large amounts of this chemical during their working
careers. This chemical has also been shown to cause cancer in laboratory animals when the
animals are exposed at high levels over their lifetimes. Chemicals that cause increased
risk of cancer among exposed industrial workers and in laboratory animals also may
increase the risk of cancer in humans who are exposed at lower levels over long periods of
time. EPA has set the enforceable drinking water standard for benzene at 0.005 parts per
million (ppm) to reduce the risk of cancer or other adverse health effects which have been
observed in humans and laboratory animals. Drinking water which meets this standard is
associated with little to none of this risk and should be considered safe.
5)
Carbon tetrachloride: The United States Environmental protection Agency (EPA) sets
drinking water standards and has determined that carbon tetrachloride is a health concern at
certain levels of exposure. This chemical was once a popular household cleaning fluid. It
generally gets into drinking water by improper waste disposal. This chemical has been
shown to cause cancer in laboratory animals such as rats and mice when the animals are
exposed at high levels over their lifetimes. Chemicals that cause cancer in laboratory
animals also may increase the risk of cancer in humans who are exposed at lower levels
over long periods of time. EPA has set the enforceable drinking water standard for carbon
tetrachloride at 0.005 parts per million (ppm) to reduce the risk of cancer or other adverse
health effects which have been observed in laboratory animals. Drinking water which
meets this standard is associated with little to none of this risk and should be considered
safe.
6)
Fecal coliforms/E. coli: The United States Environmental Protection Agency (EPA) sets
drinking water standards and has determined that the presence of fecal coliforms or E. coli
is a serious health concern. Fecal coliforms and E. coli are generally not harmful
themselves, but their presence in drinking water is serious because they usually are
associated with sewage or animal wastes. The presence of these bacteria in drinking water
is generally a result of a problem with water treatment or the pipes which distribute the
water, and indicates that the water may be contaminated with organisms that can cause
disease. Disease symptoms may include diarrhea, cramps, nausea, and possible jaundice,
and associated headaches and fatigue. These symptoms, however, are not just associated
with disease-causing organisms in drinking water, but also may be caused by a number of
factors other than your drinking water. EPA has set an enforceable drinking water standard
for fecal coliforms and E. coli to reduce the risk of these adverse health effects. Under
this standard all drinking water samples must be free of these bacteria. Drinking water
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232
which meets this standard is associated with little or none of this risk and should be
considered safe. State and local health authorities recommend that consumers take the
following precautions: (To be inserted by the public water system, according to
instructions from State authorities).
7)
Fluoride: Contact the RI Department of Health, Division of Drinking Water Quality for
required health effects language.
8)
Microbiological contaminants: The United States Environmental Protection Agency (EPA)
sets drinking water standards and has determined that the presence of microbiological
contaminants are a health concern at certain levels of exposure. If water is inadequately
treated, microbiological contaminants in that water may cause disease. Disease symptoms
may include diarrhea, cramps, nausea, and possible jaundice, and any associated headaches
and fatigue. These symptoms, however, are not just associated with disease-causing
organisms in drinking water, but also may be caused by a number of factors other than your
drinking water. EPA has set enforceable requirements for treating drinking water to
reduce the risk of these adverse health effects. Treatment such as filtering and disinfecting
the water removes or destroys microbiological contaminants. Drinking water which is
treated to meet EPA requirements is associated with little to none of this risk and should
be considered safe.
9)
Para-dichlorobenzene: The United States Environmental Protection Agency (EPA) sets
drinking water standards and has determined that para-dichlorobenzene is a health concern
at certain levels of exposure. This chemical is a component of deodorizers, moth balls,
and pesticides. It generally gets into drinking water by improper waste disposal. The
chemical has been shown to cause liver and kidney damage in laboratory animals such as
rats and mice when the animals are exposed at high levels over their lifetimes. Chemicals
which cause adverse effects in laboratory animals also may cause adverse health effects in
humans who are exposed at lower levels over long periods of time. EPA has set the
enforceable drinking water standard for para-dichlorobenzene at 0.075 parts per million
(ppm) to reduce the risk of these adverse health effects which have been observed in
laboratory animals. Drinking water which meets this standard is associated with little to
none of this risk and should be considered safe.
10)
Total coliforms: The United States Environmental Protection Agency (EPA) sets drinking
water standards and has determined that the presence of total coliforms is a possible health
concern. Total coliforms are common in the environment and are generally not harmful
themselves. The presence of these bacteria in drinking water, however, generally is a
result of a problem with water treatment or the pipes which distribute the water, and
indicates that the water may be contaminated with organisms that can cause disease.
Disease symptoms may include diarrhea, cramps, nausea, and possible jaundice, and any
associated headaches and fatigue. These symptoms, however, are not just associated with
disease-causing organisms in drinking water, but also may be caused by a number of
factors other than your drinking water. EPA has set an enforceable drinking water standard
for total coliforms to reduce the risk of these adverse health effects. Under this standard,
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no more than 5.0 percent of the samples collected during a month can contain these
bacteria, except that systems collecting fewer than 40 samples/month that have one total
coliform-positive sample per month are not violating the standard. Drinking water which
meets this standard is usually not associated with a health risk from disease-causing
bacteria and should be considered safe.
11)
Trichloroethylene: The United States Environmental Protection Agency (EPA) sets
drinking water standards and has determined that trichloroethylene is a health concern at
certain levels of exposure. This chemical is a common metal cleaning and dry cleaning
fluid. It generally gets into drinking water by improper waste disposal. This chemical has
been shown to cause cancer in laboratory animals such as rats and mice when the animals
are exposed at high levels over their lifetimes. Chemicals that cause cancer in laboratory
animals also may increase the risk of cancer in humans who are exposed at lower levels
over long periods of time. EPA has set forth the enforceable drinking water standard for
trichloroethylene at 0.005 parts per million (ppm) to reduce the risk of cancer or other
adverse health effects which have been observed in laboratory animals. Drinking water
which meets this standard is associated with little to none of this risk and should be
considered safe.
12)
Vinyl chloride: The United States Environmental Protection Agency (EPA) sets drinking
water standards and has determined that vinyl chloride is a health concern at certain levels
of exposure. This chemical is used in industry and is found in drinking water as a result of
the breakdown of related solvents. The solvents are used as cleaners and degreasers of
metals and generally get into drinking water by improper waste disposal. This chemical has
been associated with significantly increased risks of cancer among certain industrial
workers who were exposed to relatively large amounts of this chemical during their
working careers. This chemical has also been shown to cause cancer in laboratory animals
when the animals are exposed at high levels over their lifetimes. Chemicals that cause
increased risk of cancer among exposed industrial workers and in laboratory animals also
may increase the risk of cancer in humans who are exposed at lower levels over long
periods of time. EPA has set the enforceable drinking water standard for vinyl chloride at
0.002 parts per million (ppm) to reduce the risk of cancer or other adverse health effects
which have been observed in humans and laboratory animals. Drinking water which meets
this standard is associated with little to none of this risk and should be considered safe.
13)
Asbestos: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that asbestos fibers greater than 10 micrometers in length are
a health concern at certain levels of exposure. Asbestos is a naturally occurring mineral.
Most asbestos fibers in drinking water are less than 10 micrometers in length and occur in
drinking water from natural sources and from corroded asbestos-cement pipes in the
distribution system. The major uses of asbestos were in the production of cements, floor
tiles, paper products, paint, and caulking; in transportation-related applications; and in the
production of textiles and plastics. Asbestos was once a popular insulating and fire
retardant material. Inhalation studies have shown that various forms of asbestos have
produced lung tumors in laboratory animals. The available information on the risk of
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234
developing gastrointestinal tract cancer associated with the ingestion of asbestos from
drinking water is limited. Ingestion of intermediate-range chrysotile asbestos fibers
greater than 10 micrometers in length is associated with causing benign tumors in male
rats. Chemicals that cause cancer in laboratory animals also may increase the risk of
cancer in humans who are exposed over long periods of time. EPA has set the drinking
water standard for asbestos at 7 million long fibers per liter to reduce the potential risk of
cancer or other adverse health effects which have been observed in laboratory animals.
Drinking water which meets the EPA standard is associated with little to none of this risk
and should be considered safe with respect to asbestos.
14)
Barium: The United States Environmental protection Agency (EPA) sets drinking water
standards and has determined that barium is a health concern at certain levels of exposure.
This inorganic chemical occurs naturally in some aquifers that serve as sources of ground
water. It is also used in oil and gas drilling muds, automotive paints, bricks, tiles and jet
fuels. It generally gets into drinking water after dissolving from naturally occurring
minerals in the ground. This chemical may damage the heart and cardiovascular system,
and is associated with high blood pressure in laboratory animals such as rats exposed to
high levels during their lifetimes. In humans, EPA believes that effects from barium on
blood pressure should not occur below 2 parts per million (ppm) in drinking water. EPA
has set the drinking water standard for barium at 2 parts per million (ppm) to protect
against the risk of these adverse health effects. Drinking water that meets the EPA
standard is associated with little to none of this risk and is considered safe with respect to
barium.
15)
Cadmium: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that cadmium is a health concern at certain levels of
exposure. Food and the smoking of tobacco are common sources of general exposure.
This inorganic metal is a contaminant in the metals used to galvanize pipe. It generally gets
into water by corrosion of galvanized pipes or by improper waste disposal. This chemical
has been shown to damage the kidney in animals such as rats and mice when the animals are
exposed at high levels over their lifetimes. Some industrial workers who were exposed to
relatively large amounts of this chemical during working careers also suffered damage to
the kidney. EPA has set the drinking water standard for cadmium at 0.005 parts per million
(ppm) to protect against the risk of these adverse health effects. Drinking water that meets
the EPA standard is associated with little to none of this risk and is considered safe with
respect to cadmium.
16)
Chromium: The United States Environmental Protection Agency (EPA) sets drinking
water standards and has determined that chromium is a health concern at certain levels of
exposure. This inorganic metal occurs naturally in the ground and is often used in the
electroplating of metals. It generally gets into water from runoff from old mining
operations and improper waste disposal from plating operations. This chemical has been
shown to damage the kidney, nervous system, and the circulatory system of laboratory
animals such as rats and mice when the animals are exposed at high levels. Some humans
who were exposed to high levels of this chemical suffered liver and kidney damage,
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235
dermatitis and respiratory problems. EPA has set the drinking water standard for
chromium at 0.1 parts per million (ppm) to protect against the risk of these adverse health
effects. Drinking water that meets the EPA standard is associated with little to none of
this risk and is considered safe with respect to chromium.
17)
Mercury: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that mercury is a health concern at certain levels of exposure.
This inorganic metal is used in electrical equipment and some water pumps. It usually gets
into water as a result of improper waste disposal. This chemical has been shown to damage
the kidney of laboratory animals such as rats when the animals are exposed at high levels
over their lifetimes. EPA has set the drinking water standard for mercury at 0.002 parts
per million (ppm) to protect against the risk of these adverse health effects. Drinking
water that meets the EPA standard is associated with little to none of this risk and is
considered safe with respect to mercury.
18)
Nitrate: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that nitrate poses an acute health concern at certain levels of
exposure. Nitrate is used in fertilizer and is found in sewage and wastes from human
and/or farm animals and generally gets into drinking water from those activities. Excessive
levels of nitrate in drinking water have caused serious illness and sometimes death in
infants under six months of age. The serious illness in infants is caused because nitrate is
converted to nitrite in the body. Nitrite interferes with the oxygen carrying capacity of the
child's blood. This is an acute disease in that symptoms can develop rapidly in infants. In
most cases, health deteriorates over a period of days. Symptoms include shortness of
breath and blueness of the skin. Clearly, expert medical advice should be sought
immediately if these symptoms occur. The purpose of this notice is to encourage parents
and other responsible parties to provide infants with an alternate source of drinking water.
Local and State health authorities are the best source for information concerning alternate
sources of drinking water for infants. EPA has set the drinking standard at 10 parts per
million (ppm) for nitrate to protect against the risk of these adverse effects. EPA has also
set a drinking water standard for nitrite at 1 ppm. To allow for the fact that the toxicity of
nitrate and nitrite are additive, EPA has also established a standard for the sum of nitrate
and nitrite at 10 ppm. Drinking water that meets the EPA standard is associated with little
to none of this risk and is considered safe with respect to nitrate.
19)
Nitrite: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that nitrite poses an acute health concern at certain levels of
exposure. This inorganic chemical is used in fertilizers and is found in sewage and wastes
from human and/or farm animals and generally gets into drinking water as a result of those
activities. While excessive levels of nitrite in drinking water have not been observed, other
sources of nitrite have caused serious illness and sometimes death in infants under six
months of age. The serious illness in infants is caused because nitrite interferes with the
oxygen carrying capacity of the child's blood. This is an acute disease in that symptoms
can develop rapidly. However, in most cases, health deteriorates over a period of days.
Symptoms include shortness of breath and blueness of the skin. Clearly, expert medical
Section “J”: Appendix Two
236
advice should be sought immediately if these symptoms occur. The purpose of this notice
is to encourage parents and other responsible parties to provide infants with an alternate
source of drinking water. Local and State health authorities are the best source for
information concerning alternate sources of drinking water for infants. EPA has set the
drinking water standard at 1 part per million (ppm) for nitrite to protect against the risk of
these adverse effects. EPA has also set a drinking water standard for nitrate (converted to
nitrite in humans) at 10 ppm and for the sum of nitrate and nitrite at 10 ppm. Drinking
water that meets the EPA standard is associated with little to none of this risk and is
considered safe with respect to nitrite.
20)
Selenium: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that selenium is a health concern at high levels of exposure.
Selenium is also an essential nutrient at low levels of exposure. This inorganic chemical is
found naturally in food and soils and is used in electronics, photocopy operations, the
manufacture of glass, chemicals, drugs, and as a fungicide and a feed additive. In humans,
exposure to high levels of selenium over a long period of time has resulted in a number of
adverse health effects, including a loss of feeling and control in the arms and legs. EPA
has set the drinking water standard for selenium at 0.05 parts per million (ppm) to protect
against the risk of these adverse health effects. Drinking water that meets the EPA
standard is associated with little to none of this risk and is considered safe with respect to
selenium.
21)
Acylamide: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that acrylamide is a health concern at certain levels of
exposure. Polymers made from acrylamide are sometimes used to treat water supplies to
remove particulate contaminants. Acrylamide has been shown to cause cancer in
laboratory animals such as rats and mice when the animals are exposed at high levels over
their lifetimes. Chemicals that cause cancer in laboratory animals also may increase the
risk of cancer in humans who are exposed over long periods of time. Sufficiently large
doses of acrylamide are known to cause neurological injury. EPA has set the drinking
water standard for acrylamide using a treatment technique to reduce the risk of cancer or
other adverse health effects which have been observed in laboratory animals. This
treatment technique limits the amount of acrylamide in the polymer and the amount of the
polymer which may be added to drinking water to remove particulates. Drinking water
systems which comply with this treatment technique have little to no risk and are
considered safe with respect to acrylamide.
22)
Alachlor: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that alachlor is a health concern at certain levels of exposure.
This organic chemical is a widely used pesticide. When soil and climatic conditions are
favorable, alachlor may get into drinking water by runoff into surface water or by leaching
into ground water. This chemical has been shown to cause cancer in laboratory animals
such as rats and mice when the animals are exposed at high levels over their lifetimes.
Chemicals that cause cancer in laboratory animals also may increase the risk of cancer in
humans who are exposed over long periods of time. EPA has set the drinking water
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237
standard for alachlor at 0.002 parts per million (ppm) to reduce the risk of cancer or other
adverse health effects which have been observed in laboratory animals. Drinking water that
meets this standard is associated with little to none of this risk and is considered safe with
respect to alachlor.
23)
Aldicarb: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that aldicarb is a health concern at certain levels of exposure.
Aldicarb is a widely used pesticide. Under certain soil and climatic conditions (e.g., sandy
soil and high rainfall), aldicarb may leach into ground water after normal agricultural
applications to crops such as potatoes or peanuts or may enter drinking water supplies as a
result of surface runoff. This chemical has been shown to damage the nervous system in
laboratory animals such as rats and dogs exposed to high levels. EPA has set the drinking
water standard for aldicarb at 0.003 parts per million (ppm) to protect against the risk of
adverse health effects. Drinking water that meets the EPA standard is associated with little
to none of this risk and is considered safe with respect to aldicarb.
24)
Aldicarb sufloxide: The United States Environmental Protection Agency (EPA) sets
drinking water standards and has determined that aldicarb sulfoxide is a health concern at
certain levels of exposure. Aldicarb is a widely used pesticide. Aldicarb sulfoxide in
ground water is primarily a breakdown product of aldicarb. Under certain soil and climatic
conditions (e.g., sandy soil and high rainfall), aldicarb sulfoxide may leach into ground
water after normal agricultural applications to crops such as potatoes or peanuts or may
enter drinking water supplies as a result of surface runoff. This chemical has been shown
to damage the nervous system in laboratory animals such as rats and dogs exposed to high
levels. EPA has set the drinking water standard for aldicarb sulfoxide at 0.004 parts per
million (ppm) to protect against the risk of adverse health effects. Drinking water that
meets the EPA standard is associated with little to none of this risk and is considered safe
with respect to aldicarb sulfoxide.
25)
Aldicarb sulfone: The United States Environmental Protection Agency (EPA) sets drinking
water standards and has determined that aldicarb sulfone is a health concern at certain
levels of exposure. Aldicarb is a widely used pesticide. Aldicarb sulfone is formed from
the breakdown of aldicarb and is considered for registration as a pesticide under the name
aldoxycarb. Under certain soil and climatic conditions (e.g., sandy soil and high rainfall),
aldicarb sulfone may leach into ground water after normal agricultural applications to
crops such as potatoes or peanuts or may enter drinking water supplies as a result of
surface runoff. This chemical has been shown to damage the nervous system in laboratory
animals such as rats and dogs exposed to high levels. EPA has set the drinking water
standard for aldicarb sulfone at 0.002 parts per million (ppm) to protect against the risk of
adverse health effects. Drinking water that meets the EPA standard is associated with little
to none of this risk and is considered safe with respect to aldicarb sulfone.
26)
Atrazine: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that atrazine is a health concern at certain levels of exposure.
This organic chemical is a herbicide. When soil and climatic conditions are favorable,
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atrazine may get into drinking water by runoff into surface water or by leaching into ground
water. This chemical has been shown to affect offspring of rats and the heart of dogs. EPA
has set the drinking water standard for atrazine at 0.003 parts per million (ppm) to protect
against the risk of these adverse health effects. Drinking water that meets the EPA
standard is associated with little to none of this risk and is considered safe with respect to
atrazine.
27)
Carbofuran: The United States Environmental Protection Agency (EPA) sets drinking
water standards and has determined that carbofuran is a health concern at certain levels of
exposure. This organic chemical is a pesticide. When soil and climatic conditions are
favorable, carbofuran may get into drinking water by runoff into surface water or by
leaching into ground water. This chemical has been shown to damage the nervous and
reproductive systems of laboratory animals such as rats and mice exposed at high levels
over their lifetimes. Some humans who were exposed to relatively large amounts of this
chemical during their working careers also suffered damage to the nervous system.
Effects on the nervous system are generally rapidly reversible. EPA has set the drinking
water standard for carbofuran at 0.04 parts per million (ppm) to protect against the risk of
these adverse health effects. Drinking water that meets the EPA standard is associated
with little to none of this risk and is considered safe with respect to carbofuran.
28)
Chlordane: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that chlordane is a health concern at certain levels of
exposure. This organic chemical is a pesticide used to control termites. Chlordane is not
very mobile in soils. It usually gets into drinking water after application near water supply
intakes or wells. This chemical has been shown to cause cancer in laboratory animals such
as rats and mice when the animals are exposed at high levels over their lifetimes.
Chemicals that cause cancer in laboratory animals also may increase the risk of cancer in
humans who are exposed over long periods of time. EPA has set the drinking water
standard for chlordane at 0.002 parts per million (ppm) to reduce the risk of cancer or
other adverse health effects which have been observed in laboratory animals. Drinking
water that meets the EPA standard is associated with little to none of this risk and is
considered safe with respect to chlordane.
29)
Dibromochloropropane (DBCP): The United States Environmental Protection Agency
(EPA) sets drinking water standards and has determined that DBCP is a health concern at
certain levels of exposure. This organic chemical was once a popular pesticide. When soil
and climatic conditions are favorable, dibromochloropropane may get into drinking water
by runoff into surface water or by leaching into ground water. This chemical has been
shown to cause cancer in laboratory animals such as rats and mice when the animals are
exposed at high levels over their lifetimes. Chemicals that cause cancer in laboratory
animals also may increase the risk of cancer i n humans who are exposed over long periods
of time. EPA has set the drinking water standard for DBCP at 0.0002 parts per million
(ppm) to reduce the risk of cancer or other adverse health effects which have been
observed in laboratory animals. Drinking water that meets the EPA standard is associated
with little to none of this risk and is considered safe with respect to DBCP.
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239
30)
o-Dichlorobenzene: The United States Environmental Protection Agency (EPA) sets
drinking water standards and has determined that o-dichlorobenzene is a health concern at
certain levels of exposure. This organic chemical is used as a solvent in the production of
pesticides and dyes. It generally gets into water by improper waste disposal. This
chemical has been shown to damage the liver, kidney and the blood cells of laboratory
animals such as rats and mice exposed to high levels during their lifetimes. Some
industrial workers who were exposed to relatively large amounts of this chemical during
working careers also suffered damage to the liver, nervous system, and circulatory system.
EPA has set the drinking water standard for o-dichlorobenzene at 0.6 parts per million
(pm) to protect against the risk of these adverse health effects. Drinking water that meets
the EPA standard is associated with little to none of this risk and is considered safe with
respect to o-dichlorobenzene.
31)
cis-1,2-Dichloroethylene: The United States Environmental Protection Agency (EPA)
establishes drinking water standards and has determined that cis-1,2-dichloroethylene is a
health concern at certain levels of exposure. This organic chemical is used as a solvent and
intermediate in chemical production. It generally gets into water by improper waste
disposal. This chemical has been shown to damage the liver, nervous system, and
circulatory system of laboratory animals such as rats and mice when exposed at high levels
over their lifetimes. some humans who were exposed to relatively large amounts of this
chemical also suffered damage to the nervous system. EPA has set the drinking water
standard for cis-1,2-dichloroethylene at 0.07 parts per million (ppm) to protect against the
risk of these adverse health effects. Drinking water that meets the EPA standard is
associated with little to none of this risk and is considered safe with respect to cis-1,2-
dichloroethylene.
32)
trans-1,2-Diochloroethylene: The United States Environmental Protection Agency (EPA)
establishes drinking water standards and has determined that trans-1,2-diochloroethylene is
a health concern at certain levels of exposure. This organic chemical is used as a solvent
and intermediate in chemical production. It generally gets into water by improper waste
disposal. This chemical has been shown to damage the liver, nervous system, and the
circulatory system of laboratory animals such as rats and mice when exposed at high levels
over their lifetimes. Some humans who were exposed to relatively large amounts of this
chemical also suffered damage to the nervous system. EPA has set the drinking water
standard for trans-1,2-diochloroethylene at 0.1 parts per million (ppm) to protect against
the risk of these adverse health effects. Drinking water that meets the EPA standard is
associated with little to none of this risk and is considered safe with respect to trans-1,2-
diochloroethylene.
33)
1,2-Dichloropropane: The United States Environmental Protection Agency (EPA) sets
drinking water standards and has determined that 1,2-dichloropropane is a health concern at
certain levels of exposure. This organic chemical is used as a solvent and pesticide. When
soil and climatic conditions are favorable, 1,2-dichloropropane may get into drinking water
by runoff into surface water or by leaching into ground water. It may also get into drinking
Section “J”: Appendix Two
240
water through improper waste disposal. This chemical has been shown to cause cancer in
laboratory animals such as rats and mice when the animals are exposed at high levels over
their lifetimes. Chemicals that cause cancer in laboratory animals also may increase the
risk of cancer in humans who are exposed over long periods of time. EPA has set the
drinking water standard for 1,2-dichloropropane at 0.005 parts per million (ppm) to reduce
the risk of cancer or other adverse health effects which have been observed in laboratory
animals. Drinking water that meets the EPA standard is associated with little to none of
this risk and is considered safe with respect to 1,2-dichloropropane.
34)
2,4-D: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that 2,4-D is a health concern at certain levels of exposure.
This organic chemical is used as a herbicide and to control algae in reservoirs. When soil
and climatic conditions are favorable, 2.4-D may get into drinking water by runoff into
surface water or by leaching into ground water. This chemical has been shown to damage
the liver and kidney of laboratory animals such as rats exposed at high levels during their
lifetimes. Some humans who were exposed to relatively large amounts of this chemical
also suffered damage to the nervous system. EPA has set the drinking water standard for 2,
4-D at 0.07 parts per million (ppm) to protect against the risk of these adverse health
effects. Drinking water that meets the EPA standard is associated with little to none of
this risk and is considered safe with respect to 2,4-D.
35)
Epichlorohydrin: The United States Environmental Protection Agency (EPA) sets drinking
water standards and has determined that epichlorohydrin is a health concern at certain
levels of exposure. Polymers made from epichlorohydrin are sometimes used in the
treatment of water supplies as a flocculent to remove particulates. Epichlorohydrin
generally gets into drinking water by improper use of these polymers. This chemical has
been shown to cause cancer in laboratory animals such as rats and mice when the animals
are exposed at high levels over their lifetimes. Chemicals that cause cancer in laboratory
animals also may increase the risk of c ancer in humans who are exposed over long periods
of time. EPA has set the drinking water standard for epichlorohydrin using a treatment
technique to reduce the risk of cancer or other adverse health effects which have been
observed in laboratory animals. This treatment technique limits the amount of
epichlorohydrin in the polymer and the amount of the polymer which may be added to
drinking water as a flocculent to remove particulates. Drinking water systems which
comply with this treatment technique have little to no risk and are considered safe with
respect to epichlorohydrin.
36)
Ethylbenzene: The United States Environmental Protection Agency (EPA) sets drinking
water standards and has determined ethylbenzene is a health concern at certain levels of
exposure. This organic chemical is a major component of gasoline. It generally gets into
water by improper waste disposal or leaking gasoline tanks. This chemical has been shown
to damage the kidney, liver, and nervous system of laboratory animals such as rats exposed
to high levels during their lifetimes. EPA has set the drinking water standard for
ethylbenzene at 0.7 part per million (ppm) to protect against the risk of these adverse
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health effects. Drinking water that meets the EPA standard is associated with little to none
of this risk and is considered safe with respect to ethylbenzene.
37)
Ethylene dibromide (EDB): The United States Environmental Protection Agency (EPA)
sets drinking water standards and has determined that EDB is a health concern at certain
levels of exposure. This organic chemical was once a popular pesticide. When soil and
climatic conditions are favorable, EDB may get into drinking water by runoff into surface
water or by leaching into ground water. This chemical has been shown to cause cancer in
laboratory animals such as rats and mice when the animals are exposed at high levels over
their lifetimes. Chemicals that cause cancer in laboratory animals also may increase the
risk of cancer in humans who are exposed over long periods of time. EPA has set the
drinking water standard for EDB at 0.00005 part per million (ppm) to reduce the risk of
cancer or other adverse health effects which have been observed in laboratory animals.
Drinking water that meets this standard is associated with little to none of this risk and is
considered safe with respect to EDB.
38)
Heptachlor: The United States Environmental Protection Agency (EPA) sets drinking
water standards and has determined that heptachlor is a health concern at certain levels of
exposure. This organic chemical was once a popular pesticide. When soil and climatic
conditions are favorable, heptachlor may get into drinking water by runoff into surface
water or by leaching into ground water. This chemical has been shown to cause cancer in
laboratory animals such as rats and mice when the animals are exposed at high levels over
their lifetimes. Chemicals that cause cancer in laboratory animals also may increase the
risk of cancer in humans who are exposed over long periods of time. EPA has set the
drinking water standards for heptachlor at 0.0004 part per million (ppm) to reduce the risk
of cancer or other adverse health effects which have been observed in laboratory animals.
Drinking water that meets this standard is associated with little to none of this risk and is
considered safe with respect to heptachlor.
39)
Heptachlor epoxide: The United States Environmental Protection Agency (EPA) sets
drinking water standards and has determined that heptachlor epoxide is a health concern at
certain levels of exposure. This organic chemical was once a popular pesticide. When soil
and climatic conditions are favorable, heptachlor epoxide may get into drinking water by
runoff into surface water or by leaching into ground water. This chemical has been shown
to cause cancer in laboratory animals such as rats and mice when the animals are exposed
at high levels over their lifetimes. Chemicals that cause cancer in laboratory animals also
may increase the risk of cancer in humans who are exposed over long periods of time.
EPA has set the drinking water standards for heptachlor epoxide at 0.0002 part per million
(ppm) to reduce the risk of cancer or other adverse health effects which have been
observed in laboratory animals. Drinking water that meets this standard is associated with
little to none of this risk and is considered safe with respect to heptachlor epoxide.
40)
Lindane: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that lindane is a health concern at certain levels of exposure.
This organic chemical is used as a pesticide. When soil and climatic conditions are
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favorable, lindane may get into drinking water by runoff into surface water or by leaching
into ground water. This chemical has been shown to damage the liver, kidney, nervous
system, and immune system of laboratory animals such as rats, mice and dogs exposed at
high levels during their lifetimes. Some humans who were exposed to relatively large
amounts of this chemical also suffered damage to the nervous system and circulatory
system. EPA has established the drinking water standard for lindane at 0.0002 part per
million (ppm) to protect against the risk of these adverse health effects. Drinking water
that meets the EPA standard is associated with little to none of this risk and is considered
safe with respect to lindane.
41)
Methoxychlor: The United States Environmental Protection Agency (EPA) sets drinking
water standards and has determined that methoxychlor is a health concern at certain levels
of exposure. This organic chemical is used as a pesticide. When soil and climatic
conditions are favorable, methoxychlor may get into drinking water by runoff into surface
water or by leaching into ground water. This chemical has been shown to damage the liver,
kidney, nervous system, and reproductive system of laboratory animals such as rats
exposed at high levels during their lifetimes. It has also been shown to produce growth
retardation in rats. EPA has set the drinking water standard for methoxychlor at 0.04 part
per million (ppm) to protect against the risk of these adverse health effects. Drinking
water that meets the EPA standard is associated with little to none of this risk and is
considered safe with respect to methoxychlor.
42)
Monochlorobenzene: The United States Environmental Protection Agency (EPA) sets
drinking water standards and has determined that monochlorobenzene is a health concern at
certain levels of exposure. This organic chemical is used as a solvent. It generally gets
into water by improper waste disposal. This chemical has been shown to damage the liver,
kidney and nervous system of laboratory animals such as rats and mice exposed to high
levels during their lifetimes. EPA has set the drinking water standard for
monochlorobenzene at 0.1 part per million (ppm) to protect against the risk of these
adverse health effects. Drinking water that meets the EPA standard is associated with little
to none of this risk and is considered safe with respect to monochlorobenzene.
43)
Polychlorinated biphenyls (PCBs): The United States Environmental Protection Agency
(EPA) sets drinking water standards and has determined that polychlorinated biphenyls
(PCBs) are a health concern at certain levels of exposure. These organic chemicals were
once widely used in electrical transformers and other industrial equipment. They generally
get into drinking water by improper waste disposal or leaking electrical industrial
equipment. This chemical has been shown to cause cancer in laboratory animals such as
rats and mice when the animals are exposed at high levels over their lifetimes. Chemicals
that cause cancer in laboratory animals also may increase the risk of cancer in humans who
are exposed over long periods of time. EPA has set the drinking water standard for PCBs
at 0.0005 part per million (ppm) to reduce the risk of cancer or other adverse health
effects which have been observed in laboratory animals. Drinking water that meets this
standard is associated with little to none of this risk and is considered safe with respect to
PCBs.
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44)
Pentachlorophenol: The United States Environmental Protection Agency (EPA) sets
drinking water standards and has determined that pentachlorophenol is a health concern at
certain levels of exposure. This organic chemical is used as a wood preservative,
herbicide, disinfectant, and defoliant. It generally gets into drinking water by runoff into
surface water or leaching into ground water. This chemical has been shown to produce
adverse reproductive effects and to damage the liver and kidneys of laboratory animals
such as rats exposed to high levels during their lifetimes. Some humans who were exposed
to relatively large amounts of this chemical also suffered damage to the liver and kidneys.
This chemical has been shown to cause cancer in laboratory animals such as rats and mice
when the animals are exposed to high levels over their lifetimes. Chemicals that cause
cancer in laboratory animals also may increase the risk of cancer in humans who are
exposed over long periods of time. EPA has set the drinking water standard for
pentachlorophenol at 0.001 parts per million (ppm) to protect against the risk of cancer or
other adverse health effects. Drinking water that meets the EPA standard is associated
with little to none of this risk and is considered safe with respect to pentachlorophenol.
45)
Styrene: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that styrene is a health concern at certain levels of exposure.
This organic chemical is commonly used to make plastics and is sometimes a component
of resins used for drinking water treatment. Styrene may get into drinking water from
improper waste disposal. This chemical has been shown to damage the liver and nervous
system in laboratory animals when exposed at high levels during their lifetimes. EPA has
set the drinking water standard for styrene at 0.1 part per million (ppm) to protect against
the risk of these adverse health effects. Drinking water that meets the EPA standard is
associated with little to none of this risk and is considered safe with respect to styrene.
46)
Tetrachloroethylene: The United States Environmental Protection Agency (EPA) sets
drinking water standards and has determined that tetrachloroethylene is a health concern at
certain levels of exposure. This organic chemical has been a popular solvent, particularly
for dry cleaning. It generally gets into drinking water by improper waste disposal. This
chemical has been shown to cause cancer in laboratory animals such as rats and mice when
the animals are exposed at high levels over their lifetimes. Chemicals that cause cancer in
laboratory animals also may increase the risk of cancer in humans who are exposed over
long periods of time. EPA has set the drinking water standard for tetrachloroethylene at
0.005 part per million (ppm) to reduce the risk of cancer or other adverse health effects
which have been observed in laboratory animals. Drinking water that meets this standard is
associated with little to none of this risk and is considered safe with respect to
tetrachloroethylene.
47)
Toluene: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that toluene is a health concern at certain levels of exposure.
This organic chemical is used as a solvent and in the manufacture of gasoline for airplanes.
It generally gets into water by improper waste disposal or leaking underground storage
tanks. This chemical has been shown to damage the kidney, nervous system, and
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circulatory system of laboratory animals such as rats and mice exposed to high levels
during their lifetimes. Some industrial workers who were exposed to relatively large
amounts of this chemical during working careers also suffered damage to the liver, kidney
and nervous system. EPA has set the drinking water standard for toluene at 1 part per
million (ppm) to protect against the risk of adverse health effects. Drinking water that
meets the EPA standard is associated with little to none of this risk and is considered safe
with respect to toluene.
48)
Toxophene: The United States Environmental Protection Agency (EPA) sets drinking
water standards and has determined that toxaphene is a health concern at certain levels of
exposure. This organic chemical was once a pesticide widely used on cotton, corn,
soybeans, pineapples and other crops. When soil and climatic conditions are favorable,
toxaphene may get into drinking water by runoff into surface water or by leaching into
ground water. This chemical has been shown to cause cancer in laboratory animals such as
rats and mice when the animals are exposed at high levels over their lifetimes. Chemicals
that cause cancer in laboratory animals also may increase the risk of cancer in humans who
are exposed over long periods of time. EPA has set the drinking water standard for
toxaphene at 0.003 part per million (ppm) to reduce the risk of cancer or other adverse
health effects which have been observed in laboratory animals. Drinking water that meets
this standard is associated with little to none of this risk and is considered safe with
respect to toxaphene.
49)
2,4,5-TP: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that 2,4,5-TP is a health concern at certain levels of
exposure. This organic chemical is used as a herbicide. When soil and climatic conditions
are favorable, 2,4,5-TP may get into drinking water by runoff into surface water or by
leaching into ground water. This chemical has been shown to damage the liver and kidney
of laboratory animals such as rats and dogs exposed to high levels during their lifetimes.
Some industrial workers who were exposed to relatively large amounts of this chemical
during working careers also suffered damage to the nervous system. EPA has set the
drinking water standard for 2,4,5-TP at 0.05 part per million (ppm) to protect against the
risk of these adverse health effects. Drinking water that meets the EPA standard is
associated with little to none of this risk and is considered safe with respect to 2,4,5-TP.
50)
Xylenes: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that xylene is a health concern at certain levels of exposure.
This organic chemical is used in the manufacture of gasoline for airplanes and as a solvent
for pesticides, and as a cleaner and degreaser of metals. It usually gets into water by
improper waste disposal. This chemical has been shown to damage the liver, kidney and
nervous system of laboratory animals such as rats and dogs exposed to high levels during
their lifetimes. Some humans who were exposed to relatively large amounts of this
chemical also suffered damage to the nervous system. EPA has set the drinking water
standard for xylene at 10 parts per million (ppm) to protect against the risk of these
adverse health effects. Drinking water that meets the EPA standard is associated with little
no none of this risk and is considered safe with respect to xylene.
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51)
Lead: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that lead is a health concern at certain exposure levels.
Materials that contain lead have frequently been used in the construction of water supply
distribution systems, and plumbing systems in private homes and other buildings. The
most commonly found materials include service lines, pipes, brass and bronze fixtures, and
solders and fluxes. Lead in these materials can contaminate drinking water as a result of
the corrosion that takes place when water comes into contact with those materials. Lead
can cause a variety of adverse health effects in humans. At relatively low levels of
exposure, these effects may include interference with red blood cell chemistry, delays in
normal physical and mental development in babies and young children, slight deficits in the
attention span, hearing and learning abilities of children, and slight increases in the blood
pressure of some adults. EPA's national primary drinking water regulation requires all
public water systems to optimize corrosion control to minimize lead contamination
resulting from the corrosion of plumbing materials. Public water systems serving 50,000
people or fewer that have lead concentrations below 15 parts per billion (ppb) in more than
90% of tap water samples (the EPA "action level") have optimized their corrosion control
treatment. Any water system that exceeds the action level must also monitor their source
water to determine whether treatment to remove lead in source water is needed. Any water
system that continues to exceed the action level after installation of corrosion control
and/or source water treatment must eventually replace all lead service lines contributing in
excess of 15 ppb of lead to drinking water. Any water system that exceeds the action level
must also undertake a public education program to inform consumers of ways they can
reduce their exposure to potentially high levels of lead in drinking water.
(52)
Copper: The United State Environmental Protection Agency (EPA) sets drinking water
standards and has determined that copper is a health concern at certain exposure levels.
Copper, a reddish-brown metal, is often used to plumb residential and commercial
structures that are connected to water distribution systems. Copper contaminating
drinking water as a corrosion by-product occurs as the result of the corrosion of copper
pipes that remain in contact with water for a prolonged period of time. Copper is an
essential nutrient, but at high doses it has been shown to cause stomach and intestinal
distress, liver and kidney damage, and anemia. Persons with Wilson's disease may be at a
higher risk of health effects due to copper than the general public. EPA's national primary
drinking water regulation requires all public water systems to install optimal corrosion
control to minimize copper contamination resulting from the corrosion of plumbing
materials. Public water systems serving 50,000 people or fewer that have copper
concentrations below 1.3 parts per million (ppm) in more than 90% of tap water samples (
the EPA"action level" are not required to install or improve their treatment. Any water
system that exceeds the action level must also monitor their source water to determine
whether treatment to remove copper is source water is needed.
(53)
Antimony: The United States Environmental Agency (EPA) sets drinking water standards
and has determined that antimony is a health concern at certain levels of exposure. This
inorganic chemical occurs naturally in soils, ground water and surface waters and is often
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used in the flame retardant industry. It is also used in ceramics, glass, batteries, fireworks
and explosives. It may get into drinking water though natural weathering of rock, industrial
production, municipal waste disposal or manufacturing processes. This chemical has been
shown to decrease longevity, and altered blood levels of cholesterol and glucose in
laboratory animals such as rats exposed to high levels during their lifetimes. EPA has set
the drinking water standard for antimony of 0.006 parts per million (ppm) to protect
against the risk of these adverse health effects. Drinking water which meets the EPA
standard is associated with little to none of this risk and should be considered safe with
respect to antimony.
(54)
Beryllium: The United State Environmental Protection Agency (EPA) sets drinking water
standards and has determined that beryllium is a health concern at certain levels of
exposure. This inorganic metal occurs naturally in soils, ground water and surface waters
and is often used in electrical equipment and electrical components. It generally gets into
water from runoff from mining operations, discharge from processing plants and improper
waste disposal. Beryllium compounds have been associated with damage to the bones and
lungs and induction of cancer in laboratory animals such as rats and mice when the animals
are exposed at high levels over their lifetimes. There is limited evidence to suggest that
beryllium may pose a cancer rise via drinking water exposure. Therefore, EPA based the
health assessment on noncancer effects with an extra uncertainty factor to account for
possible carcinogenicity. Chemicals that cause cancer in laboratory animals also may
increase the risk of cancer in humans who are exposed over long periods of time. EPA has
set the drinking water standard for beryllium at 0.004 part per million (ppm) to protect
against the risk of these adverse health effects. Drinking water which meets the EPA
standard is associated with little to none of this risk and should be considered safe with
respect to beryllium.
(55)
Cyanide: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that cyanide is a health concern at certain levels of exposure.
This inorganic chemical is used in electroplating, steel processing, plastics., synthetic
fabrics and fertilizer products. It usually gets into water as a result of improper waste
disposal. This chemical has been shown to damage the spleen, brain and liver of humans
fatally poisoned with cyanide. EPA has set the drinking water standard for cyanide at 0.2
parts per million (ppm) to protect against the risk of these adverse health effects. Drinking
water which meets the EPA standard is associated with little to none of this risk and should
be considered safe with respect to cyanide.
(56)
Nickel: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that nickel poses a health concern at certain levels of
exposure. This inorganic metal occurs naturally in soils, ground water and surface waters
and is often used in electroplating, stainless steel and alloy products. It generally gets into
water from mining and refining operations. This chemical has been shown to damage the
heart and liver in laboratory animals when the animals are exposed to high levels over their
lifetimes. EPA has set the drinking water standard at 0.1 parts per million (ppm) for nickel
to protect against the risk of these adverse effects. Drinking water which meets the EPA
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standard is associated with little to none of this risk of these adverse effects. Drinking
water which meets the EPA standard is associated with little to none of this risk and should
be considered safe with respect to nickel.
(57)
Thallium: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that thallium is a health concern at certain levels of exposure.
This inorganic metal is found naturally in soils and is used in electronics, pharmaceuticals,
and the manufacture of glass and alloys. This chemical has been shown to damage the
kidney, liver, brain and intestines of laboratory animals when the animals are exposed at
high levels over their lifetimes. EPA has set the drinking water standard to thallium at
0.002 parts per million (ppm) to protect against the risk of these adverse health effects.
Drinking water which meets the EPA standard is associated with little to none of this risk
and should be considered safe with respect to thallium.
(58)
Benzo[a]pyrene: The United States Environmental Protection Agency (EPA) sets drinking
water standards and has determined that benzo[a]pyrene is a health concern at certain levels
of exposure. Cigarette smoke and charbroiled meats are common source of general
exposure. The major source of benzo[a]pyrene in drinking water is the leaching from coal
tar lining and sealants in water storage tanks. The chemical has been shown to cause cancer
in animals such as rats and mice when the animals area exposed at high levels. EPA has set
the drinking water standard for benzo[a]pyrene at 0.0002 parts per million (ppm) to protect
against the risk of cancer. Drinking water which meets the EPA standard is associated with
little to none of this risk and should be considered safe with respect to benzo[a]pyrene.
(59)
Dalapon: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that dalapon is a health concern at certain levels of exposure.
This organic chemical is a widely used herbicide. It may get into drinking water after
application to control grasses in crops, drainage ditches and along railroads. This chemical
has been shown to cause damage to the kidney and liver in laboratory animals when the
animals are exposed to high levels over their lifetimes. EPA has set the drinking water
standard for dalapon at 0.2 parts per million (ppm) to protect against the risk and should be
considered safe with respect to dalapon.
(60)
Dichloromethane: The United States Environmental Protection Agency (EPA) sets
drinking water standards and has determined that dichloromethane (methylene chloride) is
a health concern at certain levels of exposure. This organic chemical is a widely used
solvent. It is used in the manufacture of paint remover, as a metal degreaser and as an
aerosol propellant. It generally gets into drinking water after improper discharge of waste
disposal. This chemical has been shown to cause cancer in laboratory animals such as rats
and mice when the animals are exposed at high levels over their lifetimes. Chemicals that
cause cancer in laboratory animals also may increase the risk of cancer in humans who are
exposed over long periods of time. EPA has set the drinking water standard for
dichloromethane at 0.005 parts per million (ppm) to reduce the risk of cancer or other
adverse health effects which have been observed in
laboratory animals. Drinking
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water which meets this standard is associated with little to none of this risk and should be
considered safe with respect to dichloromethane.
(61)
Di(2-ethylhexyl)adipate: The United State Environmental Protection Agency (EPA) sets
drinking water standards and has determined that di(2-ethylhexyl)adipate is a health
concern at certain levels of exposure. Di(2-ethylhexyl)adipate is a widely used plasticizer
in a variety of products, including rubber, food packaging materials and cosmetics. It may
get into drinking water after improper waste disposal. This chemical has been shown to
damage liver and testes in laboratory animals such as rats and mice exposed to high levels.
EPA has set the drinking water standard for di(2-ethylhexl)adipate at 0.4 parts per million
(ppm) to protect against the risk of adverse health effects. Drinking water which meets the
EPA standards is associated with little to none of this risk and should be considered safe
with respect to di(2-ethylhexyl)adipate.
(62)
Di(2-ethylhexyl)phthalate: The United States Environmental Protection Agency (EPA)
sets drinking water standards and has determined that di(2-ethylhexyl)phthalate is a health
concern at certain levels of exposure. Di(2-ethylhexyl)phthalate is a widely used
plasticizer, which is primarily used in the production of polyvinyl chloride (PVC) resins.
It may get into drinking water after improper waste disposal. This chemical has been
shown to cause cancer in laboratory animals such as rats and mice exposed to high levels
over their lifetimes. EPA has set the drinking water standard for di(2-ethylhexyl)phthalate
at 0.006 parts per million (ppm) to reduce the risk of cancer or other adverse health
effects which have been observed in laboratory animals. Drinking water which meets the
EPA standard is associated with little to none of this risk and should be considered safe
with respect to di(2-ethylhexyl)phthalate.
(63)
Dinoseb: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that dinoseb is a health concern at certain levels of exposure.
Dinoseb is a widely used pesticide and generally gets into drinking water after application
on orchards, vineyards and other crops. This chemical has been shown to damage the
thyroid and reproductive organs in laboratory animals such as rats exposed to high levels.
EPA has set the drinking water standard for dinoseb at 0.007 parts per million (ppm) to
protect against the risk of adverse health effects. Drinking water which meets the EPA
standard is associated with little to none of this risk and should be considered safe with
respect to dinoseb.
(64)
Diquat: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that diquat is a health concern at certain levels of exposure.
This organic chemical is a herbicide used to control terrestrial and aquatic weeds. It may
get into drinking water by runoff into surface water. This chemical has been shown to
damage the liver, kidney and gastrointestinal tract and causes cataract formation in
laboratory animals such as dogs and rats exposed at high levels over their lifetimes. EPA
has set the drinking water standard for diquat at 0.02 parts per million (ppm) to protect
against the risk of these adverse health effects. Drinking water which meets the EPA
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standard is associated with little to none of this risk and should be considered safe with
respect to diquat.
(65)
Endothall: The United States Environmental Protection Agency (EPA) has determined
that endothall is a health concern at certain levels of exposure. This organic chemical is a
herbicide used to control terrestrial and aquatic weeds. It may get into water by runoff into
surface water. This chemical has been shown to damage the liver, kidney, gastrointestinal
tract and reproductive system of laboratory animals such as rats and mice exposed at high
levels over their lifetimes. EPA has set the drinking water standard for endothall at 0.1
parts per million (ppm) to protect against the risk of these adverse health effects. Drinking
water which meets the EPA standard is associated with little to none of this risk and should
be considered safe with respect to endothall.
(66)
Endrin: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that endrin is a health concern at certain levels of exposure.
This organic chemical is a pesticide no longer registered for use in the United States.
However, this chemical is persistent in treated soils and accumulates in sediments and
aquatic and terrestrial biota. This chemical has been shown to cause damage to the liver,
kidney and heart in laboratory animals such as rats and mice when the animals are exposed
at high levels over their lifetimes. EPA has set the drinking water standard for enrin at
0.002 parts per million (ppm) to protect against the risk of these adverse health effects
which have been observed in laboratory animals. Drinking water that meets the EPA
standard is associated with little to none of this risk and should be considered safe with
respect to endrin.
(67)
Glyphosate: The United States Environmental Protection Agency (EPA) sets drinking
water standards and has determined that glyphosate is a health concern at certain levels of
exposure. This organic chemical is a herbicide used to control grasses and weeds. It may
get into drinking water by runoff into surface water. This chemical has been shown to
cause damage to the liver and kidneys in laboratory animals such as rats and mice when the
animals are exposed at high levels over their lifetimes. EPA has set the drinking water
standard for glyphosate at 0.7 parts per million (ppm) to protect against the risk of these
adverse health effects. Drinking water which meets the EPA standard is associated with
little to none of this risk and should be considered safe with respect to glyphosate.
(68)
Hexachlorobenzene: The United States Environmental Protection Agency (EPA) sets
drinking water standards and has determined that hexachlorobenzene is a health concern at
certain levels of exposure. This organic chemical is produced as an impurity in the
manufacture of certain solvents and pesticides. This chemical has been shown to cause
cancer in laboratory animals are exposed to high levels during their lifetimes. Chemicals
that cause cancer in laboratory animals also may increase the risk of cancer in humans who
are exposed over long periods of time. EPA has set the drinking water standard for
hexachlorobenzene at 0.001 parts per million (ppm) to protect against the risk of cancer
and side effects. Drinking water which meets the EPA standard is associated with little to
none of this risk and should be considered safe with respect to hexachlorobenzene.
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(69)
Hexachlorocyclopentadiene: The United States Environmental Protection Agency (EPA)
establishes drinking water standards and has determined that hexachlorocyclopentadiene is
a health concern at certain levels of exposure. This organic chemical is used as an
intermediate int he manufacture of pesticides and flame retardants. It may get into water
by discharge from production facilities. This chemical has been shown to damage the
kidney and the stomach of laboratory animals when exposed at high levels over their
lifetimes. EPA has set the drinking water standard for hexachlorocyclopentadiene at 0.05
parts per million (ppm) to protect against the risk of these adverse health effects. Drinking
water which meets the EPA standard is associated with little to none of this risk and should
be considered safe with respect to hexachlorocyclopentadiene.
(70)
Oxamyl: The United States Environmental Protection Agency (EPA) establishes drinking
water standards and has determined the oxamyl is a health concern at certain levels of
exposure. This organic chemical is used as a pesticide for the control of insects and other
pests. It may get into drinking water by runoff into surface water or leaching into ground
water. This chemical has been shown to damage the kidneys of laboratory animals such as
rats when exposed at high levels over their lifetimes. EPA has set the drinking water
standards for oxamyl at 0.2 parts per million (ppm) to protect against the risk of these
adverse health effects. Drinking water which meets the EPA standard is associated with
little to none of this risk and should be considered safe with respect to oxamyl.
(71)
Picloram: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that picloram is a health concern at certain levels of
exposure. This organic chemical is used as a pesticide for broadleaf weed control. It may
get into drinking water by runoff into surface water or leaching into ground water as a
result of pesticide application and improper waste disposal. This chemical has been shown
to cause damage to the kidneys and liver in laboratory animals such as rats when the
animals are exposed at high levels over their lifetimes. EPA has set the drinking water
standard for picloram at 0.5 parts per million (ppm) to protect against the risk of these
adverse health effects. Drinking water which meets the EPA standard is associated with
little to none of this risk and should be considered safe with respect to picloram.
(72)
Simazine: The United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that simazine is a health concern at certain levels of
exposure. This organic chemical is a herbicide used to control annual grasses and
broadleaf weeds. It may leach into ground water or runs off into surface water after
application. This chemical may cause cancer in laboratory animals such as rats and mice
exposed at high levels during their lifetimes. Chemicals that cause cancer in laboratory
animals may increase the risk of cancer in humans who are exposed over long periods of
time. EPA has set the drinking water standard for simazine at 0.004 parts per million
(ppm) to reduce the risk of cancer or other adverse health effects. Drinking water which
meets the EPA standard is associated with little to none of this risk and should be
considered safe with respect to simazine.
Section “J”: Appendix Two
251
(73)
1,2,4-Trichlorobenzene: The United States Protection Agency (EPA) sets drinking water
standards and has determined that 1,2,4-trichlorobenzene is a health concern at certain
levels of exposure. This organic chemical is used as a dye carrier and as a precursor in
herbicide manufacturer. It generally gets into drinking water by discharges from industrial
activities. This chemical has been shown to cause damage to several organs, including the
adrenal glands. EPA has set the drinking water standard for 1,2,4-trichlorobenzene at 0.07
parts per million (ppm) to protect against the risk of these adverse health effects. Drinking
water which meets the EPA standard is associated with little to none of this risk and should
be considered safe with respect to 1,2,4-trichlorobenzene.
(74)
1,1,2-Trichloroethane: The United States Environmental Protection Agency (EPA) sets
drinking water standards and has determined 1,1,2-trichloroethane is a health concern at
certain levels of exposure. This organic chemical is an intermediate in the production of
1,1,2-dichloroethylene. It generally gets into water by industrial discharge of wastes. This
chemical has been shown to damage the kidney and liver of laboratory animals such as rats
exposed to high levels during their lifetimes. EPA has set the drinking water standard for
1,1,2-trichloroethane at 0.005 parts per million (ppm) to protect against the risk of these
adverse health effects. Drinking water which meets the EPA standard is associated with
little to none of this risk and should be considered safe with respect to 1,1,2-
trichloroethane.
(75)
2,3,7,8-TCDD (Dioxin): The United States Environmental Protection Agency (EPA) sets
drinking water standards and has determined that dioxin is a health concern at certain levels
of exposure. This organic chemical is an impurity in the production of some pesticides. It
may get into drinking water by industrial discharge of wastes. This chemical has been
shown to cause cancer in laboratory animals such as rats and mice when the animals are at
high levels over their lifetimes. Chemicals that cause cancer in laboratory animal also may
increase the risk of cancer in humans who are exposed over long periods of time. EPA has
set the drinking water standard for dioxin at 0.00000003 parts per million (ppm) to reduce
the risk of cancer or other adverse health effects which have been observed in laboratory
animals. Drinking water which meets the standard is associated with little to none of this
risk and should be considered safe with respect to dioxin.
Section “K”: Appendix Three
252
Recommended Health Effects Language
EPA is in the process of developing final mandatory health effects language for additional
contaminants. Until such language is promulgated, recommended language is provided below.
1)
Turbidity: The United States Protection Agency (EPA) sets drinking water standards and
has determined that the turbidity of water is a health concern at certain levels of exposure.
The turbidity, or cloudiness, of drinking water is a measure of the minute particles
suspended in the water that can interfere with disinfection and with testing for bacteria.
Excessive turbidity can allow disease-causing organisms to survive. EPA has set the
enforceable drinking water standard for turbidity at 1 turbidity unit (TU) as determined by a
monthly average of daily results, and 5 TU based on an average of two consecutive days, to
reduce the risk of health effects associated with particles suspended in water. Drinking
water which meets this standard is associated with little to none of this risk and should be
considered safe.
October 25, 2001
DWQ-appendix2-section j-final regs-june01.doc
Section “K”: Appendix Three
253
APPENDIX 3
DWQ PENALTY MATRIX (1)
The Division of Drinking Water Quality has classified its regulations into the following
three categories for use when assessing Administrative Penalties:
Categories *
Category I Penalty Range $1,000 - $5,000/day/violation
These types of violation have a direct impact on public health and will be given a high
priority.
è
Exceeding any MCL including
Bacteria
Inorganic
Pesticides/Organic
Turbidity
Radiological
è
Failure to maintain required chlorine residual
è
Failure to adhere to new source approval requirements/plan requirements
Category II Penalty Range $100 - $1000/day/violation
These types of violations/noncompliance, also have a direct impact on public health but are
mainly noncompliance with technical safeguards.
è
Failure to monitor as required
è
Failure to comply with reporting requirements
è
Failure to make public notice as required
è
Failure to notify DWQ within 48 hrs after confirmation check samples reveal MCL
violations
è
Denial of right of entry provisions
è
Failure to comply with operators certification requirements
Category III Penalty Range $100 - $300/day/violation
These types of violations have an indirect impact on public health and are generally related
to poor record keeping.
è
Failure to submit monitoring reports (monitoring was done but system did not send
report to DWQ until it was requested)
è
Late submittal of monitoring reports
è
Failure to keep required records on file as required
Section “K”: Appendix Three
254
* Violation of a Department Order is a separate and additional violation from the violation
or violations which gave rise to the issuance of the order, and is given a Base Number of
$1000.00. No distinction should be made between a unilateral order and a consent order
for the purpose of assessing administrative penalties.
The above classification is subject to change as the Division gets more experience with the
Administrative Penalties regulations. The Legal office will be kept informed of all changes.
Section “K”: Appendix Three
255
DWQ PENALTY MATRIX (2)
Sections R46-13-DWQ
Noncompliance
Categories
1.0
Definitions
N/A
2.0
Coverage
I
a)
Approval required
I
c)
Right of entry
II
3.0
New Water Sources
I
4.0
Approval of Treatment Works, Storage and Pumping Facilities
I
5.0
Filtration and Disinfection
5.1
General Requirements
5.2
Criteria for avoiding filtration
II
5.3
Disinfection
I
5.4
Filtration
I
5.5
Analytical and monitoring requirements
II
5.6
Monitoring requirements for systems that do not provide filtration II
5.7
Monitoring requirements for systems using filtration equipment II
5.8
Reporting and record keeping requirements
III
6.0
Control of Lead and Copper
§6.80 General requirements
§6.81 Applicability of corrosion control treatment steps to small, medium-size
and large water systems
I
§6.82 Description of corrosion control treatment requirements
I
§6.83 Source water treatment requirements
I
§6.84 Lead service line replacement requirements
I
§6.85 Public education and supplemental monitoring requirements
II
§6.86 Monitoring requirements for lead and copper in tap water
II
§6.87 Monitoring requirements for water quality parameters
II
§6.88 Source monitoring requirements for lead and copper in water
II
S6.89 Analytical methods
II
§6.90 Reporting requirements
III
§6.91 Record keeping requirements
III
7.0
Connections Between Distribution Systems
II
8.0
Contamination of Tanks
I
8.1
Tanks Connected to Unsafe Supplies
8.2
Avoidance of Contamination in Tanks
Section “K”: Appendix Three
256
9.0
Assurance of Safety in Public Supply
II
10.0 Correction of Unsafe Conditions
I
Sections R46-13-DWQ
Noncompliance
Categories
11.0 Reports as to Public Supplies
II
12.0 Certified Laboratories
II
13.0 Ground Water Microbiology
II
14.0 Consecutive Water System Monitoring
N/A
15.0 Variances and Exemptions
N/A
16.0 Community Water System Requirements
Maximum Contaminant levels for 16.1 Inorganic Chemicals
I
Section “K”: Appendix Three
257
DWQ PENALTY MATRIX (3)
16.2 Organic Chemicals
16.3 Turbidity
16.4 Microbiological
16.5 Radioactivity
Monitoring Requirements, Analytical Techniques, and
Monitoring Frequency for 16.1, 16.2, 16.3, 16.4,
II
16.5, 16.6 and 16.7
II
16.8 Public Notification
II
16.9 Records
III
17.0 Non-Community Water System Requirements
Maximum Contaminant levels for
I
17.1 Microbiological
17.2 Inorganic Chemicals
17.3 Organic Chemicals
17.4 Turbidity
Monitoring Requirements, Analytical Techniques and
Monitoring Frequency for 17.1, 17.2, 17.3, 17.4
II
and 17.5
17.6 Public Notification
II
17.7 Records
III
18.0
Fee Schedule
N/A
19.0
Rules Governing Practices and Procedures
N/A
20.0
Violations, Noncompliance, and Enforcement
21.0
Severability
N/A
Other Areas of Non-Compliance
Violations of approval letter requirements
I
Contamination incidents
I
Non-compliance with orders
I
Section “K”: Appendix Three
258
DWQ PENALTY MATRIX (4)
PWSS Civil or Complaint for Penalty Calculation Work Sheet
DATE / /
PWS Name or Owner Name
PWS ID#
LOCATION
Violation Cited
I.
Calculate Statutory Maximum Penalty
(A)
Length of Violation (in days)
(B)
Maximum Penalty
Civil Penalty - $5,000/day
Statutory Maximum Penalty
II.
Calculate Economic Benefit Component
1.
Estimate avoided and delayed costs
through reasonable methodology.
This must be documented.
III.
Calculate Gravity Component
2.
BASE NUMBER . . . . . . . . . . . .
3.
Impact (+ or -) . . . . . . . . . .
4.
Extent (+ or -) . . . . . . . . . .
5.
# of Violations (+ or -) . . . . .
6.
GRAVITY BASE NUMBER
(Total lines 2,3,4 and 5)
**(Total must be within class range)
7.
NUMBER OF DAYS (If applicable . . .)
(Must be at least one)
8.
TOTAL GRAVITY BASE NUMBER
(Multiply 6 by 7)
9.
PRELIMINARY SETTLEMENT AMOUNT
(Economic Benefit + Gravity Component
IV.
Adjustment Factors TO TOTAL GRAVITY BASE NUMBER
10.
History of Violations
(+)
0 to 50% ....
%
11.
Lack of Good Faith
(+)
0 to 100% ...
%
12.
Financial Condition
(+ or -) 0 to 50% ....
%
13.
Public Interest
(+ or -) 0 to 50% ....
%
14.
Special Circumstances
(+ or -) 0 to 50% ....
%
15.
Litigation Considerations (-)
0 to 90% ....
%
TOTAL PERCENTAGE ADJUSTMENTS
16.
(Add lines 10 thru 15) . . . . . . . . . . . .
%
17.
MULTIPLY LINE 16 BY LINE 8 . . . . . . . . . $
18.
Enforcement Costs . . . . . . . . . . . . . .
$
V.
Final Settlement Amount
19.
TOTAL PENALTY (Add lines 1,8,17 and 18) . . .
$
COMMENTS (Briefly note reason for any adjustments)
Section “K”: Appendix Four
259
APPENDIX 4
List of Potential Sources of Groundwater Contamination
è
Agricultural related activities (pesticide and fertilizer storage and application, machinery maintenance and fueling
è
Airports-commercial (maintenance and repair, fuel storage)
è
Animal care and holding areas (stables, kennels, pet shops)
è
Asphalt, coal, tar and concrete companies
è
Automotive repair shops
è
Automotive body shops
è
Auto parts stores
è
Beauty salons
è
Boat builders and refinishers
è
Bus and truck terminals
è
Chemical manufacturers
è
Construction sites
è
Dredge disposal sites
è
Dry cleaners
è
Food processors (meat packers, dairies, bakeries)
è
Fuel oil distributors (product storage, equipment maintenance and storage)
è
Funeral homes and cemeteries
è
Furniture strippers, refinishers
è
Golf courses
è
Hotels and motels
è
Industrial manufacturers
è
Junkyard and salvage yards
è
Land application of sewage sludge
è
Landfills and dumps
è
Laundromats
è
Machine shops
è
Medical facilities (hospitals, clinics, laboratories)
è
Metal and drum cleaning/reconditioning
è
Military facilities (past and present)
è
Nurseries
è
Nursing homes
è
Paint shops
è
Photographic processors
è
Pipelines (oil and sewer)
è
Printers and blueprint shops
è
Prisons
è
Railroad yards
è
Repair shops (engines, appliances, etc.)
è
Research laboratories
è
Residential development (lawn care, septic systems)
è
Restaurants and taverns
è
Retail shopping centers, malls
è
Road salt storage
Section “K”: Appendix Four
260
APPENDIX 4
List of Potential Sources of Groundwater Contamination
è
Rust proofers
è
Sand and gravel mining operations
è
Sawmills
è
Schools, colleges and trade centers
è
Service stations (gas stations)
è
Storm water management facilities (leaching systems)
è
Transmission line rights of way
è
Transportation corridors (road deicing, materials transport)
è
Utility substations/transformers
è
Waste storage, treatment and recycling (hazardous and non-hazardous)
è
Water transfer stations
è
Wastewater treatment plants (past or present sludge disposal)
è
Wood preservers